text:
PART 1
CITATION, INTERPRETATION AND APPLICATION
Citation and commencement
1
These Regulations may be cited as the Investment Recommendation (Media) Regulations 2005 and come into force on 1st July 2005.
Interpretation
2
In these Regulations —
“ EEA State” means a State which is a contracting party to the agreement on the European Economic Area signed at Oporto on 2 March 1992 as it has effect for the time being;
“financial instrument” means any of the instruments listed in Article 1(3) of Directive 2003/6/ EC of the European Parliament and the Council of 28 January 2003 on insider dealing and market manipulation that are admitted to trading on a regulated market (as defined in article 1(13) of Council Directive 93/22/ EEC on investment services in the securities field) in an EEA State or for which a request for admission to trading on such a market has been made;
“investment recommendation” means information that directly recommends the buying, selling, subscribing for or the underwriting of a financial instrument or the exercise of any right conferred by such instrument to buy, sell, subscribe for or underwrite it; and
“media” means —
a newspaper, journal, magazine or other periodical publication;
a service consisting of the broadcast or transmission of television or radio programmes; or
a service (including the internet) comprising regularly updated news or information;
but excluding any such publication or service the principal purpose of which (taken as a whole and including any advertisements or other promotional material contained in it) is a purpose mentioned in article 54(1)(a) or (b) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
Application of Regulations
3
1
These Regulations apply in respect of the production and the dissemination of an investment recommendation which the producer of that recommendation intends to be, or to become, publicly available in or through the media.
2
Subject to paragraphs (3) and (4), any person whose business or profession is in the media and who, in the conduct of that business, or in the exercise of that profession, either–
a
produces an investment recommendation, or
b
disseminates an investment recommendation produced by a third party,
must do so in accordance with Parts 2 and 3; and references to a “person producing an investment recommendation” and to a “person disseminating an investment recommendation produced by a third party” are references respectively to such persons.
3
These Regulations do not apply to —
a
a person (being an authorised person within section 31 of the Financial Services and Markets Act 2000 ) (“ the Act ”) producing an investment recommendation where such production by him is regulated pursuant to section 22 of the Act; and
b
a person (being an authorised person within section 31 of the Act) disseminating an investment recommendation produced by a third party where such dissemination is regulated pursuant to section 22 of the Act.
4
Parts 2 and 3 do not apply to the production and dissemination of an investment recommendation where —
a
the media in or through which the recommendation appears is subject either to a self- regulatory code or to an appropriate system or procedure with respect to the presentation of investment recommendations and to the disclosure of financial interests and conflicts of interest, and
b
the publication, programme or regularly updated news or information service in or through which the recommendation appears includes a clear and prominent reference to the relevant code, system or procedure.
5
In paragraph (4)(a), a “self-regulatory code” means the Code of Practice issued by the Press Complaints Commission, the Producers' Guidelines issued by the British Broadcasting Corporation and any code published by the Office of Communications pursuant to section 324 of the Communications Act 2003 .
PART 2
PRODUCTION OF INVESTMENT RECOMMENDATIONS
Disclosure of identity of producers
4
A person producing an investment recommendation must disclose clearly and prominently in that recommendation his identity, in particular, the name and job title of the individual who prepared it and the name of the legal person responsible for its production.
Fair presentation
5
Reasonable care must be taken by a person producing an investment recommendation to ensure that in that recommendation–
a
facts are clearly distinguished from interpretations, estimates, opinions and other types of non-factual information;
b
all the documents, figures, names and other records used are reliable and if there is any doubt as to their reliability that this is clearly indicated; and
c
all projections, forecasts and price targets are clearly labelled as such and that any material assumptions made in producing or using them are indicated.
Disclosure of interests etc
6
1
Subject to paragraph (6), a person producing an investment recommendation must disclose, in the recommendation itself, all relationships and circumstances that may reasonably be expected to impair the objectivity of that recommendation, in particular, where he has–
a
a significant financial interest in one or more of the financial instruments which are the subject of the investment recommendation, or
b
a significant conflict of interest with respect to an issuer of a financial instrument to which the investment recommendation (directly or indirectly) relates.
2
For the purposes of paragraph (1)(a), a “significant” financial interest includes —
a
in relation to a legal person, a holding exceeding 5% of the total issued share capital in the issuer of the shares in question, and
b
in relation to a natural person, a holding exceeding £3000 of the total issued share capital in the issuer of the shares in question.
3
Where the person producing the investment recommendation is a legal person —
a
the significant financial interests and the significant conflicts of interest that it must disclose under paragraph (1) include any such interests or interest that it (or any connected legal person) has that are —
i
accessible, or reasonably expected to be accessible, to the persons involved in the preparation of the recommendation, or
ii
that are known to persons who, although not involved in the preparation of the recommendation, had, or could reasonably be expected to have, access to the recommendation prior to its being disseminated to customers or to the public; and
b
the requirement of disclosure of significant financial interests and of significant conflicts of interest under paragraph (1) applies also to any person who (whether under a contract of employment or otherwise) works for the person producing the investment recommendation and who was directly involved in preparing that recommendation.
4
The reference in paragraph (3)(a) to a legal person being “connected” to the person (“A”) producing the investment recommendation, means —
a
a parent undertaking of A;
b
a subsidiary undertaking of A;
c
a subsidiary undertaking of the parent undertaking of A;
d
a parent undertaking of a subsidiary undertaking of A; or
e
an undertaking in which A or an undertaking mentioned in sub-paragraph (a), (b), (c) or (d) has a participating interest.
5
In paragraph (4) —
“parent undertaking” in sub-paragraphs (a), (c) and (d) has the same meaning as in Part 7 of the Companies Act 1985 (or Part 8 of the Companies (Northern Ireland) Order 1986 ); and includes an individual who would be a parent undertaking for the purposes of those provisions if he were an undertaking (and “subsidiary undertaking” is to be read accordingly).
“subsidiary undertaking” in sub-paragraphs (b), (c) and (d) has the same meaning as in Part 7 of the Companies Act 1985 (or Part 8 of the Companies (Northern Ireland) Order 1986); and includes, in relation to a body incorporated in or formed under the law of any EEA State other than the United Kingdom, an undertaking which is a subsidiary undertaking within the meaning of any rule of law in that State for the purposes of the Seventh Company Law Directive (and “parent undertaking” is to be read accordingly); and
“participating interest” in sub-paragraph (e) has the same meaning as in Part 7 of the Companies Act 1985 (or Part 8 of the Companies (Northern Ireland) Order 1986); and includes an interest held by an individual which would be a participating interest for the purposes of these provisions if he were taken to be an undertaking.
6
A person producing an investment recommendation may, if he considers that the disclosure required under paragraph (1) would be disproportionate in relation to the length of that recommendation, comply with the requirements of that paragraph —
a
by including in the recommendation itself a clear and prominent reference to the place where the disclosure can be directly and easily accessed by the public (such as an appropriate internet site of his from which a direct internet link can be made to such disclosures), or
b
where he produces two or more recommendations which appear together, by including in one of the recommendations a single clear and prominent reference to the place where the disclosures required for all the recommendations can be directly and easily accessed by the public.
Non-written investment recommendations
7
1
A person producing a non-written investment recommendation may comply with the requirements of regulations 4 to 6 to disclose information or indicate certain matters —
a
by including in the recommendation itself a clear and prominent reference to the place where the information and matters that would otherwise have to be disclosed or indicated in it can be directly and easily accessed by the public (such as at an appropriate internet site to which a direct internet link can be made to those matters or to that information), or
b
where he produces two or more recommendations which appear together, by including in one of the recommendations a single clear and prominent reference to the place where the information and matters required to be disclosed or indicated for all the recommendations can be directly and easily accessed by the public.
2
A “non-written investment recommendation” is an investment recommendation that is–
a
broadcast or transmitted in the form of a television or radio programme, or
b
displayed on a web site (or similar system for the electronic display of information).
PART 3
DISSEMINATION OF INVESTMENT RECOMMENDATIONS PRODUCED BY THIRD PARTIES
Disclosure of identity of persons disseminating investment recommendations
8
If a person having no authority from the person who produced an investment recommendation to do so nevertheless on his own behalf disseminates that recommendation, he must indicate his own identity clearly and prominently in the recommendation or ensure that it is otherwise clearly and prominently indicated to the persons to whom that recommendation is being disseminated.
Dissemination of altered investment recommendations
9
1
A person disseminating an investment recommendation produced by a third party who makes a change to the direction of the recommendation (such as the change of a recommendation to “buy” into one to “hold” or to “sell” (or vice versa)), must comply with regulations 4 to 6.
2
A person disseminating an investment recommendation produced by a third party who does not make a change to the direction of the recommendation but who makes some other substantial alteration, must ensure that the details of that alteration are clearly indicated.
3
Where the dissemination referred to in paragraph (2) is by a legal person (either itself or through a natural person) that legal person must have a formal written policy so that those receiving the information are directed to where they can have access to–
a
the identity of the person who produced that recommendation,
b
the investment recommendation itself, and
c
any disclosures of the financial interests and conflicts of interest of the person who produced the recommendation which have been made pursuant to regulation 6(1) or in accordance with any rules made by the Financial Services Authority .
Dissemination of summaries of investment recommendations
10
Where an investment recommendation produced by a third party is summarised and the summary is then disseminated, the summary must–
a
be clear and not misleading,
b
mention the document in which the investment recommendation appears, and
c
indicate where any disclosures as to the financial interests and conflicts of interest of the person who produced the investment recommendation which have been disclosed pursuant to regulation 6(1) or in accordance with any rules made by the Financial Services Authority, can be directly and clearly accessed by the public.
News reporting on investment recommendations
11
Where no change is made to the essence of an investment recommendation produced by a third party or where a summary is made of an investment recommendation produced by a third party, the requirements respectively of regulations 9 and 10 need not be complied with as respects news reporting on that recommendation or summary in or through the media.
PART 4
TERRITORIAL SCOPE AND ACTIONS FOR DAMAGES
Territorial scope
12
These Regulations apply to any act or course of conduct of–
a
a person producing an investment recommendation, if his act is done, or his course of conduct is engaged in, in the United Kingdom, regardless of whether that recommendation is then disseminated in or from the United Kingdom or in or from another EEA State;
b
a person disseminating an investment recommendation produced by a third party, if his act is done, or his course of conduct is engaged in, in or from —
i
his registered office (or if he does not have a registered office his head office), or
ii
another establishment maintained by him,
in the United Kingdom, regardless of whether any person to whom that recommendation is disseminated is in the United Kingdom or in another EEA State.
Actions for damages
13
1
A contravention of a provision in Part 2 or 3 is actionable at the suit of a private person who suffers loss as a result of the contravention, subject to the defences and other incidents applying to actions for breach of statutory duty.
2
A “private person” is a person who is a private person within regulation 3(1) of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 .
Nick Ainger
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd February 2005


