text:
Citation, interpretation and application
1
1
This Order may be cited as the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) (Amendment) Order 2005.
2
In this Order “the No. 9 Order ” means the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001 .
Amendment of the No. 9 Order
2
1
The No. 9 Order is amended in accordance with the following paragraphs of this article.
2
In paragraph 15 (providers and managers not eligible for registration before the commencement of the Act) of Schedule 1 —
a
after sub-paragraph (2) insert the following sub-paragraphs —
2A
This sub-paragraph applies to any person who carries on or manages an adoption support agency and duly makes an application before 30th December 2005 for registration under Part 2 of the Act as a person who carries on or manages such an agency .
2B
This sub-paragraph applies to any person who manages an existing agency within the meaning of paragraph 15A(5) and duly makes an application before 30th December 2005 for registration under Part 2 of the Act as the person who from 30th December 2005 will manage that agency.
; and
b
in paragraph (3) for “or (2)” insert “, (2), (2A) or (2B)”.
3
After paragraph 15 insert the following paragraphs —
Approved adoption societies and appropriate voluntary organisations which wish to be registered in respect of an adoption support agency
15A
1
An existing agency shall by not later than 21st December 2005 or such later date as may be agreed by the existing agency with the CSCI (but not later than 29th December 2005) —
a
complete the transfer of registration form made available for that purpose; and
b
provide a copy of the form so completed to —
i
the CSCI; and
ii
the Secretary of State.
2
Where an existing agency which is an approved adoption society has complied with sub-paragraph (1), the agency shall, with effect from 30th December 2005, be treated, for the purposes of Part 2 of the Act, as having applied for and been granted registration in respect of the existing agency as an adoption support agency subject to, in a case where the agency has indicated on the transfer of registration form that it intends to provide adoption support services —
a
to children only; or
b
to adults only,
a condition that the agency may only provide such services and that condition shall have effect from 30th December 2005, for the purposes of section 19(1) of the Act, as if it had been agreed in writing between the agency and the CSCI.
3
Where an existing agency which is an appropriate voluntary organisation has complied with sub-paragraph (1), the agency shall, with effect from 30th December 2005, cease to be registered as an appropriate voluntary organisation and shall be treated, for the purposes of Part 2 of the Act, as having applied for and been granted registration in respect of the existing agency as an adoption support agency subject to, in a case where the agency has indicated on the transfer of registration form that it intends to provide adoption support services —
a
to children only; or
b
to adults only,
a condition that the agency may only provide such services and that condition shall have effect from 30th December 2005, for the purposes of section 19(1) of the Act, as if it had been agreed in writing between the agency and the CSCI.
4
The provisions of sub-paragraphs (2) and (3) are without prejudice to the powers of the CSCI to vary, remove or impose any conditions in accordance with Part 2 of the Act.
5
In this paragraph and paragraph 15B —
“adoption support services” means in addition to the services set out in section 2(6)(a) of the Adoption and Children Act 2002 , the services prescribed for the purposes of that Act by the Secretary of State ;
“an appropriate voluntary organisation” has the same meaning as in section 1(5) of the Adoption Act 1976 ;
“an approved adoption society” means an agency which has continued to be approved, under paragraph 3(2) of the Schedule to the No. 17 Order as an adoption society under Part 1 of the Adoption Act 1976 subject to a condition that the agency may provide section 51 counselling only;
“the CSCI” means the Commission for Social Care Inspection ;
“an existing agency” means —
an approved adoption society which wishes to be registered in respect of an adoption support agency; or
an appropriate voluntary organisation which intends to cease to act as such and wishes to be registered in respect of an adoption support agency;
“the No. 17 Order” means the Care Standards Act 2000 (Commencement No. 17 (England) and Transitional and Savings Provisions) Order 2003 ; and
“section 51 counselling” has the same meaning as in the No. 17 Order.
Provision of adoption support services by appropriate voluntary organisations
15B
1
An appropriate voluntary organisation which intends to provide adoption support services from 30th December 2005 shall by not later than 21st December 2005 or such later date as may be agreed by the organisation and the CSCI (but not later than 29th December 2005) complete a form provided for that purpose by the CSCI and provide a copy of that form so completed to the CSCI.
