text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cambridge University Hospitals National Health Service Foundation Trust (Transfer of Trust Property) Order 2005 and shall come into force on 31 st March 2005.
2
In this Order —
“the NHS Foundation Trust” means the Cambridge University Hospitals National Health Service Foundation Trust ;
“the new trustees” means the trustees for the Cambridge University Hospitals National Health Service Foundation Trust ; and
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the NHS Foundation Trust and the new trustees and signed on behalf of the NHS Foundation Trust on 14 January 2005 and on behalf of the new trustees on 14 January 2005.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the NHS Foundation Trust to the new trustees.
2
In any instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new trustees and any reference to the NHS Foundation Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new trustees.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
26th February 2005


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Export Control (Iraq and Ivory Coast) Order 2005 and shall come into force on 9 th February 2005.
2
In this Order–
“the 2003 Order ” means the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 ;
“ the Regulation ” means Council Regulation ( EC ) No 174/2005 of 31 January 2005 ; and
“customs and excise Acts” and “prescribed sum” have the same meanings as in section 1 of the Customs and Excise Management Act 1979 .
2
Any person who, except under the authority of a licence granted under this Order, infringes any of the following prohibitions in the Regulation:
a
Article 2(a), prohibiting the grant, sale, supply or transfer of technical assistance related to military activities, directly or indirectly to any person, entity or body in, or for use in, Ivory Coast; or
b
Article 2(b), prohibiting financing or financial assistance related to military activities for any sale, supply, transfer or export of arms and related material, or for any grant, sale, supply, or transfer of related technical assistance and other services, directly or indirectly to any person, body or entity in, or for use in, Ivory Coast; or
c
Article 2(c), prohibiting the participation, knowingly or intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to in Article 2(a) and (b); or
d
Article 3(a), prohibiting the sale, supply, transfer or export, directly or indirectly, of equipment which might be used for internal repression as listed in Annex I to the EC Regulation, whether or not originating in the Community, to any person, entity or body in, or for use in Ivory Coast; or
e
Article 3(b), prohibiting the grant, sale, supply or transfer of technical assistance, related to the equipment listed in Annex I to the EC Regulation, directly or indirectly to any person, entity or body in, or for use in Ivory Coast; or
f
Article 3(c), prohibiting the provision of financing or financial assistance related to the equipment listed in Annex I to the EC Regulation, directly or indirectly to any person, entity or body in, or for use in Ivory Coast; or
g
Article 3(d), prohibiting the participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote transactions referred to in Articles 3(a), (b) or (c),
shall be guilty of an offence and may be arrested.
3
Any person who is knowingly concerned in the transactions set out in article 2 of this Order with intent to evade any prohibition in that article shall be guilty of an offence and may be arrested.
4
1
Authorisation for the transactions set out in article 2 shall in the United Kingdom be by way of a licence in writing granted by the Secretary of State.
2
If, for the purpose of obtaining a licence, any person —
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular, or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
he shall be guilty of an offence; and any licence granted in connection with the application for which the false statement was made or the false document or information furnished shall be void as from the time it was granted.
3
Any person who, having acted under the authority of a licence granted under this regulation, fails to comply with any of the requirements or conditions to which the licence is subject shall be guilty of an offence, unless —
a
the licence had been previously modified by the Secretary of State without that person’s consent, and
b
the alleged failure to comply would not have been a failure had the licence not been so modified.
5
1
A person guilty of an offence under article 2, or 4(2) or (3) of this Order shall be liable —
a
on summary conviction to a fine of the prescribed sum or to imprisonment for a term not exceeding 6 months, or to both; or
b
on conviction on indictment to a fine of any amount or to imprisonment for a term not exceeding 2 years, or to both.
2
A person guilty of an offence under article 3 of this Order shall be liable —
a
on summary conviction to a fine of the prescribed sum;
b
on conviction on indictment to a fine of any amount or to imprisonment for a term not exceeding ten years, or to both.
3
Section 138 of the Customs and Excise Management Act 1979 (provision as to arrest of persons) shall apply to the arrest of any person for any offences under article 2 or 3 as it applies to the arrest of any person for offences under the customs and excise Acts.
4
Sections 145 to 148 and 150 to 155 of the Customs and Excise Management Act 1979 (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under this Order and to proceedings for such offences as they apply in relation to offences and penalties and to proceedings for offences under the customs and excise Acts.
6
In article 11 of the 2003 Order (Aircraft, Vessels, Firearms and ammunition and Goods in Transit), in each of paragraphs (2), (6) and (9)(b) for the reference to “Iran or Iraq” there shall be substituted a reference to “Iran ”, and in paragraph (11)(e) for the reference to “Iran, Iraq or North Korea” there shall be substituted a reference to “Iran or North Korea”.
7
In Schedule 3 to the 2003 Order, entries for Ivory Coast and Iraq shall be added, at the appropriate respective places, to the list of countries and destinations.
In the Trade in Controlled Goods (Embargoed Destinations) Order 2004 , Ivory Coast shall be added at the appropriate place to the list of embargoed destinations in the Schedule.
Nigel Griffiths,
Parliamentary Under Secretary of State for Small Business and Enterprise,
Department of Trade and Industry
7th February 2005


text:
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 2005 and comes into force on 1st April 2005.
2
In Schedule 1 to the Value Added Tax Act 1994 (registration in respect of taxable supplies) —
a
in paragraph 1(1)(a), (1)(b), (2)(a) and (2)(b), for “£58,000” substitute “£60,000” and;
b
in paragraphs 1(3) and 4(1) and (2), for “£56,000” substitute “£58,000”.
3
In Schedule 3 to the Value Added Tax Act 1994 (registration in respect of acquisitions from other member States) —
a
in paragraph 1(1) and (2); and
b
in paragraph 2(1)(a), (1)(b) and (2),
for “£58,000” substitute “£60,000”.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2005 and shall come into force on 1 st October 2005.
2
In this Order —
“the Schedule” means the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999 .
3
In this Order (save where the context otherwise requires) references to entries are references to entries in the Schedule.
Amendment
2
The Schedule is amended in accordance with article 3 below.
3
1
After the entry relating to the Civil Aviation Authority, there shall be inserted the entry in the Schedule to this Order relating to the Office of Communications.
2
The entry relating to the Director General of Telecommunications shall be deleted.
3
After the entry relating to Audit Scotland, there shall be inserted the entry in the Schedule to this Order relating to the Gas and Electricity Markets Authority.
4
The entries relating to the Director General of Electricity Supply and Director General of Gas Supply shall be deleted.
5
For the entry relating to the Commission for Healthcare Audit and Inspection or the Commission for Social Care Inspection, there shall be substituted the entries in the Schedule to this Order relating to the Commission for Healthcare Audit and Inspection and the Commission for Social Care Inspection.
6
For the entry relating to the National Assembly for Wales there shall be substituted the entry in the Schedule to this Order relating to the National Assembly for Wales.
7
The entry relating to the Occupational Pensions Regulatory Authority shall be amended to refer to the Pensions Regulator in substitution for the Occupational Pensions Regulatory Authority.
Alun Michael
Minister for Industry and the Regions
Department of Trade and Industry
2nd September 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Education Act 2005 (Commencement No.1 and Savings and Transitional Provisions) Order 2005.
2
In this Order “the 2005 Act ” means the Education Act 2005.
Provisions coming into force
2
The following provisions of Schedule 7 to the 2005 Act shall come into force on 1st August 2005 —
paragraph 3(6);
paragraph 4(4);
paragraph 12 for the purpose of making regulations under the substituted paragraph 6A(4) in Schedule 26 to the School Standards and Framework Act 1998 ; and
paragraph 20 for the purpose of making regulations under the substituted paragraph 13A(2) in Schedule 26 to the School Standards and Framework Act 1998.
3
The following provisions of the 2005 Act shall come into force on 1st September 2005 —
sections 1 to 18;
sections 48 and 49; and
Schedule 1.
4
The following provisions of the 2005 Act shall come into force in relation to England only on 1st September 2005 —
sections 44 and 45;
section 46 to the extent that it relates to the paragraphs of Schedule 5 specified below;
section 47;
section 51;
section 54;
section 58;
section 60;
section 61 to the extent that it relates to the paragraphs of Schedule 9 specified below;
section 105 to the extent that it inserts subsections (1), (2) and (5) of section 28A in the Education Act 2002 ;
sections 115 and 116;
section 117 to the extent that it relates to the paragraphs of Schedule 18 specified below;
section 118;
section 123 to the extent that it relates to the provisions of Schedule 19 specified below;
in Schedule 5 —
paragraph 1;
paragraph 2(1) and (2);
paragraph 2(3), except to the extent that it substitutes subsection (2)(b) in section 113(2) of the Learning and Skills Act 2000 ;
paragraph 3(1) to (7);
paragraph 3(8), except to the extent that it substitutes sub-paragraph (1)(b), sub-paragraph (2)(b)(ii) and (3)(b) in paragraph 6 of Schedule 7 to the Learning and Skills Act 2000;
paragraph 3(9), except to the extent that it substitutes paragraph 7(2)(b) in Schedule 7 to the Learning and Skills Act 2000;
paragraph 3(10) and (11);
paragraph 3(12), except to the extent that it substitutes sub-paragraph (1)(b) in paragraph 11 of Schedule 7 to the Learning and Skills Act 2000;
paragraph 3(13);
paragraph 3(14), except to the extent that it substitutes sub-paragraph (1)(b), sub-paragraph (2)(b)(ii) and sub-paragraph (3)(b) in paragraph 13 of Schedule 7 to the Learning and Skills Act 2000; and
paragraph 3(15);
Schedule 8;
in Schedule 9 —
paragraphs 8 to 14;
paragraph 15(1);
paragraph 15(2), except to the extent that it substitutes subsection (4)(a)(ii) in section 15 of the School Standards and Framework Act 1998;
paragraph 15(3);
paragraph 15(4), except to the extent that it substitutes subsection (6)(a)(ii) in section 15 of the School Standards and Framework Act 1998;
paragraphs 16 to 21; and
paragraphs 28 to 30;
in Schedule 18, paragraphs 1, 6 and 15; and
in Schedule 19, Part 1, the repeal of the entries relating to —
the Education Act 1996;
the School Inspections Act 1996;
the Education Act 1997;
the Learning and Skills Act 2000, except in relation to the repeal of section 81;
the Education Act 2002; and
the School Standards and Framework Act 1998, except in relation to the repeal of the provisions in Schedule 26.