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Anthrax Prevention Order 1971 etc. (Revocation) Regulations 2005, and shall come into force on 6th April 2005.
Revocations and amendments
2
1
The following instruments are revoked —
a
the Anthrax Prevention Order 1971 ;
b
the Anthrax Prevention Act 1919 (Repeals and Modifications) Regulations 1974 ;
c
the Anthrax Prevention Order 1971 (Exemptions) Regulations 1982 ; and
d
the Health and Safety (Miscellaneous Modifications) Regulations 1993 .
2
In Schedule 1 to the Health and Safety at Work etc. Act 1974, omit the reference to the Anthrax Prevention Act 1919 .
Signed by authority of the Secretary of State for Work and Pensions.
Jane Kennedy
Minister of State,
Department for Work and Pensions
6th February 2005


text:
1
This Order may be cited as the Criminal Justice and Court Services Act 2000 (Commencement No. 15) Order 2005.
2
Section 57 of the Criminal Justice and Court Services Act 2000 (testing persons in police detention) shall come into force on 1st December 2005 to the extent not already in force.
Paul Goggins
Parliamentary Under-Secretary of State
Home Office
1st November 2005


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Pensions (Part-time Service) Regulations 2005.
2
These Regulations come into force on 22nd June 2005 but regulation 2, insofar as it relates to paragraphs 2 to 7 of Schedule 1, and regulations 4 and 5 have effect from 1st July 1992 .
3
These Regulations extend to England and Wales only.
Amendment of the Police Pensions Regulations 1987
2
The Police Pensions Regulations 1987 are amended in accordance with Schedule 1 to these Regulations.
Amendment of the Police Pensions (Purchase of Increased Benefits) Regulations 1987
3
The Police Pensions (Purchase of Increased Benefits) Regulations 1987 are amended in accordance with Schedule 2 to these Regulations.
Interest on late payments
4
Where all or part of a sum —
a
becomes payable under the amendments contained in these Regulations on a date before the date on which these Regulations come into force, and
b
is or was not paid within three months of the date it became payable,
the police authority in question shall pay the amount or additional amount payable together with interest from the date that payment was due calculated at the rate of 5 per cent per year, compounded with yearly rests.
Commutation of late payments
5
Any notice of commutation under regulation B7 of the Police Pensions Regulations 1987 in respect of a sum which becomes payable —
a
under the amendments contained in these Regulations, and
b
before the date on which these Regulations come into force,
shall be given within six months of the date on which these Regulations come into force.
Hazel Blears
Minister of State
Home Office
23rd May 2005
We consent to the making of these Regulations
Vernon Coaker
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
26th May 2005