2
Where an appropriate voluntary organisation complies with sub-paragraph (1) and has indicated on the form that it intends to provide adoption support services —
a
to children only; or
b
to adults only,
it is to be treated as being registered subject to (in addition to any other conditions for the time being in force in relation to its registration) a condition that the organisation may provide adoption support services to children only or, as the case may be, adults only and that condition shall have effect from 30th December 2005, for the purposes of section 19(1) of the Act, as if it had been agreed in writing between the organisation and the CSCI.
3
Where an appropriate voluntary organisation does not intend to provide adoption support services from 30th December 2005 it shall notify the CSCI by not later than 21st December 2005 or such later date as may be agreed by the organisation and the CSCI (but not later than 29th December 2005) and it is to be treated as being registered subject to (in addition to any other conditions for the time being in force in relation to its registration) a condition that it may not provide adoption support services and that condition shall have effect from 30th December 2005, for the purposes of section 19(1) of the Act, as if it had been agreed in writing between the organisation and the CSCI.
4
The provisions of sub-paragraphs (2) and (3) are without prejudice to the powers of the CSCI to vary, remove or impose any conditions in accordance with Part 2 of the Act.
.
Maria Eagle
Parliamentary Under Secretary of State
Department for Education and Skills
8th December 2005


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This order may be cited as the Castle Vale Housing Action Trust (Dissolution) Order 2005 and shall come into force on 31st March 2005.
Interpretation
2
In this Order —
“the 1981 Act ” means the New Towns Act 1981 ;
“commencement date” means the date specified in article 1;
“ the Commission ” means the Commission for New Towns ;
“the dissolution date” means the date specified in article 6;
“relevant function” means a function which is exercisable by the Trust in connection with any of the property, rights or liabilities transferred by this Order;
“the Trust” means the Castle Vale Housing Action Trust which was established by the Castle ValeHousing Action Trust (Area and Constitution) Order 1993 .
Transfer of property, rights, liabilities and functions to the Commission
3
1
Subject to paragraph (2), any property, rights and liabilities remaining vested in the Trust immediately before the commencement date, and any relevant function, shall be transferred to the Commission on that date.
2
Paragraph (1) shall not apply in respect of any property, rights, liabilities or relevant functions which the Trust has notified in writing to the Commission, not less than 14 days before the commencement date, as those which it thinks necessary or expedient to retain for the purpose of preparing its final accounts and report and winding up its affairs.
3
Any property, rights and liabilities remaining vested in the Trust immediately before the dissolution date, and any relevant function, shall be transferred to the Commission on that date.
Additional purposes of the Commission
4
1
The purposes for which the Commission exists, as mentioned in section 36(1) of the 1981 Act (functions of the Commission), shall also include —
a
to take over and, with a view to its eventual disposal, to hold, manage and turn to account the property of the Trust transferred to the Commission by article 3, and
b
as soon as it considers expedient to do so, to dispose of property so transferred, and
c
to carry out any functions so transferred.
2
In this article —
a
any reference to property includes a reference to rights and liabilities; and
b
in relation to liabilities, any reference to disposal includes a reference to extinguishment.
Restrictions on additional functions of the Commission
5
Section 37 of the 1981 Act shall have effect as if any reference to section 36 included a reference to article 4.
Dissolution of the Trust
6
The Trust shall be dissolved on 30th June 2005.
Revocation of Order
7
The Castle Vale Housing Action Trust (Area and Constitution) Order 1993 is revoked on the dissolution date.
Keith Hill
Minister of State Office of the Deputy Prime Minister
28th February 2005


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) Regulations 2005 and shall come into force on 30th September 2005.
Preliminary
2
The Goods Vehicles (Plating and Testing) Regulations 1988 shall be amended as follows.
Amendment to regulation 12 (manner of making application for first examinations or periodical tests, and fees)
3
In regulation 12(3), for the Table there shall be substituted the following Table —
TABLE
Description of vehicle Fee (£)
Motor vehicle with 2 axles 46.00 Motor vehicle with 3 axles 66.00 Motor vehicle with 4 or more axles 86.00 Trailer with 1 axle 23.00 Trailer with 2 axles 34.00 Trailer with 3 or more axles 44.00
Amendment to regulation 16 (fees for re-tests)
4
In regulation 16(1), for the Table there shall be substituted the following Table —
TABLE
Description of vehicle Fee (£)
Motor vehicle with 2 axles 30.00 Motor vehicle with 3 axles 44.00 Motor vehicle with 4 or more axles 57.00 Trailer with 1 axle 15.00 Trailer with 2 axles 22.00 Trailer with 3 or more axles 29.00
Further amendments relating to fees
5
In the regulations specified in column (1) of the following Table for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
TABLE
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
12(4) 28.50 32 18 20 12(4A) 10 11 5 6 16(4) 14 16 10 11 16(4A) 6 7 2.50 3 16(5) 28.50 32 18 20 16(5A) 10 11 5 6 34(1) 19 22 34(2) 10 11 34(2A) 6 7 2 3 37B(2) 19 22
Amendment to paragraph 8 of Schedule 2 (classes of vehicles to which these Regulations do not apply)
6
In paragraph 8 of Schedule 2, after the words “Vehicles designed” there shall be added “and used solely”.