5
The following provisions of the 2005 Act shall come into force in relation to England and Wales on 1st September 2005 —
section 61 to the extent that it relates to the paragraphs of Schedule 9 specified below;
section 103;
section 104;
section 117 to the extent that it relates to the paragraphs of Schedule 18 specified below;
section 123 to the extent that it relates to the provisions of Schedule 19 specified below;
in Schedule 9, paragraphs 1 to 5, 23 and 26;
in Schedule 18, paragraphs 2 to 4;
in Schedule 19, Part 1, the repeal of the entries relating to —
the Parliamentary Commissioner Act 1967; and
the Protection of Children Act 1999;
in Schedule 19, Part 4, the repeal of —
section 14(2) of, and paragraph 5 of Schedule 8 to, the Special Educational Needs and Disability Act 2001, and
paragraph 39(5) of Schedule 21 to the Education Act 2002.
6
The following provisions of the 2005 Act shall come into force in relation to England only on 3rd October 2005 —
section 53 to the extent that it relates to the paragraphs of Schedule 7 specified below;
section 59;
section 106;
section 123 to the extent that it relates to the provisions of Schedule 19 specified below;
in Schedule 7 —
paragraphs 6 to 8;
paragraph 10(1) to (5);
paragraph 10(6), except to the extent that it inserts sub-paragraph (5)(b) in paragraph 2 of Schedule 26 to the School Standards and Framework Act 1998;
paragraph 11;
paragraph 12, except to the extent that it substitutes paragraph 6B in Schedule 26 to the School Standards and Framework Act 1998;
paragraphs 13 to 19;
paragraph 20, except to the extent that it substitutes paragraph 13B in Schedule 26 to the School Standards and Framework Act 1998;
paragraph 21, except to the extent that it substitutes paragraph 14(2) in Schedule 26 to the School Standards and Framework Act 1998;
paragraphs 22 and 23;
paragraph 24(1);
paragraph 24(2), except to the extent that it substitutes sub-paragraphs (1)(b) and (c) in paragraph 18 of Schedule 26 to the School Standards and Framework Act 1998;
paragraph 24(3), except to the extent that it substitutes sub-paragraph (4)(b) in paragraph 18 of Schedule 26 to the School Standards and Framework Act 1998; and
in Schedule 19, Part 1, the repeal of the remaining provisions of the School Standards and Framework Act 1998.
7
The following provisions of the 2005 Act shall come into force in relation to England and Wales on 3rd October 2005 —
section 53 to the extent that it relates to the paragraphs of Schedule 7 specified below; and
in Schedule 7, paragraphs 1 to 4, insofar as they are not already in force.
8
The following provisions of the 2005 Act shall come into force in relation to England only on 1st November 2005 —
section 101 to the extent that it relates to the paragraphs of Schedule 16 specified below;
section 117 to the extent that it relates to the paragraphs of Schedule 18 specified below;
section 123 to the extent that it relates to the provisions of Schedule 19 specified below;
in Schedule 16, paragraphs 1 to 3, paragraph 4 to the extent that it inserts section 45AA in the School Standards and Framework Act 1998 and paragraphs 5 to 7;
in Schedule 18, paragraphs 5, 7 to 12 and 14;
in Schedule 19, Part 4, the repeal of —
subsections (5) and (6) of section 45A of the School Standards and Framework Act 1998;
sections 41(2) and 42 of and paragraph 124(3) of Schedule 21 to the Education Act 2002; and
paragraph 66 of Schedule 7 to the Local Government Act 2003.
9
The following provisions of the 2005 Act shall come into force in relation to England and Wales on 1st November 2005 —
section 101 to the extent that it relates to the paragraph of Schedule 16 specified below; and
in Schedule 16, paragraph 8.
10
The Schedule to this Order applies only in relation to England and shall have effect for the purposes of making transitional provision and savings in relation to the provisions to which it refers.


text:
1
This Order may be cited as the Family Procedure (Modification of Enactments) Order 2005 and shall come into force on 30th December 2005.
2
In section 97(1)(a) and (2) of the Magistrates' Courts Act 1980 (summons to witness) after “hearing of a complaint” insert “or of an application under the Adoption and Children Act 2002 (c. 38) ”.
Signed by authority of the Lord Chancellor
Catherine M. Ashton
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
22nd November 2005


text:
Citation and commencement
1
This Order may be cited as the General Optical Council (Committee Constitution Rules) Order of Council 2005 and shall come into force on 30th June 2005.
Revocations
2
The following Orders (which become spent upon the revocations provided for in rule 34 of the Rules scheduled to this Order) are hereby revoked–
a
the General Optical Council (Investigating Committee Rules) Order of Council 1960 ;
b
the General Optical Council (Companies Committee Rules) Order of Council 1994 ; and
c
the General Optical Council (Education Committee Rules) Order of Council 1999 .
A K Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Registered Pension Schemes (Prescribed Interest Rates for Authorised Employer Loans) Regulations 2005 and shall come into force on 6th April 2006.
Interpretation
2
1
In these Regulations —
“the operative date” means the sixth working day of each month;
“the reference date” is the twelfth working day preceding the operative date in the following month;
“working day” means a day which is not a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882 .
2
In these Regulations the relevant interest rate found on a reference date is the percentage rate per annum found by the following steps.
Step 1
Find the average of the base lending rates of —
the Bank of Scotland;
Barclays Bank plc;
HSBC Bank plc;
Lloyds TSB Bank plc;
National Westminster Bank plc; and
the Royal Bank of Scotland plc.
Step 2
If the amount found by step 1 is a multiple of ¼%, that is the relevant interest rate.
If the amount found by step 1 is not such a multiple, round the amount up to the nearest amount which is such a multiple.
Prescribed rate of interest for the purposes of section 179 of the Finance Act 2004
3
1
For the purposes of section 179 of the Finance Act 2004 (authorised employer loans) the prescribed rate of interest is found in accordance with paragraph (2).
2
The prescribed rate applicable for the period beginning on one operative date and ending on the day preceding the next operative date is the percentage rate found by the formula —
RIR + 1 .
Here RIR is the relevant interest rate found on the reference date immediately preceding the operative date at the start of the period.
D. A. Hartnett
M. J. Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
14th December 2005


text:
Citation, commencement and extent
1
1
This Order may be cited as the Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) Order 2005 and shall come into force on 4th April 2005.
2
This Order extends to England and Wales and Northern Ireland only.
Interpretation
2
In this Order —
“ the Act ” means the Gender Recognition Act 2004; and
“the subject”, in relation to any protected information, means the person to whom the information relates.
Disclosure for purpose of obtaining legal advice
3
It is not an offence under section 22 of the Act to disclose protected information for the purpose of obtaining legal advice.
Disclosure for religious purposes
4
1
It is not an offence under section 22 of the Act for a person who acquired protected information in an official capacity in relation to an organised religion to disclose information to any other person acting in such a capacity if the conditions set out in paragraphs (2) and (where applicable) (3) are met.
2
The first condition is that the disclosure is made for the purpose of enabling any person to make a decision —
a
whether to officiate at or permit the marriage of the subject;
b
whether the marriage of the subject is valid or should be annulled or dissolved;
c
whether to admit or appoint the subject —
i
as a minister of religion,
ii
to any employment, office or post for purposes of an organised religion,
iii
to any religious order or community associated with an organised religion, or
iv
to membership (or any category of membership) of an organised religion;
d
whether any admission or appointment mentioned in sub-paragraph (c) is valid or should be suspended, terminated or revoked; or
e
whether the subject is eligible to receive or take part in any religious sacrament, ordinance or rite, or take part in any act of worship or prayer, according to the practices of an organised religion.
3
The second condition is that, if the disclosure is made for the purpose of enabling any person to make a decision of the kind mentioned in paragraph (2)(c), (d) or (e), the person making the disclosure reasonably considers that the person to whom the disclosure is made may need the information in order to make a decision which complies with the doctrines of the religion in question or avoids conflicting with the strongly held religious convictions of a significant number of the religion’s followers.
4
It is not an offence under section 22 of the Act for a person who acquired protected information in an official capacity in relation to an organised religion to disclose protected information to any person responsible for supervising him in relation to a decision of the kind mentioned in paragraph (2).