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 4) Regulations 2005 and shall come into force on 5th April 2005.
Amendment of the Social Security (Contributions) (Amendment No. 3) Regulations 2005
2
The Social Security (Contributions) (Amendment No. 3) Regulations 2005 are amended as follows.
3
In regulation 9(3)(b) (disregard of pension contributions to which the double taxation agreement with the United States of America applies) for “paragraph (c)” substitute “sub-paragraph (1)(c)”.
4
For regulation 10 (transitional provisions) substitute —
Transitional provision
10
1
In relation to qualifying childcare vouchers provided during the period beginning on 6th April 2005 and ending on 5th October 2005 (“the transitional period”), paragraph 7(3) of Part 5 of Schedule 3 to the principal Regulations shall have effect as if, for the purposes of paragraph (a) of QW, the number of qualifying weeks were 26.
This is subject to the following qualification.
2
The sum of the exempt amounts which may be disregarded, in computing earnings during the transitional period, by virtue of paragraph 7(3) of Part 5 of Schedule 3 to the principal Regulations, as modified by paragraph (1) above, shall not exceed £1,300.
.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
4th April 2005
The Secretary of State concurs.
Alan Johnson
Secretary of State for Work and Pensions
4th April 2005
The Department for Social Development concurs.
Sealed with the Official Seal of the Department for Social Development on 4th April 2005
John O'Neill
Senior Officer of the
Department for Social Development
4th April 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Insurance Accounts Directive (Miscellaneous Insurance Undertakings) (Amendment) Regulations 2005 and come into force on 1st October 2005.
2
These Regulations have effect as respects financial years which begin on or after 1st January 2005 and which end on or after 1st October 2005.
3
In these Regulations —
“the 1985 Act ” means the Companies Act 1985 , and
“the principal regulations ” means the Insurance Accounts Directive (Miscellaneous Insurance Undertakings) Regulations 1993 .
Amendment of regulation 3 of the principal regulations (preparation of accounts)
2
1
Regulation 3 of the principal regulations (preparation of accounts by qualifying bodies) is amended as follows.
2
In paragraph (3) —
a
in sub-paragraph (d) —
i
at the beginning insert “where Companies Act group accounts are prepared,”, and
ii
for “13(3) to (5)” substitute “13(3) and (5)” ,
b
in sub-paragraph (e), for “paragraphs 4, 5, 10, 12, 18, 19 and 29” substitute “paragraphs 4 and 12” ,
c
in sub-paragraph (f), for “paragraphs 2 to 6” substitute “paragraphs 2” ,
d
in sub-paragraph (g), for “paragraph 6” substitute “paragraphs 5A and 6” , and
e
in sub-paragraph (h) —
i
at the beginning insert “where Companies Act individual accounts are prepared,”, and
ii
omit “70(3)(b),” .
Amendment of regulation 6 of the principal regulations (penalties for non-compliance)
3
1
Regulation 6 of the principal regulations (penalties for non-compliance) is amended as follows.
2
In paragraph (1)(a), at the end omit “, or”.
3
In paragraph (2)(a), at the end omit “, or”.
4
In paragraph (3) —
a
in sub-paragraph (a), at the end omit “, or”; and
b
after “the body” omit “or Council”.
Amendment of the Schedule to the principal regulations (modifications of certain enactments in their application to industrial and provident societies)
4
1
The Schedule to the principal regulations is amended as follows.
2
For paragraph 1 substitute —
1
In its application to industrial and provident societies which prepare accounts under the provisions of these Regulations, the Friendly and Industrial and Provident Societies Act 1968 shall have effect subject to the modifications made by paragraphs 3 to 7 below.
3
Omit paragraph 2.
4
After paragraph 6 insert —
7
In section 3A of the Friendly and Industrial and Provident Societies Act 1968, for subsections (2) to (12) substitute —
2
If a society publishes any of its statutory accounts, they must be accompanied by the relevant auditors' report under the Insurance Accounts Directive (Miscellaneous Insurance Undertakings) Regulations 1993.
3
A society which is required to prepare group accounts for a financial year shall not publish its statutory individual accounts for that year without also publishing with them its statutory group accounts.
4
If a society publishes non-statutory accounts, it shall publish with them a statement indicating —
a
that they are not the society’s statutory accounts,
b
whether statutory accounts dealing with any financial year with which the non-statutory accounts purport to deal have been delivered to the Authority,
c
whether the society’s auditors have made a report under the Insurance Accounts Directive (Miscellaneous Insurance Undertakings) Regulations 1993,
d
whether any such auditors' report —
i
was qualified or unqualified, or included a reference to any matters to which the auditors drew attention by way of emphasis without qualifying the report, or
ii
contained a statement under section 237(2) or (3) of the Companies Act 1985 as applied to industrial and provident societies by the Insurance Accounts Directive (Miscellaneous Insurance Undertakings) Regulations 1993 (accounting records or returns inadequate, accounts not agreeing with records and returns or failure to obtain necessary information and explanations),
and it shall not publish with the non-statutory accounts any auditors' report under the Insurance Accounts Directive (Miscellaneous Insurance Undertakings) Regulations 1993.
5
For the purposes of this section a society shall be regarded as publishing a document if it publishes, issues or circulates it or otherwise generally makes it available for public inspection in a manner calculated to invite members of the public generally, or any class of members of the public, to read it.
6
References in this section to a society’s statutory accounts are to its individual or group accounts for a financial year as required to be prepared by the Insurance Accounts Directive (Miscellaneous Insurance Undertakings) Regulations 1993; and references to the publication by a society of “non-statutory accounts” are to the publication of —
a
any balance sheet or profit and loss account relating to, or purporting to deal with, a financial year of the society, or
b
an account in any form purporting to be a balance sheet or profit and loss account for the group consisting of the society and its subsidiary undertakings relating to, or purporting to deal with, a financial year of the society,
otherwise than as part of the society’s statutory accounts.
Gerry Sutcliffe
Parliamentary Under-Secretary of State for Employment Relations and Consumers
Department of Trade and Industry
13th July 2005


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2005 and comes into force on 21st December 2005.
Amendment of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
2
1
The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 is amended as follows.
2
In article 2(1), in the definition of “close relative”, after “spouse” (in both places) insert “or civil partner”.
3
In article 20(5)(c), after “spouse” insert “or civil partner”.
4
In article 60(2)(a)(ii), after “widowers” insert “, civil partners, surviving civil partners”.
Dave Watts
Vernon Coaker
Two of the Lords Commissioners of Her Majesty’s Treasury
8th December 2005


text:
1
This Order may be cited as the A419 Trunk Road (Commonhead Junction Improvement and Slip Roads) (Detrunking) Order 2005 and shall come into force on 20th July 2005.
2
In this Order —
i
“the new trunk roads” means the new highways which the Secretary of State proposes to construct referred to in article 2(2)(ii) of the A419 Trunk Road (Commonhead Junction Improvement and Slip Roads) Order 2005 ;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A419 Trunk Road.
3
The lengths of the trunk road described in the Schedule to this Order shall cease to be trunk road and shall be classified as principal road from the date on which the Secretary of State notifies the Borough of Swindon that the new trunk roads are open for traffic.
Signed by authority of the Secretary of State for Transport
John Sherwood
Acting Divisional Director Major Projects National Highways Agency
6th July 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2005 and shall come into force on 1st April 2005.
2
These Regulations shall apply in relation to any case in which a person first fulfils the conditions of entitlement to a payment under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 on or after the day on which they come into force.
Amendment of Regulations
2
In the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 —
a
for the Schedule to those Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations;
b
in regulations 5(1) and 8 (minimum amounts payable to dependant), for the amount £2,180 there shall be substituted the amount £2,248;
c
in regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for the amount £4,509 (in both places) there shall be substituted the amount £4,649.
Signed by authority of the Secretary of State for Work and Pensions.
Jane Kennedy
Minister of State,
Department for Work and Pensions
1st March 2005


