text:
PART 1
INTRODUCTION
Citation, commencement and effect
1
1
This Order may be cited as the Social Security Benefits Up-rating Order 2005.
2
Subject to paragraph (3), this Order shall come into force for the purposes of —
a
articles 1, 2, 6, 21, 22 and 27, on 1st April 2005;
b
article 8, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 1st April 2005, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Computation of Earnings Regulations ;
c
articles 3 to 5, 7, 12, 13 and 26, on 11th April 2005;
d
article 9, on 6th April 2005;
e
article 10, on 3rd April 2005, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(1) of the Contributions and Benefits Act , for which purpose it shall come into force on 11th April 2005;
f
article 11, on 3rd April 2005;
g
articles 14 and 15, on 14th April 2005;
h
articles 16 to 18, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 11th April 2005, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Income Support Regulations ;
i
articles 19 and 20, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 4th April 2005, and in relation to any other case, on 1st April 2005;
j
articles 23 to 25, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 11th April 2005, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Income Support Regulations.
3
The increases made —
a
in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act ; and
b
by article 23(c) in so far as it is relevant for the purposes referred to in article 6(11),
shall take effect for each case on the date specified in relation to that case in article 6.
Interpretation
2
In this Order —
“the Administration Act ” means the Social Security Administration Act 1992;
“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 1996 ;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ;
“the Pension Schemes Act” means the Pension Schemes Act 1993 ;
“the State Pension Credit Regulations ” means the State Pension Credit Regulations 2002 ; and
“the 2003 Regulations ” means the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 .
PART 2
SOCIAL SECURITY BENEFITS AND PENSIONS
Increase in rates or amounts of certain benefits under the Contributions and Benefits Act
3
1
The sums specified in paragraph (2) shall be increased from and including the respective dates specified in article 6 so that Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit), except paragraph 5 of Part III of that Schedule (guardian’s allowance), has effect as set out in Schedule 1 to this Order.
2
The sums mentioned in paragraph (1) are the sums specified in Parts I, III , IV and V of Schedule 4 to the Contributions and Benefits Act except, in —
a
Part I, the sum specified for child’s special allowance;
b
Part III, the sums specified for guardian’s allowance and for age addition to a pension of any category and otherwise under section 79 of that Act;
c
Part IV, the sums specified in column (2) (increase for qualifying child); and
d
Part V, the sums specified for the increase in disablement pension for dependent children, widow’s pension (initial rate) and death benefit allowance in respect of children.
Increase in rates or amounts of certain pensions and allowances under the Contributions and Benefits Act
4
1
The sums specified in paragraphs (2) to (5) shall be increased from and including the respective dates specified in article 6.
2
The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary’s retirement allowance) shall be increased by 3.1 per cent. of their amount apart from this Order.
3
In section 44(4) of the Contributions and Benefits Act (basic pension in a Category A retirement pension) —
a
for “£71.15” substitute “£73.35”; and
b
for “£79.60” substitute “£82.05”.
4
It is directed that the sums which are —
a
the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 2004-2005 shall be increased by 3.1 per cent. of their amount apart from this Order;
b
the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act (increase of pension where entitlement is deferred) shall be increased by 3.1 per cent. of their amount apart from this Order; and
c
payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975 , section 63 of the Social Security Act 1986 or section 150(1)(e) of the Administration Act shall be increased by 3.1 per cent. of their amount apart from this Order.
5
The sums which, under —
a
section 55A of the Contributions and Benefits Act , are shared additional pensions; and
b
section 55C of the Contributions and Benefits Act , are increases in the rates of such pensions,
shall in each case be increased by 3.1 per cent. of their amount apart from this Order.
Increase in rates or amounts of certain benefits under the Pension Schemes Act
5
1
It is directed that the sums specified in paragraph (2) shall be increased from and including the respective dates specified in article 6.
2
Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) and (3) of that Act), shall be increased by —
a
3.1 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years ; and
b
0.1 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax years 1988-89 to 1996-97 inclusive.
Dates on which sums specified for rates or amounts of benefits under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order
6
1
Paragraphs (2) to (9), which are subject to the provisions of paragraphs (10) and (11), specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case.
2
Subject to paragraph (3), any increases in the sums mentioned in articles 3, 4 and 12 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 11th April 2005.
3
In the case of a person over pensionable age —
a
whose entitlement to a Category A retirement pension is deferred; and
b
for whom the rate of short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Act ,
any increases in the sums mentioned in articles 3, 4 and 12 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 14th April 2005.
4
The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 11th April 2005.
5
Any increases in the sums specified for —
a
the rate of —
i
Category C and Category D retirement pension,
ii
child’s special allowance ,
iii
attendance allowance, and
iv
carer’s allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday); and
b
any increases in —
i
Category C retirement pension and carer’s allowance referred to in sub-paragraph (a)(i) and (iv), and
ii
maternity allowance, widowed mother’s allowance and widowed parent’s allowance,
in respect of dependants, shall in all cases take effect on 11th April 2005.
6
Any increases in the sums specified for —
a
the rate of —
i
carer’s allowance in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday,
ii
disablement benefit,
iii
maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act,
iv
industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children,
v
the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the Contributions and Benefits Act; and
b
any increases in —
i
the benefits referred to in heads (i), (iii) and (iv) of sub-paragraph (a) in respect of dependants, and
ii
disablement pension,
shall in all cases take effect on 13th April 2005.
7
In any case where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 48C(2) of the Contributions and Benefits Act by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, any increase in such sum shall take effect on 11th April 2005.
8
The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance (together with, where appropriate, any increases for dependants) shall take effect in all cases on 14th April 2005.
9
The increases in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 13th April 2005.
10
In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Administration Act (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in article 4(3)(b) shall take effect in that case on the day on which the increase in the benefit payable to him apart from those regulations takes effect.
11
Any increases in the sums specified in articles 3 and 23(c), in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount , shall take effect —
a
except in a case where sub-paragraph (b) applies, on the first day of the first benefit week to commence for the beneficiary on or after 11th April 2005;
b
in a case where regulation 7(b) of the Computation of Earnings Regulations (date on which earnings are treated as paid) applies, on the first day of the first benefit week to commence for the beneficiary on or after 1st April 2005,
and for the purposes of this paragraph, “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations.
Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 1948
7
From and including —
a
13th April 2005, for “£44.35” referred to in paragraph 2(6)(c) of Schedule 8 to the Contributions and Benefits Act (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation);
b
14th April 2005, for that sum referred to in paragraph 6(2)(b) of that Schedule (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total),
substitute “£45.70”.