Signed by authority of the Secretary of State
S J Ladyman
Minister of State
Department for Transport
20th August 2005


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) (No.2) Regulations 2005 and shall come into force on 31st October 2005.
Amendment of Regulations
2
In regulation 33 of the Road Vehicles (Registration and Licensing) Regulations 2002 Regulations (nil licences), after paragraph (8) there shall be inserted —
8A
Section 22ZA of the 1994 Act shall apply to information of the following descriptions —
a
the name of any person to whom —
i
disability living allowance or mobility supplement is payable; or
ii
disability living allowance has ceased to be payable and who would be entitled to receive the mobility component at the higher rate but for his failure to satisfy a condition referred to in paragraph 19(2A)(b) of Schedule 2 to the 1994 Act;
b
that person’s date of birth and National Insurance number; and
c
if applicable, the date on which the allowance or supplement, as appropriate, will cease to be payable.
8B
For the purposes of paragraph (8A) —
“disability living allowance” means a disability living allowance for the purposes of section 71 of the Social Security Contributions and Benefits Act 1992 (disability living allowance);
“mobility component” means the mobility component of a disability living allowance and “higher rate” means the higher rate of the mobility component for the time being prescribed under section 73 of that Act (the mobility component); and
“mobility supplement” has the meaning which that expression bears in paragraph 19 of Schedule 2 to the 1994 Act.
.
Signed by authority of the Secretary of State
S J Ladyman
Minister of State
Department for Transport
29th September 2005


text:
Citation and commencement
1
1
These Regulations may be cited as the Railways (Penalty Fares) (Amendment) Regulations 2005.
2
These Regulations shall come into force on 3rd May 2005.
Amendment of the Railways (Penalty Fares) Regulations 1994
2
1
The Railways (Penalty Fares) Regulations 1994 shall be amended as follows.
2
In regulation 5(1), for “£10.00” substitute “£20.00”.
3
In regulation 5(5), for “£10.00” substitute “£20.00”.
4
In regulation 10(2), for “or section 129 of the Railways Act 1993” substitute “section 129 of the Railways Act 1993 or section 219 of the Transport Act 2000 ”.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Minister of State
Department for Transport
4th April 2005


text:
Citation and commencement
1
This Order may be cited as The Haringey London Borough Council (Temporary Governing Body) Order 2005 and shall come into force on 9th December 2005.
Exemption
2
Regulation 19 of and paragraph 1 of Schedule 2 to the New Schools (General) (England) Regulations 2003 shall not, in respect of the constitution of the temporary governing body of the Haringey Sixth Form Centre, apply to the authority.
Time period
3
This Order shall have effect until 8 th December2008.
Jacqui Smith
Minister of State
Department for Education and Skills
6th November 2005


text:
Title, commencement, extent and interpretation
1
1
This Order may be cited as The North-West, Severn-Trent and Welsh Regional Flood Defence Committees (Boundaries Alteration) Order 2005 and shall come into force on 1 st April 2006.
2
This Order extends to England and Wales only.
3
In this Order —
“main river map” means a main river map that the Agency is required to keep under section 193 of the Water Resources Act 1991 ;
“the North-West committee” means the North-West Regional Flood Defence Committee, being the regional flood defence committee established by section 14 of the Environment Act 1995 for which the councils for the counties and metropolitan districts specified in the Schedule to the North-West Regional Flood Defence Committee Order 1998 are the constituent councils;
“the Severn-Trent committee” means the Severn-Trent Regional Flood Defence Committee, being the regional flood defence committee established by section 14 of the Environment Act 1995 for which the councils for the counties and metropolitan districts specified in the Schedule to the Severn-Trent Regional Flood Defence Committee Order 1998 are the constituent councils; and
“the Welsh committee” means the Welsh Regional Flood Defence Committee, being the regional flood defence committee established by section 14 of the Environment Act 1995 for which the councils for the county boroughs and counties specified in the Schedule to the Regional Flood Defence Committee (Welsh Region) Order 1996 are the constituent councils.