text:
Citation, application, commencement and interpretation
1
1
These Regulations, which apply to England only, may be cited as the Central Rating List (England) Regulations 2005 and shall come into force —
a
for all purposes other than those of regulation 18, on 31st March 2005, and
b
for the purposes of regulation 18, on 1st April 2005.
2
In these Regulations, except in regulation 17 —
“the Act” means the Local Government Finance Act 1988;
“designated person” in relation to the central list compiled on or after 1st April 2005 means a person designated by regulation 3(1);
“office premises” means any hereditament constructed or adapted as offices or for office purposes;
“office purposes” includes the purposes of administration and clerical work and handling money; and “clerical work“ includes writing, book-keeping, typing, filing, duplicating, sorting papers or information, calculating (whether by manual, mechanical or electronic means), drawing, and the editorial preparation of matter for publication;
“operational land”, in relation to a designated person, means land which is used for the purposes of carrying on that person’s undertaking, not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used for the purposes of the carrying on of statutory undertakings (within the meaning of the Town and Country Planning Act 1990 ).
3
Any reference in these Regulations to —
a
the central list is to the central non-domestic rating list for England;
b
a hereditament is to a relevant non-domestic hereditament;
c
a designated person by name is, unless the context otherwise requires, a reference to the company or body registered by or bearing that name on 1st October 2004;
d
hereditaments used for any purpose includes a reference to hereditaments which are unused but in relation to which it appears that when next in use they will be used for such a purpose.
Effect
2
Except for regulations 17 and 18, these Regulations shall have effect in relation to a central list compiled on or after 1st April 2005.
Designation of persons and description of hereditaments
3
1
For the purposes of section 53(1) of the Act —
a
there are designated the persons named in the Schedule; and
b
there is prescribed in relation to each such person the description of hereditament set out opposite the name of that person in the Schedule.
2
Regulation 6 of the Non-Domestic Rating (Miscellaneous Provisions) Regulations 1989 (cross-boundary hereditaments) shall not apply to any hereditament falling within any description in the Schedule.
Content of central rating list — names and hereditaments
4
The central list shall show, for each day in each year for which it is in force —
a
the name of each person designated by regulation 3; and
b
against each name, each hereditament situated in England which on the day concerned is occupied (or, if unoccupied, owned) by that person, and which falls within the description prescribed in relation to that person by that regulation.
Content of central rating list — other information
5
1
The central list shall also show, against the name of each designated person —
a
where the person is a company registered in England and Wales, its registered office, and in any other case the person’s principal place of business within the United Kingdom;
b
where the person is a registered company, its registered number; and
c
the first day, if later than 1st April 2005, for which the rateable value shown in the list against the name of the designated person has effect.
2
The central list shall also show, where it has been altered in pursuance of a direction by a tribunal, the name of the tribunal which gave the direction.
Railway hereditaments
6
1
Where Network Rail Infrastructure Limited —
a
occupies or, if it is unoccupied, owns any hereditament; or
b
lets or licenses a hereditament to —
i
a licence holder or a licence exempt operator, other than a licence holder or licence exempt operator who is also a designated person under Parts 1 or 2 of the Schedule to these Regulations or under Part 2 of the Schedule to the Non-Domestic Rating (Communications and Light Railways) (England) Regulations 2005 , and the lessee, licensee or British Transport Police Authority occupies, or, if unoccupied, owns the hereditament; or
ii
the British Transport Police Authority, and it occupies, or, if unoccupied, owns the hereditament,
and if, apart from these Regulations, those hereditaments would be more than one hereditament, and each separate hereditament satisfies the conditions in paragraph (3), those separate hereditaments shall be treated as one hereditament.
2
Where London Underground Limited —
a
occupies or, if it is unoccupied, owns any hereditament; or
b
lets or licenses a hereditament to any person (other than a licence holder or licence exempt operator who is also a designated person under Parts 1 or 2 of the Schedule to these Regulations),
and if, apart from these Regulations, those hereditaments would be more than one hereditament, and provided each separate hereditament satisfies the conditions in paragraph (3), those separate hereditaments shall be treated as one hereditament.
3
The conditions mentioned in paragraphs (1) and (2) are that the hereditament is —
a
used wholly or mainly for —
i
in the case of Network Rail Infrastructure Limited, railway purposes;
ii
in the case of London Underground Limited, LUL purposes; and
b
not an excepted hereditament.
4
In this regulation —
“excepted hereditament“ means a hereditament consisting of or comprising —
premises used as a shop, hotel, museum or place of public refreshment;
premises used wholly or mainly as office premises, where those premises are not situated on the operational land of —
any person designated by regulation 3 and named in Part 1 of the Schedule;
a licence exempt operator or licence holder;
premises or rights so let out as to be capable of separate assessment, other than those falling within paragraph (1)(b) or (2)(b); or
premises (other than premises used in connection with the collection and delivery of parcels, goods or merchandise conveyed or to be conveyed by rail) used wholly or in part for purposes concerned with —
the carriage of goods or passengers by road transport or sea transport; or
harbours,
or for purposes incidental to such purposes;
“licence exempt operator” and “licence holder” have the meanings given by section 10(6) and 83(1) respectively of the Railways Act 1993 ;
“LUL purposes” means the purposes of the parts of LUL’s undertaking which are concerned with the carriage of goods or passengers by rail, or for purposes ancillary to those purposes (including the purpose of the exhibiting of advertisements); and
“railway purposes” means the purposes of providing railway services, within the meaning given by section 82(1) of the Railways Act 1993 , or for purposes ancillary to those purposes (including the purposes of providing policing services or the exhibiting of advertisements).
5
The hereditaments described in paragraphs (1) and (2) shall be treated as occupied by the relevant designated person.
Light railway hereditaments
7
1
Where a company which is a designated person by virtue of regulation 3(1) and Part 2 of the Schedule occupies or, if it is unoccupied, owns any hereditament; and if, apart from these Regulations, those hereditaments would be more than one hereditament, and each separate hereditament satisfies the conditions in paragraph (2), those separate hereditaments shall be treated as one hereditament.
2
The conditions mentioned in paragraph (1) are that the hereditament is —
a
used wholly or mainly for the purposes of the parts of its undertaking which are concerned with the carriage of goods or passengers by rail, or purposes ancillary to those purposes (including the purposes of the exhibiting of advertisements); and
b
not an excepted hereditament.
3
In paragraph (2) —
“excepted hereditament” means a hereditament consisting of or comprising —
premises used as a shop, hotel, museum or place of public refreshment;
premises used wholly or mainly as office premises of the designated person, where those premises are not situated on the operational land of the designated person or of any person designated by regulation 3 and named in Parts 1 or 2 of the Schedule;
premises or rights so let out as to be capable of separate assessment ;and
premises (other than premises used in connection with the collection and delivery of parcels, goods or merchandise conveyed or to be conveyed by rail) used wholly or in part for purposes concerned with the carriage of goods or passengers by road transport or sea transport or with harbours, or for purposes incidental to such purposes.
4
The hereditament described in paragraph (1) shall be treated as occupied by the relevant designated person.
Communications hereditaments
8
1
Subject to paragraph (3), where —
a
British Telecommunications plc occupies or, if it is unoccupied, owns any hereditament which comprises posts, wires, fibres, cables, ducts, telephone kiosks, towers, masts, switching equipment, or other equipment, or easements or wayleaves, being property used for the monitoring, processing or transmission of communications or other signals for the provision of electronic communications services;
b
any person occupies, or if it is unoccupied, owns any hereditament which is an unbundled local loop,
and which would, apart from these Regulations, be more than one hereditament, those hereditaments shall be treated as one hereditament.
2
Where a company which is a designated person by virtue of regulation 3(1) and Part 3 of the Schedule occupies or, if it is unoccupied, owns any hereditament which comprises posts, wires, fibres, cables, ducts, telephone kiosks, towers, masts, switching equipment, or other equipment, or easements or wayleaves, being property used for the monitoring, processing or transmission of communications or other signals for the provision of electronic communications services, and which would, apart from these Regulations, be more than one hereditament, those hereditaments shall be treated as one hereditament.
3
A hereditament described in paragraph (1)(b) shall, on 1st April 2006, cease to form part of the hereditament treated as one hereditament under paragraph (1).
4
The hereditament described in paragraph (1) shall be treated as occupied by British Telecommunications plc.
5
The hereditament described in paragraph (2) shall be treated as occupied by the relevant designated person.
6
In paragraph (1), “unbundled local loop” means —
a
cables, fibres, wires and conductors (or any part of them) used or intended to be used for carrying communications or other signals between the network terminating equipment on the premises of end-users and premises (or any part of them) used for the processing of the communications or other signals, and land occupied therewith; and
b
poles, posts, towers, masts, mast radiators, pipes, ducts, conduits and any associated supports and foundations (or any part of them) used or intended to be used in connection with any of the items listed in sub-paragraph (a), and land occupied therewith,
which British Telecommunications plc lets or licenses to any person.
National and regional gas transportation hereditaments
9
1
Where Transco occupies or, if it is unoccupied, owns what would, apart from these Regulations, be more than one hereditament, and each of those hereditaments satisfies the conditions set out in paragraph (4), those hereditaments shall be treated as one hereditament.
2
Subject to paragraph (3), where a company which is a designated person by virtue of regulation 3(1) and Part 4 of the Schedule occupies or, if it is unoccupied, owns what would, apart from these Regulations, be more than one hereditament, and each of those hereditaments satisfies the conditions set out in paragraph (4), those hereditaments shall be treated as one hereditament.
3
Paragraph (2) shall not apply where the hereditament is occupied or if unoccupied, owned by Transco.
4
The conditions are that each of the hereditaments is —
a
used wholly or mainly for the purposes of the designated person acting as a gas transporter; and
b
not an excepted hereditament.
5
In this regulation and Part 4 of the Schedule —
“excepted hereditament” means —
a hereditament to which regulation 11 applies; and
a hereditament consisting of or comprising one or more of the following —
premises used wholly or mainly as office premises, where those premises are not situated on operational land of the designated person;
premises used wholly or mainly for the manufacture of plant or gas fittings;
premises used wholly or mainly as storage facilities, being underground storage cavities, liquefied natural gas storage facilities and facilities used or available for use in connection with off-shore storage;
“gas transporter” has the meaning given by section 7 of the Gas Act 1986 ;
“Transco” means Transco plc and each subsidiary of National Grid Transco plc existing on 1st March 2005; and
“subsidiary” has the meaning given by section 736 of the Companies Act 1985 .
6
The hereditament described in paragraph (1) shall be treated as occupied by Transco.
7
The hereditament described in paragraph (2) shall be treated as occupied by the relevant designated person.
Local gas transportation hereditaments
10
1
Where a company which is a designated person by virtue of regulation 3(1) and Part 5 of the Schedule occupies or, if it is unoccupied, owns what would, apart from these Regulations, be more than one hereditament, and each of those hereditaments satisfies the conditions set out in paragraph (2), those hereditaments shall be treated as one hereditament.
2
The conditions are that each of the hereditaments is —
a
used wholly or mainly for the purposes of the designated person acting as a gas transporter; and
b
not an excepted hereditament.
3
In paragraph (2) —
“excepted hereditament” means a hereditament consisting of or comprising premises used wholly or mainly as office premises, where those premises are not situated on operational land of the designated person; and
“gas transporter” has the meaning given by section 7 of the Gas Act 1986 ;
4
The hereditament described in paragraph (1) shall be treated as occupied by the relevant designated person.
Gas meter hereditaments
11
1
Where Transco or any other person, occupies or, if it is unoccupied, owns what would, apart from these Regulations, be more than one hereditament and each of those hereditaments is a gas meter attached to the end of the gas pipeline of Transco, those hereditaments shall be treated as one hereditament.
2
Subject to paragraph (3), where —
a
a company which is a designated person by virtue of regulation 3(1) and Part 6 of the Schedule; or
b
any other person,
occupies or, if it is unoccupied, owns what would, apart from these Regulations, be more than one hereditament and each of those hereditaments is a gas meter attached to the gas pipeline of the company, those hereditaments shall be treated as one hereditament.
3
Paragraph (2) shall not apply where the hereditament to which the meter is attached is occupied, or if unoccupied, owned by Transco.
4
In this regulation and Part 6 —
a
“gas pipeline” means a hereditament described in regulation 9(1) or (2);
b
“Transco” means Transco plc and each subsidiary of National Grid Transco plc existing on 1st March 2005; and
c
“subsidiary” has the meaning given by section 736 of the Companies Act 1985 .
5
The hereditament described in paragraph (1) shall be treated as occupied by Transco.
6
The hereditament described in paragraph (2) shall be treated as occupied by the relevant designated person.
Electricity transmission hereditaments
12
1
Where National Grid occupies or, if it is unoccupied, owns what would, apart from these Regulations, be more than one hereditament and each of those hereditaments satisfies the conditions set out in paragraph (2), those hereditaments shall be treated as one hereditament.
2
The conditions are that each of the hereditaments is —
a
used wholly or mainly for the purposes of the transformation or transmission of electrical power, or for ancillary purposes; and
b
not an excepted hereditament.
3
In this regulation and in Part 7 —
a
“excepted hereditament” means a hereditament consisting of or comprising premises used wholly or mainly as office premises of the designated person, where those premises are not situated on operational land of the designated person;
b
“National Grid” means the National Grid Company plc and each subsidiary of National Grid Transco plc existing on 1st March 2005; and
c
“subsidiary” has the meaning given by section 736 of the Companies Act 1985.
4
The hereditament described in paragraph (1) shall be treated as occupied by National Grid.
Electricity distribution hereditaments
13
1
Where a company which is a designated person by virtue of regulation 3(1) and Part 8 of the Schedule occupies or, if it is unoccupied, owns what would, apart from these Regulations, be more than one hereditament, and each of those hereditaments satisfies the conditions set out in paragraph (2), those hereditaments shall be treated as one hereditament.
2
The conditions are that each of the hereditaments is —
a
used wholly or mainly for the purposes of the designated person acting as an electricity distributor or for ancillary purposes; and
b
not an excepted hereditament.
3
In paragraph (2) —
“electricity distributor” has the meaning given by section 6 of the Electricity Act 1989 ; and
“excepted hereditament“ means —
a hereditament to which regulation 14 applies;
a hereditament consisting of or comprising premises used wholly or mainly as office premises, where those premises are not situated on operational land of the designated person.
4
The hereditament described in paragraph (1) shall be treated as occupied by the relevant designated person.
Electricity meter hereditaments
14
1
Where —
a
a company which is a designated person by virtue of regulation 3(1) and Part 9 of the Schedule; or
b
any other person,
occupies or, if it is unoccupied, owns what would, apart from these Regulations, be more than one hereditament, and each of those hereditaments is an electricity meter attached to the end of the electricity distribution network of the company, those hereditaments shall be treated as one hereditament.
2
In paragraph (1), “electricity distribution network” means a hereditament described in regulation 13(1).
3
The hereditament described in paragraph (1) shall be treated as occupied by the relevant designated person.
Water supply hereditaments
15
1
Where a company which is a designated person by virtue of regulation 3(1) and Part 10 of the Schedule occupies or, if it is unoccupied, owns what would, apart from these Regulations, be more than one hereditament, and each of those hereditaments satisfies the conditions set out in paragraph (2), those hereditaments shall be treated as one hereditament.
2
The conditions are that each of the hereditaments is —
a
used wholly or mainly for the purposes of a water undertaker or for ancillary purposes; and
b
not an excepted hereditament.
3
In paragraph (2) —
“excepted hereditament“ means a hereditament consisting of or comprising one or both of the following —
premises used wholly or mainly for the manufacture, storage, sale, display or demonstration of apparatus or accessories for use by consumers of water (any use for the receipt of payments for the use of water or sewerage services being disregarded);
premises used wholly or mainly as office premises, where those premises are not situated on operational land of the designated person; and
“water undertaker” has the same meaning as in Part 2 of the Water Industry Act 1991 .
4
The hereditament described in paragraph (1) shall be treated as occupied by the relevant designated person.
Canal hereditaments
16
1
Where a company which is a designated person by virtue of regulation 3(1) and Part 11 of the Schedule occupies or, if it is unoccupied, owns any hereditament which —
a
comprises —
i
waterways (including cuts and culverts, locks, gates, sluices, pumps, flood let-off valves, feeders, conduits, weirs, side ponds, ditches and drains);
ii
aqueducts, basins, bridges, embankments, reservoirs and tunnels;
iii
lighthouses, beacons, buoys, breakwaters, boatlifts and other structures designed to aid navigation;
iv
docks, wharves, piers, jetties, pontoons, moorings, slipways, land and buildings used for the building, maintenance or floating storage of craft, or for the provision, maintenance or servicing of inland waterways and plant or machinery used in connection therewith;
v
clay pits, dredging or other waste disposal tips; or
vi
other land, buildings or structures or parts of buildings or structures used for the provision or servicing of facilities for traffic by, public access to, or enjoyment of, inland waterways, or for ancillary purposes; and
b
is not an excepted hereditament,
then if, apart from these Regulations, those hereditaments would be more than one hereditament, those separate hereditaments shall be treated as one hereditament.
2
In paragraph (1) —
“excepted hereditament” means any hereditament —
consisting of or including a dock or harbour undertaking carried on under authority conferred by or under any enactment;
consisting of premises so let out as to be capable of separate assessment;
consisting of premises used wholly or mainly as office premises, where those premises are not situated on operational land of the designated person; or
consisting of a car park used wholly or mainly in connection with office premises, where those premises are not situated on operational land of the designated person; and
“inland waterway” means any such waterway, whether natural or artificial.
3
The hereditament described in paragraph (1) shall be treated as occupied by the relevant designated person.
Amendment of the 2000 Regulations
17
1
The Central Rating Lists (England) Regulations 2000 are amended, with effect from 1st October 2001, as follows.
2
In paragraph (3) of regulation 1 —
a
at the beginning of sub-paragraph (a), in place of “Subject to subparagraph (b)”, substitute —
“Subject to sub-paragraphs (b) and (c)”; and
at the end of paragraph (3) add the following —
c
in Part 2 of the Schedule —
i
references to a designated person by name are references to the company bearing that name on 1st October 2001; and
ii
references to National Grid are references to the company bearing the name the National Grid Company plc on 1st October 2001 and each subsidiary of National Grid Transco plc existing between 1st October 2001 and 31st March 2005.
.
3
For the table in Part 2 of the Schedule, substitute —
PART 2
Electricity Supply Hereditaments
Designated person Relevant Hereditaments
National Grid Hereditaments (other than excepted hereditaments) wholly or mainly used for the purposes of the transformation or transmission of electrical power, or for ancillary purposes.
East Midlands Electricity Distribution plc
Eastern Electricity Limited
GPU Power Networks ( UK ) plc
London Power Networks plc
Manweb plc
Northern Electric Distribution Limited
Norweb plc
Seeboard Power Networks plc
Southern Electric Power Distribution plc
SP Distribution Limited
Western Power Distribution (South Wales) plc
Western Power Distribution (South West) plc
Yorkshire Electricity Distribution plc
Hereditaments (other than excepted hereditaments) wholly or mainly used for the purposes of the functions of a public electricity supplier, or for ancillary purposes.
In this Part —
“excepted hereditament” means a hereditament consisting of or comprising one or both of the following —
premises used wholly or mainly as a shop or other place for the sale, display or demonstration of apparatus or accessories for use by consumers of electricity (any use for the receipt of payments for the use of electricity being disregarded);
premises used wholly or mainly as office premises of a designated person, where those premises are not situated on operational land of that person;
“public electricity supplier” has the same meaning as in section 6(9) of the Electricity Act 1989; and
“subsidiary” has the meaning given by section 736 of the Companies Act 1985
.
Revocations and savings
18
1
Subject to paragraph (2), there are hereby revoked —
a
the Non-Domestic Rating (Electricity Generators) Regulations 1991 ;
b
the Non-Domestic Rating (Railways, Telecommunications and Canals) Regulations 1994 ;
c
the Central Rating Lists (England) Regulations 2000 ; and
d
the Central Rating Lists (England)(Amendment) Regulations 2001 .
2
The provisions mentioned in paragraph (1) shall continue to have effect for the purposes of or for purposes connected with —
a
any alteration of a list in force immediately before 1st April 2005; or
b
any provision made by regulations under section 58 of the Act (special provision for 1995 onwards) as to the chargeable amount as regards a hereditament for a relevant period, as defined in that section, ending before 1st April 2005.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State, Office of the Deputy Prime Minister
8th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Provision of False or Misleading Information and Miscellaneous Amendments) Regulations 2005 and shall come into force on 1 August 2005.
Amendment of the Medicines (Standard Provisions for Licences and Certificates) Regulations 1971
2
1
The Medicines (Standard Provisions for Licences and Certificates) Regulations 1971 are amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation), in paragraph (1) —
a
after the definition of “BCG vaccine” insert the following definitions —
“biological medicinal product” means a product, the active substance of which is a biological substance;
“biological substance” means a substance that is produced by or extracted from a biological source and that needs for its characterisation and the determination of its quality a combination of physico-chemical-biological testing, together with the production process and its control;
; and
b
after the definition of “imported proprietary product” insert the following definition —
“intermediate product” means a substance, other than a starting material, which —
has been manufactured for use in the manufacture of medicinal products, and
is intended for further processing by a manufacturer of such products;
.
3
In Schedule 1 (standard provisions for product licences), in Part I, in paragraph 16 omit the words “as amended”.
4
In Schedule 2 (standard provisions for manufacturer’s licences) —
a
after paragraph 8A insert the following paragraph —
8AA
The licence holder shall keep readily available for examination by a person authorised by the licensing authority durable records of the details of manufacture of any intermediate products held by him which are for use in the manufacture of biological medicinal products for human use, and these records shall —
a
be in such form as to ensure that the licence holder has a comprehensive record of all matters that are relevant to an evaluation of the safety, quality and efficacy of any finished biological medicinal product for human use which he manufactures using those intermediate products; and
b
not be destroyed without the consent of the licensing authority until the records of the details of manufacture of any finished medicinal products which were or may be manufactured using those intermediate products may, in accordance with paragraph 8 above, be destroyed.
;
b
in paragraph 8B , for “8 or 8A” substitute “8, 8A or 8AA”; and
c
after paragraph 17 insert the following paragraph —
18
The licence holder shall take all reasonable precautions and exercise all due diligence to ensure that any information he provides to the licensing authority which is relevant to an evaluation of the safety, quality or efficacy of —
a
any medicinal product for human use which he manufactures; or
b
any starting materials or intermediate products that he holds which are for use in the manufacture of medicinal products for human use,
is not false or misleading in a material particular.
.
5
In Schedule 3 (standard provisions for wholesale dealer’s licences) —
a
in paragraph 7A(3)(a) , for “Articles 23 and 24 of the Second Council Directive” substitute “Articles 49 and 50 of the 2001 Directive ”; and
b
after paragraph 9 insert the following paragraph —
10
The licence holder shall take all reasonable precautions and exercise all due diligence to ensure that any information he provides to the licensing authority which is relevant to an evaluation of the safety, quality or efficacy of any medicinal product for human use which he handles, stores or distributes is not false or misleading in a material particular.
.
Amendment of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994
3
In Schedule 3 of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 (offences, penalties etc. ) —
a
after paragraph 10 insert the following paragraph —
10A
1
Any person who in the course of an application for the grant, renewal or variation of a marketing authorization for a relevant medicinal product —
a
fails to provide to the licensing authority any information which is relevant to an evaluation of the safety, quality or efficacy of the relevant medicinal product as required by point (7) or (11) of the introduction to Annex I to the 2001 Directive ; or
b
provides to the licensing authority any information which is relevant to an evaluation of the safety, quality or efficacy of the relevant medicinal product but which is false or misleading in a material particular,
shall be guilty of an offence.
2
Any person who —
a
is responsible for placing a relevant medicinal product on the market;
b
is the marketing authorization holder for a relevant medicinal product; or
c
while employed or engaged as an appropriately qualified person responsible for pharmacovigilance for the purposes of Chapter 3 of Title II of Council Regulation ( EEC ) No 2309/93 or Title IX of the 2001 Directive is required to provide information to the licensing authority about a relevant medicinal product,
who provides to the licensing authority any information which is relevant to an evaluation of the safety, quality or efficacy of the relevant medicinal product but which is false or misleading in a material particular shall be guilty of an offence.
;
b
after paragraph 13 insert the following paragraph —
13A
Any person who —
a
sells or supplies a relevant medicinal product in accordance with any of paragraphs 1 to 4 of Schedule 1; or
b
provides a specification for such a product for the purposes of paragraph 1 of that Schedule,
who provides to the licensing authority any information which is relevant to an evaluation of the safety, quality or efficacy of the relevant medicinal product but which is false or misleading in a material particular shall be guilty of an offence.
;
c
in paragraph 15, for “8, 9 or 10” substitute “8, 9, 10 or 10A”; and
d
after paragraph 16 insert the following paragraph —
17
1
A person does not commit an offence under paragraph 10A or 13A if he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
2
Where evidence is adduced which is sufficient to raise an issue with respect to that defence, the court or jury shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
.
Signed by authority of the Secretary of State for Health
Jane Kennedy
Minister of State,
Department of Health
22 June 2005
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D G Gowdy
Permanent Secretary,
Department of Health, Social Services and Public Safety
23 June 2005
Sealed with the Official Seal of the Department of Agriculture and Rural Development
Pat Toal
Permanent Secretary,
Department of Agriculture and Rural Development
24 June 2005


