type: legislation

jurisdiction: UK

text:
1
This Order maybe cited as the A66 Trunk Road (Long Newton Grade Separated Junction Slip Roads) Order 2005 and shall come into force on 17th February 2005.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the plan” means the plan numbered HA10/MP/065 marked “The A66 Trunk Road (Long Newton Grade Separated Junction Slip Roads) Order 200 ”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
ii
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 1 to this Order and which connect the trunk road with other highways at the places stated in that Schedule; and
iii
“the trunk road” means the A66 Trunk Road;
iv
“Eastern Layby” means the section of highway lying on the north side of the eastbound carriageway of the trunk road and meeting the trunk road at a point 850 metres west of the access to Farfields Farm, and at a point 235 metres west of the access to Farfields Farm.
3
From the date when this Order comes into force —
a
the slip roads, and
b
the length of highway described in Schedule 2 to this Order
shall become trunk roads.
4
The centre line of each of the slip roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new slip roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
6
The A66 Trunk Road (Long Newton Grade Separated Junction Slip Roads) Order 1996 is hereby revoked.
Signed by authority of the Secretary of State for Transport
Derek Drysdale
A Divisional Director Highways Agency
2nd February 2005


text:
PART 1
INTRODUCTORY
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Indexation and Disclosure of Information) (Miscellaneous Amendments) Regulations 2005.
2
These Regulations shall come into force on 6th April 2005.
3
In these Regulations —
“the Disclosure of Information Regulations” means the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 ;
“the Indexation Regulations” means the Occupational Pension Schemes (Indexation) Regulations 1996 ; and
“the Protected Rights Regulations” means the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 .
PART 2
AMENDMENTS RELATING TO INDEXATION
Modification of section 51 of Pensions Act 1995
Removal of indexation: money purchase benefits provided under a hybrid scheme
2
1
This regulation applies to any pension under a hybrid scheme which becomes a pension in payment on or after 6th April 2005.
2
No increase under section 51 of the Pensions Act 1995 (annual increase in rate of pension) is required to be made of so much of any pension within paragraph (1) as is money purchase benefit.
3
In this regulation —
“hybrid scheme” means an occupational pension scheme —
which is not a money purchase scheme, but
where some of the benefits that may be provided are money purchase benefits;
“money purchase benefits” and “money purchase scheme” have the meaning given by section 181(1) of the Pension Schemes Act 1993.
Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996
Meaning of “specified pension or annuity”
3
In regulation 1(2) of the Protected Rights Regulations (interpretation) —
a
omit the word “and” at the end of the definition of “scheme”; and
b
after the definition of “section 9(2B) rights” insert —
and
“specified pension or annuity” means any pension or annuity which became a pension or annuity in payment before 6th April 2005.
.
Indexation requirement limited to specified pensions or annuities
4
1
Regulation 4 of the Protected Rights Regulations (conditions applying to pensions and annuities which give effect to protected rights) is amended as follows.
2
In paragraph (1)(b), for paragraph (i) substitute —
i
is necessary to establish what the initial rate and the method of payment of the pension or annuity are to be;
ia
ia)is necessary to establish that, throughout the lifetime of the member, the pension or annuity shall continue to be paid at a rate which is at least equal to (but may be more than) the initial rate and which, in the case of a specified pension or annuity falling within paragraph (3) or (6) or within section 51 or 162 of the Pensions Act 1995, is the rate determined in accordance with that paragraph or section;
.
3
In paragraph (3), after the words “In the case of” insert “a specified pension or annuity which gives effect to”.
4
In paragraph (6), after the words “In the case of” insert “a specified pension or annuity which gives effect to”.
Removal of indexation: interim arrangements
5
For paragraphs (2) and (3) of regulation 7 of the Protected Rights Regulations (payments made under interim arrangements) substitute —
2
For the purposes of section 28A(5)(a) of the 1993 Act (calculating the annual amount of annuity which would have been purchasable by a person), the prescribed manner is by reference to the current published tables prepared by the Government Actuary in accordance with paragraph (3).
3
For the purposes of section 28A(5)(a)(ii) of the 1993 Act (preparation of current published tables of rates of annuities), the prescribed manner is on the same basis as that on which the Government Actuary prepares tables of rates of annuities for the purposes of Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 (personal pension schemes).
.
Removal of indexation: death of member before payment
6
1
Regulation 12 of the Protected Rights Regulations (death of member before effect given to his protected rights) is amended as follows.
2
In paragraph (4)(b), for paragraph (i) substitute —
i
is necessary to establish what the initial rate and the method of payment of the pension or annuity are to be,
ia
ia)is necessary to establish that, throughout the period described in paragraph (5), the pension or annuity shall continue to be paid to the widow or widower at a rate which is at least equal to (but may be more than) the initial rate and which, in the case of a specified pension or annuity falling within paragraph (6) or (8) or within section 51 or 162 of the Pensions Act 1995, is the rate determined in accordance with that paragraph or section,
.
3
In paragraph (6), after the words “In the case of” insert “a specified pension or annuity which gives effect to”.
Occupational Pension Schemes (Indexation) Regulations 1996
Interpretation
7
1
Regulation 1 of the Indexation Regulations (interpretation) is amended as follows.
2
In paragraph (2), after the definition of “pension scheme” insert —
“section 9(2B) rights” means —
rights to the payment of pensions and accrued rights to pensions (other than rights attributable to voluntary contributions) under a pension scheme contracted-out by virtue of section 9(2B) of the Pension Schemes Act 1993, so far as attributable to an earner’s service in contracted-out employment on or after the principal appointed day (including service of an earner who is not in employment at the time of the transfer or transfer payment);
where a transfer payment has been made to such a scheme, any rights arising under the scheme as a consequence of that payment which are derived directly or indirectly from —
such rights as are referred to in sub-paragraph (a) under another pension scheme contracted-out by virtue of section 9(2B) of that Act; or
protected rights under another occupational pension scheme or under a personal pension scheme attributable to payments or contributions in respect of employment on or after the principal appointed day.
.
3
After paragraph (2) add —
3
For the purposes of the definition of “section 9(2B) rights” in paragraph (2) of this regulation, references to the principal appointed day are to the day designated as the principal appointed day for the purposes of Part 3 of the Pensions Act 1995 (certification of pension schemes and effects on member’s state scheme rights and duties).
.
Indexation: treatment of transfers made before 6th April 2005 from pension schemes
8
1
Regulation 2 of the Indexation Regulations (indexation of occupational pensions derived from the acceptance of transfer payments from pension schemes) is amended as follows.
2
For the heading substitute “Indexation of occupational pensions derived from the acceptance of transfers from pension schemes: transfers made before 6th April 2005”.
3
In paragraph (1), for the words “Subject to paragraph (2)” substitute “Subject to the following provisions”.
4
After paragraph (2) add —
3
Paragraph (1) of this regulation shall not apply in any case where the transfer credit referred to in that paragraph is allowed by reference to a transfer which is made on or after 6th April 2005.
.
Indexation: treatment of transfers made on or after 6th April 2005 from pension schemes
9
After regulation 2 of the Indexation Regulations insert —
Indexation of occupational pensions derived from the acceptance of transfers from pension schemes: transfers made on or after 6th April 2005
2A
1
This regulation applies where —
a
a person’s accrued rights to a pension payable under an occupational pension scheme (“scheme A”) to which section 51 of the Act applies, or any part of them, derive from the allowance by the scheme of a transfer credit in respect of rights in any pension scheme (“scheme B”) of which that person has previously been a member; and
b
the transfer credit is allowed by reference to a transfer which is made on or after 6th April 2005.
2
Subsections (2) and (3) of section 51 of the Act shall apply to such part of the pension payable by scheme A as is attributable to any accrued rights deriving from the allowance of the transfer credit —
a
only to the extent that those accrued rights are —
i
section 9(2B) rights; or
ii
rights (other than section 9(2B) rights) which are allowed by reference to rights in scheme B that were subject to the indexation requirement at the time of the transfer; and
b
as if those accrued rights were attributable to pensionable service on or after the appointed day.
.
Indexation: treatment of payments made before 6th April 2005 from insurance policies or annuity contracts
10
1
Regulation 3 (indexation of occupational pensions derived from the acceptance of payments from insurance policies or annuity contracts) of the Indexation Regulations is amended as follows.
2
For the heading substitute “Indexation of occupational pensions derived from the acceptance of payments from insurance policies and annuity contracts: transfers made before 6th April 2005”.
3
Renumber the existing text as paragraph (1).
4
In paragraph (1), at the beginning insert the words “Subject to paragraph (2) of this regulation”.
5
After paragraph (1) add —
2
Paragraph (1) of this regulation shall not apply in any case where the payment from the policy of insurance or annuity contract referred to in that paragraph is made on or after 6th April 2005.
.
Indexation: treatment of payments made on or after 6th April 2005 from insurance policies or annuity contracts
11
After regulation 3 of the Indexation Regulations add —
Indexation of occupational pensions derived from the acceptance of payments from insurance policies and annuity contracts: transfers made on or after 6th April 2005
4
1
This regulation applies where —
a
a person’s accrued rights to a pension payable under an occupational pension scheme (“scheme A”) to which section 51 of the Act applies, or any part of them, derive from the acceptance by the scheme of a payment from a policy of insurance or annuity contract in respect of rights in any pension scheme of which that person has previously been a member; and
b
the payment was made on or after 6th April 2005.
2
Subsections (2) and (3) of section 51 of the Act shall apply to such part of the pension payable by scheme A as is attributable to any accrued rights deriving from the acceptance of the payment from the policy of insurance or annuity contract —
a
only to the extent that those accrued rights are —
i
section 9(2B) rights; or
ii
rights (other than section 9(2B) rights) which are allowed by reference to rights specified in paragraph (3) of this regulation; and
b
as if those accrued rights were attributable to pensionable service on or after the appointed day.
3
The rights specified in this paragraph are rights to payment under the policy of insurance or annuity contract which —
a
were subject to provision contained in (or endorsed on) the policy or contract requiring an increase in the annual rate of payment; and
b
in any case where the policy or contract was entered into before 6th April 2005, would have been subject to such provision if the policy or contract had been entered into on or after that date.
.
Occupational Pension Schemes (Discharge of Liability) Regulations 1997
Discharge of liability: guaranteed minimum pensions, short service benefits etc
12
1
Regulation 5 of the Occupational Pension Schemes (Discharge of Liability) Regulations 1997 (other requirements applying to policies of insurance and annuity contracts) is amended as follows.
2
Renumber the existing text as paragraph (1).
3
For paragraph (1)(b) substitute —
b
that the policy or contract contains, or is endorsed with, terms so as to provide for such increase (if any) in the payments under the policy or contract as is required by paragraph (2);
.
4
After paragraph (1) add —
2
For the purposes of paragraph (1)(b) —
a
an increase is required if sections 51 and 52 of the 1995 Act, and regulations made under those sections, would apply to payments under the policy or contract if those payments were benefits payable under an occupational pension scheme (and for this purpose, the provisions of the 1995 Act shall be construed in accordance with regulation 11(6)(a) to (d)); and
b
such an increase shall be payable at the same rate, and to the same extent, as would be required under those provisions.
.
Discharge of liability: pensions under a relevant scheme
13
1
Regulation 11 of the Occupational Pension Schemes (Discharge of Liability) Regulations 1997 (conditions on which liability to provide pensions under a relevant scheme may be discharged) is amended as follows.
2
In paragraph (3) —
a
for sub-paragraph (c) substitute —
c
payments to a beneficiary, or to his widow or widower, under the policy or contract which derive from a pension or accrued rights under the relevant scheme shall be subject to such increase (if any) as is required by paragraph (4A);
; and
b
in sub-paragraph (e) omit paragraph (i).
3
After paragraph (4) insert —
4A
For the purposes of paragraph (3)(c) —
a
an increase is required if sections 51 and 52 of the 1995 Act, and regulations made under those sections, would apply to payments under the policy or contract if those payments were benefits payable under an occupational pension scheme; and
b
such an increase shall be payable at the same rate, and to the same extent, as would be required under those provisions.
.
4
In paragraph (6), for the words “For the purposes of paragraph (3)(e)” substitute “For the purposes of paragraphs (3)(e) and (4A)”.
Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1997
Indexation: treatment of salary-related death benefits in certain schemes
14
1
Regulation 2 of the Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1997 (occupational pension schemes providing salary-related death benefits) is amended as follows.