Earnings Limits
8
In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases) —
a
for “£165.00”, in both places where it occurs, substitute “£170.00”; and
b
for “£21.00” substitute “£22.00”.
Statutory Sick Pay
9
In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for “£66.15” substitute “£68.20”.
Statutory Maternity Pay
10
In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (prescribed rate of statutory maternity pay) for “£102.80” substitute “£106.00”.
Statutory Paternity Pay and Statutory Adoption Pay
11
In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002 —
a
in regulation 2(a) (weekly rate of payment of statutory paternity pay) for “£102.80” substitute “£106.00”; and
b
in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£102.80” substitute “£106.00”.
Increase in rate of graduated retirement benefit
12
1
In section 36(1) of the National Insurance Act 1965 (graduated retirement benefit) —
a
the sum of 9.63 pence shall be increased by 3.1 per cent.; and
b
from and including 11th April 2005 the reference in that provision to that sum shall have effect as a reference to 9.93 pence.
2
The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) ( No. 2) Regulations 1978 (increases for deferred retirement) shall be increased by 3.1 per cent. of their amount apart from this Order.
3
The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 3.1 per cent. of their amount apart from this Order.
Increase in rates of Disability Living Allowance
13
In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991 (rate of benefit) —
a
in paragraph (1)(a) for “£58.80” substitute “£60.60”;
b
in paragraph (1)(b) for “£39.35” substitute “£40.55”;
c
in paragraph (1)(c) for “£15.55” substitute “£16.05”;
d
in paragraph (2)(a) for “£41.05” substitute “£42.30”; and
e
in paragraph (2)(b) for “£15.55” substitute “£16.05”.
Increase in rates of age addition to long-term incapacity benefit
14
In regulation 10(2) of the Social Security (Incapacity Benefit) Regulations 1994 (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date) —
a
in sub-paragraph (a) for “£15.55” substitute “£16.05”; and
b
in sub-paragraph (b) for “£7.80” substitute “£8.05”.
Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases
15
In regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (rate of long-term incapacity benefit in transitional cases) —
a
in sub-paragraph (a) for “£15.55” substitute “£16.05”;
b
in sub-paragraph (b) for “£10.00” substitute “£10.30”; and
c
in sub-paragraph (c) for “£5.00” substitute “£5.15”.
PART 3
INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT
Applicable amounts for Income Support
16
1
The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this article and Schedules 2 to 5 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Income Support Regulations bearing that number.
2
In —
a
regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii) and (d)(i); and
b
paragraphs 13A(2)(a) and 14(a) of Part III of Schedule 2,
the sum specified is in each case £3,000 .
3
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 2 to this Order.
4
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) for “£15.95” substitute “£16.10”; and
b
in sub-paragraph (1)(b) for “£15.95” substitute “£16.10”.
5
The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.
6
In paragraph 18 of Schedule 3 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) for “£97.00” substitute “£101.00”;
d
in sub-paragraph (2)(b) —
i
for “£97.00” substitute “£101.00”;
ii
for “£144.00” substitute “£150.00”;
iii
“£17.00” remains unchanged;
e
in sub-paragraph (2)(c) —
i
for “£144.00” substitute “£150.00”;
ii
for “£186.00” substitute “£194.00”;
iii
“£23.35” remains unchanged;
f
in sub-paragraph (2)(d) —
i
for “£186.00” substitute “£194.00”;
ii
for “£247.00” substitute “£258.00”;
iii
“£38.20” remains unchanged; and
g
in sub-paragraph (2)(e) —
i
for “£247.00” substitute “£258.00”;
ii
for “£308.00” substitute “£322.00”;
iii
“£43.50” remains unchanged.
7
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) —
a
which are amended by this Order shall be as set out in Part I of Schedule 4 to this Order; and
b
which are not increased by this Order are the sums set out in Part II of that Schedule.
8
The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 5 to this Order are the sums set out in column (2) of that Schedule.
9
In paragraph 19(b) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) for “£9.80” substitute “£10.55”.
Income Support Transitional Protection
17
It is directed that the sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987 (special transitional addition) shall be increased by 1 per cent. of their amount apart from this Order.
The Relevant Sum for Income Support
18
In section 126(7) of the Contributions and Benefits Act (trade disputes: the relevant sum) for “£30.00” substitute “£30.50”.
Housing Benefit
19
1
As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 6 and 7 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Housing Benefit Regulations bearing that number.
2
In —
a
regulations 16(b) and 17(c); and
b
paragraphs 13A(2)(a) and 14(a) of Part III of Schedule 2 (applicable amounts),
the sum specified is in each case £3,000.
3
In regulation 18(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii) for “£19.90” substitute “£20.50” in each case;
b
in sub-paragraphs (c)(i) and (d)(i) for “£15.90” substitute “£16.40” in each case; and
c
in sub-paragraph (c)(ii) for “£39.80” substitute “£41.00”.
4
In regulation 21(1A) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) for “£135.00” substitute “£175.00”; and
b
in sub-paragraph (b) for “£200” substitute “£300”.
5
In regulation 63 (non-dependant deductions) —
a
in paragraph (1)(a) “£47.75” remains unchanged;
b
in paragraph (1)(b) “£7.40” remains unchanged;
c
in paragraph (2)(a) for “£97.00” substitute “£101.00”;
d
in paragraph (2)(b) —
i
for “£97.00” substitute “£101.00”;
ii
for “£144.00” substitute “£150.00”;
iii
“£17.00” remains unchanged;
e
in paragraph (2)(c) —
i
for “£144.00” substitute “£150.00”;
ii
for “£186.00” substitute “£194.00”;
iii
“£23.35” remains unchanged;
f
in paragraph (2)(d) —
i
for “£186.00” substitute “£194.00”;
ii
for “£247.00” substitute “£258.00”;
iii
“£38.20” remains unchanged; and
g
in paragraph (2)(e) —
i
for “£247.00” substitute “£258.00”;
ii
for “£308.00” substitute “£322.00”;
iii
“£43.50” remains unchanged.
6
In paragraph 1A of Part I of Schedule 1 (ineligible service charges), for “£19.85”, “£19.85”, “£10.05”, “£13.20”, “£13.20” and “£6.65” substitute “£20.05”, “£20.05”, “£10.15”, “£13.35”, “£13.35” and “£6.70” respectively.