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Automotive Short Range Radar) (Exemption) (No. 2) Regulations 2005 and shall come into force on 1st July 2005.
Interpretation
2
In these Regulations —
a
“equipment” means equipment providing vehicle radar functions for collision mitigation and traffic safety applications;
b
“ dBm ” means decibel milliWatt;
c
“ dBm/MHz ” means decibel milliWatt per megahertz;
d
“duty cycle” means the ratio of time during any one hour period when equipment is actively transmitting;
e
“ eirp ” means effective isotropically radiated power;
f
“exclusion zone”, in relation to each of the radio astronomy stations specified in Column 1 of the Schedule, means the zone within the circle whose centre is the location (expressed by longitude and latitude coordinates) of the radio astronomy station, as specified in Column 2 of the Schedule, and whose radius is the distance specified in Column 3 of the Schedule; and
g
“vehicle” has the meaning given by Article 2 of Council Directive 70/156/ EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers , as amended .
Exemption
3
Subject to the terms, provisions and limitations set out in regulation 4, the establishment or installation of equipment in a vehicle and the use of equipment so established or installed is hereby exempt from the provisions of section 1(1) of the Wireless Telegraphy Act 1949.
Terms, provisions and limitations
4
1
The establishment or installation must be in a vehicle which has not yet been registered, placed on the market or put into service in the Community, or must be in a vehicle in which equipment was so established or installed in order to replace that equipment.
2
Equipment must —
a
only operate when the vehicle in which it is established or installed is active;
b
only operate in the frequency band between 21.65 gigahertz and 26.65 gigahertz; and
c
not cause undue interference to other users of the frequency band between 21.65 gigahertz and 26.65 gigahertz.
3
Transmissions from any ultra wide band part of the equipment must —
a
at frequencies between 22.00 gigahertz and 26.65 gigahertz have a mean power density no greater than -41.3 dBm/MHz eirp and a peak power density no greater than 0 dBm in any 50 megahertz; and
b
at frequencies between 21.65 gigahertz and 22.00 gigahertz have a mean power density no greater than -61.3 dBm/MHz eirp and a peak power density no greater than 0 dBm in any 50 megahertz.
4
Any narrow band component of the equipment must —
a
only operate in the frequency band 24.05 gigahertz to 24.25 gigahertz;
b
transmit with a peak power no greater than 20 dBm eirp; and
c
where transmitting with a peak power greater than -10 dBm eirp have a duty cycle which does not exceed 10%.
5
Any part of equipment which operates in the frequency band between 23.60 gigahertz and 24.00 gigahertz shall attenuate power emissions that appear 30 degrees or greater above the horizontal plane by at least 25 decibels.
6
The exemption from the provisions of section 1(1) of the Wireless Telegraphy Act 1949 does not apply to use of equipment operating in the frequency band between 22.21 gigahertz and 24.00 gigahertz when the vehicle in which that equipment is established or installed is within an exclusion zone.
7
Equipment operating in the frequency band between 22.21 gigahertz and 24.00 gigahertz must —
a
automatically deactivate so that all emissions cease while the vehicle in which it is established or installed is within an exclusion zone; or
b
be capable of manual deactivation so that all emissions cease while the vehicle in which it is established or installed is within an exclusion zone.
Stephen Carter
Chief Executive of the Office of Communications For and by authority of the Office of Communications
10th June 2005