2
Renumber the existing text as paragraph (1).
3
After that paragraph add —
2
But paragraph (1) does not apply in relation to the provision by an occupational pension scheme of a pension to which regulation 2 of the Personal and Occupational Pension Schemes (Indexation and Disclosure of Information) (Miscellaneous Amendments) Regulations 2005 applies (removal of indexation: money purchase benefits provided under a hybrid occupational pension scheme).
.
Pension Sharing (Pension Credit Benefit) Regulations 2000
Indexation: changes to maximum percentage
15
1
Regulation 32 of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (increase of relevant pension) is amended as follows.
2
In paragraph (1), for sub-paragraph (b) substitute —
b
the maximum percentage.
.
3
In paragraph (2), after the definition of “appropriate percentage” insert —
“maximum percentage” means —
5 per cent. in a case where —
the pension is in payment before 6th April 2005; or
the pension is not in payment before 6th April 2005 but the entitlement to the relevant pension credit arose before that day; and
2.5 per cent. in a case where the entitlement to the relevant pension credit arises on or after 6th April 2005;
“relevant pension credit” means the pension credit to which eligible pension credit rights are (directly or indirectly) attributable;
.
Eligible pension credit rights
16
For regulation 35 of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (definition of eligible pension credit rights) substitute —
Definition of eligible pension credit rights
35
1
For the purposes of section 40(3) of the 1999 Act, pension credit rights are eligible if they fall within paragraph (2) and are not excluded by paragraph (3).
2
Pension credit rights are within this paragraph if —
a
they are derived from rights attributable to pensionable service on or after 6th April 1997 of the member whose pension rights were the subject of a pension sharing order or provision; or
b
they are safeguarded rights.
3
Excluded pension credit rights are —
a
rights to pensions which are money purchase benefits and which become pensions in payment on or after 6th April 2005; or
b
rights derived from additional voluntary contributions.
.
PART 3
AMENDMENTS RELATING TO DISCLOSURE OF INFORMATION
Occupational Pension Schemes (Disclosure of Information) Regulations 1996
Increase in maximum level of civil penalties
17
For regulation 11 of the Disclosure of Information Regulations (penalties) substitute —
Civil penalties
11
Where any person fails, without reasonable excuse, to comply with any requirement imposed under these Regulations, the Regulatory Authority may require that person to pay within 28 days a penalty which shall —
a
in the case of an individual, not exceed £5,000, and
b
in any other case, not exceed £50,000.
.
Choice of annuities: members
18
For paragraph 7 of Schedule 2 to the Disclosure of Information Regulations (information as to options under scheme to be made available to members) substitute —
7
1
The options available to the member within the scheme rules.
2
Sub-paragraph (3) applies in relation to a member who, under an option within sub-paragraph (1), has an opportunity to select an annuity.
3
The information to be provided under sub-paragraph (1) must include —
a
a statement that the member may select the annuity (including, where the member has an opportunity to select the provider, a statement to that effect);
b
a statement that different annuities have different features and different rates of payment;
c
a statement that these include, by way of example —
i
annuities that provide payments that do not vary from year to year and annuities that provide payments that increase from year to year;
ii
annuities that cover a single life and annuities that make provision for a spouse or partner;
iii
annuities that may be with or without guarantee on the early death of the member;
d
general information explaining characteristic features of the types of annuities outlined in the examples in paragraph (c);
e
a statement that the member should consider taking advice as to which annuity is most suitable for him.
4
The provision of approved information shall be taken to satisfy the requirements of sub-paragraph (3)(d).
5
“Approved information” means information contained in guidance material published for the purposes of sub-paragraph (3)(d) which —
a
is prepared, and from time to time revised, by the Regulatory Authority; and
b
is for the time being approved by the Secretary of State.
.
Choice of annuities: benefit payable on death of member or beneficiary
19
For paragraph 11 of Schedule 2 to the Disclosure of Information Regulations (information as to rights, options and procedures on death of member or beneficiary) substitute —
11
1
The rights and options (if any) on the death of the member or beneficiary and the procedures for exercising them.
2
Paragraph 7(3) to (5) also applies in relation to a person who, under an option within sub-paragraph (1), has an opportunity to select an annuity (and, for that purpose, any reference in paragraph 7(3) to “the member” is to be read as a reference to the person with that opportunity).
.
Minor amendments
20
1
The Disclosure of Information Regulations are amended as follows.
2
In regulation 1(2), in the definition of “Regulatory Authority” for the words “the Occupational Pensions Regulatory Authority” substitute “the Pensions Regulator”.
3
In Schedule 1 delete paragraph 24.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
16th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Investigation of Military Air Accidents at Civil Aerodromes) Regulations 2005 and shall come into force on 1st November 2005.
Interpretation
2
1
“accident” means an occurrence associated with the operation of a military aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which:
a
a person suffers a fatal or serious injury as a result of:
i
being in or upon the aircraft,
ii
direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or
iii
direct exposure to jet blast, except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew, or
b
the aircraft sustains damage or structural failure which:
i
adversely affects the structural strength, performance or flight characteristics of the aircraft, and
ii
would normally require major repair or replacement of the affected component, except for engine failure or damage when the damage is limited to the engine, its cowlings or accessories; or for damage limited to propellers, wing tips, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin.
“aerodrome authority” means, in relation to any civil aerodrome, the person by whom the aerodrome is managed;
“accredited representative” means a person designated by a State on the basis of his qualifications, for the purpose of participating in an investigation conducted by another State;
“the Annex” means Annex 13 to the Chicago Convention as amended ;
“Chief Inspector” means the Chief Inspector of Air Accidents appointed under regulation 8 of the Civil Regulations ;
“civil aerodrome” means an aerodrome used wholly or mainly for the purposes of civil aviation;
“Civil Regulations” means the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996 ;
“commander” in relation to a military aircraft means the person who is for the time being in command of the aircraft;
“crew” includes every person employed or engaged in a military aircraft in flight on the business of the aircraft;
“the Directive” means Council Directive 94/56/ EC of 21st November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents ;
“fatal injury” means an injury which is sustained by a person in an accident and which results in his death within 30 days of the date of the accident;
“flight recorder” means any type of recorder installed in the aircraft for the purposes of facilitating accident investigation;
“Inspector” means a person appointed as an Inspector of Air Accidents under regulation 8 of the Civil Regulations;
“investigation” means a process conducted for the purposes of accident prevention which includes the gathering and analysis of information, the drawing of conclusions including the determination of the cause or causes and, when appropriate, the making of safety recommendations;
“investigating Inspector” means an Inspector carrying out an investigation pursuant to these Regulations;
“operator” in relation to an aircraft means any person, body or undertaking operating or proposing to operate one or more aircraft;
“owner” means, in relation to an aircraft, the registered owner;
“police officer” means any person who is a member of a police force or of the Police Service of Northern Ireland (including for the avoidance of doubt, the Police Service of Northern Ireland Reserve) and any special constable;
“safety recommendation” means any proposal by an investigating Inspector made with the intention of preventing accidents;
“serious injury” means an injury which is sustained by a person in an accident and which —
requires hospitalisation for more than 48 hours, commencing within 7 days from the date the injury was received;
results in the fracture of any bone (except simple fractures of fingers, toes or nose);
involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage;
involves injury to any internal organ;
involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or
involves verified exposure to infectious substances or harmful radiation;
and “seriously injured” shall be construed accordingly;
“State of Design” means the State having jurisdiction over the organisation responsible for the type design of the aircraft;
“State of Manufacture” means the State having jurisdiction over the organisation responsible for the final assembly of the aircraft;
“State of the operator” means the State in which the operator’s principal place of business is located, or if there is no such place of business, the operator’s permanent residence;
“State of Registry” means the State on whose register the aircraft is entered; and
“undertaking” means any natural person, any legal person, whether profit making or not, or any official body whether having its own legal personality or not.
2
Any notice or other document required or authorised by any provision of these Regulations to be served on or given to any person may be served or given —
a
by delivering it to that person;
b
by leaving it at his usual last-known residence or place of business, whether in the United Kingdom or elsewhere;
c
by sending it to him by post at that address;
d
by sending it to him at that address by telex, by facsimile transmission, by electronic communication, or other similar means which produce a document containing a text of the communication, in which event the document shall be regarded as served when it is received.
3
An aircraft shall be treated for the purpose of these Regulations as being a military aircraft if —
a
it is an aircraft in the ownership of any of Her Majesty’s naval, military or air forces, or
b
not being such an aircraft in sub-paragraph (a), it is an aircraft in the ownership of any of the naval, military or air forces of any other State, or
c
the Secretary of State for Defence certifies that by reason of the circumstances affecting the aircraft, it is to be treated for the purposes of these Regulations as being a military aircraft.
4
References in these Regulations to the Secretaries of State are to the Secretary of State for Transport and the Secretary of State for Defence acting jointly.
Application
3
1
Where a military aircraft is involved in an accident arising out of or in the course of air navigation occurring in or over the United Kingdom and the Secretaries of State are of the opinion that the accident occurred or may have occurred —
a
while the aircraft was on, or in the course of taking off from or landing on, a civil aerodrome, or
b
in such circumstances that the Secretaries of State, are or may be concerned or interested in its circumstances or causes,
they may, save where the accident is one to which the Civil Regulations apply, direct that the accident shall be treated as an accident to which these Regulations apply.
2
Public notice of any direction made under this regulation shall be given in such manner as the Secretaries of State may think fit.
3
References in these Regulations to an accident to which these Regulations apply are references to an accident in respect of which a direction has been given under this regulation.
Purpose of the investigation of accidents
4
The sole objective of the investigation of an accident to which these Regulations apply shall be the prevention of accidents. It shall not be the purpose of such an investigation to apportion blame or liability.
Duty to furnish information relating to accidents
5
1
Where a military aircraft is involved in an accident to which these Regulations apply and the accident occurs on or adjacent to a civil aerodrome, the aerodrome authority shall —
a
give notice as soon as possible to the Chief Inspector by the quickest means of communication available, and
b
notify forthwith a police officer for the area where the accident occurred of the accident and the place where it occurred.
2
The notice to the Chief Inspector referred to in paragraph (1) shall contain as much of the following information as is available —
a
the identifying abbreviation “ACCID”;
b
the type, model, nationality and registration marks of the aircraft;
c
the name of the owner, operator and hirer (if any) of the aircraft;
d
the name of the commander of the aircraft;
e
the date and Co-ordinated Universal Time of the accident;
f
the last point of departure and the next point of intended landing of the aircraft;
g
the position of the aircraft by reference to some easily defined geographical point and latitude and longitude;
h
the number of —
i
crew on board the aircraft at the time of the accident and the number of them killed or seriously injured as a result of the accident;
ii
passengers on board the aircraft at the time of the accident and the number of them killed or seriously injured as a result of the accident;
iii
other persons killed or seriously injured as a result of the accident;
i
the nature of the accident and the extent of the damage to the aircraft and property as far as is known;
j
the nature of any air cargo, munitions or other dangerous or potentially hazardous items carried on the aircraft.
Publication
6
Subject to regulation 12, the Chief Inspector may at any time publish, or cause to be published, information relating to an accident to which these Regulations apply.
Removal of damaged aircraft
7
1
Subject to paragraph (2) and regulation 9, where an accident occurs to which these Regulations apply —
a
no person other than an authorised person shall have access to the aircraft involved, and
b
neither the aircraft nor its contents shall, except under the authority of the Secretary of State for Transport or the Secretary of State for Defence, be removed or otherwise interfered with.
2