Disclosure for medical purposes
5
1
It is not an offence under section 22 of the Act to disclose protected information if —
a
the disclosure is made to a health professional;
b
the disclosure is made for medical purposes; and
c
the person making the disclosure reasonably believes that the subject has given consent to the disclosure or cannot give such consent.
2
“Medical purposes” includes the purposes of preventative medicine, medical diagnosis and the provision of care and treatment.
3
“Health professional” means any of the following —
a
a registered medical practitioner;
b
a registered dentist within the meaning of section 53(1) of the Dentists Act 1984 ;
c
a registered pharmaceutical chemist within the meaning of section 24(1) of the Pharmacy Act 1954 or a registered person within the meaning of article 2(2) of the Pharmacy (Northern Ireland) Order 1976 ;
d
a registered nurse;
e
a person who is registered under the Health Professions Order 2001 as a paramedic or operating department practitioner;
f
a person working lawfully in a trainee capacity in any of the professions specified in this paragraph.
Credit reference agencies
6
1
It is not an offence under section 22 of the Act to disclose protected information if —
a
the disclosure is made by or on behalf of a credit reference agency;
b
the information consists of information contained in an order of a court or tribunal; and
c
if the credit reference agency has been informed that a full gender recognition certificate has been issued to the subject, the disclosure also contains that information.
2
It is not an offence under section 22 of the Act, when making a disclosure under paragraph (1), also to disclose protected information obtained from an electoral register.
3
“Credit reference agency” has the meaning given in section 145(8) of the Consumer Credit Act 1974 .
Insolvency
7
1
It is not an offence under section 22 of the Act to disclose protected information if —
a
the disclosure is made by or to a relevant officeholder;
b
the disclosure is necessary for the relevant officeholder to perform functions under the Bankruptcy (Scotland) Act 1985 , the Insolvency Act 1986 , the Company Directors Disqualification Act 1986 , the Insolvency (Northern Ireland) Order 1989 or the Company Directors Disqualification (Northern Ireland) Order 2002 ; and
c
if the person making the disclosure knows or believes that a full gender recognition certificate has been issued to the subject, the disclosure also contains that information.
2
“Relevant officeholder” means —
a
a person acting as an insolvency practitioner within the meaning given by section 388 of the Insolvency Act 1986 or article 3 of the Insolvency (Northern Ireland) Order 1989;
b
the official receiver within the meaning given by section 399(1) of the Insolvency Act 1986 or article 2 of the Insolvency (Northern Ireland) Order 1989, in whatever capacity he is acting; or
c
the Accountant in Bankruptcy within the meaning of the Bankruptcy (Scotland) Act 1985.
Signed by authority of the Secretary of State
Cathy Ashton
Parliamentary Under-Secretary of State
Department for Constitutional Affairs
9th March 2005


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Section 318C Income Tax (Earnings and Pensions) Act 2003 (Amendment) Regulations 2005 and shall come into force on 6th April 2005.
2
Regulation 3(a) has effect from 1st January 2006.
Amendment of section 318C of the Income Tax (Earnings and Pensions) Act 2003
2
Section 318C of the Income Tax (Earnings and Pensions) Act 2003 is amended as follows.
3
In subsection (2) —
a
omit paragraph (e);
b
before paragraph (f) insert —
ea
by a child care provider approved in accordance with the Tax Credits (Approval of Child Care Providers) Scheme 2005 , or
.
4
In subsection (3) at the end add —
or
e
by a domiciliary care worker under the Domiciliary Care Agencies (Wales) Regulations 2004 ,
.
5
In subsection (7) at the end add —
, or
c
in the case of care falling within subsection (2)(ea), if —
i
it is provided wholly or mainly in the home of a relative of the child, and
ii
the provider usually provides care there solely in respect of one or more children to whom the provider is a relative.
.
6
After subsection (8) insert —
9
In subsection (7)(c), “relative in relation to a child, also includes —
a
a local authority foster parent in relation to the child,
b
a foster parent with whom the child has been placed by a voluntary organisation,
c
a person who fosters the child privately (within the meaning of section 66 of the Children Act 1989 , or
d
a step-parent of the child.
.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 2005


text:
Citation
1
This Order may be cited as the St Mary’s & St John’s C of E Primary School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The St Mary’s & St John’s C of E Primary School, Prothero Gardens, Hendon, London, NW4 3SL , 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 Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
5th July 2005


text:
Citation and commencement
1
These Regulations may be cited as the Registered Pension Schemes (Relief at Source) Regulations 2005 and shall come into force on 6th April 2006.
Interpretation
2
1
In these Regulations “section”, without more, means a section of the Finance Act 2004.
2
In these Regulations, unless the context otherwise requires —
“the basic amount” has the meaning given by section 190(4);
“electronic signature” has the meaning given by section 7(2) of the Electronic Communications Act 2000 ;
“ ITEPA 2003 ” means the Income Tax (Earnings and Pensions) Act 2003 ;
“ ITTOIA 2005 ” means the Income Tax (Trading and Other Income) Act 2005 ;
“net contribution” means a contribution from which income tax at the basic rate is deductible in accordance with section 192;
“person with parental responsibility” means a person —
in England and Wales, who has such responsibility within section 3 of the Children Act 1989 ;
in Scotland means a person who has parental responsibilities as defined by section 1(3) of the Children (Scotland) Act 1995 ; and
in Northern Ireland, who has such responsibility within the meaning of Article 6 of the Children (Northern Ireland) Order 1995 ;
“pension scheme” and “registered pension scheme” have the meanings given by section 150;
“relevant individual” means the person in respect of whom contributions are payable to a pension scheme;
“scheme administrator” has the meaning given by section 270;
“tax month” means a period beginning on the 6 th day of any month and ending with the 5 th day of the following month;
“ TMA 1970 ” means the Taxes Management Act 1970 ;
“year of assessment” means a year beginning with 6 th April in any year and ending with 5 th April in the following year.
Prescribed conditions
3
1
Regulations 4, 5 and 6 specify the conditions subject to which relief under section 191 (methods of giving relief for pension contributions) shall be given in accordance with section 192(1) and (2) (relief at source).
2
The particulars specified in regulation 4(2) and the declarations required by regulations 5(2) and 6(2) must be given to the scheme administrator by the relevant individual.This paragraph is subject to the qualifications in paragraph (3) and regulation 7.
3
In a case where —
a
membership of a registered pension scheme is connected with a particular employment, and
b
an individual in such employment automatically becomes a member of a registered pension scheme, subject to the right of the individual to opt out of membership of the scheme,
the employer (rather than the relevant individual) may give the scheme administrator the particulars specified in regulation 4(2), and make the declarations required by regulation 5(2) and 6.
Information to be given to the scheme administrator
4
1
The scheme administrator must be given —
a
the particulars specified in paragraph (2), and
b
the declarations required by regulations 5(2) and 6(2),
before the time specified in paragraph (5).
2
The particulars are —
a
the relevant individual’s full name and permanent residential address including, where the address is in the United Kingdom, the postcode.
b
the relevant individual’s date of birth;
c
unless the relevant individual is —
i
aged under 16, or
ii
a citizen of a country outside the United Kingdom who is not resident in the United Kingdom,
the relevant individual’s National Insurance number, or a statement that he does not have one;
d
except where the scheme is an occupational pension scheme within the meaning of section 150(5), the category of status specified in paragraph (3) applicable in the relevant individual’s case or, if more than one category is applicable, the category which is that individual’s principal source of income.
3
The categories of status specified for the purposes of paragraph (2)(d) are —
a
employed, if the relevant individual is chargeable to tax under Chapter 2 of Part 2 of ITEPA 2003 for the year of assessment concerned in respect of employment income as defined in section 7 of that Act;
b
pensioner, where the relevant individual is chargeable to tax under Part 9 of that Act for the year of assessment concerned in respect of a pension;
c
self-employed, in the case of an individual chargeable to tax under Chapter 2 of Part 2 of ITTOIA 2005 for the year of assessment concerned in respect of annual profits or gains arising or accruing from any trade, profession or vocation carried on by the individual;
d
child, where the individual is under the age of 16;
e
other, in the case of a relevant individual not falling within any of sub-paragraphs (a) to (d).
4
In the case of a relevant individual whose status falls within paragraph (3)(e), the particulars given must specify which of the following descriptors is applicable or, if more than one, the most applicable, namely —
a
caring for one or more children aged under 16;
b
caring for a person aged 16 or over;
c
in full time education;
d
unemployed; or
e
other.
5
The time specified in relation to the particulars in paragraph (2)(a) to (d) is when the individual first pays a net contribution.
Declaration that relevant individual entitled to relief
5
1
Before a relevant individual pays a net contribution for the first time, the scheme administrator must be given the declaration specified in paragraph (2).
2
The declaration is one that the total contributions to any registered pension schemes in respect of which he is entitled to relief under section 188 will not exceed the higher of —
a
the basic amount, or
b
the relevant individual’s relevant UK earnings, within the meaning of section 189 for that tax year.
Declaration about accuracy of information
6
1
Whenever particulars are given in accordance with regulation 4 they must be accompanied by the declaration specified in paragraph (2).
2
The declaration is one to the effect that —
a
in relation to —
i
the particulars specified in regulation 4(2), they are, to the best of the maker’s knowledge and belief, correct and complete;
ii
the declaration specified in regulation 5(2), it is, to the best of the maker’s knowledge and belief, correct;
b
no later than the date specified in paragraph (3), the maker will give notice to the scheme administrator if an event occurs, as a result of which the relevant individual will no longer be entitled to relief for his contributions pursuant to section 188.