4
In this Order a group of two letters and eight figures identifying any point represents the map co-ordinates of that point estimated to the nearest ten metres on the grid of the national reference system used by the Ordnance Survey on its maps and plans.
5
The map by reference to which tidal waters are included within the area of the Welsh Committee by virtue of article 2(1) below is generated from the Ordnance Survey Map 1/25,000 scale digital map data, version October 2004.
Alteration of boundaries
2
1
The boundary of the area of the Welsh committee shall be altered so as to align the area of that committee with the area of Wales, save that there shall be retained within the area of that committee the following waters, in so far as they are below low-water mark —
a
tidal waters adjoining the mouth of the River Tawe to landward of a line drawn between point SS 66549170 and point SS 66669148;
b
tidal waters to landward of a line drawn between point ST 12626661 and point ST 12536654 at the entrance to Barry Docks; and
c
tidal waters adjoining the mouth of the River Avan to landward of a line drawn between point SS 74578875 and point SS 74488852.
2
The boundary of the area of the Severn-Trent committee shall be altered so as to exclude from the area of that committee any part of Wales and to include in the area of that committee any part of Herefordshire, Worcestershire or Gloucestershire that is no longer within the area of the Welsh committee by virtue of paragraph (1).
3
The boundary of the area of the North-West committee shall be altered so as to include within the area of that committee any part of Cheshire, Shropshire or Wirral that is no longer within the area of the Welsh committee by virtue of paragraph (1).
Appointment of members to the Welsh committee
3
1
The Regional Flood Defence Committee (Welsh Region) Order 1996 shall be amended as follows––
a
in article 2(2), for “eleven” substitute “nine”;
b
in the column in the Schedule headed “Constituent Councils”, delete “Cheshire; Wirral; Shropshire” and “Hereford and Worcester; Gloucestershire”; and
c
in the column in the Schedule headed “Number of Members”, delete the figure “1” corresponding to the entries deleted by sub-paragraph (b).
2
The total number of members of the Welsh committee shall be seventeen.
Signed on behalf of the National Assembly for Wales,
D.Elis-Thomas
The Presiding Officer of the National Assembly
20th September 2005
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
24th September 2005


text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) (No.3) Regulations 2005 and shall come into force on 12th December 2005.
Modification of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations
2
After regulation 4, in Part II, of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 there shall be added —
Alternative prescribed conditions
4A
The prescribed conditions as to the fitness of a vehicle contained in Part II may alternatively be met by a vehicle satisfying the requirements in such of the Annexes to Directive 2001/85/ EC of the European Parliament and of the Council of 20 November 2001, relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the drivers seat, and amending Directives 70/156/ EEC and 97/27/EC , as apply to it.
.
Signed by authority of the Secretary of State
S.J. Ladymam
Minister of State
Department for Transport
27th October 2005


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Inherited SERPS)(Amendment) Regulations 2005 and shall come into force on 6th April 2005.
Amendment of the Social Security (Inherited SERPS) Regulations 2001
2
In the Social Security (Inherited SERPS) Regulations 2001 —
a
after paragraph (3) of regulation 2 (modification of Part II of the Contributions and Benefits Act) there shall be added the following paragraph —
4
Where, on or after 6th April 2006, a person becomes a person of a description specified in Column 1 of the Schedule to these Regulations and entitled to a widowed person’s lump sum under paragraph 7A of Schedule 5 to the Contributions and Benefits Act , paragraph 7B(3) of Schedule 5 to that Act shall have effect so that the half of the additional pension specified in paragraph (b) of the definition of “P” is increased by the percentage specified in Column 2 of the Schedule to these Regulations.
;
b
in the heading to the Schedule, for “Regulation 2(2)” there shall be substituted “Regulation 2(2) and (4)”;
c
at the end of the title to the Schedule, there shall be added the words “AND IN THE PROPORTION OF ADDITIONAL PENSION USED IN THE CALCULATION OF A WIDOWED PERSON'S LUMP SUM PAYABLE TO SUCH PERSONS”.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
15th March 2005


text:
Citation and commencement
1
This Order may be cited as the Town and Country Planning (Isles of Scilly) Order 2005 and shall come into force on 24th August 2005.