Subject to the provisions of section 21(4), (4A) and (5) of the Customs and Excise Management Act 1979 —
a
the aircraft may be removed or interfered with so far as may be necessary for the purposes of saving human life or for the removal of any immediate hazard to human life;
b
if the aircraft is wrecked on water, the aircraft or any of its contents may be removed to such extent as may be necessary for bringing it or them to a place of safety.
3
In this regulation the expression “authorised person” means —
a
any person authorised by the Secretary of State for Transport or the Secretary of State for Defence either generally or specially to have access to any military aircraft involved in an accident;
b
any police officer;
c
any officer of Customs and Excise.
Inspectors of Air Accidents
8
1
The Chief Inspector shall determine whether or not an investigation shall be carried out into any accident to which these Regulations apply and he himself may carry out or cause an Inspector to carry out an investigation of any such accident.
2
Without prejudice to the power of an Inspector to seek such advice or assistance as he may deem necessary in making an investigation, the Secretary of State for Transport may at the request of the Chief Inspector —
a
appoint persons to assist an Inspector in a particular investigation; and
b
such persons shall for the purpose of so doing have such of the powers of an Inspector under these Regulations as may be specified in their appointment.
3
The Chief Inspector may authorise that any of his powers and obligations under these Regulations shall be performed on his behalf by an Inspector designated by him to be his deputy.
4
In any case where the Chief Inspector causes more than one Inspector to carry out an investigation he shall nominate one of them to be in overall charge of the investigation.
Powers of Inspectors
9
1
For the purposes of enabling him to carry out an investigation into an accident to which these Regulations apply in the most efficient way and within the shortest time, an investigating Inspector is hereby authorised to —
a
have immediate free access to the site of the accident as well as to the aircraft, its contents or wreckage;
b
ensure an immediate listing of evidence and controlled removal of debris or components for examination or analysis purposes;
c
have immediate access to and use of the contents of the flight recorders and any other recordings;
d
have access to the results of examinations of the bodies of victims or of tests made upon samples taken from the bodies of the victims;
e
have access to the results of examinations of the people involved in the operation of the aircraft or of the tests made on samples taken from such people;
f
examine witnesses; and
g
have free access to any relevant information or records held by the owner, the operator or the manufacturer of the aircraft and by the authorities responsible for civil and military aviation or aerodrome operation.
2
For the purposes of paragraph (1) above an inspecting Investigator shall have power —
a
by summons under his hand —
i
to call before him and examine all such persons as he thinks fit;
ii
to require such persons to answer any question or furnish any information or produce any books, papers, documents and articles which he may consider relevant; and
iii
to retain any such books, papers, documents and articles until the completion of the investigation;
b
to take such statements from all such persons as he thinks fit and to require any such person to make and sign a declaration of the truth of the statement made by him;
c
on production if required of his credentials, to enter and inspect any place, building or aircraft if it appears to him to be necessary for the purposes of the investigation;
d
on production if required of his credentials, to remove, test, take measures for the preservation of or otherwise deal with any aircraft or any part of such aircraft or anything carried thereon other than an aircraft involved in the accident where it appears to him necessary for the purposes of the investigation; and
e
to take such measures for the preservation of evidence as he considers appropriate.
3
Every person summoned by an investigating Inspector under paragraph 2(a) shall be allowed such expenses as the Secretaries of State may determine.
Form and conduct of investigations
10
1
The extent of investigations and the procedure to be followed in carrying out investigations authorised under these Regulations shall be determined by the Chief Inspector taking account of the purpose described in regulation 4 and the lessons he expects to draw from the accident for the improvement of safety.
2
The Chief Inspector shall notify the Secretaries of State in writing of his decision to proceed or not proceed with an investigation into an air accident to which these Regulations apply.
Inspector’s report
11
1
On completion of an investigation into an accident to which these Regulations apply, the investigating Inspector shall prepare a report of the investigation in a form appropriate to the type and seriousness of the accident.
2
If it appears to the investigating Inspector that the investigation of an accident to which these Regulations apply has been completed but for the investigation of matters affecting the discipline or internal administration of —
a
Her Majesty’s naval, military or air forces; or
b
the naval, military or air forces of any other State
which are more appropriate for the investigation by some other person or body, the investigation may be treated for the purposes of paragraph (1) as if it had been completed without such matters being investigated under these Regulations.
3
In a case covered by paragraph (2) the report of the investigation into the accident shall state those matters to which the investigation has not extended by reason of that paragraph.
4
The report of an investigation into an accident to which these Regulations apply shall state the sole objective of the investigation as described in regulation 4 and contain, where appropriate, safety recommendations.
5
A safety recommendation shall in no case create a presumption of blame or liability for an accident.
6
The Chief Inspector shall submit a copy of every report prepared pursuant to paragraph (1) to the Secretaries of State without delay.
7
In this regulation and regulation 12, the expression “investigating Inspector” in a case where more than one Inspector is carrying out the task of investigation means the Inspector nominated by the Chief Inspector to be in overall charge of the investigation, and that person shall not be the Chief Inspector.
Notice of Inspector’s report and representations thereon
12
1
No report which is required by regulation 13 to be published shall be published if, in the investigating Inspector’s opinion, it is likely to adversely affect the reputation of any person, until he has —
a
where it appears to him to be practicable so to do, served a notice under this regulation upon that person, or if that person is a deceased individual, upon the person who appears to him, at the time he proposes to serve the notice pursuant to this paragraph, to represent best the interest of the deceased in the matter, and
b
made such changes to the report as he thinks fit following his consideration of any representations made to him in accordance with paragraph (3) by or on behalf of the person served with such notice.
2
The notice referred to in paragraph (1)(a) shall include particulars of any proposed analysis of facts and conclusions as to the cause or causes of the accident which may affect the person on whom or in respect of whom the notice is served.
3
Any representations made pursuant to paragraph (1)(b) shall be in writing and shall, subject to paragraph (6), be served on the investigating Inspector within 28 days of service of the notice referred to in paragraph (1)(a).
4
A copy of the report submitted to the Secretaries of State under regulation 11(6) shall be served by the investigating Inspector on any person who has been served with a notice pursuant to paragraph (1).
5
No person shall disclose or permit to be disclosed any information contained in a notice or report served on him pursuant to paragraphs (1) or (4) to any other person without the prior consent in writing of the Chief Inspector.
6
The Chief Inspector shall have power to extend the period of 28 days prescribed in paragraph (3) and this power shall be exercisable notwithstanding that that period has expired.
Publication of reports
13
Subject to regulation 12(1), the Chief Inspector shall cause the report of an investigation to be made public in the shortest time possible (and, if possible, within 12 months of the date of the accident) and in such manner as he thinks fit.
Safety recommendations
14
1
The Chief Inspector shall cause the report referred to in regulation 13, including the safety recommendations contained therein, to be communicated to the undertakings or national aviation authorities concerned in the accident.
2
Any undertaking or authority to which a safety recommendation is communicated pursuant to paragraph (1) shall, without delay —
a
take that recommendation into consideration and, where appropriate, act upon it;
b
send to the Secretaries of State —
i
full details of the measures, if any, it has taken to or proposes to take to implement the recommendation and, in the case where it proposes to implement measures, the timetable for securing that implementation; or
ii
a full explanation as to why the recommendation is not to be the subject of the measures taken to implement it; and
c
give notice to the Secretaries of State if at any time any information provided to the Secretaries of State in accordance with paragraph (2)(b)(i) concerning the measures it proposes to take or the timetable for securing their implementation is rendered inaccurate by any change of circumstances.
Reopening of investigation
15
1
The Chief Inspector may cause the investigation of any accident to which these Regulations apply to be re-opened and shall do so —
a
if, after the completion of the investigation, evidence has been disclosed which is in his opinion both new and important; or
b
if for any other reason there is in his opinion ground for suspecting that the reputation of any person has been unfairly and adversely affected.
2
Without prejudice to regulation 19(3) any investigation re-opened shall be subject to and conducted in accordance with the provisions of these regulations.
Accredited representatives
16
1
Where an investigation of an accident is being carried out by an investigating Inspector pursuant to regulation 8, an accredited representative appointed by —
a
the State of Registry;
b
the State of Design;
c
the State of Manufacture;
d
the State of the operator;
e
any other State which has, on request, furnished information, facilities or experts to the investigating Inspector in connection with the accident;
may take part in the investigation.
2
For the purposes of paragraph (1) an accredited representative shall be permitted to —
a
visit the scene of the accident;
b
examine the wreckage;
c
question witnesses;
d
receive copies of all pertinent documents (saving all just exceptions as may be determined by the investigating Inspector);
e
have access to all relevant evidence and make submissions; and
f
be accompanied by such technical and other advisers as may be considered necessary by the authorities of the State by which he is appointed.
3
In this regulation the expression “investigating Inspector” in a case where more than one Inspector is carrying out the task of investigation means the Inspector nominated under regulation 8(4).
Obstruction of investigation
17
1
No person shall obstruct or impede any investigating Inspector or any person acting under the authority of the Secretaries of State in the exercise of any powers under these Regulations.
2
No person shall without reasonable excuse fail, after having had the expenses (if any) to which he is entitled under these Regulations tendered to him, to comply with any summons of an investigating Inspector.
Disclosure of relevant records
18
1
Subject to paragraphs (2) and (4) to (6) no relevant record shall be made available by the Secretaries of State to any person for purposes other than accident investigation.
2
Nothing in paragraph (1) shall preclude a person making a relevant record available to any other person where —
a
in a case where the other person is a party to or otherwise entitled to appear at judicial proceedings, the relevant court has ordered that the relevant record shall be made available to him for the purposes of those proceedings, or
b
in any other circumstances, the relevant court has ordered that the relevant record shall be made available to him for the purposes of those circumstances.
3
In this regulation —
“judicial proceedings” includes any proceedings before any court, tribunal or person having by law the power to hear, receive and examine evidence on oath:
“relevant court” in the case of judicial proceedings or an application for disclosure, made in —
England, Wales or Northern Ireland means the High Court, and
In the case of Scotland means the Court of Session.
“relevant record” means any item in the possession, custody or power of the Secretaries of State which is of a kind referred to in sub-paragraphs (a) to (e) of paragraph 5.12 of the Annex; and
“Secretaries of State” includes any officer of theirs.
4
Subject to paragraph (6) no order shall be made under paragraph (2) unless the relevant court is satisfied that the interests of justice in the circumstances in question outweigh the adverse domestic and international impact which disclosure may have —
a
on the investigation into the accident to which the record relates; or
b
on any future accident investigation undertaken in the United Kingdom.
5
A relevant record or part thereof shall not be treated as having been made available under paragraph (1) in any case where that record or part is included in the final report (or the appendices to the final report) of the accident.
6
The provisions of this regulation shall be without prejudice to any rule of law which authorises or requires the withholding of any relevant record or part thereof on the ground that the disclosure of it would be injurious to the public interest.
Revocation
19
1
The Air Navigation (Investigation of Air Accidents involving Civil and Military Aircraft or Installations) Regulations 1986 are hereby revoked.
2
Any investigation commenced under those Regulations which has not been the subject of a report submitted to the Secretaries of State, shall continue as if it had been commenced under these Regulations.
3
Any investigation commenced under the Regulations in paragraph (1) which is subsequently re-opened shall continue as if it had commenced under these Regulations.
Signed by authority of the Secretary of State
Karen Buck
Parliamentary Under Secretary of State
Department for Transport
26th September 2005