7
In paragraph 5 of Part II of Schedule 1 (payments in respect of fuel charges) —
a
in sub-paragraph (2)(a) for “£9.80” substitute “£10.55”;
b
in sub-paragraph (2)(b) and (d) for “£1.20” substitute “£1.25” in each case; and
c
in sub-paragraph (2)(c) for “£0.80” substitute “£0.85”.
8
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 6 to this Order.
9
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) “£22.20” remains unchanged;
b
in sub-paragraph (1)(b) for “£15.95” substitute “£16.10”; and
c
in sub-paragraph (1A) “£10.50” remains unchanged.
10
The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be as set out in Schedule 7 to this Order.
11
In paragraph 16(1) and (3)(c) of Schedule 3 (sums to be disregarded in the calculation of earnings) for “£12.32” substitute “£14.50” in each case.
12
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 20(b) for “£9.80” substitute “£10.55”; and
b
in paragraph 58 for “£12.32” substitute “£14.50”.
Housing Benefit for certain persons over the qualifying age for State Pension Credit
20
1
This article applies to persons to whom regulation 2 of the 2003 Regulations applies and references in this article to the Housing Benefit Regulations are to the Housing Benefit Regulations as modified by the 2003 Regulations in their application to those persons.
2
As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 8 and 9 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Housing Benefit Regulations bearing that number.
3
In regulation 16(3)(a) (applicable amounts) “20 per cent.” remains unchanged.
4
In regulation 26(3) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) for “£135.00” substitute “£175.00”; and
b
in sub-paragraph (b) for “£200” substitute “£300”.
5
The sums specified in Part I of Schedule 2A (applicable amounts: personal allowances) shall be as set out in Schedule 8 to this Order.
6
In paragraph 3 of Part II of Schedule 2A (applicable amounts: family premium) —
a
in sub-paragraph (1) for “£15.95” substitute “£16.10”; and
b
in sub-paragraph (2) “£10.50” remains unchanged.
7
The sums specified in Part IV of Schedule 2A (applicable amounts: amounts of premiums specified in Part III) shall be as set out in Schedule 9 to this Order.
8
In paragraph 9(1) and (3)(c) of Schedule 3A (sums disregarded from claimant’s earnings) for “£12.32” substitute “£14.50” in each case.
9
In paragraph 21 of Schedule 4A (amounts to be disregarded in the calculation of income other than earnings) for “£12.32” substitute “£14.50”.
Council Tax Benefit
21
1
The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 10 and 11 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Council Tax Benefit Regulations bearing that number.
2
In —
a
regulations 8(b) and 9(c) ; and
b
paragraphs 14A(2)(a) and 15(a) of Part III of Schedule 1 (applicable amounts),
the sum specified is in each case £3,000.
3
In regulation 10(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii) for “£19.90” substitute “£20.50” in each case;
b
in sub-paragraphs (c)(i) and (d)(i) for “£15.90” substitute “£16.40” in each case; and
c
in sub-paragraph (c)(ii) for “£39.80” substitute “£41.00”.
4
In regulation 13(1A) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) for “£135.00” substitute “£175.00”; and
b
in sub-paragraph (b) for “£200” substitute “£300”.
5
In regulation 52 (non-dependant deductions) —
a
in paragraph (1)(a) “£6.95” remains unchanged;
b
in paragraph (1)(b) “£2.30” remains unchanged;
c
in paragraph (2)(a) for “£144.00” substitute “£150.00”;
d
in paragraph (2)(b) —
i
for “£144.00” substitute “£150.00”;
ii
for “£247.00” substitute “£258.00”;
iii
“£4.60” remains unchanged; and
e
in paragraph (2)(c) —
i
for “£247.00” substitute “£258.00”;
ii
for “£308.00” substitute “£322.00”;
iii
“£5.80” remains unchanged.
6
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 10 to this Order.
7
In paragraph 3 of Part II of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) “£22.20” remains unchanged;
b
in sub-paragraph (1)(b) for “£15.95” substitute “£16.10”; and
c
in sub-paragraph (1A) “£10.50” remains unchanged.
8
The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 11 to this Order.
9
In paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit) —
a
in sub-paragraph (2)(b)(i) for “£144.00” substitute “£150.00”; and
b
in sub-paragraph (2)(b)(ii) for “£144.00” and “£186.00” substitute “£150.00” and “£194.00” respectively.
10
In paragraph 16(1) and (3)(c) of Schedule 3 (sums to be disregarded in the calculation of earnings) for “£12.32” substitute “£14.50” in each case.
11
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 20(b) for “£9.80” substitute “£10.55”; and
b
in paragraph 57 for “£12.32” substitute “£14.50”.
Council Tax Benefit for certain persons over the qualifying age for State Pension Credit
22
1
This article applies to persons to whom regulation 12 of the 2003 Regulations applies and references in this article to the Council Tax Benefit Regulations are to the Council Tax Benefit Regulations as modified by the 2003 Regulations in their application to those persons.
2
The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 12 and 13 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Council Tax Benefit Regulations bearing that number.
3
In regulation 8(3)(a) (applicable amounts) “20 per cent.” remains unchanged.
4
In regulation 18(3) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) for “£135.00” substitute “£175.00”; and
b
in sub-paragraph (b) for “£200” substitute “£300”.
5
The sums specified in Part I of Schedule 1A (applicable amounts: personal allowances) shall be as set out in Schedule 12 to this Order.
6
In paragraph 3 of Part II of Schedule 1A (applicable amounts: family premium) —
a
in sub-paragraph (1) for “£15.95” substitute “£16.10”; and
b
in sub-paragraph (2) “£10.50” remains unchanged.
7
The sums specified in Part IV of Schedule 1A (amounts of premiums specified in Part III) shall be as set out in Schedule 13 to this Order.
8
In paragraph 9(1) and (3)(c) of Schedule 3A (sums disregarded from claimant’s earnings) for “£12.32” substitute “£14.50” in each case.
9
In paragraph 21 of Schedule 4A (amounts to be disregarded in the calculation of income other than earnings) for “£12.32” substitute “£14.50”.
PART 4
JOBSEEKER'S ALLOWANCE
Increase in age-related amounts of contribution-based Jobseeker’s Allowance
23
In regulation 79(1) of the Income Support Regulations (weekly amounts of contribution-based jobseeker’s allowance) —
a
in sub-paragraph (a) for “£33.50” substitute “£33.85”;
b
in sub-paragraph (b) for “£44.05” substitute “£44.50”; and
c
in sub-paragraph (c) for “£55.65” substitute “£56.20”.