3
The date is the later of —
a
5 th April in the year of assessment in which the event referred to in sub-paragraph (2)(b) occurs; and
b
the date which is 30 days after the occurrence of that event.
4
If a declaration given under this regulation or regulation 5 is in writing, it shall be signed by, or on behalf of, the maker.
Persons under incapacity and disabled persons
7
1
Where the obligations imposed by regulations 4 to 6 would fall to be discharged by a person who is —
a
a child under the age of 16,
b
a person incapable, by reason of mental disorder, of managing and administering his property and affairs, or
c
a person suffering from a physical disability, by reason of which he has difficulty executing documents in respect of the management and administration of his property and affairs,
the following provisions of this regulation apply.
2
In a case falling within paragraph (1)(a) those obligations shall be discharged by the child’s parent or guardian, or a person with parental responsibility for the child.
3
In a case falling within paragraph (1)(b) those obligations shall be discharged —
a
in England and Wales or Northern Ireland, by the person’s attorney or receiver, or the person managing and administering his property and affairs;
b
in Scotland, by the person’s guardian within the meaning of the Adults with Incapacity (Scotland) Act 2000 .
4
In a case falling within paragraph (1)(c) those obligations may be discharged by a person having a power of attorney in relation to the affairs of the person referred to in that sub-paragraph.
Electronic communications and documents
8
1
If particulars or declarations given under regulations 4 to 7 —
a
are not in writing, or
b
are given to the scheme administrator by someone other than the relevant individual,
the following provisions of this regulation apply.
2
In a case falling within paragraph (1) the scheme administrator shall —
a
make a declaration in writing on behalf of the relevant individual under regulations 4 to 6 that the particulars given or the terms of the declarations given are those recorded in the scheme administrator’s declaration, and
b
send a copy of the declaration to the relevant individual.
3
Unless the relevant individual notifies the scheme administrator, within 30 days after the date when the copy of the declaration referred to in paragraph (2) (“the original declaration”) was sent to him —
a
that he does not wish to become a member of the pension scheme, or
b
that the original declaration was incorrect,
the original declaration shall take effect as from the date on which the copy of it was sent to the relevant individual in accordance with that paragraph.
4
If the relevant individual notifies the scheme administrator that the original declaration should be corrected, the original declaration shall cease to have effect, and the scheme administrator shall make a new declaration and paragraphs (2) and (3) shall apply to the new declaration as they applied to the original declaration.
5
Particulars or declarations furnished under regulation 4, 5, 6 or 7 or this regulation shall be regarded as furnished in writing for the purposes of this regulation if, although not in writing, they are furnished by means of electronic communication and contain the electronic signature of the maker.
6
Declarations made by the scheme administrator under this regulation shall be regarded as made in writing if they are produced by electronic means.
7
The copy of a declaration to be sent in accordance with paragraph (2)(b) may be sent to the relevant individual by electronic communications.
8
In the case of a person to whom regulation 7 applies, references in this regulation to the relevant individual include any person authorised by that regulation to act on his behalf.
Claims: introductory
9
1
Amounts recoverable by a scheme administrator under section 192(3)(a) shall be recovered on a claim made to Her Majesty’s Revenue and Customs for the purpose of these Regulations.
2
A claim shall be for a year of assessment (an “annual claim”).
This is subject to the following qualification.
3
A claim may also be made in accordance with regulation 10 for a tax month (an “interim claim”).
Interim claims
10
1
An interim claim may be made by a scheme administrator within 6 months after the end of the tax month for which it is made.
This is subject to the following qualifications.
2
An interim claim may not be made for the tax month ending 5 th October or for any subsequent month until the annual claim for the preceding year of assessment and any information required by a notice under regulation 15(1) in respect of that year has been made by the scheme administrator and received by an officer of Revenue and Customs.
3
An interim claim may not be based on an estimate but may only be made to recover an amount deducted in respect of contributions paid in the tax month to which it relates.
4
If the amount claimed is established to the satisfaction of Her Majesty’s Revenue and Customs, they shall pay that amount to the claimant: if they are not so satisfied they shall pay to the claimant any lesser amount which is so established.
5
If a scheme administrator discovers that an amount paid by Her Majesty’s Revenue and Customs under paragraph (4) was excessive the scheme administrator shall bring into account in the interim claim next made after the discovery (“the subsequent claim”) the amount of the excess.
If that excess exceeds the amount deducted in respect of the tax month for which the subsequent claim is made —
a
the scheme administrator shall repay the amount of the excess to Her Majesty’s Revenue and Customs with the claim; and
b
if the scheme administrator fails so to do that amount shall immediately be recoverable by Her Majesty’s Revenue and Customs in the same manner as tax charged by an assessment on the scheme administrator which has become final and conclusive.
Annual claims
11
1
An annual claim may be made at any time within 6 years after the end of the year of assessment to which it relates.
This is subject to the following qualification.
2
In relation to any year of assessment in which a scheme administrator has received and not repaid in full any amount on an interim claim, the administrator shall within 6 months after the end of the year of assessment make an annual claim.
3
An annual claim —
a
may not be based on an estimate but may only be made to recover an amount deducted in respect of contributions paid in respect of the year of assessment to which it relates, and
b
must bring into account payments made in respect of that year.
For the purpose of this regulation “aggregate of the interim payments” means the aggregate of payments made (and not repaid) on interim claims.
4
Where the aggregate of the interim payments shown by an annual claim exceeds the amount deducted for the year of assessment —
a
the scheme administrator shall repay the amount of the excess to Her Majesty’s Revenue and Customs with the claim; and
b
if the administrator fails to do so, that amount shall immediately be recoverable by Her Majesty’s Revenue and Customs in the same manner as tax charged by an assessment on the scheme administrator which has become final and conclusive.
5
If a scheme administrator fails to make an annual claim under paragraph (2) within the time limited by that paragraph, an officer of Revenue and Customs may issue a notice to the scheme administrator showing the aggregate of the interim payments for the year, and stating that they are not satisfied that the amount due to the scheme administrator for the year of assessment exceeds the lower amount stated in the notice.
6
If an annual claim is not delivered to Her Majesty’s Revenue and Customs within 14 days after the issue of a notice under paragraph (5), the amount of the difference between the aggregate of the interim payments and the amount stated in the notice shall immediately be recoverable by Her Majesty’s Revenue and Customs in the same manner as tax charged by an assessment on the scheme administrator which has become final and conclusive.
7
If an annual claim has been made and the scheme administrator subsequently discovers that an error or mistake has been made in the claim the scheme administrator may make a supplementary claim within the time limited by paragraph (1).
Claims: supplementary provisions
12
1
Section 42 of TMA 1970 (procedure for making claims) shall not apply to a claim under these Regulations.
2
No appeal shall lie from the decision of an officer of Revenue and Customs on an interim claim.
3
An appeal shall lie to the Special Commissioners from the decision of an officer of Revenue and Customs on an annual claim, and the appeal shall be brought by giving written notice to the officer within 30 days of receipt of written notice of the decision.
4
No payment made or other thing done on or in relation to an interim claim shall prejudice the decision on an annual claim.
5
Part 5 of TMA 1970 (appeals and other proceedings) shall apply to an appeal under paragraph (3) and on an appeal the Special Commissioners may vary the decision appealed against whether or not the variation is to the advantage of the appellant.
6
All such assessments, payments and repayments shall be made as are necessary to give effect to the decision of an officer of Revenue and Customs on an annual claim, or to any variation of that decision on appeal.
7
Claims under these Regulations must —
a
contain such information and be in such form as the Commissioners for Her Majesty’s Revenue and Customs may prescribe (and forms prescribed for annual claims may require a report to be given by the scheme administrator’s auditor);
b
contain declarations to the effect that —
i
sufficient records in respect of the scheme are maintained so as to enable the requirements of these Regulations to be satisfied, and
ii
the information contained in the claim (including the declaration referred to in paragraph (i)) is correct; and
c
be signed by the scheme administrator or an individual in the service of the scheme administrator authorised by him .
Recovery on de-registration of schemes
13
1
When a scheme administrator gives information to an officer of Revenue and Customs in accordance with regulation 15(2) the amount (if any) referred to in regulation 15(2)(b) must be paid to Her Majesty’s Revenue and Customs.
2
If an amount payable by virtue of paragraph (1) is not paid as required, that amount shall immediately be recoverable by Her Majesty’s Revenue and Customs in the same manner as tax charged by an assessment on the scheme administrator which has become final and conclusive.
Recovery of amounts by assessment &c
14
1
Section 30 of TMA 1970 (recovery of overpayment of tax, etc. ) shall apply in relation to the payment by Her Majesty’s Revenue and Customs of an amount —
a
paid under these Regulations to which a scheme administrator was not entitled, or
b
recoverable from a scheme administrator under regulations 10(5), 11(4) or (6) or 13,
as if it had been income tax repaid to the scheme administrator to which he was not entitled.
2
An assessment made by virtue of this regulation shall be made by an officer of Revenue and Customs and, subject to the provisions of these Regulations, TMA 1970 shall apply as if the assessment were an assessment to tax for the year of assessment in respect of which the amount was paid or is recoverable.
3
For the purposes of section 86 TMA 1970 (interest on overdue income tax and capital gains tax) the relevant date shall be the later of —
a
1 st January in the year in which the amount was paid or is recoverable; or
b
the date of the making of the repayment by Her Majesty’s Revenue and Customs following receipt of the annual claim for that year.