text:
Citation, interpretation and application
1
1
This Order may be cited as the Children Act 2004 (Commencement No. 1) Order 2005.
2
In this Order “ the Act ” means the Children Act 2004.
3
This Order applies to England except for Article 2(1)(j) which applies to England and Wales.
Provisions coming into force
2
1
The following provisions of the Act shall come into force on 1st March 2005 —
a
section 11(arrangements to safeguard and promote welfare) for the purposes of making an order under section 11(1)(d);
b
sections 13 (establishment of LSCBs), 14 (functions and procedure of LSCBs) and 16 (LSCBs: supplementary) for the purposes of making regulations;
c
section 17 (children and young people’s plans);
d
sections 20 (joint area reviews), 21 (framework), 22 (co-operation and delegation) and 23 (sections 20 to 22: interpretation);
e
section 48 (child minding and day care) and paragraph 1 of Schedule 4 in so far as they relate to paragraphs 2, 5 and 7 to 9 of Schedule 4;
f
section 50 (intervention);
g
section 53 (ascertaining children’s wishes);
h
section 54 (information about individual children);
i
section 57 (fees payable to adoption review panel members);
j
section 60 (child safety orders);
k
paragraphs 2, 5 and 7 to 9 of Schedule 4;
l
Part 1 of Schedule 5; and
m
Part 2 of Schedule 5 in so far as it relates to section 79G(2) of, and paragraph 4(3A)(b) of Schedule 9A to, the Children Act 1989 .
2
The following provisions of the Act shall come into force on 1st April 2005 —
a
section 10 (co-operation to improve well-being);
b
section 18 (director of children’s services);
c
section 24 (performance rating of social services);
d
section 44 (amendments to notification scheme) for the purposes of making regulations;
e
section 51 (inspection of local education authorities);
f
section 55 (social services committees); and
g
Parts 3 and 4 of Schedule 5.
3
The following provisions of the Act shall come into force on 1st July 2005 —
a
section 44 (amendments to notification scheme) in so far as it is not already in force; and
b
section 52 (duty of local authorities to promote educational achievement).
4
Section 11 (arrangements to safeguard and promote welfare) shall come into force on 1st October 2005 in so far as it is not already in force.
Margaret Hodge
Minister of State
Department for Education and Skills
25th February 2005