Applicable amounts for Jobseeker’s Allowance
24
1
The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this article and Schedules 14 to 19 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Income Support Regulations bearing that number.
2
In —
a
regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii) and (d)(i); and
b
paragraphs 15A(2)(a) and 16(a) of Part III of Schedule 1,
the sum specified is in each case £3,000 .
3
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 14 to this Order.
4
In paragraph 4 of Part II of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) for “£15.95” substitute “£16.10”; and
b
in sub-paragraph (1)(b) for “£15.95” substitute “£16.10”.
5
The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 15 to this Order.
6
The sums specified in Part IVB of Schedule 1 (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 16 to this Order.
7
In paragraph 17 of Schedule 2 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) for “£97.00” substitute “£101.00”;
d
in sub-paragraph (2)(b) —
i
for “£97.00” substitute “£101.00”;
ii
for “£144.00” substitute “£150.00”;
iii
“£17.00” remains unchanged;
e
in sub-paragraph (2)(c) —
i
for “£144.00” substitute “£150.00”;
ii
for “£186.00” substitute “£194.00”;
iii
“£23.35” remains unchanged;
f
in sub-paragraph (2)(d) —
i
for “£186.00” substitute “£194.00”;
ii
for “£247.00” substitute “£258.00”;
iii
“£38.20” remains unchanged; and
g
in sub-paragraph (2)(e) —
i
for “£247.00” substitute “£258.00”;
ii
for “£308.00” substitute “£322.00”;
iii
“£43.50” remains unchanged.
8
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5 (applicable amounts in special cases) —
a
which are amended by this Order shall be as set out in Part I of Schedule 17 to this Order; and
b
which are not increased by this Order are the sums set out in Part II of that Schedule.
9
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5A (applicable amounts of joint-claim couples in special cases) —
a
which are amended by this Order shall be as set out in Part I of Schedule 18 to this Order; and
b
which are not increased by this Order are the sums set out in Part II of that Schedule.
10
In paragraph 20(b) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings), for “£9.80” substitute “£10.55”.
11
The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 19 to this Order are the sums set out in column (2) of that Schedule.
The Prescribed Sum for Jobseeker’s Allowance
25
In regulation 172 of the Income Support Regulations (trade disputes: prescribed sum) for “£30.00” substitute “£30.50”.
PART 5
STATE PENSION CREDIT
State Pension Credit
26
1
The amounts specified in the State Pension Credit Regulations shall be the amounts set out in the following provisions of this article and Schedule 20 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the State Pension Credit Regulations bearing that number.
2
In regulation 6 (amount of the guarantee credit) —
a
in paragraph (1)(a) for “£160.95” substitute “£167.05”;
b
in paragraph (1)(b) for “£105.45” substitute “£109.45”;
c
in paragraph (5)(a) for “£44.15” substitute “£45.50”;
d
in paragraph (5)(b) for “£88.30” substitute “£91.00”; and
e
in paragraph (8) for “£25.55” substitute “£25.80”.
3
In regulation 7 (savings credit) —
a
in paragraph (1) “60 per cent.”, “60 per cent.” and “40 per cent.” in sub-paragraphs (a), (b) and (c) respectively remain unchanged; and
b
in paragraph (2) for “£79.60” and “£127.25” substitute “£82.05” and “£131.20” respectively.
4
In paragraph 14 of Schedule II (persons residing with the claimant) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) for “£97.00” substitute “£101.00”;
d
in sub-paragraph (2)(b) for “£97.00” and “£144.00” substitute “£101.00” and “£150.00” respectively and “£17.00” remains unchanged;
e
in sub-paragraph (2)(c) for “£144.00” and “£186.00” substitute “£150.00” and “£194.00” respectively and “£23.35” remains unchanged;
f
in sub-paragraph (2)(d) for “£186.00” and “£247.00” substitute “£194.00” and “£258.00” respectively and “£38.20” remains unchanged; and
g
in sub-paragraph (2)(e) for “£247.00” and “£308.00” substitute “£258.00” and “£322.00” respectively and “£43.50” remains unchanged.
5
In Schedule III —
a
in paragraph 1 (polygamous marriages) —
i
in sub-paragraph (5) for “£160.95” and “£55.50” substitute “£167.05” and “£57.60” respectively;
ii
in sub-paragraph (7) for “£127.25” substitute “£131.20”; and
b
in paragraph 2(2)(a) (further provisions in the case of patients) “20 per cent.” remains unchanged.
6
The amounts specified in any provision of the State Pension Credit Regulations set out in column (1) of Schedule 20 to this Order are the amounts set out in column (2) of that Schedule.
PART 6
REVOCATION
Revocation
27
The Social Security Benefits Up-rating Order 2004 is hereby revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
8th March 2005
We consent,
Nick Ainger
Gillian Merron
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 2005


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the County of North Yorkshire (Electoral Changes) Order 2005.
2
This Order shall come into force –
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2005, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2005.
Interpretation
2
In this Order –
“county” means the county of North Yorkshire;
“existing”, in relation to an electoral division or ward, means the electoral division or ward as it exists on the date this Order is made;
references to wards, unless the context otherwise requires, are references to district and borough wards in the county ; and
any reference to the map is a reference to the map marked “Map referred to in the County of North Yorkshire (Electoral Changes) Order 2005”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of North Yorkshire County Council.
Electoral divisions of the county of North Yorkshire
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into sixty-eight electoral divisions which shall bear the names set out in column (1) of the Schedule.
3
The electoral divisions shall comprise the areas described in column (2) of the Schedule by reference to wards, parishes, or parish wards or, where an area is not so described, the area designated on the map by reference to the name of the electoral division and demarcated by red lines; and the number of councillors to be elected for each electoral division shall be the number specified in respect of the electoral division in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Maps
4
North Yorkshire County Council shall make a print of the map marked “Map referred to in the County of North Yorkshire (Electoral Changes) Order 2005” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
5
The Electoral Registration Officer for each district or borough in the county shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
6
The County of North Yorkshire (Electoral Arrangements) Order 1985 is revoked, save for article 5.
Sealed with the seal of the Electoral Commission on the 1st day of February 2005
Sam Younger
Chairman of the Commission
1st February 2005
Peter Wardle
Chief Executive to the Commission
1st February 2005


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) (Amendment) (No.3) Scheme 2005 and shall come into force on 5th December 2005.
2
In this Scheme, “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 .