text:
Citation and commencement
1
This Order may be cited as the Airport Byelaws (Designation) Order 2005 and shall come into force on 16th March 2005.
Designation
2
Doncaster Sheffield Airport is hereby designated for the purposes of section 63 of the Airports Act 1986.
Signed by the authority of the Secretary of State for Transport
Charlotte Atkins
Parliamentary Under Secretary of State
Department for Transport
21st February 2005


text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) (No. 4) Regulations 2005 and shall come into force on 13th December2005.
Modification of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations
2
1
At the beginning of regulation 14 of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification ) Regulations 1981 , the words “Subject to paragraph 3A of Schedule 2,” shall be inserted.
2
In Schedule 2 of those Regulations, the following paragraph shall be inserted after paragraph 3 —
3A
Regulation 14 (exhaust pipe) shall not apply in the case of a steam-powered vehicle which was manufactured before 1st January 1955, whether or not it has subsequently been used as a public service vehicle.
.
Signed by authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
8th November 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chelsea and Westminster Healthcare National Health Service Trust (Trust Funds: Appointment of Trustees) Order 2005 and shall come into force on 15 th April 2005.
2
In this Order —
“ the Act ” means the National Health Service and Community Care Act 1990;
“the Trust” means the Chelsea and Westminster Healthcare National Health Service Trust .
Appointment of trustees
2
1
The Secretary of State shall appoint trustees for the Trust for the purpose of exercising the functions described in section 11(1) of the Act (trust funds and trustees for NHS trusts).
2
The appointment of any such trustee shall be for such period, not exceeding 4 years, as the Secretary of State may specify on making the appointment.
Termination and suspension of appointment
3
Where the Secretary of State is of the opinion that it is not in the interests of the Trust or the health service that a trustee for the Trust should continue to hold that office, he may forthwith terminate the appointment and, pending his decision, may suspend any such trustee from such office.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
5th April 2005


text:
Citation
1
This Order may be cited as the Civil Contingencies Act 2004 (Commencement No.3) Order 2005.
Provisions coming into force on 22nd July 2005
2
The following provisions of the Civil Contingencies Act 2004 (“ the Act ”) come into force forthwith–
a
subsections (3) and (5) of section 2, except in so far as they relate to subsection (4) or (6) of that section;
b
subsections (2), (4) and (5) of section 4, except in so far as they relate to subsection (3) or (7) of that section and only for the purpose of permitting a body specified in paragraph 1 or 2 of Schedule 1 to the Act to provide advice and assistance of the kind specified in subsection (1) of that section;
c
subsection (1) of section 6, except in so far as it relates to subsection (2) or (5) of that section;
d
section 12;
e
subsections (1) and (3) of section 13, except in so far as they relate to subsection (2) of that section;
f
section 15; and
g
subsection (6) of section 17, except in so far as it relates to subsection (3) or (5) of that section.
Provisions coming into force on 14th November 2005
3
The following provisions of the Act come into force on 14th November 2005 –
a
section 1, except section 1(4) in so far as it relates to the Scottish Ministers;
b
subsections (1) and (2) of section 2, except in so far as they relate to subsection (4) or (6) of that section;
c
subsections (1), (3), (4) and (5) of section 3, except in so far as they relate to subsection (2) of that section;
d
subsections (1), (6) and (8) of section 4, except in so far as they relate to subsection (3) or (7) of that section and only for the purpose of permitting a body specified in paragraph 1 or 2 of Schedule 1 to the Act to provide advice and assistance of the kind specified in subsection (1) of that section;
e
subsections (1), (3) and (4) of section 5, except in so far as they relate to subsection (2) or (5) of that section;
f
subsections (3), (4) and (6) of section 6, except in so far as they relate to subsection (2) or (5) of that section;
g
section 7;
h
subsections (1), (3) and (4) of section 9, except in so far as they relate to subsection (2) of that section;
i
section 10;
j
section 14(1);
k
section 16;
l
subsections (1), (2) and (4) of section 17, except in so far as they relate to subsection (3) or (5) of that section;
m
section 18;
n
section 32, to the extent not already commenced (except in so far as it introduces paragraph 3 of Schedule 2 or Schedule 3, to the extent that it repeals section 3, 3A or 3B of the Civil Defence Act 1948 );
o
section 33;
p
Schedule 1;
q
paragraphs 1, 2, 4, 5, 6, 7, 8 and 9 of Schedule 2; and
r
Schedule 3 to the extent not already commenced (except to the extent that it repeals section 3, 3A or 3B of the Civil Defence Act 1948).
Provisions coming into force on 15th May 2006
4
Subsections (1), (2), (4), (5), (6) and (8) of section 4 of the Act, except in so far as they relate to subsection (3) or (7) of that section and to the extent not already in force, come into force on 15th May 2006.
Jim Murphy
Parliamentary Secretary, Cabinet Office
22nd July 2005