text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicles (Operators' Licences) (Fees) (Amendment) Regulations 2005 and shall come into force on 30th September 2005.
Amendments
2
The Schedule to the Public Service Vehicles (Operators' Licences) (Fees) Regulations 1995 (the “principal Regulations”) is amended by substituting —
a
in relation to fee number (i), “£202” for “£179”;
b
in relation to fee number (ii), “£134” for “£119”;
c
in relation to fee numbers (iii) and (iv), respectively —
i
in column 3, “£134” for “£119”; and
ii
in column 5, “£27” for “£24” in each place where it occurs;
d
in relation to fee number (v), “£102” for “£90”;
e
in relation to fee number (vi) —
i
in column 3, “£5.75” for “£5.10”; and
ii
in column 5, “£6.50” for “£5.90”;
f
in relation to fee numbers (vii) and (viii), respectively, “£53” for “£47”; and
g
in relation to fee number (ix), “£14.00” for “£12.50”.
Transitional provisions
3
Where a decision has been made before 30th September 2005 on an application for the grant of a standard or restricted licence under section 14(1) of the Public Passenger Vehicles Act 1981 , the fee prescribed in the principal Regulations immediately before the coming into force of these Regulations applies notwithstanding that the period of 21 days within which it is payable has not expired before that date.
Signed by authority of the Secretary of State
S J Ladyman
Minister of State
Department for Transport
20th August 2005


text:
Citation, commencement, effect and interpretation
1
1
These Regulations may be cited as the Tax Credits Up-rating Regulations 2005 and shall come into force on 6th April 2005.
2
In these Regulations
“the Child Tax Credit Regulations ” means the Child Tax Credit Regulations 2002
“the Entitlement Regulations ” means the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
“the Income Thresholds Regulations ” means the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002
3
These Regulations have effect in relation to awards of tax credits for the tax year beginning on 6th April 2005 and subsequent tax years.
Amendment of Child Tax Credit Regulations
2
1
The Child Tax Credit Regulations are amended as follows.
2
In regulation 7(4) (individual element) —
a
in sub-paragraph (a) for “£3,840” substitute “£3,975”;
b
in sub-paragraph (b) for “£4,730” substitute”£4,895”;
c
in sub-paragraph (c) for “£1,625” substitute “£1,690”;
d
in sub-paragraph (d) for “£3,840” substitute “£3,975”;
e
in sub-paragraph (e) for “£4,730” substitute “£4,895”;
f
in sub-paragraph (f) for “£1,625” substitute “£1,690”.
Amendment of the Entitlement Regulations
3
1
In regulation 20(3) of the Entitlement Regulations(maximum rate of the child care element of a working tax credit) —
a
in sub-paragraph (a) for “£135” substitute “£175”.
b
in sub-paragraph (b) for “£200” substitute “£300”.
2
For the Table in Schedule 2 to the Entitlement Regulations substitute the Table set out in the Schedule to these Regulations.
Amendment of the Income Thresholds Regulations
4
1
In regulation 3(2) of the Income Thresholds Regulations (first income threshold for those entitled to working tax credit) for “£5,060” substitute “£5,220”.
2
In regulation 3(3) of the Income Thresholds Regulations (first income threshold for those entitled to child tax credit) for “£13,480” substitute “£13,910”.
3
In regulation 7(3) (determination of rate of working tax credit) for “£5,060” (threshold amount shown at step 4) substitute “£5,220”.
4
In regulation 8(3) (determination of child tax credit) for “£13,230” (threshold amount shown at step 4) substitute “£13,910”.
Joan Ryan
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2005