Amendment to the principal Scheme and application
2
The amendments to the principal Scheme contained in Schedule 1 to this Scheme shall have effect.
Signed by authority of the Secretary of State
Don Touhig
Parliamentary Under-Secretary of State Ministry of Defence
25th October 2005
We approve
Tom Watson
Gillian Merron
Two of the Lord’s Commissioners of Her Majesty’s Treasury
26th October 2005


text:
1
This Order may be cited as the Severn Bridges Tolls Order 2005 and shall, in accordance with section 9(2)(b) of the Severn Bridges Act 1992 (in this Order referred to as “ the Act ”), come into force on 1st January 2006.
2
The tolls leviable in respect of vehicles within the categories referred to in section 8(1) of the Act using either of the bridges shall be as follows:
Category 1 vehicles £4.90 Category 2 vehicles £9.80 Category 3 vehicles £14.70.
3
The Severn Bridges Tolls Order 2004 is hereby revoked.
Signed by authority of the Secretary of State for Transport
S. J. Ladyman
Minister of State,
Department for Transport
14th December 2005


text:
1
This Order may be cited as the A428 Trunk Road (Caxton Gibbet to Cambourne Improvement) Order 2005 and shall come into force on 11th April 2005.
2
In this Order —
1
all measurements of distance are approximate only, and are measured along the route of the relevant highway. Where junctions are referred to as points of reference in measurements, those measurements are made from the centre line of the junction if it is a `T'–junction and from the centre of the roundabout island if it is a roundabout junction;
2
i
“the plan” means the plan contained in the folio numbered HA 10/MP/022, marked “The A428 Trunk Road (Caxton Gibbet to Cambourne Improvement) Order 2005”, signed by authority of the Secretary of State for Transport and deposited at Records Management Branch, Room F13, Ashdown House, Sedlescombe Road North, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
ii
“the main new road” means the new highway which the Secretary of State proposes to construct along the route described in the Schedule to his Order;
iii
“the new trunk road” means the main new road;
3
The main new road shall become trunk road from the date when this Order comes into force.
4
The centre line of the new trunk road 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 the new trunk road 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.
Signed by authority of the Secretary of State for Transport
Peter Wallwork
Divisional Director Highways Agency
17th March 2005


text:
Citation and commencement
1
This Order may be cited as the Social Security (Reciprocal Agreements) Order 2005 and shall come into force on 5th December 2005.
Modification of Acts
2
The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 shall be modified to such extent as may be required to give effect to the alterations set out in Schedule 1 which are proposed to the agreements set out in the Orders in Council specified in Schedule 2.
A.K.Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) (Amendment) Order 2005 and comes into force on 6th April 2005.
Amendment of article 4 of the Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001
2
1
Article 4 of the Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001 (managing investments: occupational pension schemes) is amended as follows.
2
In paragraphs (1)(b), (2)(b) and (4)(d), omit “routine or”.
3
In paragraph (3), for the definition of “occupational pension scheme” substitute —
“occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993;
.
4
For sub-paragraph (a) of paragraph (6), substitute —
a
it is a decision by the trustees of an occupational pension scheme to buy, sell or subscribe for —
i
units in a collective investment scheme;
ii
shares or debentures (or warrants relating to such shares or debentures) issued by a body corporate having as its purpose the investment of its funds with the aim of spreading investment risk and giving its members the benefit of the results of the management of those funds by or on behalf of that body; or
iii
rights under (or rights to or interests in) any contract of insurance;
.
5
After paragraph (6)(a), omit “or debentures);”.
6
For sub-paragraph (b) of paragraph (6), substitute —
b
the decision is taken after advice has been obtained and considered from a person who falls within any of the cases in paragraph (7);
.
7
Omit sub-paragraphs (c) and (d) of paragraph (6).
8
For paragraph (7), substitute —
7
The cases are where the person is —
a
an authorised person who has permission to carry on activities of the kind specified by article 53 of the Regulated Activities Order in relation to the decision in question;
b
an exempt person in relation to such activities;
c
exempt from the general prohibition by virtue of section 327 of the Financial Services and Markets Act 2000; or
d
an overseas person.
.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 2005


text:
Citation and commencement
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) Order 2005.
Revocation of 2004 Order
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 2004 is revoked.
Amendment of 1986 Order
3
In the Child Abduction and Custody (Parties to Conventions) Order 1986 , for Schedules 1 and 2 there are substituted Schedules 1 and 2 set out in the Schedule to this Order.
A. K. Galloway
Clerk of the Privy Council


text:
PART 1
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005 and shall come into force on 30th December 2005.
2
These Regulations apply to England only.
3
These Regulations apply only in relation to adoptions on or after 30th December 2005.
Interpretation
2
In these Regulations —
“ the Act ” means the Adoption and Children Act 2002;
“appropriate adoption agency” has the same meaning as in section 65(1) of the Act;
“independent review panel” means a panel constituted under section 12 of Act;
“registered adoption support agency” means an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act 2000 ;
“the registration authority” means the Commission for Social Care Inspection ;
“relative” in relation to an adopted person means a person who, but for the adoption, would be related to him by blood (including half-blood) or marriage;
“section 56 information” means the information prescribed by regulation 4.
PART 2
KEEPING OF INFORMATION ABOUT ADOPTIONS
Application of this Part
3
The requirements of this Part in relation to the keeping of information about a person’s adoption apply —
a
to the adoption agency that placed the person for adoption; or
b
to an adoption agency to which the case record in respect of the adopted person (or any information mentioned in regulation 4(3)) has been transferred.
Information to be kept about a person’s adoption
4
1
Paragraphs (2) and (3) prescribe, for the purposes of section 56 of the Act, the information that an adoption agency must keep in relation to a person’s adoption (“section 56 information”).
2
The adoption agency must continue to keep the case record that was set up in respect of the adopted person under Part 3 of the Adoption Agencies Regulations 2005 or under the Adoption Agencies Regulations 1983 .
3
Subject to paragraph (4) the adoption agency must also keep —
a
any information that has been supplied by a natural parent or relative or other significant person in the adopted person’s life, with the intention that the adopted person may, should he wish to, be given that information;
b
any information supplied by the adoptive parents or other persons which is relevant to matters arising after the making of the adoption order;
c
any information that the adopted person has requested should be kept;
d
any information given to the adoption agency in respect of an adopted person by the Registrar General under section 79(5) of the Act (information that would enable an adopted person to obtain a certified copy of the record of his birth);
e
any information disclosed to the adoption agency about an entry relating to the adopted person on the Adoption Contact Register;
f
any information required to be recorded in accordance with regulation 10, 14 or 18;
g
the record of any agreement under regulation 11.