text:
Citation, application and interpretation
1
1
This Order may be cited as the Housing Act 2004 (Commencement No. 4 and Transitional Provisions)(England) Order 2005.
2
This Order applies to England only.
3
In this Order —
“ the Regulations ” means the Residential Property Tribunal (Right to Buy Determinations) Procedure (England) Regulations 2005 ;
“Schedule 5” means Schedule 5 to the Housing Act 1985 .
Commencement
2
Subject to article 3 the following provisions of the Housing Act 2004 shall come into force on 4th July 2005 —
a
sections 181, 230, and 231; and
b
section 229 and Schedule 13 insofar as they are not already in force .
Transitional provisions
3
1
Where an application made to the Secretary of State under paragraph 11(4) of Schedule 5 on or after 6 th June 2005 but before 4 th July 2005 is determined by a residential property tribunal , the Regulations shall apply to the proceedings of the residential property tribunal to determine that application.
2
Where an application for the purpose mentioned in paragraph 11(4) of Schedule 5 is made, on or after 4th July 2005 but before 29th August 2005, to the Secretary of State instead of to a residential property tribunal it shall be deemed to have been made to such a tribunal.
Signed by the authority of the First Secretary of State
Yvette Cooper
Minister of State Office of the Deputy Prime Minister
29th June 2005


text:
Citation and commencement
1
These Regulations may be cited as the Displaced Persons (Temporary Protection) Regulations 2005 and shall come into force on 15th June 2005.
Interpretation
2
1
In these Regulations —
a
“the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002 ;
b
“claim for asylum” has the same meaning as in section 18 of the 2002 Act;
c
“consular officer” has the same meaning as in article 2 of the Consular Fees (No.2) Order 1999 ;
d
“entry clearance” has the same meaning as in article 2 of the Consular Fees (No.2) Order 1999;
e
“local authority” means —
i
in England and Wales, a district council, a county council, a county borough council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; and
ii
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
f
“registered social landlord” —
i
in England and Wales, has the same meaning as in Part I of the Housing Act 1996 ; and
ii
in Scotland, means a body in the register maintained under section 57 of the Housing (Scotland) Act 2001 ;
g
“registered housing association” has the same meaning, in relation to Northern Ireland, as in Part II of the Housing (Northern Ireland) Order 1992 ;
h
“temporary protection” means limited leave to enter or remain granted pursuant to Part 11A of the Immigration Rules ; and
i
“ Temporary Protection Directive ” means Council Directive 2001/55/ EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between member States in receiving such persons and bearing the consequences thereof .
Means of subsistence
3
1
Any person granted temporary protection as a result of a decision of the Council of the European Union made pursuant to Article 5 of the Temporary Protection Directive shall be deemed for the purposes of the provision of means of subsistence to have been granted leave to enter or remain in the United Kingdom exceptionally, outside the Immigration Rules.
2
Subject to paragraph (3), paragraph (1) shall cease to apply on the date when the period of mass influx of displaced persons to which the grant of temporary protection relates ends in accordance with Chapter II of the Temporary Protection Directive.
3
Paragraph (1) shall continue to apply for a period not exceeding 28 days from the date referred to in paragraph (2) for as long as the conditions in paragraph (4) are satisfied and the person is in the United Kingdom.
4
Those conditions are —
a
the person’s grant of temporary protection has expired; and
b
the person is taking all reasonable steps to leave the United Kingdom or place himself in a position in which he is able to leave the United Kingdom, which may include co-operating with a voluntary return programme.
4
“Means of subsistence” in regulation 3 means any means of subsistence governed by —
a
Part VII of the Social Security Contributions and Benefits Act 1992 ;
b
Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ;
c
sections 1 and 3 of Part I of the Jobseekers Act 1995 ;
d
articles 3 and 5 of Part II of the Jobseekers (Northern Ireland) Order 1995 ;
e
the State Pension Credit Act 2002 ; or
f
the State Pension Credit Act (Northern Ireland) 2002 .
Housing: provision of accommodation
5
1
The Secretary of State may provide, or arrange for the provision of, accommodation for any person granted temporary protection.
2
Subject to paragraph (3), paragraph (1) shall cease to apply on the date when the period of mass influx of displaced persons to which the grant of temporary protection relates ends in accordance with Chapter II of the Temporary Protection Directive.
3
Paragraph (1) shall continue to apply for a period not exceeding 28 days from the date referred to in paragraph (2) for as long as the conditions in paragraph (4) are satisfied and the person is in the United Kingdom.
4
Those conditions are —
a
the person’s grant of temporary protection has expired; and
b
the person is taking all reasonable steps to leave the United Kingdom or place himself in a position in which he is able to leave the United Kingdom, which may include co-operating with a voluntary return programme.
6
A local authority or the Northern Ireland Housing Executive may provide accommodation for those granted temporary protection in accordance with arrangements made by the Secretary of State under regulation 5.
7
When exercising his power under regulation 5 to provide, or arrange for the provision of, accommodation, the Secretary of State —
a
shall have regard to the desirability, in general, of providing, or arranging for the provision of, accommodation in areas in which there is a ready supply of accommodation; and
b
shall not have regard to any preference that those who have been granted temporary protection or their dependants may have as to the locality in which the accommodation is to be provided.
Housing: requests for assistance
8
1
This regulation applies if the Secretary of State asks —
a
a local authority;
b
the Northern Ireland Housing Executive;
c
a registered social landlord; or
d
a registered housing association in Northern Ireland
to assist him in the exercise of his power under regulation 5 to provide, or arrange for the provision of, accommodation.
2
The body to whom the request is made shall co-operate in giving the Secretary of State such assistance in the exercise of that power as is reasonable in the circumstances.
3
This regulation does not require a registered social landlord to act beyond his powers.
4
The Secretary of State shall pay to a body listed in regulation 8(1) any costs reasonably incurred by that body in assisting the Secretary of State to provide, or arrange for the provision of, accommodation.
9
A local authority or the Northern Ireland Housing Executive shall supply to the Secretary of State such information about its housing accommodation (whether or not occupied) as the Secretary of State may request.
Housing: direction by the Secretary of State
10
1
If the Secretary of State considers that a local authority or the Northern Ireland Housing Executive has suitable housing accommodation, the Secretary of State may direct the authority or the Executive to make available such accommodation as may be specified in the direction for a period so specified to the Secretary of State for the purpose of providing accommodation under regulation 5.
2
The Secretary of State shall pay to a body to which a direction is given costs reasonably incurred by the body in complying with the direction.
3
Any such direction is enforceable, on an application made on behalf of the Secretary of State, by injunction or, in Scotland, by an order under section 45(b) of the Court of Session Act 1988 .
11
Housing accommodation shall be suitable for the purposes of regulation 10 if it is —
a
unoccupied;
b
likely to remain unoccupied for the foreseeable future if not made available; and
c
appropriate for the accommodation of persons with temporary protection or is capable of being made so with minor work.
12
1
If the housing accommodation specified in a direction under regulation 10 is not appropriate for the accommodation of persons with temporary protection but is capable of being made so with minor work, the Secretary of State may require the directed body to secure that the work is carried out without delay.
2
The Secretary of State shall meet the reasonable cost of carrying out the minor work.
13
Before giving a direction under regulation 10, the Secretary of State shall consult —
a
such local authorities, local authority associations and other persons as he thinks appropriate in respect of a direction given to a local authority;
b
the Northern Ireland Housing Executive in respect of a direction given to the Executive;
c
the National Assembly of Wales in respect of a direction given to a local authority in Wales; and
d
the Scottish Ministers in respect of a direction given to a local authority in Scotland.
Housing: rent liability
14
A person with temporary protection who is provided with accommodation under regulation 5 shall be liable to make periodical payments of, or by way of, rent in respect of the accommodation provided and, in relation to any claim for housing benefit by virtue of regulation 3, such payments shall be regarded as rent for the purposes of regulation 10(1)(a) of the Housing Benefit (General) Regulations 1987 and regulation 10(1)(a) of the Housing Benefit (General) Regulations (Northern Ireland) 1987 .
Housing: notice to vacate
15
1
A tenancy, licence or right of occupancy granted in order to provide accommodation under regulation 5 shall end on the date specified in a notice to vacate complying with paragraph (2) regardless of when the tenancy, licence or right of occupancy could otherwise be brought to an end.
2
A notice to vacate complies with this paragraph if it is in writing and it specifies as the notice period a period of at least 7 days from the date of service by post of the notice to vacate.
Claims for asylum
16
1
This regulation shall apply when a person granted temporary protection makes a claim for asylum which is recorded by the Secretary of State.
2
When considering under section 55(1)(b) of the 2002 Act whether he is satisfied that the person has made his claim for asylum as soon as reasonably practicable after his arrival in the United Kingdom, the Secretary of State may disregard any time during which the person benefited from a grant of temporary protection.
Consular fees
17
Where a consular officer is satisfied that a person outside the United Kingdom will benefit from a grant of temporary protection on arrival at a port of entry in the United Kingdom, that person shall not be required to pay any fee prescribed by the Consular Fees (No.2) Order 1999 in connection with an application for entry clearance.