Interpretation
2
In this Order —
“the 2004 Act ” means the Planning and Compulsory Purchase Act 2004;
“the 1990 Act ” means the Town and Country Planning Act 1990;
“ the Council ” means the Council of the Isles of Scilly; and
“ England ” means England excluding the Isles of Scilly.
Exercise of planning functions
3
Subject to article 4, the Council shall exercise for the Isles of Scilly all functions under the 1990 Act and Part 2 of the 2004 Act exercisable by a local planning authority or a mineral planning authority for their respective areas in England.
Exceptions, adaptations and modifications
4
1
It is directed that the following exceptions from, and adaptations and modifications of, the 1990 Act and the 2004 Act shall have effect —
a
any reference to a local planning authority, except in paragraph 7(1) of Schedule 1 to the 1990 Act, or to a mineral planning authority, shall include a reference to the Council;
b
any reference to the council of a county shall include a reference to the Council;
c
any reference to a district shall include a reference to the Isles of Scilly, and any reference to the council of a district shall include a reference to the Council;
d
any requirement as to–
i
consultation between a local planning authority or a mineral planning authority or the council of a county, and the council of a district;
ii
consultation between the council of a county, and a local planning authority; or
iii
the giving of notice by any body mentioned in sub-paragraphs (i) or (ii) to any other such body,
shall not apply.
2
It is directed that section 4 (assistance from certain local authorities) of the 2004 Act shall have effect as if, in subsection (4), after paragraph (d), there were inserted —
e
the Council of the Isles of Scilly.
.
Revocations, transitional provisions and savings
5
1
Article 4 of the Planning and Compulsory Purchase Act 2004 (Commencement No 2, Transitional Provisions and Savings) Order 2004 , in so far as it relates to the Isles of Scilly, is revoked.
2
The Town and Country Planning (Isles of Scilly) Order 1992 is revoked subject to paragraph (3) of this article.
3
For the purposes of Schedule 8 to the 2004 Act (Transitional Provisions: Parts 1 and 2) and the Town and Country Planning (Transitional Arrangements) (England) Regulations 2004 , the provisions set out in the Town and Country Planning (Isles of Scilly) Order 1992 shall continue to have effect as if those provisions had not been revoked.
4
The Town and Country Planning (Isles of Scilly) Order 1990 is revoked.
Signed by authority of the First Secretary of State
Yvette Cooper
Minister of State
Office of the Deputy Prime Minister
25th July 2005


text:
Citation, commencement and application
1
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) (England) (No.2) Order 2005 and shall come into force on 7th March 2005.
2
This Order applies in England only.
Specified bodies
2
Money Partners Limited (Company No. 4992438) and Money Partners Finance Limited (Company No. 4992856) are hereby specified as approved lending institutions for the purposes of section 156 of the Housing Act 1985 (priority of charges) .
Signed by authority of the First Secretary of State
Keith Hill
Minister of State, Office of the Deputy Prime Minister
28th February 2005


text:
Citation and commencement
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Collective Investment Schemes) (Amendment) Order 2005.
2
This Order comes into force on 8th February 2005.
Amendment of the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001
2
1
The Schedule to the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001 (arrangements not amounting to a collective investment scheme) is amended as follows.
2
At the end of paragraph 7 (certain funds relating to leasehold property), add “or which would be such a trust fund if the landlord were not an exempt landlord within the meaning of section 58(1) of that Act”.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
17th January 2005


text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Cross-border Activities) Regulations 2005 and shall come into force on 30th December 2005.