4
The adoption agency is not required to keep any information falling within paragraph (3)(a) to (c) if the adoption agency considers —
a
that it would be prejudicial to the adopted person’s welfare to keep it; or
b
that it would not be reasonably practicable to keep it.
Storage and manner of keeping of section 56 information
5
The adoption agency must ensure that section 56 information in relation to a person’s adoption is at all times kept in secure conditions and in particular that all appropriate measures are taken to prevent theft, unauthorised disclosure, damage, loss or destruction.
Preservation of section 56 information
6
The adoption agency must keep section 56 information in relation to a person’s adoption for at least 100 years from the date of the adoption order.
Transfer of section 56 information
7
1
Where a registered adoption society intends to cease to act or exist as such, it must transfer any section 56 information which it holds in relation to a person’s adoption —
a
to another adoption agency, having first obtained the approval of the registration authority for such transfer;
b
to the local authority in whose area the society’s principal office is situated; or
c
in the case of a society which amalgamates with another registered adoption society to form a new registered adoption society, to the new body.
2
A registered adoption society that transfers its records to another adoption agency by virtue of paragraph (1) must, if its activities were principally based in the area of a single local authority, give written notification of the transfer to that authority.
3
An adoption agency to which records are transferred by virtue of paragraph (1) must give written notification of the transfer to the registration authority.
PART 3
DISCLOSURE OF INFORMATION - GENERAL
Disclosure for purposes of agency’s functions or for research
8
1
An adoption agency may disclose section 56 information that is not protected information as it thinks fit for the purposes of carrying out its functions as an adoption agency.
2
An adoption agency may disclose section 56 information (including protected information) to —
a
a registered adoption support agency or another adoption agency which provides services to the adoption agency in connection with any of its functions under section 61 or 62 of the Act (disclosing protected information about adults or about children); or
b
a person who is authorised in writing by the Secretary of State to obtain information for the purposes of research.
Disclosure required for purposes of inquiries, inspection etc.
9
An adoption agency must disclose section 56 information (including protected information) as may be required —
a
to those holding an inquiry under section 17 of the Act or section 81 of the Children Act 1989 for the purposes of such an inquiry;
b
to the Secretary of State;
c
to the registration authority;
d
subject to the provisions of section 29(7) and 32(3) of the Local Government Act 1974 (investigations and disclosure), to the Commission for Local Administration in England, for the purposes of any investigation conducted in accordance with Part 3 of that Act;
e
to any person appointed by the adoption agency for the purposes of the consideration by the agency of any representations (including complaints);
f
to a panel constituted under section 12 of the Act to consider a qualifying determination in relation to the disclosure of section 56 information;
g
to a court having power to make an order under the Act or under the Children Act 1989.
Requirements relating to disclosure
10
The adoption agency must make a written record of any disclosure made under regulation 8 or 9, which must include —
a
a description of the information disclosed;
b
the date on which the information is disclosed;
c
the person to whom the information is disclosed;
d
the reason for disclosure.
Agreements for the disclosure of protected information
11
1
A prescribed agreement for the purposes of section 57(5) of the Act is —
a
an agreement made between the adoption agency and a person aged 18 or over at the time the agreement is made as to the disclosure of protected information about him; or
b
an agreement made between the adoption agency and each of the following persons as to the disclosure of protected information about them or about the adopted person —
i
the adoptive parent, or in the case of adoption by a couple, both adoptive parents, of the adopted person;
ii
each person who, before the adoption order was made, was a parent with parental responsibility for the adopted person.
2
The adoption agency must keep a written record of any such agreement and that record must include —
a
the full names and signatures of the persons who are parties;
b
the date on which it is made;
c
the reasons for making it;
d
the information that may be disclosed in accordance with the agreement;
e
any agreed restrictions on the circumstances in which information may be disclosed.
PART 4
APPLICATIONS FOR DISCLOSURE OF PROTECTED INFORMATION
Manner of application
12
An application to an adoption agency for the disclosure of protected information under section 61 or 62 of the Act must be in writing and must state the reasons for the application.
Duties of agency on receipt of application
13
On receipt of an application for the disclosure of protected information under section 61 or 62 of the Act an adoption agency must take reasonable steps to confirm —
a
the identity of the applicant or of any person acting on his behalf; and
b
that any person acting on behalf of the applicant is authorised to do so.
Record of views
14
An adoption agency must ensure that any views obtained under section 61(3) or 62(3) or (4) of the Act are recorded in writing.
Independent review
15
1
The following determinations by the appropriate adoption agency in relation to an application under section 61 of the Act are qualifying determinations for the purposes of section 12 of the Act (independent review of determinations) —
a
not to proceed with an application from any person for disclosure of protected information;
b
to disclose information against the express views of the person the information is about;
c
not to disclose information about a person to the applicant where that person has expressed the view that the information should be disclosed.
2
The adoption agency must give the relevant person written notification of the determination, which must —
a
state the reasons for it; and
b
advise the relevant person that he may apply to the Secretary of State within 40 working days, beginning with the date on which the notification was sent, for a review by an independent review panel of the qualifying determination.
3
If the adoption agency receives notification from the Secretary of State that the relevant person has applied for a review by an independent review panel of the qualifying determination, the agency must, within 10 working days of receipt of that notification, send to the Secretary of State —
a
a copy of the application for disclosure of information;
b
a copy of the notification given under paragraph (2);
c
the record of any views obtained by the agency under section 61(3) of the Act; and
d
any additional information requested by the panel.
4
The adoption agency must not take any action in accordance with its original determination before —
a
the independent review panel has made its recommendation; or
b
if the person has not applied for a review within that 40 day period, the end of that period.
5
The adoption agency must have regard to any recommendation of the independent review panel in deciding whether to proceed with its original determination.
6
In paragraph (3) —
a
the reference to an independent review panel is to a panel constituted for the purposes of section 12 of the Act; and
b
“working day” means any day other than a Saturday or Sunday, Christmas day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 .
7
In this regulation “the relevant person” is —
a
in the case of a qualifying determination mentioned in paragraph (1)(a) or (c), the applicant;
b
in the case of a qualifying determination mentioned in paragraph (1)(b), the person the protected information is about.