4
Section 95 of TMA 1970 (incorrect return or accounts of income tax or capital gains tax) shall apply to an amount —
a
paid under these Regulations to a scheme administrator by reason of an incorrect claim made by him and
b
to which the scheme administrator was not entitled,
as if that amount were tax payable by him.
Information
15
1
An officer of Revenue and Customs may by notice in writing require any person who is, or who at any time has been —
a
a scheme administrator to whom net contributions have been paid, or
b
an individual or other person who has paid such contributions,
to give the officer, within such time (not being less than 14 days) as may be provided in the notice, such information and in such form as may be prescribed in the notice.
2
If an officer of Revenue and Customs by notice under section 157 withdraws the registration of a scheme under which net contributions have been paid, within 30 days the scheme administrator in relation to that scheme must give to that officer the following information —
a
the full name, address and national insurance number of each individual who has paid net contributions after the date specified in the notice in relation to the scheme (“the relevant contributions”); and
b
the amount of relief obtained under section 189 by means of the relevant contributions.
3
If the requirements of regulations 4 to 6 or 7(2) or (3) have not been met in relation to an individual who has paid net contributions, the scheme administrator to whom such contributions have been made shall give to an officer of Revenue and Customs the information prescribed in paragraph (2) within 30 days.
Inspection of records
16
1
Every scheme administrator to whom net contributions have been paid shall, whenever required so to do, make available for inspection by an officer of Revenue and Customs all books, documents and other records (including all particulars and declarations furnished under regulations 4 to 6 and 7(2) to 7(4)) in the scheme administrator’s possession or control relating to —
a
contributions paid to the scheme administrator,
b
the scheme under which those contributions were paid, and
c
the individual who paid the contributions.
2
Where records are maintained by computer, the scheme administrator shall provide the person making the inspection with all facilities necessary to obtain information from them.
3
All books, documents and records referred to in paragraph (1), shall be preserved by the scheme administrator so as to be available for inspection under this regulation for a period of six years following the end of the tax year to which they relate, or, where there is more than one such year, the later or latest of them.
This is subject to the following qualification.
4
All particulars and declarations furnished under regulations 4 to 8 shall be preserved for a period of six years following the end of the tax year in which the individual to whom they relate ceased to make net contributions.
Transitional provision
17
1
If information has been furnished to, or a declaration made to, the scheme administrator of a personal pension scheme in relation to an individual in accordance with any provision of the Personal Pension Schemes (Relief at Source) Regulations 1988 (“the 1988 Regulations ”), paragraph (2) applies.
2
If this paragraph applies, and the scheme administrator to whom information or a declaration under these Regulations would fall to be made —
a
is the same person as the scheme administrator to whom that information was furnished (whether in the form of particulars or a certificate), or that declaration was made, under the 1988 Regulations, or
b
is the successor, as the scheme administrator of the scheme to which the 1988 Regulations applied, of the person to whom that information was furnished or that declaration was made,
the information furnished under the 1988 Regulations, and the declaration under those Regulations, shall be treated as having been furnished or made under these Regulations.
D. A. Hartnett
M. J. Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
14th December 2005


text:
This Order may be cited as the General Optical Council (Fitness to Practise Rules) Order of Council 2005 and shall come into force on 30th June 2005.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and extent
1
1
This Order may be cited as the Regulatory Reform (Joint Nature Conservation Committee) Order 2005 and comes into force on 31 st March 2005.
2
This Order does not extend to Northern Ireland.
Amendments to the Environmental Protection Act 1990
2
This Order amends the Environmental Protection Act 1990 (“the 1990 Act ”).
Grants by the Secretary of State
3
In section 129(1) (grants by Secretary of State), after “the Councils”, insert “and to the joint committee”.
Amendments to Schedule 7
4
1
Schedule 7 (the Joint Nature Conservation Committee) is amended as follows.
2
In paragraphs 5 and 6 (remuneration and allowances for members) for all references to “the councils” substitute “the committee”.
3
In paragraph 7 (staff etc. and expenses) —
a
in sub-paragraph (1) the words “such staff” to “facilities, and” are omitted;
b
after sub-paragraph (1), insert —
1A
The committee may appoint such number of employees as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine.
1B
The committee shall pay to the employees appointed under sub-paragraph (1A) above such remuneration and allowances as the committee may, with the approval of the Secretary of State given with the consent of the Treasury, determine.
1C
The committee shall, in the case of such of their employees or former employees as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine —
a
pay such pensions, allowances or gratuities to or in respect of those employees,
b
make such payments towards provision of such pensions, allowances or gratuities, or
c
provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities,
as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine.
c
after sub-paragraph (3), insert —
4
With the consent of the Secretary of State, not given without the approval of the Treasury, and subject to any conditions he may impose, the councils may jointly, through the committee, form a company limited by guarantee the main objects of which fall within sub-paragraph (5).
5
The objects falling within this sub-paragraph are objects of —
a
providing administrative and corporate support services to the committee, including the employment of staff, for the purposes of the special functions (within the meaning of section 133 of this Act);
b
making charges and holding land or any interest in or right over land for those purposes; and
c
doing such other things as are incidental or conducive to the exercise of those functions.
6
The councils, acting jointly through the committee, shall ensure that, at all times, only members of the committee are members of any company formed under sub-paragraph (4).
7
The members of any company formed under sub-paragraph (4) shall ensure that no-one is appointed, or continues to serve, as a director of the company who is not a member of the committee, or an employee of the committee or of the company.
8
Sub-paragraphs (4) to (7) above are without prejudice to any power of the councils jointly through the committee to undertake anything mentioned in sub-paragraph (5) above by virtue of sections 132(2) and 133(2) of this Act.
9
Where a company is formed under sub-paragraph (4) the requirements as to the approval of the Secretary of State given with the consent of the Treasury shall apply in respect of appointment, payment and pension matters for employees and former employees of the company as they do in respect of employees and former employees of the committee under sub-paragraphs (1A), (1B) and (1C) above.
.
4
In paragraph 9 (delegation of functions), for sub-paragraph (1), substitute —
1
Anything authorised or required to be done by the committee may be done by any member of the committee, by a company formed under paragraph 7(4), by any council or by any employee of the committee, of such a company, or of a council who is authorised (generally or specially) for the purpose by the committee.
Continuity of employment
5
1
This article applies to any person who is an employee of one of the Councils , and “Councils” shall have the same meaning as in section 128(4) of the 1990 Act.
2
Where in consequence of this Order a person to whom this article applies ceases to be employed by such a Council and becomes an employee of the Joint Nature Conservation Committee or of a company formed under paragraph 7(4) of Schedule 7 to the 1990 Act, then, for the purposes of the Employment Rights Act 1996 , his period of employment with that Council shall count as a period of employment by the Joint Nature Conservation Committee or, as the case may be, by the company.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment Food and Rural Affairs
9th March 2005


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2005 and shall come into force on 1st April 2005.
2
In these Regulations:
“asylum claimant” means a person making a claim for asylum (within the meaning given in section 94(1) of the Immigration and Asylum Act 1999 ) which claim either has not been determined or has been granted; and
“dependant”, of a person, means —
the spouse or unmarried partner, or
a child under the age of eighteen,
of that person.
Prescribed forms
3
1
Subject to paragraph (2) below, the form set out in Schedule 1 is hereby prescribed for an application for limited or indefinite leave to remain in the United Kingdom:
a
as a business person,
b
as a sole representative,
c
as a retired person of independent means,
d
as an investor, or
e
as an innovator,
for the purposes of the immigration rules.
2
Paragraph (1) does not apply to an application for limited or indefinite leave to remain in the United Kingdom as a business person where the application is made under the terms of a European Community Association Agreement.
4
The form set out in Schedule 2 is hereby prescribed for an application for limited leave to remain in the United Kingdom:
a
for work permit employment,
b
as a highly skilled migrant,
c
as a seasonal agricultural worker,
d
for the purpose of employment under the Sectors-Based Scheme, or
e
for Home Office approved training or work experience,
for the purposes of the immigration rules.
5
The form set out in Schedule 3 is hereby prescribed for an application for limited leave to remain in the United Kingdom:
a
as the spouse of a person present and settled in the United Kingdom, or
b
as the unmarried partner of a person present and settled in the United Kingdom,
for the purposes of the immigration rules.
6
The form set out in Schedule 4 is hereby prescribed for an application for limited leave to remain in the United Kingdom:
a
as a student,
b
as a student nurse,
c
to re-sit an examination, or
d
to write up a thesis,
for the purposes of the immigration rules.
7
The form set out in Schedule 5 is hereby prescribed for an application for limited leave to remain in the United Kingdom as a participant in the Science and Engineering Graduates Scheme for the purposes of the immigration rules.
8
1
The form set out in Schedule 6 is hereby prescribed for an application for limited leave to remain in the United Kingdom:
a
as a visitor,
b
as a visitor seeking to undergo or continue private medical treatment,
c
as a postgraduate doctor or dentist or a trainee general practitioner,
d
as an au pair,
e
as a teacher or language assistant under an approved exchange scheme,
f
as a representative of an overseas newspaper, news agency or broadcasting organisation,
g
as a private servant in a diplomatic household,
h
as a domestic worker in a private household,
i
as an overseas government employee,
j
as a minister of religion, missionary or member of a religious order,
k
as a member of the operational ground staff of an overseas-owned airline,
l
as a person with United Kingdom ancestry,
m
as a writer, composer or artist,
n
as a member of the crew of a ship, aircraft, hovercraft, hydrofoil or international train service, or
o
as the spouse or child of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971,
for the purposes of the immigration rules.