Interpretation
2
1
In these Regulations —
“accrued European rights” means —
in relation to a European member of the scheme —
any rights which have accrued to or in respect of that European member to future benefits under the scheme rules, or
any entitlement to the present payment of a pension or other benefit under the scheme rules,
to the extent that those rights or entitlement result from the periods when that European member was —
both employed by a European employer and a qualifying person, or
a qualifying self-employed person, and
in relation to a European survivor, any entitlement to benefits, or right to future benefits, under the scheme rules in respect of a European member to the extent that that right or entitlement results from the periods when that European member was —
both employed by a European employer and a qualifying person, or
a qualifying self-employed person;
“ the Act ” means the Pensions Act 2004 (unless the context otherwise requires, any reference to a numbered section being to the section so numbered in that Act);
“the 1993 Act ” means the Pension Schemes Act 1993 ;
“the 1995 Act ” means the Pensions Act 1995 ;
“the 1999 Act ” means the Welfare Reform and Pensions Act 1999 ;
“actuarial valuation” shall be construed in accordance with section 224 (actuarial valuations and reports), and includes an actuarial valuation obtained by the trustees or managers of a scheme for any purpose, including that of making an application under section 288 (general authorisation to accept contributions from European employers) or section 289 (approval in relation to particular European employer);
“the commencement date” is the date referred to in regulation 1;
“cross-border scheme” means a scheme which applies to European members or in relation to which there are European survivors;
“the effective date” shall be construed in accordance with section 224(2);
“employment” includes any trade, business, profession, office or vocation and “employed” shall be construed accordingly;
“European employer” has the meaning given in regulation 3(1);
“European member” means a member of a scheme who is, or was, —
a qualifying person in respect of whom contributions were made to the scheme by a European employer, or
a qualifying self-employed person who has made contributions to the scheme;
“European survivor” means a survivor of a European member of the scheme who is entitled to benefits, or has a right to future benefits, under the scheme rules in respect of that European member;
“host member State”, in relation to a European employer, has the meaning given in regulation 3(5);
“multi-employer scheme” shall be construed in accordance with section 307(4) (modification of this Act in relation to certain categories of schemes);
“new scheme” means a scheme —
which does not have any members —
in relation to whom there are any rights which have accrued to or in respect of the members in question to future benefits under the scheme rules, or
who have any entitlement to the present payment of a pension or other benefit under the scheme rules, and
in relation to which there are not any survivors of any members of the scheme who are entitled to benefits, or have a right to future benefits, under the scheme rules in respect of those members;
“new section” means a section of a segregated multi-employer scheme —
which does not have any members —
in relation to whom there are any rights which have accrued to or in respect of the members in question to future benefits under the scheme rules, or
who have any entitlement to the present payment of a pension or other benefit under the scheme rules, and
in relation to which there are not any survivors of any members of the scheme who are entitled to benefits, or have a right to future benefits, under the scheme rules in respect of those members;
“notice of intention” shall be construed in accordance with section 289(1);
“pay-as-you-go scheme” means an occupational pension scheme under which there is no requirement for assets to be set aside in advance for the purpose of providing benefits under the scheme (disregarding any requirements relating to additional voluntary contributions);
“pre-23rd September 2005 scheme” means an occupational pension scheme —
which —
has its main administration in the United Kingdom, and
is not a pay-as-you-go scheme; and
in relation to which —
the trustees or managers were accepting contributions on 22nd September 2005 from any person who, had section 287(6) been in force at that date, would have been a European employer, or
any such person was under a liability to pay contributions to the trustees or managers on 22nd September 2005;
“qualifying person” means a person who is employed under a contract of service and whose place of work under that contract is sufficiently located in a member State other than the United Kingdom so that his relationship with his employer is subject to the social and labour law relevant to the field of occupational pension schemes of that member State, but, for the purposes of this definition, a seconded worker is not to be regarded as being so sufficiently located in a member State other than the United Kingdom;
“qualifying self-employed person” means a self-employed person whose place of work is sufficiently located in a member State other than the United Kingdom so that his employment in that member State is subject to the social and labour law relevant to the field of occupational pension schemes of that member State;
“registrable information” shall be construed in accordance with section 60(1) (registrable information);
“scheme” means an occupational pension scheme;
“seconded worker” means a person —
who —
is employed under a contract of service by an employer established in the United Kingdom and whose habitual place of work under that contract is located in the United Kingdom, or
immediately before the commencement of the period of secondment was employed under a contract of service by an employer established in the United Kingdom and whose habitual place of work under that contract was located in the United Kingdom,
who —
was posted before the commencement date for a limited period which had not expired before that date, or
is posted on or after the commencement date for a limited period,
to a member State other than the United Kingdom for the purpose of providing services on behalf of his employer, and
who —
at the time when that posting began expected to return to the United Kingdom to work for the employer described in (a)(i) or (ii) after the expiry of that period, or
expects to retire from employment immediately after the expiry of that period;
“segregated multi-employer scheme” means a multi-employer scheme which is divided into two or more sections where —
any contributions payable to the scheme by an employer in relation to the scheme or by a member are allocated to that employer’s or that member’s section, and
a specified part or proportion of the assets of the scheme is attributable to each section of the scheme and cannot be used for the purposes of any other section;
“statutory funding objective” shall be construed in accordance with section 222 (the statutory funding objective); and
“the survivor” in relation to a member of a scheme means a person who —
is the widow, widower or surviving civil partner of the member, or
has survived that member and has any entitlement to benefit, or right to future benefits under the scheme in respect of that member.