text:
Citation and commencement
1
These Rules may be cited as the Firearms (Amendment) Rules 2005 and shall come into force on 1st January 2006.
Amendment to the Firearms Rules 1998
2
1
Part 2 of Schedule 2 to the Firearms Rules 1998 is amended as follows.
2
In Condition 2 of the Shot Gun Certificate for the words “without undue delay” substitute “within 7 days”.
Hazel Blears
Minister of State
Home Office
4th December 2005


text:
Citation, application and commencement
1
These Regulations, which apply to England only, may be cited as the Non-Domestic Rating (Chargeable Amounts) (England) (Amendment) Regulations 2005 and shall come into force on the day after the day on which they are made.
Amendments to the 2004 Regulations
2
The Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2004 are amended in accordance with the following provisions.
Appropriate fraction
3
In regulation 9(3)(b)(i) and (ii), for “1st April 2000” substitute “1st April 2005”.
Splits and mergers
4
In Schedule 2, in paragraphs 2(1), 3(1), 4(1) and 5(1), for the words “43(4) to (6A), 44 and 45(4) to (6)” substitute “43(4) to (6A), 44, 45(4) to (6) and 54(4) to (7)”.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State
Office of the Deputy Prime Minister
30th March 2005


text:
Citation, commencement and application
1
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) (England) Order 2005 and shall come into force on 10 February 2005.
2
This Order applies in England only.
Specified bodies
2
London Scottish Finance Limited (Company No. 233259) and Cheshire Mortgage Corporation Limited (Company No. 2613335) are hereby specified as approved lending institutions for the purposes of section 156 of the Housing Act 1985 (priority of charges) .
Signed by authority of the First Secretary of State
Keith Hill
Minister of State, Office of the Deputy Prime Minister
18th January 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) Regulations 2005 and shall come into force on 5th August 2005.
2
In these Regulations “the 1968 Act ” means the Transport Act 1968 .
Amendments of the Transport Act 1968
2
1
Section 97 of the 1968 Act (installation and use of recording equipment) is amended as follows.
2
In subsection (1)(a)(ii), for “Annexes I and II ” substitute “the relevant Annexes”.
3
In subsection (2), for “Annexes I and II of” substitute “the relevant Annexes to”.
4
After subsection (4) insert —
4A
A person shall not be liable to be convicted under subsection (1)(a) of this section by reason of the driver card not being used with the recording equipment installed in the vehicle in question if he proves to the court that —
a
the driver card was damaged, malfunctioning, lost or stolen;
b
the requirements of Article 16(2) and, apart from the last paragraph thereof, Article 16(3) of the Community Recording Equipment Regulation were being complied with; and
c
in all other respects the recording equipment was being used as provided by Articles 13 to 15 of that Regulation.
5
Subsection (7) is amended as follows.
6
Omit the word “and” before paragraph (c).
7
In the definition of “the Community Recording Equipment Regulation”, after paragraph (c) insert —
d
Commission Regulation ( EC ) 1056/97 ;
e
Article 1 of Commission Regulation (EC) 2135/98 ;
f
Commission Regulation (EC) 1360/2002 ;
g
Commission Regulation (EC) 1882/2003 ;
h
Commission Regulation (EC) 432/2004 ; and
i
any regulations adopted in accordance with the procedure laid down in Article 18 to the Community Recording Equipment Regulation making amendments necessary to adapt the Annexes to that Regulation to technical progress;
.
8
Insert at the end —
“the relevant Annexes” to the Community Recording Equipment Regulation means —
either Annex I or Annex IB to that Regulation; and
Annex II to that Regulation.
.
3
In section 97B(2) of the 1968 Act (records etc. produced by equipment may be used in evidence), after “record sheet” insert “or print out”.
4
In section 98(2A) of the 1968 Act (written records), for “in relation to which subsection (1)(b) of that section has come into force” substitute “which is installed with recording equipment complying with the relevant Annexes (within the meaning of that section)”.
5
1
Section 99 of the 1968 Act (inspection of records and other documents) is amended as follows.
2
In subsection (1) —
a
omit paragraph (bb),
b
omit paragraph (d), and
c
omit “record sheet,”.
3
In subsection (3), omit “or (d)”.
4
In subsection (5), omit “any record or entry on a record sheet kept or carried for the purposes of the Community Recording Equipment Regulation or section 97 of this Act or” and “or the applicable Community rules”.
5
In subsection (8) —
a
for “In this section” substitute “In this Part of this Act”, and
b
for “of this section” substitute “of this Part”.
6
In subsection (9), for “this section on an officer as defined in subsection (8) of this section” substitute “this Part of this Act on an officer”.
7
In subsection (10), for “equipment installed for the purposes of section 97 of this Act” substitute “recording equipment installed”.
8
After subsection (10) insert —
11
Subsections (1) to (7) and (10) do not apply in respect of vehicles to which section 97 of this Act applies.
.
6
After section 99 of the 1968 Act insert —
Inspection of records and other documents and data relating to recording equipment
99ZA
1
An officer may, on production if so required of his authority, require any person to produce, and permit him to inspect, remove, retain and copy —
a
if that person is the owner of a vehicle to which section 97 applies, any document of that person which the officer may reasonably require to inspect for the purpose of ascertaining whether the provisions of this Part of this Act have been complied with;
b
any record sheet or hard copy of electronically stored data which that person is required by the Community Recording Equipment Regulation to retain or to be able to produce;
c
any book, register or other document required by the applicable Community Rules or which the officer may reasonably require to inspect for the purpose of ascertaining whether the requirements of the applicable Community rules have been complied with.
2
An officer may, on production if so required of his authority, require any person —
a
to produce and permit him to inspect any driver card which that person is required by Article 15(7) of the Community Recording Equipment Regulation to be able to produce; and
b
to permit the officer to copy the data stored on the driver card (and to remove temporarily the driver card for the purpose of doing so) and to remove and retain the copy.
3
If the officer so requires by notice in writing, anything that a person is required to produce under subsection (1) or (2) of this section shall, instead of being produced when the requirement under those subsections is imposed, be produced at an address specified in the notice, within such time (not being less than ten days) from the service of the notice as is so specified.
4
Where a notice is served under subsection (3) of this section, the officer may exercise his powers under this section at the place specified in the notice.
5
In this Part of this Act any reference to copying data stored on a driver card or on digital recording equipment includes a reference to making a hard copy or an electronic copy of the data (and any reference to copies of data shall be construed accordingly).
6
In this Part of this Act —
“digital recording equipment” means recording equipment that complies with Annex IB to the Community Recording Equipment Regulation;
“driver card” has the meaning given in that Annex;
“electronic copy” of data means a copy of data stored electronically together with the data’s digital signature (within the meaning of that Annex);
“hard copy” in relation to data stored electronically means a printed out version of the data.
99ZB
Power of entry
1
An officer may, on production if so required of his authority, at any time enter any vehicle to which section 97 of this Act applies in order to inspect that vehicle and any recording equipment in or on it.
2
Where any officer enters any vehicle under subsection (1) of this section he may —
a
inspect, remove, retain and copy any record sheet that he finds there on which a record has been produced by means of analogue recording equipment or on which an entry has been made;
b
inspect, remove, retain and copy any hard copy of data that he finds there which was stored on any digital recording equipment or on a driver card;
c
inspect, remove, retain and copy any other document that he finds there which the officer may reasonably require to inspect for the purpose of ascertaining whether the requirements of the applicable Community rules have been complied with;
d
inspect any driver card that he finds there, copy the data stored on it (using any digital recording equipment in or on the vehicle or temporarily removing the driver card for the purpose of copying the data) and remove and retain the copy;
e
copy data stored on any digital recording equipment that is in or on the vehicle and remove and retain that copy;
f
inspect any recording equipment that is in or on the vehicle and, if necessary for the purposes of the inspection, remove it from the vehicle;
g
retain the recording equipment as evidence if he finds that it has been interfered with;
h
inspect the vehicle for the purpose of ascertaining whether there is in or on the vehicle any device which is capable of interfering with the proper operation of any recording equipment in or on the vehicle;
i
inspect anything in or on the vehicle which he believes is such a device and, if necessary for the purpose of the inspection, remove it from the vehicle;
j
retain the device as evidence if he finds that it is capable of interfering with the proper operation of the recording equipment.
3
Where any officer who is an examiner appointed under section 66A of the Road Traffic Act 1988, or any constable, enters any vehicle under subsection (1) of this section, he may, if he has reason to believe that —
a
any recording equipment in or on the vehicle has been interfered with so as to affect its proper operation, or
b
there is in or on the vehicle any device which is capable of interfering with the proper operation of any recording equipment in or on the vehicle,
require the driver or operator of the vehicle to take it to an address specified by the officer or constable for the purposes of enabling an inspection of the recording equipment, the vehicle or any device in or on it to be carried out.
4
An officer may, on production if so required of his authority, at any time which is reasonable having regard to the circumstances of the case, enter any premises on which he has reason to believe that —
a