2
Further to paragraph (1) and subject to paragraph (3) below, the form set out in Schedule 6 is hereby prescribed for an application for limited leave to remain in the United Kingdom for any other reason or purpose for which provision is made in the immigration rules but which is not covered by the forms prescribed in regulations 3 to 7 above.
3
Paragraph (2) does not apply to an application for limited leave to remain in the United Kingdom where:
a
the application is made under the terms of a European Community Association Agreement, or
b
the basis on which the application is made is that the applicant is an asylum claimant or a dependant of an asylum claimant.
9
The form set out in Schedule 7 is hereby prescribed for an application for indefinite leave to remain in the United Kingdom:
a
as the spouse of a person present and settled in the United Kingdom, or
b
as the unmarried partner of a person present and settled in the United Kingdom,
for the purposes of the immigration rules.
10
The form set out in Schedule 8 is hereby prescribed for an application for indefinite leave to remain in the United Kingdom:
a
as the child under the age of eighteen of a parent, parents or relative present and settled in the United Kingdom,
b
as the adopted child under the age of eighteen of a parent or parents present and settled in the United Kingdom, or
c
as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom,
for the purposes of the immigration rules.
11
1
The form set out in Schedule 9 is hereby prescribed for an application for indefinite leave to remain in the United Kingdom:
a
as a work permit holder,
b
as a highly skilled migrant,
c
as a representative of an overseas newspaper, news agency or broadcasting organisation,
d
as a private servant in a diplomatic household,
e
as a domestic worker in a private household,
f
as an overseas government employee,
g
as a minister of religion, missionary or member of a religious order,
h
as a member of the operational ground staff of an overseas-owned airline,
i
as a person with United Kingdom ancestry,
j
as a writer, composer or artist,
k
on the basis of long residence in the United Kingdom,
l
as a victim of domestic violence, or
m
as a foreign or Commonwealth citizen discharged from HM Forces,
for the purposes of the immigration rules.
2
Further to paragraph (1) and subject to paragraph (3) below, the form set out in Schedule 9 is hereby prescribed for an application for indefinite leave to remain in the United Kingdom for any other reason or purpose for which provision is made in the immigration rules but which is not covered by the forms prescribed in regulations 9 or 10 above.
3
Paragraph (2) does not apply to an application for indefinite leave to remain in the United Kingdom where:
a
the application is made under the terms of a European Community Association Agreement, or
b
the basis on which the application is made is that the applicant is an asylum claimant or a dependant of an asylum claimant.
12
An application for leave to remain in the United Kingdom which is made by a person (“the main applicant”) on a form prescribed in any of the regulations 3 to 11 above may include an application in respect of any person applying for leave to remain in the United Kingdom as a dependent of the main applicant, insofar as this is permitted by the immigration rules.
Prescribed procedures
13
1
The following procedures are hereby prescribed in relation to an application for which a form is prescribed in regulation 3 above:
a
the form shall be signed and dated by the applicant, save that where the applicant is under the age of eighteen, the form may be signed and dated by the parent or legal guardian of the applicant on behalf of the applicant;
b
the application shall be accompanied by such documents and photographs as specified in the form; and
c
the application shall be sent by prepaid post or by courier to the Immigration and Nationality Directorate of the Home Office. It may not be submitted in person at a Public Enquiry Office of the Immigration and Nationality Directorate of the Home Office.
2
The following procedures are hereby prescribed in relation to an application for which a form is prescribed in regulation 4 above:
a
the form shall be signed and dated by the applicant, save that where the applicant is under the age of eighteen, the form may be signed and dated by the parent or legal guardian of the applicant on behalf of the applicant;
b
the application shall be accompanied by such documents and photographs as specified in the form; and
c
the application shall be:
i
sent by prepaid post or by courier to Work Permits ( UK ) at the Immigration and Nationality Directorate of the Home Office, or
ii
submitted in person at the Croydon Public Enquiry Office (but no other public enquiry office) of the Immigration and Nationality Directorate of the Home Office;
save that an application for which a form is prescribed in regulation 4(b) above (application for limited leave to remain in the United Kingdom as a highly skilled migrant) shall be sent by prepaid post or by courier to Work Permits (UK) at the Immigration and Nationality Directorate of the Home Office and may not be submitted in person at a Public Enquiry Office.
3
The following procedures are hereby prescribed in relation to an application for which a form is prescribed in regulations 5 to 11 above:
a
the form shall be signed and dated by the applicant, save that where the applicant is under the age of eighteen, the form may be signed and dated by the parent or legal guardian of the applicant on behalf of the applicant;
b
the application shall be accompanied by such documents and photographs as specified in the form; and
c
the application shall be:
i
sent by prepaid post to the Immigration and Nationality Directorate of the Home Office, or
ii
submitted in person at a Public Enquiry Office of the Immigration and Nationality Directorate of the Home Office.
14
1
A failure to comply with any of the requirements of regulation 13(1)(a) or (b), 13(2)(a) or (b), or 13(3)(a) or (b) above to any extent will only invalidate an application if:
a
the applicant does not provide, when making the application, an explanation for the failure which the Secretary of State considers to be satisfactory,
b
the Secretary of State notifies the applicant, or the person who appears to the Secretary of State to represent the applicant, of the failure within 21 days of the date on which the application is made, and
c
the applicant does not comply with the requirements within a reasonable time, and in any event within 28 days, of being notified by the Secretary of State of the failure.
2
For the purposes of this regulation, the date on which the application is made is:
a
in the case of an application sent by post, the date of posting,
b
in the case of an application submitted in person, the date on which the application is delivered to, and accepted by, a Public Enquiry Office of the Immigration and Nationality Directorate of the Home Office, and
c
in the case of an application sent by courier, the date on which the application is delivered to Work Permits (UK) at the Immigration and Nationality Directorate of the Home Office.
Revocation
15
1
The Regulations referred to in paragraph (2) are hereby revoked.
2
Those Regulations are:
a
the Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2003 ;
b
the Immigration (Leave to Remain) (Prescribed Forms and Procedures) (Amendment) Regulations 2004 ; and
c
the Immigration (Leave to Remain) (Prescribed Forms and Procedures) (Amendment No. 2) Regulations 2004 .
Des Browne
Minister of State
Home Office
16th March 2005


text:
Citation
1
This Order may be cited as the Ruth Lunzer Lubavitch Jewish Girls Primary School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The Ruth Lunzer Lubavitch Jewish Girls Primary School, 107-115 Stamford Hill, London, N16 5RP , a voluntary aided school, is hereby designated as a school having a religious character.
2
The religion 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 Jewish.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
6th July 2005


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Home Energy Efficiency Scheme (England) Regulations 2005 and shall come into force on 1 st July 2005.
2
These Regulations apply to England only.
Interpretation
2
In these Regulations —
“the 1992 Act ” means the Social Security Contributions and Benefits Act 1992 ;
“the 2000 Regulations ” means the Home Energy Efficiency Scheme (England) Regulations 2000 ;
“energy advice” means advice on reducing or preventing the wastage of energy in a dwelling (whether in connection with space or water heating, lighting, the use of domestic appliances or otherwise);
“administering agency ” means, except in paragraph (2) of regulation 3, the scheme manager, person or body of persons for the time being appointed and responsible for the area in question under that regulation;
“works” means any of the works, materials or energy advice specified in regulation 5; and
“works application” means an application in which the applicant proposes that an administering agency will arrange for the carrying out of the works in respect of which a grant is sought.
Powers of the Secretary of State
3
1
The Secretary of State may impose such conditions on which grants may be made as she sees fit.
2
The Secretary of State shall appoint one or more persons or bodies of persons, each such person or body to be known as an administering agency, to perform in an area specified in the appointment (which may be the whole of England) such functions as she may determine in connection with the making of grants, and shall exercise this function so that an administering agency is in place for each area in England.
3
An appointment under paragraph (2) may be terminated by the Secretary of State.
Persons who may apply for a grant
4
1
A works application for a grant in respect of a dwelling may be entertained from a person who is the householder of the dwelling and occupies the dwelling as his only or main residence and who, at the time the works application is made —
a
is, or is living with a partner who is, in receipt of a benefit to which paragraph (2) applies, and who is, or is living with a partner who is, in receipt of child benefit (under section 141 of the 1992 Act) in relation to a child under sixteen years of age;
b
is, or is living with a partner who is, in receipt of a benefit to which paragraph (3) applies;
c
is, or is living with a partner who is, in receipt of a benefit to which paragraph (2) applies and has attained, or is living with a partner who has attained, the age of 60;
d
is, or is living with a partner who is, in receipt of a benefit to which paragraph (2) applies, and who is, or is living with a partner who is, a pregnant woman in respect of whom a maternity certificate given under regulation 2(3) of the Social Security (Medical Evidence) Regulations 1976 and regulation 2 of the Statutory Maternity Pay (Medical Evidence) Regulations 1987) has been given in relation to the pregnancy concerned; or
e
is in receipt of
i
child tax credit; or
ii
working tax credit including a disability element,
under the Tax Credits Act 2002 , and has a relevant income of less than £15,050; and for these purposes, “relevant income” has the same meaning as in section 7(3) of that Act.