PART 5
COUNSELLING
Information about the availability of counselling
16
1
An adoption agency must provide written information about the availability of counselling to any person —
a
who is seeking information under section 60, 61 or 62 of the Act;
b
whose views have been sought as to the disclosure of information about him under section 61(3) or 62(3) or (4) of the Act;
c
who enters into, or is considering entering into, an agreement with the agency under regulation 11.
2
The information provided under paragraph (1) must include information about the fees that may be charged by persons providing counselling.
Duty to secure counselling
17
1
Where a person mentioned in regulation 16(1) requests that counselling be provided for him, the adoption agency must make arrangements to secure counselling for that person.
2
The adoption agency may provide the counselling itself or make arrangements with any of the following persons for provision of counselling —
a
if the person is in England or Wales, another adoption agency or a registered adoption support agency;
b
if the person is in Scotland, a Scottish adoption agency;
c
if the person is in Northern Ireland, an adoption society which is registered under Article 4 of the Adoption (Northern Ireland) Order 1987 or any Board; or
d
if the person is outside the United Kingdom, any person or body outside the United Kingdom who appears to the agency to correspond in its functions to a body mentioned in paragraphs (a) to (c).
3
In this regulation “Board” means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 or, where the functions of a Board are exercisable by a Health and Social Services Trust, that Trust.
Disclosure of information for the purposes of counselling
18
1
An adoption agency may disclose any information (which may include protected information) which is required for the purposes of providing counselling to any person with whom it has made arrangements to provide counselling.
2
An adoption agency must make a written record of any disclosure made by virtue of this regulation.
PART 6
THE REGISTRAR GENERAL
Seeking information from the Registrar General
19
1
Where —
a
an adopted person who has attained the age of 18 years requests information from an adoption agency under section 60(2)(a) of the Act that would enable him to obtain a certified copy of the record of his birth; and
b
the agency does not have that information,
the agency must seek that information from the Registrar General.
2
Where an adoption agency seeks information from the Registrar General under paragraph (1) the agency must provide him in writing with the following information, so far as it is known —
a
the name, date of birth and country of birth of the adopted person;
b
the names of that person’s adoptive father and mother;
c
the date of the adoption order.
Registrar General to disclose information regarding the appropriate adoption agency and the Adoption Contact Register
20
1
The Registrar General must —
a
disclose to any person (including an adopted person) at his request any information that the person requires to assist him to make contact with the adoption agency which is the appropriate adoption agency in the case of the person specified in the request (or, as the case may be, in the applicant’s case); and
b
disclose to the appropriate adoption agency any information that the agency requires, in relation to an application under section 60, 61 or 62 of the Act, about any entry relating to an adopted person on the Adoption Contact Register.
2
The appropriate adoption agency must pay any fee that the Registrar General determines is reasonable for the disclosure of information under paragraph (1)(b).
PART 7
MISCELLANEOUS
Offence
21
A registered adoption society which discloses any information in contravention of section 57 of the Act (restrictions on disclosure etc. of information) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Fees charged by adoption agencies
22
1
Subject to paragraph (2) an adoption agency may charge a fee which it determines to be a reasonable fee —
a
in respect of the disclosure of information under section 61 or 62 of the Act;
b
for providing counselling in connection with the disclosure of information under those sections; or
c
for making arrangements to secure counselling in accordance with regulation 17 where the counselling is provided by a person outside the United Kingdom.
2
No fee shall be payable by an adopted person in respect of any information disclosed to him under section 60, 61 or 62 of the Act in relation to any relative of his or for any counselling provided to him in connection with any such disclosure.
3
An adoption agency must, before providing a service to any person for which it may charge a fee under this regulation, give the person information about its fees.
Filkin
Parliamentary Under Secretary of State
Department for Education and Skills
22nd March 2005


text:
1
These Regulations may be cited as the Public Record Office (Fees) Regulations 2005 and shall come into force on 1st April 2005.
2
1
Subject to paragraph (3), the fees to be charged for the authentication of copies of, or extracts from, records under the charge of the Keeper of Public Records, and for other services afforded by officers of the Public Record Office, shall be those set out in column A of the Schedule, in place of those set out in column B of the Schedule.
2
In the Schedule, where a charge is made by reference to a period of time, the full charge shall be payable in respect of part of that period.
3
The Keeper of Public Records may remit a fee where the service performed or to be performed by him has been, or is likely to be, exceptionally simple.
3
The Public Record Office (Fees) Regulations 2004 are revoked.
Signed by authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State
Department for Constitutional Affairs
Dated 17th February 2005
We consent
Nick Ainger
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 2nd March 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Winding Up) (Modification for Multi-employer Schemes and Miscellaneous Amendments) Regulations 2005.
2
These Regulations come into force on 31st August 2005.
3
In these Regulations —
“the 1995 Act ” means the Pensions Act 1995;
“the 1996 Regulations ” means the Occupational Pension Schemes (Winding Up) Regulations 1996 ;
“the 2004 Act ” means the Pensions Act 2004 ;
“the 2005 Regulations ” means the Occupational Pension Schemes (Winding up etc. ) Regulations 2005 ;
“assessment period” is to be read in accordance with section 132 of the 2004 Act (assessment periods);
“the MFR Regulations ” means the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996 .
Modification for multi-employer schemes of rules about reduction of benefits during winding up period
2
1
This paragraph applies to an occupational pension scheme at any time (“the relevant time”) if —
a
section 73 of the 1995 Act (preferential liabilities on winding up) applies to the scheme;
b
the scheme has been a relevant multi-employer scheme at any time after 5th April 2005;
c
at a time after that date when the scheme was such a scheme an event that is an insolvency event for the purposes of Part 2 of the 2004 Act (see section 121 of that Act: insolvency event, insolvency date and insolvency practitioner) has occurred in relation to a person who immediately before the event was an employer in relation to the scheme; and
d
the trustees or managers of the scheme have reasonably determined not more than 3 months before the relevant time that it is probable that an assessment period will begin in relation to the scheme not more than 12 months after the time of the determination.
2
In paragraph (1) “relevant multi-employer scheme” means an occupational pension scheme —
a
in relation to which there are 2 or more employers; and
b
the rules of which do not provide for the partial winding up of the scheme if one of the employers ceases to participate in the scheme.
3
If paragraph (1) applies to a scheme, section 73A(2)(a) of the 1995 Act (which requires the trustees or managers during the winding up period to secure that pensions or other benefits paid in respect of members are reduced so far as is necessary to reflect the liabilities in respect of the members which will be satisfied in accordance with section 73 of that Act) applies to the scheme with the modification specified in paragraph (4).