text:
1
This Order may be cited as the Value Added Tax (Refund of Tax to Museums and Galleries) (Amendment) Order 2005 and comes into force on 10th August 2005.
2
The Value Added Tax (Refund of Tax to Museums and Galleries) Order 2001 is amended as follows.
3
At the end of the Schedule, after the entry for “National Library of Scotland”, insert —
Keele University
Keele University Art Gallery
Keele Arts
Keele University,
Staffordshire ST5 5BG
1 August 2004 Lancaster University
Peter Scott Gallery
Lancaster University
Lancaster LA1 4YW
1 August 2004
Ruskin Library
Lancaster University
Lancaster LA1 4YH
1 August 2004 London Metropolitan University
The Women’s Library
London Metropolitan University
Old Castle Street
London E1 7NT
1 August 2004 Manchester Metropolitan University
Manchester Metropolitan University Special Collections
Sir Kenneth Green Library
All Saints
Manchester M15 6BH
1 August 2004 Middlesex University
Museum of Domestic Design and Architecture
Middlesex University
Cat Hill
Barnet
Hertfordshire EN4 8HT
1 August 2004 Queen’s University, Belfast
The Naughton Gallery
at Queen’s and
Queen’s University Art Collection
Lanyon Building
Queen’s University
Belfast BT7 1NN
1 August 2004 School of Oriental and African Studies
Percival David Foundation of Chinese Art
53 Gordon Square
London WC1H 0PD
1 August 2004 The Royal Academy of Music
York Gate Collections
Royal Academy of Music
Marylebone Road
London NW1 5HT
1 August 2004 The Royal College of Surgeons of England
Hunterian Museum at the Royal
College of Surgeons
35-43 Lincoln’s Inn Fields
London WC2A 3PE
1 August 2004 University of Aberdeen
Marischal Museum
University of Aberdeen
Marischal College
Broad Street
Aberdeen
Scotland AB10 1YS
1 August 2004
Natural Philosophy Collection
University of Aberdeen
Department of Physics
Fraser Noble Building
King’s College
Aberdeen
Scotland AB24 3UE
1 August 2004
Zoology Museum
University of Aberdeen Zoology Building
Tillydrone Avenue
Aberdeen
Scotland AB24 2TZ
1 August 2004 University of Birmingham
Barber Institute of Fine Arts
University of Birmingham Edgbaston
Birmingham B15 2TS
1 August 2004
Lapworth Museum of Geology
University of Birmingham Edgbaston
Birmingham B15 2TT
1 August 2004 University of Bristol
University of Bristol Theatre Collection
Cantocks Close
Bristol BS8 1UP
1 August 2004 University of Cambridge
Sedgwick Museum of Earth Sciences
3 Downing Street
Cambridge CB2 3EQ
1 August 2004
University Museum of Zoology
Cambridge
Downing Street
Cambridge CB2 3EJ
1 August 2004
The Fitzwilliam Museum Cambridge
Trumpington Street
Cambridge CB2 1RB
1 August 2004 University College Chichester
Otter Gallery
University College Chichester
Bishop Otter Campus
College Lane
Chichester
W Sussex PO19 6PE
1 August 2004 University of East Anglia
The Sainsbury Centre for Visual Arts
University of East Anglia
Norwich NR4 7TJ
28 October 2004 University of Edinburgh
Talbot Rice Gallery
The University of Edinburgh
Old College
South Bridge
Edinburgh EH8 9YL
1 August 2004 University of Exeter
The Bill Douglas Centre for the History of Cinema and Popular Culture
The Old Library
Prince of Wales Road
Exeter EX4 4SB
1 August 2004 University of Glamorgan
University of Glamorgan Artworks Collection
Oriel y Bont
The University of Glamorgan
Treforest
Pontypridd CF37 1DL
1 August 2004 University of Glasgow
Hunterian Museum
Gilbert Scott Building
University of Glasgow
University Avenue
Glasgow G12 8QQ
1 August 2004
Hunterian Art Gallery
82 Hillhead Street
University of Glasgow
Glasgow G12 8QQ
1 August 2004
Zoology Museum
Graham Kerr Building
University of Glasgow
University Avenue
Glasgow G12 8QQ
1 August 2004 University of Hull
University of Hull Art Collection
University of Hull
Hull HU6 7RX
1 August 2004 University of Kent
Centre for the Study of Cartoons and Caricature
Templeman Library
University of Kent
Canterbury CT2 7NU
1 August 2004 University of Manchester
Labour History Archive and Study Centre
People’s History Museum
Head Office
103 Princess Street
Manchester M1 6DD
1 August 2004
The John Rylands Library
150 Deansgate
Manchester M3 3EH
1 August 2004
The Manchester Museum
Oxford Road
Manchester M13 9PL
1 August 2004
Whitworth Art Gallery
The University of Manchester
Oxford Road
Manchester M15 6ER
1 August 2004 University of Newcastle upon Tyne
Hancock Museum
Barras Bridge
Newcastle upon Tyne NE2 4PT
28 February 2005
Hatton Gallery
University of Newcastle upon Tyne
Newcastle upon Tyne NE1 7RU
1 August 2004
Museum of Antiquities
University of Newcastle upon Tyne
Newcastle upon Tyne NE1 7RU
1 August 2004
Shefton Museum of Greek Art & Archaeology
University of Newcastle upon Tyne
Newcastle upon Tyne NE1 7RU
1 August 2004 University of Northumbria at Newcastle
University Gallery and Baring Wing
Northumbria University
Sandyford Road
Newcastle-upon-Tyne NE1 8ST
1 August 2004 University of Oxford
Ashmolean Museum of Art and Archaeology Beaumont Street
Oxford OX1 2PH
1 August 2004
Oxford University Museum of Natural History
Parks Road
Oxford OX1 3PW
1 August 2004
Pitt Rivers Museum
South Parks Road
Oxford OX1 3PP
1 August 2004 University of Reading
Cole Museum of Zoology
School of Animal and Microbial Sciences
University of Reading
Whiteknights
Reading RG6 6AJ
1 August 2004
Museum of English Rural Life
University of Reading
Redlands Road
Reading RG15EX
1 August 2004
Ure Museum of Greek Archaeology
University of Reading
Room 38
HUMUSS Building
Whiteknights
Reading RG6 6AH
1 August 2004 University of Strathclyde
Collins Gallery
University of Strathclyde
22 Richmond Street
Glasgow G1 1XQ
1 August 2004 University of Wales Aberystwyth
Ceramics Gallery
The University of Wales
Buarth Mawr
Aberystwyth
Ceredigion SY23 1NG
1 August 2004
School of Art Gallery and Museum
The University of Wales
Buarth Mawr
Aberystwyth
Ceredigion SY23 1NG
1 August 2004 University of Wales Swansea
Egypt Centre
University of Wales Swansea
Singleton Park
Swansea SA2 8PP
1 August 2004
Gillian Merron
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
19th July 2005


text:
Citation and commencement
1
These Regulations may be cited as the Motor Cars (Driving Instruction) (Amendment) Regulations 2005 and shall come into force on 1st November 2005.
Amendment of the Motor Cars (Driving Instruction) Regulations 2005
2
The Motor Cars (Driving Instruction) Regulations 2005 are amended in accordance with regulations 3 and 4.
3
In regulation 8(5), for “throughout the test” there shall be substituted “,when the examiner is playing the role referred to in regulation 7(1)(a) or (b),”.
4
In regulations 10(2)(c) and 11(2)(c) after “or other form of assessment” there shall in both cases occurring be inserted “(where such test or assessment was conducted by any person for the Secretary of State)”.
Signed by authority of the Secretary of State
S J Ladyman
Minister of State
Department for Transport
29th September 2005


text:
1
This Order may be cited as the Criminal Justice and Police Act 2001 (Amendment) Order 2005 and shall come into force on the day after the day on which it is made.
2
1
The Table in section 1(1) of the Criminal Justice and Police Act 2001 is amended as follows.
2
After the entry relating to section 169A of the Licensing Act 1964 , insert–
Section 169C(1)of the Licensing Act 1964 (c. 26) Buying or attempting to buy alcohol by a person under 18
.
3
After the entry relating to section 169F of the Licensing Act 1964, insert–
Section 172(3) of the Licensing Act 1964 (c. 26) Selling alcohol to a drunken person
.
Scotland of Asthal, Q.C.
Minister of State
Home Office
3rd April 2005


text:
Citation
1
This Order may be cited as the Armed Forces (Pensions and Compensation) Act 2004 (Commencement No. 3) Order 2005.
Commencement
2
The following provisions of the Armed Forces (Pensions and Compensation) Act 2004 shall come into force on 11 November 2005:
1
Section 6;
2
Schedule 2.
3
Schedule 3 to the Armed Forces (Pensions and Compensation) Act 2004, in so far as it is not already in force, shall come into force on 1 January 2006.
Don Touhig
Parliamentary Under Secretary of State Ministry of Defence
7th November 2005


text:
This Order may be cited as the General Medical Council (Constitution of Panels and Investigation Committee) (Amendment) Rules Order of Council 2005, and shall come into force on 1st April 2005.
A. K. Galloway
Clerk of the Privy Council