2
This paragraph applies to —
a
income support, housing benefit and council tax benefit (referred to in Part VII of the 1992 Act);
b
state pension credit (referred to in the State Pension Credit Act 2002 ); and
c
an income-based jobseeker’s allowance (within the meaning of section 1(4) of the Jobseekers Act 1995 ).
3
This paragraph applies to —
a
an attendance allowance, that is to say —
i
an attendance allowance under section 64 of the 1992 Act ;
ii
an increase of an allowance which is payable in respect of constant attendance under a scheme under, or having effect under, paragraph 4 of Part I of Schedule 8 to the 1992 Act ;
iii
a payment made under article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 or any analogous payment; or
iv
any payment based on need for attendance which is paid with a war disablement pension; or
v
any payment intended to compensate for the non-payment of a payment, allowance or pension mentioned in any sub-paragraphs (i) to (iv);
b
a disability living allowance under section 71 of the 1992 Act ;
c
a war disablement pension within the meaning of the section 139(11) of the Social Security Administration Act 1992 or under article 10 of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 so far as that Order is made otherwise than under the Air Force Constitution Act 1917 , together with —
i
a mobility supplement under article 26A of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 (including such a supplement payable by virtue of the application of that article by any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983 (including that article as applied by article 48A of that Scheme), or a payment intended to compensate for the non-payment of such a supplement; or
ii
a payment under regulations made under paragraph 7(2)(b) of Schedule 8 to the 1992 Act (constant attendance allowance);
d
council tax benefit, housing benefit and income support (in each case where payment includes a disability premium as provided for in the Council Tax Benefit (General) Regulations 1992 , the Housing Benefit (General) Regulations 1987 and the Income Support (General) Regulations 1987 respectively) and industrial injuries disablement benefit under sections 103 to 105 of the 1992 Act (where it includes constant attendant allowance).
4
For the purposes of this regulation —
“householder” means a person who, alone or jointly with others, is a freeholder or a leaseholder with term of 21 years or more unexpired at the time of making the application for grant or a tenant, and
“tenant” includes a sub-tenant and a person who has —
a protected occupancy or statutory tenancy under the Rent (Agriculture) Act 1976 ;
a statutory tenancy under the Rent Act 1977 ;
a secure tenancy under Part IV of the Housing Act 1985 or an introductory tenancy under Chapter I of Part V of the Housing Act 1996 ;
a licence to occupy which meets the conditions in paragraph 12(a) and (b) Schedule 1 to the Housing Act 1985 (almshouse licences); or
an assured agricultural occupancy under Part I of the Housing Act 1988 .
5
For the purposes of this regulation, “partner” means —
a
on and before 4 th December 2005, the spouse or person with whom the applicant lives as husband or wife, or the person with whom the applicant lives in a same-sex relationship such that they would be regarded as living together as husband or wife if that person and the applicant were two adults of the opposite sex;
b
on and after 5 th December 2005, the spouse, civil partner or person with whom the applicant lives as husband or wife or as civil partner.
Purposes for which a grant may be approved
5
1
A works application for a grant may be approved for one or more of the following purposes —
a
to provide insulation in any accessible roof space in the dwelling, including the insulation of any cold-water tank and any water supply, overflow and expansion pipes in such a space;
b
to provide insulation between the internal and external leaves of cavity walls of the dwelling;
c
to provide draught proofing to or in the dwelling together with additional means of ventilation for any rooms which would otherwise be inadequately ventilated after such provision;
d
to provide insulation to any water heating system or to provide any part of such a system with insulation incorporated in it;
e
to provide gas room convector heaters with thermostat control;
f
to provide electric storage heaters;
g
to provide dual electric immersion water heaters with factory-insulated tank or electric or gas multipoint water heaters;
h
to provide timer controls for electric space and water heaters;
i
to improve the energy efficiency of, or replace any part of, or repair any space or water heating system installed in the dwelling;
j
to provide a mains gas or oil-fired central heating system (including systems which generate electricity) with no more than six radiators;
k
to convert open solid fuel room fires to closed solid fuel room fires;
l
to provide a central heating system connected to the local community-heating grid, with no more than six radiators;
m
to provide space or water heating systems which use energy from renewable sources including solar, wind and hydro-electric power and near renewable resources including ground and air heat.
2
Where a works application is approved for one or more of the purposes set out in paragraph (1), grant may also be approved for the provision of any of the following —
a
energy advice;
b
up to two energy efficient light bulbs.
3
For the purposes of this regulation, “roof space” means space between the roof of a dwelling and the ceiling of any room used or available for use for the purpose of living accommodation, that space not being wholly separated from the roof by any other room.
Grant maximum
6
An administering agency shall not pay a total amount of grant in respect of a works application exceeding the following amounts —
a
except where paragraph (b) applies, the amount properly charged for the works or £2,700, whichever is the less; or
b
where the work approved is to install oil fired central heating, the amount properly charged for the works or £4,000, whichever is the less.
Additional grants
7
1
An applicant may apply for an additional grant in respect of a dwelling for which grant has already been paid under either the 2000 Regulations or these Regulations, whether or not there has been a change of freeholder or leaseholder since grant was last paid, if the applicant meets the requirements of regulation 4 and, if applicable, satisfies the condition in paragraph (2) of this regulation.
2
The condition referred to in paragraph (1) is that if the works application for additional grant is in respect of any one or more of the purposes in sub-paragraphs (a), (b), (e), (f), (g), (j) or (l) of regulation 5(1), the applicant has not previously received grant for that or those purposes, either under the 2000 Regulations or these Regulations.
3
The amount of the additional grant shall be determined at the date of the works application for additional grant and calculated as the grant maximum determined under regulation 6 less the amount of grant already paid in respect of the dwelling (whether to the applicant or a previous freeholder or leaseholder) under either or both of the 2000 Regulations or these Regulations.
Grants received by instalments
8
1
An applicant may choose to have works provided, and thus for the grant to be made, over a period, not exceeding seven years, as may be agreed in writing with the administering agency.
2
In such a case the works may be provided, and the grant made, in instalments.
3
The total grant made shall not exceed the grant maximum calculated under regulation 6 at the date of the application for the grant.
Application for, and payment of, grant
9
1
A works application shall be made to the administering agency for the area in which the dwelling is situated.
2
A works application shall be in writing, signed either by the applicant or by a person specified or of a description specified by the administering agency and shall be in such form and contain such particulars, subject to paragraph (3), as are laid down by the administering agency.
3
The works application shall contain the following —
a
particulars of the dwelling in respect of which the grant is sought;
b
information about the applicant sufficient for the administering agency to check whether the applicant meets the criteria of eligibility set out in regulation 4;
c
a statement of the purposes for which the grant is sought;
d
a statement that reasonable access to the dwelling in respect of which the works application is made will be given to a representative of the administering agency to inspect the dwelling and carry out the works;
e
where the applicant wishes to receive grant over a period of time, a statement to that effect and the suggested period.
4
The Secretary of State shall pay the grant to the administering agency.
Revocation and transitional provisions
10
1
Subject to paragraph (2), the following Regulations are revoked —
a
the 2000 Regulations;
b
the Home Energy Efficiency Scheme (England) (Amendment) Regulations 2002 ;
c
the Home Energy Efficiency Scheme (England) (Amendment) Regulations 2003 ;
d
the Home Energy Efficiency Scheme (England) (Amendment) ( No. 2) Regulations 2003 ;
e
the Home Energy Efficiency Scheme (England) (Amendment) Regulations 2004 .
2
The 2000 Regulations shall, subject to paragraph (3), continue to apply to any case where an application for a grant was made to a scheme manager under those Regulations before 1 st July 2005.
3
Where a person has applied for a grant under the 2000 Regulations, but the application has not been approved or refused before these Regulations come into force, or, if the application has been approved but none of the works have been commenced, the administering agency shall, at the request of the applicant, treat the application as having been made under these Regulations.
Elliot Morley
Minister of State
Department for Environment, Food and Rural Affairs
1st June 2005
We consent,
Gillian Merron
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
6th June 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005.
2
Subject to paragraphs (3) to (6), these Regulations shall come into force on 3rd October 2005.
3
The following provisions shall come into force on 30th December 2005 —
a
regulation 2(8)(b) and (c) and (9);
b
regulation 3(8)(b) and (c) and (9);
c
regulation 4(5)(c) and (d) and (6);
d
regulation 5(5)(c) and (d) and (6).
4
Regulations 4(4) and 5(4) shall come into force on 1st April 2006.
5
The following provisions shall come into force on 6th April 2006 —
a
regulation 2(3)(a) to (d) and (5);
b
regulation 3(3)(a) to (e) and (5);
c
regulation 4(2) and (3);
d
regulation 5(2) and (3).
6
The following provisions shall come into force on the first day of the first benefit week commencing on or after 10th April 2006 —
a
regulation 2(2), (4), (6) and (7);
b
regulation 3(2), (4), (6) and (7).
7
In paragraph (6) the term “benefit week”, so far as it relates to regulation 2, has the same meaning as in regulation 2(1) of the Income Support Regulations and, so far as it relates to regulation 3, has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations .
8
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ;
“the State Pension Credit Regulations ” means the State Pension Credit Regulations 2002 .
Amendment of the Income Support Regulations
2
1
The Income Support Regulations are amended as follows.