2
In these Regulations, “employer” in relation to a scheme which has no active members includes every person who was the employer of persons in the description of employment to which the scheme relates immediately before the time at which the scheme ceased to have any active members in relation to it.
3
Where a scheme is a segregated multi-employer scheme, these Regulations, except regulations 4 to 8, apply as if each section of the scheme were a separate scheme.
Meaning of “European employer” and “host member State” in Part 7 of the Act
3
1
Subject to paragraphs (2) to (4), in Part 7 of the Act “European employer” in relation to a scheme means a person who —
a
either —
i
employs qualifying persons, or
ii
is a qualifying self-employed person, and
is making (or proposes to make) contributions to that scheme either in respect of a qualifying person or in respect of himself as a qualifying self-employed person.
2
But an employer is not to be regarded as a European employer in relation to any persons whom he employs who are not qualifying persons.
3
Where —
a
the Regulator has approved the trustees or managers of a scheme in relation to a European employer, and
b
benefits are, or will become, payable under the scheme rules to or in respect of any member who is or was a qualifying person in relation to that European employer, or to or in respect of any member who is or was a qualifying self-employed person,
“European employer” shall include the persons specified in paragraph (4).
4
The persons referred to in paragraph (3) are —
a
in a case where the approval was granted in relation to a body corporate which has since ceased to be an employer of qualifying persons, that body corporate,
b
in a case where —
i
the approval was granted in relation to a European employer who is not a body corporate, and
ii
that European employer has ceased to be an employer of qualifying persons,
the person who was the employer of qualifying persons who were, in accordance with that approval, members of the scheme immediately before the time at which the scheme ceased to have any such active members, and
c
in a case where the approval was granted in relation to a qualifying self-employed person who has ceased to be such a person, that person.
5
In Part 7 of the Act, “host member State”, in relation to a European employer, means —
a
where that European employer is specified in a notice of intention, the member State or States other than the United Kingdom where —
i
that European employer has employees who are qualifying persons, or
ii
that European employer is a qualifying self-employed person, or
b
where the Regulator has approved the trustees or managers of a scheme in relation to that European employer, the member State or States other than the United Kingdom where —
i
that European employer has or had employees who are or were members of the scheme, or
ii
in the case of a self-employed person who is or was a member of the scheme, that self-employed person is or was a qualifying self-employed person.
Applications for general authorisation to accept contributions from European employers: established schemes which are not carrying on cross-border activity
4
1
This regulation applies to all schemes other than —
a
a scheme which is a new scheme on the date on which the trustees or managers make an application for authorisation under section 288, or
b
a scheme which is a pre-23rd September 2005 scheme.
2
Where the trustees or managers of a scheme apply to the Regulator for authorisation under section 288, the application shall be made —
a
in the case of a money purchase scheme, in a form which provides the information described in paragraphs 2 and 3 of Schedule 1, or
b
in the case of a scheme which is not a money purchase scheme, in a form which provides the information described in paragraphs 2 and 4 of that Schedule.
Applications for general authorisation to accept contributions from European employers: established schemes which are carrying on cross-border activity
5
1
This regulation applies where —
a
a scheme is a pre-23rd September 2005 scheme, and
b
the trustees or managers of that scheme apply, within the period of three months beginning on the commencement date, to the Regulator for authorisation under section 288.
2
Such an application shall be made —
a
in the case of a money purchase scheme, in a form which provides the information described in paragraphs 2 and 3 of Schedule 1, or
b
in the case of a scheme which is not a money purchase scheme, in a form which provides the information described in paragraphs 2 and 5 of that Schedule.
Applications for general authorisation to accept contributions from European employers: new schemes
6
1
This regulation applies to schemes which are new schemes on the date on which the trustees or managers make an application for authorisation under section 288.
2
Where the trustees or managers of a scheme apply to the Regulator for authorisation under section 288, the application shall be made —
a
in the case of a money purchase scheme, in a form which provides the information described in paragraphs 2 and 3 of Schedule 1, or
b
in the case of a scheme which is not a money purchase scheme, in a form which provides the information described in paragraph 2 of that Schedule.