a vehicle to which section 97 of this Act applies is kept;
b
any such document as is mentioned in section 99ZA(1) of this Act is to be found;
c
any driver card or copy of data previously stored on a driver card or on recording equipment is to be found; or
d
any digital recording equipment is to be found.
5
Where any officer enters any premises under subsection (4) of this section he may —
a
inspect any vehicle which he finds there and to which section 97 of this Act applies;
b
inspect, remove, retain and copy any such document as is mentioned in section 99ZA(1) of this Act that he finds there;
c
make a copy of any such copy of data as is mentioned in subsection (4)(c) of this section that he finds there, and remove and retain the copies he makes;
d
inspect any driver card that he finds there, copy the data stored on it (using any digital recording equipment on the premises or temporarily removing the driver card for the purpose of copying the data) and remove and retain the copy;
e
copy data stored on any digital recording equipment that he finds there and remove and retain that copy;
f
inspect any recording equipment that he finds there and, if necessary for the purposes of inspection, remove it from the premises;
g
retain any such recording equipment as evidence if he finds that it has been interfered with;
h
inspect anything that he finds there which he believes is a device capable of interfering with the proper operation of any recording equipment and, if necessary for the purpose of the inspection, remove it from the premises;
i
retain any such device as evidence if he finds that it is capable of interfering with the proper operation of recording equipment.
6
For the purposes of–
a
exercising any of his powers under this section in relation to a vehicle or anything found in or on a vehicle, or
b
exercising any of his powers under section 99ZA(1) or (2) of this Act in respect of a document or driver card carried by the driver of a vehicle,
an officer may detain the vehicle during such time as is required for the exercise of that power.
7
If —
a
at the time when a requirement is imposed under subsection (3) of this section the vehicle is more than five miles from the address specified by the officer or constable to which the vehicle is to be taken; and
b
the Community Recording Equipment Regulation is found not to have been contravened in relation to the recording equipment, the vehicle or any device in or on it;
the relevant person must pay, in respect of loss occasioned, such amount as in default of agreement may be determined by a single arbitrator (in Scotland, arbiter) agreed upon by the parties or, in default of agreement, appointed by the Secretary of State.
8
In subsection (7) of this section “relevant person” means —
a
if the requirement was imposed by an examiner appointed under section 66A of the Road Traffic Act 1988, the Secretary of State, and
b
if the requirement was imposed by a constable, the chief officer of police for the police area in which the requirement was imposed.
9
In this Part of this Act “analogue recording equipment” means recording equipment that complies with Annex I to the Community Recording Equipment Regulation.
99ZC
Sections 99ZA and 99ZB: supplementary
1
Where an officer makes any hard copy of data stored on a driver card or on recording equipment under section 99ZA or 99ZB of this Act he may require a person to sign the hard copy (if necessary with manual corrections) to confirm that it is a true and complete record of his activities during the period covered by it.
2
Any record sheet, book, register, other document or any electronic copy of data that is retained by an officer under section 99ZA or 99ZB of this Act may only be retained —
a
for six months; and
b
if it is required as evidence in any proceedings, any further period during which it is so required.
3
In sections 99ZA and 99ZB of this Act references to the inspection and copying of any record produced by means of equipment in or on a vehicle include references to the application to the record of any process for eliciting the information recorded by it and to taking down the information elicited from it.
99ZD
Offence of failing to comply with requirements or obstructing an officer
1
A person commits an offence if he —
a
fails without reasonable excuse to comply with any requirement imposed on him by an officer under any of sections 99ZA to 99ZC of this Act; or
b
obstructs an officer in the exercise of his powers under section 99ZB or 99ZF of this Act.
2
A person guilty of an offence under subsection (1) of this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
99ZE
Offences: false records and data etc .
1
A person commits an offence —
a
if he makes, or causes or permits to be made, a relevant record or entry which he knows to be false;
b
if, with intent to deceive, he alters, or causes or permits to be altered, a relevant record or entry;
c
if he destroys or suppresses, or causes or permits to be destroyed or suppressed, a relevant record or entry; or
d
if he fails without reasonable excuse to make a relevant record or entry, or causes or permits such a failure.
2
For the purposes of subsection (1) of this section a “relevant record or entry” is —
a
any record or entry required to be made by or for the purposes of the Community Recording Equipment Regulation or section 97 of this Act; or
b
any entry in a book, register or document kept or carried for the purposes of the applicable Community rules.
3
A person commits an offence —
a
if he records or causes or permits to be recorded any data which he knows to be false on recording equipment or on a driver card;
b
if he records or causes or permits to be recorded any data which he knows to be false on any hard copy of data previously stored on recording equipment or on a driver card;
c
if, with intent to deceive, he alters, or causes or permits to be altered, any data stored on recording equipment or on a driver card or appearing on any copy of data previously so stored;
d
if, with intent to deceive, he produces anything falsely purporting to be a hard copy of data stored on recording equipment or on a driver card;
e
if he destroys or suppresses, or causes or permits to be destroyed or suppressed, any data stored in compliance with the requirements of the applicable Community rules on recording equipment or on a driver card; or
f
if he fails without reasonable excuse to record any data on recording equipment or on a driver card, or causes or permits such a failure.
4
A person guilty of an offence under subsection (1) or (3) of this section consisting otherwise than in permitting an act or omission is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
5
A person guilty of an offence under subsection (1) or (3) of this section consisting in permitting an act or omission is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
A person commits an offence if he produces, supplies or installs any device —
a
that is designed to interfere with the proper operation of any recording equipment, or
b
that is designed to enable the falsification, alteration, destruction or suppression of data stored in compliance with requirements of the applicable Community Rules on any recording equipment or driver’s card.
7
A person commits an offence if without reasonable excuse he provides information which would assist other persons in producing any such device.
8
A person shall not be liable to be convicted under subsection (6) or (7) of this section if he proves to the court that he produced, supplied or installed the device, or provided information to assist a person in producing a device, for use in connection with the enforcement of the provisions of this Part of this Act.
9
A person guilty of an offence under subsection (6) or (7) of this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
10
For the purposes of this section, a person shall be taken to permit an act or omission if he is, or ought reasonably to be, aware of the act or omission, or of it being a likelihood, and takes no steps to prevent it.
99ZF
Power to seize documents
1
If an officer has reason to believe that an offence under section 99ZE of this Act has been committed in respect of any document inspected by him under section 99ZA or 99ZB of this Act, he may seize that document.
2
Where a document is so seized, a magistrates' court shall, on an application made for the purpose by that person or by an officer, make such order respecting the disposal of the document and award such costs as the justice of the case may require if–
a
within six months of the date on which it was seized no person has been charged since that date with an offence under section 99ZE of this Act in relation to that document; and
b
the document has not been returned to the person from whom it was taken.
3
Any proceedings in Scotland under subsection (2) of this section shall be taken by way of summary application in the sheriff court.
In the application of that subsection to Scotland the reference to costs shall be construed as a reference to expenses.
.
7
1
Section 99A(1) of the 1968 Act (power to prohibit driving of vehicle) is amended as follows.
2
In paragraph (a) –
a
after “section 99” insert “or under section 99ZB”, and
b
for “that section” substitute “section 99 or under any of sections 99ZA to 99ZC of this Act”.
3
In paragraph (c), after “99(5)” insert “or section 99ZE”.
8
In section 103(1) of the 1968 Act (interpretation), insert the following definitions at the appropriate places —
“analogue recording equipment” has the meaning given by section 99ZB(9) of this Act;
;
“copying” and “copies”, in relation to data stored on a driver card or digital recording equipment, is to be construed in accordance with section 99ZA(5) of this Act;
;
“digital recording equipment” has the meaning given by section 99ZA(6) of this Act;
;
“driver card” has the meaning given by section 99ZA(6) of this Act;
;
“electronic copy” of data has the meaning given by section 99ZA(6) of this Act;
;
“hard copy” in relation to data stored electronically has the meaning given by section 99ZA(6) of this Act;
;
“officer” has the meaning given by section 99(8) of this Act;
.
Amendments of the Road Traffic (Foreign Vehicles) Act 1972
9
1
In Schedule 1 to the Road Traffic (Foreign Vehicles) Act 1972 , the entry relating to section 99 of the 1968 Act is amended as follows.
2
In the first column, after “99” insert “and sections 99ZA to 99ZC”.
3
In the second column —
a
before “recording equipment” insert “driver cards and”, and
b
for “and to inspect” substitute “and to copy data recorded on such cards or equipment or to inspect”.
Signed by authority of the Secretary of State for Transport
S J Ladyman
Minister of State
Department for Transport
9th July 2005