2
In regulation 41(1) (capital treated as income) , omit “£8,000 or, in a case where regulation 45(aa) applies, £12,000 or, in a case where regulation 45(b) applies,”.
3
In regulation 42 (notional income) —
a
in paragraph (2)(g) , after “personal pension scheme” insert “, occupational pension scheme”;
b
for paragraph (2A) substitute —
2ZA
A claimant who has attained the age of 60 shall be treated as possessing —
a
the amount of any income from an occupational pension scheme, personal pension scheme or retirement annuity contract —
i
for which no claim has been made, and
ii
to which he might expect to be entitled if a claim for it were made;
b
income from an occupational pension scheme which the claimant elected to defer,
but only from the date on which it could be expected to be acquired were an application for it to be made.
2A
Where a person, aged not less than 60, is a person entitled to money purchase benefits under an occupational pension scheme or a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, and —
a
in the case of an occupational pension scheme or personal pension scheme, he fails to purchase an annuity with the funds available in that scheme where —
i
he defers, in whole or in part, the payment of any income which would have been payable to him by his pension fund holder,
ii
he fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid, or
iii
income withdrawal is not available to him under that scheme; or
b
in the case of a retirement annuity contract, he fails to purchase an annuity with the funds available under that contract,
the amount of any income foregone shall be treated as possessed by him, but only from the date on which it could be expected to be acquired were an application for it to be made.
;
c
in paragraph (2C) —
i
for “relevant personal pension scheme” substitute “relevant occupational or personal pension scheme”;
ii
for “under a personal pension scheme” substitute “under a scheme”;
d
after paragraph (2C) insert —
2CA
In paragraph (2A), “money purchase benefits” has the meaning it has in the Pension Schemes Act 1993 .
;
e
at the end of paragraph (4) , after “any payment in kind” insert “to the third party”.
4
For regulation 45 (capital limit) substitute —
Capital limit
45
For the purposes of section 134(1) of the Contributions and Benefits Act as it applies to income support (no entitlement to benefit if capital exceeds prescribed amount), the prescribed amount is £16,000.
.
5
In regulation 51 (notional capital), after paragraph (2)(d) insert —
da
an occupational pension scheme where the claimant is aged under 60; or
.
6
In regulation 53 (calculation of tariff income from capital) —
a
in paragraph (1) —
i
omit “(1ZA) or”,
ii
for “£3,000” (in both places) substitute “£6,000”, and
iii
for “£8,000” substitute “£16,000”;
b
omit paragraph (1ZA);
c
in paragraph (1B), omit “and regulation 45”;
d
in paragraphs (2) and (3), omit “, (1ZA)”.
7
In Schedule 3 (housing costs) , in paragraph 14(4)(a) and (c) for “£8,000” substitute “£16,000”.
8
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) —
a
after paragraph 21(3) add —
4
The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.
.
b
in paragraph 25(1)(a) , for “in accordance with regulations made pursuant to section 57A of the Adoption Act 1976 (permitted allowances) or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 or” substitute “pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordance”;
c
for paragraph 25(1A) substitute —
1A
Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.
.
9
In Schedule 10 (capital to be disregarded), for paragraph 68 substitute —
68
Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.
.
Amendment of the Jobseeker’s Allowance Regulations
3
1
The Jobseeker’s Allowance Regulations are amended as follows.
2
In regulation 104(1) (capital treated as income) , omit “£8,000 or, in a case where regulation 107(aa) applies, £12,000 or, in a case where regulation 107(b) applies,”.
3
In regulation 105 (notional income) —
a
in paragraph (2)(g), after “personal pension scheme” insert “or occupational pension scheme”;
b
before paragraph (3) insert —
2B
A claimant who has attained the age of 60 shall be treated as possessing —
a
the amount of any income from an occupational pension scheme or personal pension scheme —
i
for which no claim has been made, and
ii
to which he might expect to be entitled if a claim for it were made;
b
income from an occupational pension scheme which the claimant elected to defer,
but only from the date on which it could be expected to be acquired were an application for it to be made.
;
c
in paragraph (3) —
i
omit “, is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, and”;
ii
for sub-paragraph (a) substitute —
a
is a person entitled to money purchase benefits under an occupational pension scheme, or under a personal pension scheme other than one referred to in sub-paragraph (b), and fails to purchase an annuity with the funds available in that scheme where —
i
he defers, in whole or in part, the payment of any income which would have been payable to him by his pension fund holder,
ii
he fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid, or
iii
income withdrawal is not available to him under that scheme; or
;
iii
in sub-paragraph (b) —
aa
for “in the case of” substitute “is a party to, or a person deriving entitlement to a pension under,”;
bb
for “he” substitute “and”;
d
in paragraph (5), for “personal pension scheme been held under a personal pension scheme” substitute “occupational or personal pension scheme been held under a scheme”;
e
after paragraph (5) insert —
5A
In paragraph (3), “money purchase benefits” has the meaning it has in the Pension Schemes Act 1993.
;
f
at the end of paragraph (10) , after “any payment in kind” insert “to the third party”.
4
For regulation 107 (capital limit) substitute —
Capital limit
107
For the purposes of section 13(1) and (2A) (no entitlement to an income-based jobseeker’s allowance if capital exceeds a prescribed amount), the prescribed amount is £16,000.
.
5
In regulation 113 (notional capital), after paragraph (2)(d) insert —
da
an occupational pension scheme where the claimant is aged under 60; or
.
6
In regulation 116 (calculation of tariff income from capital) —
a
in paragraph (1) —
i
omit “(1ZA) or”,
ii
for “£3,000” (in both places) substitute “£6,000”, and
iii
for “£8,000” substitute “£16,000”;
b
omit paragraph (1ZA);
c
in paragraphs (2) and (3) omit “, (1ZA)”.
7
In Schedule 2 (housing costs), in paragraph 13(5)(a) and (c) for “£8,000” substitute “£16,000”.
8
In Schedule 7 (sums to be disregarded in the calculation of income other than earnings) —
a
after paragraph 22(3) add —
4
The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.
;
b
in paragraph 26(1)(a) , for “in accordance with regulations made pursuant to section 57A of the Adoption Act 1976 (permitted allowances) or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 or” substitute “pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordance”;
c
for paragraph 26(1A) substitute —
1A
Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.
.
9
In Schedule 8 (capital to be disregarded) , for paragraph 61 substitute —
61
Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.
.
Amendment of the Council Tax Benefit Regulations
4
1
The Council Tax Benefit Regulations are amended as follows .
2
In regulation 26(2)(c) (notional income), after “personal pension scheme” insert “, occupational pension scheme”.
3
In regulation 34(2)(d) (notional capital) , after “personal pension scheme” insert “, occupational pension scheme”.
4
For regulation 37(1) (calculation of tariff income from capital) substitute —
1
Where the claimant’s capital calculated in accordance with this Part exceeds £6,000, it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £16,000.
.
5
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) —
a
the existing provisions of paragraph 22 shall become sub-paragraph (1) of that paragraph;
b
after that sub-paragraph insert —
2
The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.
;
c
in paragraph 24(1)(a) , for “in accordance with regulations made pursuant to section 57A of the Adoption Act 1976 (permitted allowances) or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 or” substitute “pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordance”;
d
for paragraph 24(1A) substitute —
1A
Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.
.
6
In Schedule 5 (capital to be disregarded), for paragraph 70 substitute —
70
Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.
.
Amendment of the Housing Benefit Regulations
5
1
The Housing Benefit Regulations are amended as follows .
2
In regulation 35(2)(c) (notional income), after “personal pension scheme” insert “, occupational pension scheme”.
3
In regulation 43(2)(d) (notional capital) , after “personal pension scheme” insert “, occupational pension scheme”.
4
In regulation 45 (calculation of tariff income from capital) —
a
in paragraph (1) —
i
omit “(1ZA) or”, and
ii
for “£3,000” (in both places) substitute “£6,000”;
b
omit paragraph (1ZA);
c
in paragraphs (2) and (3) omit “, (1ZA)”.
5
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) —
a
the existing provisions of paragraph 21 shall become sub-paragraph (1) of that paragraph;
b
after that sub-paragraph insert —
2
The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.
;
c
in paragraph 23(1)(a) , for “in accordance with regulations made pursuant to section 57A of the Adoption Act 1976 (permitted allowances) or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 or” substitute “pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordance”;
d
for paragraph 23(1A) substitute —
1A
Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.
.
6
In Schedule 5 (capital to be disregarded), for paragraph 70 substitute —
70
Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.
.
Amendment of the State Pension Credit Regulations
6
1
The State Pension Credit Regulations are amended as follows.
2
In regulation 1(2) (interpretation), after the definition of “benefit week” insert —
“board and lodging accommodation” means accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of —
the provision of that accommodation, and
at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises,
but not accommodation provided by a close relative of his or of his partner, or other than on a commercial basis;.
.
3
In regulation 15(5)(e) (income for the purposes of the Act), omit “, and for this purpose “board and lodging accommodation” has the same meaning as in paragraph 8(2) of Schedule IV”.
4
In regulation 17B(2)(za) (earnings of self-employed earners), for “paragraph 8(2) of Schedule IV” substitute “regulation 1(2)”.
5
In paragraph 8 of Schedule IV (amounts to be disregarded in the calculation of income other than earnings), omit sub-paragraph (2).
Signed by authority of the Secretary of State for Work and Pensions.
Philip Hunt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
5th September 2005