4
The modification is that section 73A(2)(a) applies as if the reference to the liabilities in respect of the members which will be satisfied in accordance with section 73 of the 1995 Act were a reference to those liabilities or, if the trustees or managers consider it appropriate, to the liabilities in respect of the members which would be satisfied in accordance with that section on the assumption that —
a
the liabilities mentioned in paragraphs (a) and (b) of section 73(4) of that Act (liabilities under certain pre-1997 contracts of insurance and liabilities for pensions or other benefits) will be fully satisfied (but in the case of the liabilities mentioned in section 73(4)(b) only to the extent that they do not exceed the corresponding PPF liability, as defined in section 73(5) of that Act); and
b
the liabilities mentioned in paragraphs (c) and (d) of section 73(4) of that Act will not be satisfied in whole or in part.
5
If —
a
the trustees or managers of a scheme have made payments in accordance with the requirement in section 73A(2)(a) of the 1995 Act on the assumption mentioned in paragraph (4); and
b
subsequently paragraph (1) ceases to apply to the scheme because the condition in paragraph (1)(d) ceases to be met,
section 73A(2)(b) (which for the purposes of section 73A(2)(a) permits the recovery of overpayments and payment of shortfalls) applies as if the reference to the purposes of section 73A(2)(a) included a reference to the purpose of recovering any overpayment or paying any shortfall that has occurred as a result of payments having been made on that assumption.
6
In any case where, by virtue of regulation 12, 12A or 12B of the 1996 Regulations (winding up of sectionalised schemes, schemes with partial government guarantee and partly foreign schemes), sections 73 to 74 of the 1995 Act (winding up provisions) apply to a scheme as if different parts of the scheme were separate schemes —
a
this regulation (apart from this paragraph) also so applies; and
b
references to schemes, employers and members must be read accordingly.
Amendments of the 2005 Regulations
3
1
The 2005 Regulations are amended as follows.
2
Regulation 4(5) (under which in the case of a scheme in relation to which there is no assessment period during the winding up period section 73(4)(b) of the 1995 Act applies as if the liabilities for pensions and other benefits referred to in the category of preferred liabilities on winding up mentioned there were not restricted to the corresponding PPF liability) is revoked.
3
In regulation 9 (which substitutes a new regulation for regulation 4 of the 1996 Regulations: calculation of the value or amount of scheme assets and liabilities) for the words “For regulation 4” substitute “For regulations 4 to 4C”.
Amendment of the MFR Regulations
4
In regulation 6(1) of the MFR Regulations (excluded assets) at the end add —
d
any assets representing the value of any rights in respect of money purchase benefits under the scheme rules.
.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
2nd August 2005


text:
Citation, commencement and application
1
1
This Order may be cited as the Recreation Grounds (Revocation of Parish Council Byelaws) Order 2005 and shall come into force on 12th April 2005.
2
This Order applies in relation to England only.
Revocation
2
The byelaws mentioned in the left-hand column of the Schedule to this Order, made with respect to the recreation grounds and other areas named or described in the right-hand column of that Schedule, are hereby revoked.
Signed by authority of
Phil Hope
Parliamentary Under Secretary of State Office of the Deputy Prime Minister
21st March 2005


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Education (Grants etc.) (Dance and Drama) (England) (Amendment) (No. 2) Regulations 2005 and shall come into force on 31st January 2006.
2
In these Regulations “the Principal Regulations ” means the Education (Grants etc.) (Dance and Drama) (England) Regulations 2001 .
Amendment of the Principal Regulations
3
The Principal Regulations are amended in accordance with these Regulations.
4
In regulation 3(1) after “student”, (in the second place where that word occurs) insert “of a description mentioned in Part II of Schedule 1”.
5
In regulation 4(2), (3), (4) and (5), omit “Part 1” and “in Part 1”, wherever they appear.
6
For regulation 5(2), substitute the following paragraph —
2
Any selection of a substituted student under paragraph (1) shall be on the basis of high ability in, or aptitude for, dance or drama, as the case may be, as demonstrated —
a
at the same group of auditions as that at which the original student’s ability or aptitude was demonstrated; or, where no such selection is possible,
b
at any other group of auditions.
7
In regulation 7(2), substitute “Schedule 2” for “Schedule 1”.
8
1
Schedule 1 is amended in accordance with this regulation.
2
At the end of paragraph 9, add “and who does not fall within paragraph 11”.
3
After paragraph 10, insert —
11
A person who on the first day of the first academic year of the course is a national of a member state of the European Community —
a
who is ordinarily resident in England and Wales on the first day of the academic year of the course;
b
who has been ordinarily resident throughout the three year period preceding the first day of the first academic year of the course in the United Kingdom and Islands;
c
who, where he is a national of the United Kingdom, has a right to be treated no less favourably than a national of another member state by virtue of having exercised a Community right of free movement; and
d
who, in a case where his ordinary residence referred to in sub-paragraph (b) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the European Economic Area immediately prior to the period of ordinary residence referred to in sub-paragraph (b).
9
For Schedule 2 substitute the following Schedule —
SCHEDULE 2
Regulations 2, 4 and 7
Name of institution No. of new award students with a period of award of one year No. of new award students with a period of award of two years No. of new award students with a period of award of three years Grant under regulation 7 per award student p.a
Academy of Live and Recorded Arts 10 0 21 £6,986 Arts Educational School (London) 10 3 52 £7,020 Arts Educational School (Tring) 1 18 0 £7,796 Bird College 0 4 45 £5,986 Cambridge Performing Arts at Bodywork 4 6 16 £4,351 Elmhurst, The School of Dance and Performing Arts 0 0 24 £7,301 English National Ballet School 0 18 0 £9,636 Guildford School of Acting Conservatoire 0 20 30 £6,572 Hammond School 2 2 21 £7,799 Italia Conti Academy of Theatre Arts 7 13 21 £7,049 Laine Theatre Arts 2 3 33 £6,921 Liverpool Theatre School and College 0 0 18 £7,194 Millennium Dance 2000 Ltd 2 10 18 £5,411 Mountview Academy 14 17 41 £8,761 Northern Ballet School 1 0 20 £6,901 Oxford School of Drama 13 0 14 £6,729 Performers College 0 3 22 £5,280 Stella Mann College 0 2 12 £5,908 Studios La Pointe College, Leeds 2 4 16 £6,210 Urdang Academy 1 3 30 £6,561
Bill Rammell
Minister of State
Department for Education and Skills
13th December 2005