text:
Citation and commencement
1
These Regulations may be cited as the Pension Protection Fund (Appointment of Ordinary Members) Regulations 2005 and shall come into force on 6th April 2005.
Procedure for making relevant appointments
2
1
Subject to paragraph (2) below, in making any appointment by virtue of paragraph 2(2) of Schedule 5 to the Pensions Act 2004 (appointment of ordinary members) the Board must act in accordance with the procedure prescribed in the Schedule to these Regulations.
2
Where a vacancy for an ordinary member arises unexpectedly and within three months of the completion of the appointment process for another ordinary member, and where the requirements are the same as they were for the earlier appointment, the Board may appoint another person thought suitable during the earlier appointment process without undertaking a new appointment process.
Signed by the authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
9 March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Disability Discrimination (Transport Vehicles) Regulations 2005 and shall come into force on 4th December 2006.
Interpretation
2
In these Regulations —
“ the Act ” means the Disability Discrimination Act 1995;
“breakdown or recovery operator” means a provider of roadside assistance services for the purpose of recovering or repairing a broken down vehicle;
“hire vehicle” means an M1, M2 or N1 vehicle which is hired out by a vehicle-hire firm under a hiring agreement;
“hiring agreement” means an agreement for the hire of an M1, M2 or N1 vehicle being an agreement which contains such particulars as may be prescribed under section 84 of the Road Traffic Offenders Act 1988 but does not include a hire-purchase agreement within the meaning of section 189 of the Consumer Credit Act 1974 ;
“M1”, in relation to a vehicle, means a vehicle designed and constructed for the carriage of passengers and comprising no more than eight seats in addition to the driver’s seat;
“M2”, in relation to a vehicle, means a vehicle designed and constructed for the carriage of passengers, comprising more than eight seats in addition to the driver’s seat and having a maximum mass not exceeding 5 tonnes;
“N1”, in relation to a vehicle, means a vehicle designed and constructed for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes;
“private hire vehicle” means —
in relation to England and Wales, a vehicle licensed under —
section 7 of the Private Hire Vehicles (London) Act 1998 ;
section 48 of the Local Government (Miscellaneous Provisions) Act 1976 ; or
an equivalent provision of a local enactment; and
in relation to Scotland, a hire car other than a taxi within the meaning of section 23 of the Civic Government (Scotland) Act 1982 ;
“public service vehicle” has the same meaning as in section 1 of the Public Passenger Vehicles Act 1981 ;
“rail vehicle” means a vehicle constructed or adapted to carry passengers on any railway or tramway and “railway” and “tramway” have the same meaning as in section 67 of the Transport and Works Act 1992 ;
“taxi” means —
in relation to England and Wales, a vehicle —
licensed under section 37 of the Town Police Clauses Act 1847 ;
licensed under section 6 of the Metropolitan Public Carriage Act 1869 ; or
which is drawn by one or more person, horse or other animal; and,
in relation to Scotland —
a hire car which is engaged, by arrangements made in a public place between the person to be conveyed in it (or a person acting on his behalf) and its driver for a journey beginning there and then ; or
a non-motorised vehicle which is drawn by one or more person, horse or other animal; and
“vehicle-hire firm” means any person engaged in hiring vehicles in the course of a business.
Discrimination in relation to goods, facilities and services
3
1
Section 21ZA(1) of the Act does not apply to a provider of transport services who provides such services by way of a vehicle described in paragraph (2).
2
Those vehicles are —
a
M1, M2 or N1 hire vehicles;
b
private hire vehicles;
c
public service vehicles;
d
rail vehicles;
e
taxis;
f
vehicles deployed by a breakdown or recovery operator, whether or not through a third party, the sole or partial purpose of which is to transport the driver and occupants of a broken down vehicle from the scene of an accident or breakdown; and
g
vehicles deployed on a system using a mode of guided transport.
Duty of providers of transport services to make adjustments
4
1
Section 21ZA(2)(b) of the Act, in so far as it relates to the application of sections 21(1) and (4) of that Act, does not apply to a provider of transport services who provides such services by way of a vehicle described in paragraph (2).
2
Those vehicles are —
a
M2 and N1 hire vehicles;
b
private hire vehicles;
c
public service vehicles;
d
rail vehicles;
e
taxis; and
f
vehicles deployed on a system using a mode of guided transport.
5
Section 21ZA(2)(b) of the Act, in so far as it relates to the application of section 21(1), (2)(d) and (4) of that Act, does not apply to a vehicle deployed by a breakdown or recovery operator, whether or not through a third party, the sole or partial purpose of which is to transport the driver and occupants of a broken down vehicle from the scene of an accident or breakdown.
6
Section 21ZA(2) does not apply to a provider of transport services who provides such services by way of an M1 hire vehicle.
Auxiliary aids and services
7
For the purposes of section 21(4) of the Act, as applied to the vehicles described in regulations 4 and 5, the following are not to be treated as auxiliary aids or services —
devices, structures or equipment the installation, operation or maintenance of which would necessitate making a permanent alteration to or which would have a permanent effect on either the internal or external physical fabric of a vehicle.
Physical features
8
1
Subject to paragraph (2), for the purposes of section 21(2) of the Act, as applied to M1 hire vehicles by regulation 6, any part of the vehicle which requires alteration in order to facilitate the provision of —
a
hand controls to enable a disabled person to operate braking and accelerator systems in the vehicle; and
b
facilities for the stowage of a wheelchair,
is to be treated as a physical feature.
2
The following are not to be treated as physical features —
a
for the purposes of paragraph (1)(a), fixed seating and in-built electrical systems; and
b
for the purposes of paragraph (1)(b), fixed seating.
Signed by authority of the
Secretary of State for Transport
Karen Buck
Parliamentary Under Secretary of State,
Department for Transport
15th November 2005


text:
Citation
1
This Order may be cited as the Tax Information Exchange Agreement (Taxes on Income) (Virgin Islands) Order 2005.
Declaration about exchange of information
2
1
It is declared that the arrangements specified in the Agreement set out in Part I of the Schedule to this Order, and the Exchange of Notes constituting an Agreement set out in Part II of that Schedule have been made with the Government of the Virgin Islands with a view to the exchange of information foreseeably relevant to the administration or enforcement of —
a
the domestic laws of the United Kingdom concerning income tax, capital gains tax and corporation tax; and
b
the laws of the Virgin Islands concerning taxes imposed by the Virgin Islands which are of a similar character to any of those taxes.
2
It is further declared that it is expedient that the arrangements referred to in paragraph (1) should have effect.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the A21 Trunk Road (Lamberhurst Bypass) (24 Hours Clearway) Order 2005 and shall come into force on 23rd March 2005.
2
In this Order —
“the new trunk road” means the new trunk road near Lamberhurst in the Borough of Tunbridge Wells in the County of Kent being constructed in pursuance of the trunk road order;
“the trunk road order” means the new trunk road being provided in pursuance of the A21 Trunk Road (Lamberhurst Bypass) Order 1976 .
3
Save as provided in article 4 below, no person shall cause or permit any vehicle to wait on any part of the new trunk road, specified in the Schedule to this Order, except upon the direction of, or with the permission of, a police officer in uniform or a traffic warden.
4
Nothing in article 3 shall apply —
a
to render it unlawful to cause or permit a vehicle waiting on any part of the new trunk road, for so long as may be necessary to enable that vehicle to be used in connection with —
i
the removal of any obstruction to traffic,
ii
the maintenance, improvement or reconstruction of the trunk road, or
iii
the laying, erection, inspection, maintenance, alteration, repair, renewal or removal in or near the trunk road of any sewer, main, pipe, conduit, wire, cable or other apparatus for the supply of gas, water, electricity or any telecommunications apparatus as defined in Schedule 2 to the Telecommunications Act 1984 ; or
b
in relation to a vehicle being used —
i
for police, ambulance or fire brigade purposes,
ii
in the service of a local authority in pursuance of statutory powers or duties,
iii
in the service of a water or sewerage undertaker within the meaning of the Water Industry Act 1991 ; or
c
in relation to a vehicle waiting when the person in control of it is —
i
required by law to stop,
ii
obliged to stop in order to avoid an accident, or
iii
prevented from proceeding by circumstances outside his or her control.
Signed by authority of the Secretary of State for Transport
Peter Wallwork
Divisional Director Highways Agency
Department for Transport
2nd March 2005


text:
Citation and commencement
1
These Rules may be cited as the Courts-Martial (Royal Air Force) (Amendment) Rules 2005 and shall come into force on 2nd February 2006.
Amendment of Rules
2
The following paragraph shall be inserted after paragraph (1) of rule 43 of the Courts-Martial (Royal Air Force) Rules —
1A
The jurisdiction of the court to make an order —
a
as to the payment of costs incurred by a party to the proceedings as a result of an unnecessary or improper act or omission by or on behalf of another party to the proceedings; or
b
disallowing or ordering the legal or other representative as defined in section 27(3) of the Armed Forces Act 2001 to meet the whole or any part of any wasted costs as there defined
may be exercised by the judge advocate sitting alone and he may direct the other members of the court to withdraw for the purpose of exercising the jurisdiction.
.
Don Touhig
Parliamentary Under Secretary of State Ministry of Defence
19th December 2005


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Tax Credits) Amendment Regulations 2005, and shall come into force on 8th September 2005.
Amendment of the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003
2
1
The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 shall be amended in accordance with this regulation.
2
In regulation 1 (citation, commencement and interpretation) —
a
in paragraphs (3) and (4) for “paragraph (5)” substitute “paragraphs (4A) to (5)”;
b
after paragraph (4) insert —
4A
In the case of a person who makes a claim for income support on or after 8th September 2005, regulation 2 and Schedule 1 shall have effect from the date that claim is made.
4B
Subject to paragraph (4C), in the case of a claimant for income support who applies on or after 8th September 2005 for an amount to be included in his applicable amount in respect of a child or young person, regulation 2 and Schedule 1 shall have effect from the date of that application.
4C
Paragraph (4B) shall not apply to a claimant for income support who already has an amount included in his applicable amount in respect of a child or young person on the date he makes the application referred to in that paragraph.
;
c
in paragraphs (7) and (8) for “paragraph (9)” substitute “paragraphs (8A) to (9)”;
d
after paragraph (8) insert —
8A
In the case of a person who makes a claim for a jobseeker’s allowance on or after 8th September 2005, regulation 3 and Schedule 2 shall have effect from the date that claim is made.
8B
Subject to paragraph (8C), in the case of a claimant for a jobseeker’s allowance who applies on or after 8th September 2005 for an amount to be included in his applicable amount in respect of a child or young person, regulation 3 and Schedule 2 shall have effect from the date of that application.
8C
Paragraph (8B) shall not apply to a claimant for a jobseeker’s allowance who already has an amount included in his applicable amount in respect of a child or young person on the date he makes the application referred to in that paragraph.
.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
16 August 2005