Conditions for general authorisation to accept contributions from European employers
7
1
Where the Regulator receives an application for authorisation under regulation 4, 5 or 6, it shall, before granting the authorisation, be satisfied that the applicant meets the conditions described in paragraph (2).
2
The conditions to be met under paragraph (1) are —
a
that the scheme is registered in the register,
b
the matters set out in Article 9(1)(b) to (f) of the Directive are satisfied,
c
that the trustees or managers of the scheme have ensured that the scheme will be operated in a way which is consistent with the requirements of the law relating to schemes, and
d
in the case of a scheme which is not a money purchase scheme —
i
where the application is made under regulation 4, that the scheme meets the statutory funding objective, or
ii
where the application is made under regulation 5, that the scheme will, in the opinion of the Regulator, meet the statutory funding objective by 22nd September 2008, or
iii
where the application is made under regulation 6, that the scheme will, in the opinion of the Regulator, meet the statutory funding objective by the expiry of the period of two years beginning on the date on which the application was made.
Criteria for revocation of general authorisation to accept contributions from European employers
8
1
The Regulator may revoke an authorisation granted under section 288 where it is satisfied by the trustees or managers of that scheme that —
a
the scheme does not have any European members who have any accrued European rights, and
b
there are not in relation to the scheme any survivors of a European member of the scheme who have any accrued European rights.
2
The Regulator may revoke an authorisation granted under section 288 where it is satisfied that any of the criteria described in paragraph (3) are met in relation to the scheme.
3
The criteria to be applied by the Regulator in reaching any decision relating to the revocation of an authorisation under paragraph (2) are the seriousness, frequency and persistence of any failure —
a
by the trustees or managers of the scheme to ensure that the scheme is operated in a way which is consistent with, or
b
by the scheme to comply with,
any of the requirements described in paragraph (4).
4
The requirements for the purposes of paragraph (3) for the purposes of any decision by the Regulator relating to the revocation of an authorisation are —
a
the provisions of the Directive other than Article 16(3),
b
the condition described in regulation 7(2)(c), and
c
in the case of a scheme which is not a money purchase scheme and to which —
i
regulation 4 applies, the condition described in paragraph (5),
ii
regulation 5 applies, the condition described in regulation 7(2)(d)(ii) or, after 22nd September 2008, the condition described in paragraph (5), or
iii
regulation 6 applies, the condition described in regulation 7(2)(d)(iii) or, after the expiry of the period of two years beginning on the date on which the application for the authorisation of the scheme was made, the condition described in paragraph (5).
5
The condition to be met under paragraph (4)(c)(i), (ii) or (iii) is that the scheme —
a
meets the statutory funding objective, or
b
where —
i
the trustees or managers of the scheme have obtained an actuarial valuation, and
ii
it appears to them that the statutory funding objective was not met on the effective date of that valuation,
the scheme will, in the opinion of the Regulator, meet the statutory funding objective within two years after that date.
Applications for approval in relation to particular European employer: established schemes which are not carrying on cross-border activity
9
1
This regulation applies to all schemes other than —
a
a scheme which is a new scheme on the date on which the trustees or managers make an application for approval under section 289,
b
a scheme which is a pre-23rd September 2005 scheme, or
c
where the trustees or managers of a segregated multi-employer scheme have stated in the notice of intention relating to an application for approval under section 289 that any contributions payable to the scheme by the European employer specified in that notice of intention will be allocated to a new section, that section (to which these Regulations apply as if that section were a separate scheme in accordance with regulation 2(3)).
2
Where the trustees or managers of a scheme apply to the Regulator for approval under section 289 in relation to one or more European employers, the information to be contained in the notice of intention, in addition to the information specified in section 289(1)(a) to (c), shall be determined —
a
in the case of a money purchase scheme, in accordance with the provisions of paragraph 6(1), (2), (3) and (7) of Schedule 1, or
b
in the case of a scheme which is not a money purchase scheme, in accordance with the provisions of paragraph 6(1), (2), (4) and (7) of that Schedule.
Applications for approval in relation to particular European employer: established schemes which are carrying on cross-border activity
10
1
This regulation applies where —
a
a scheme is a pre-23rd September 2005 scheme, and
b
the trustees or managers of that scheme make an application for approval under section 289 in relation to one or more European employers within the period of three months beginning on the commencement date.
2
The information to be contained in the notice of intention relating to such an application, in addition to the information specified in section 289(1)(a) to (c), shall be determined —
a
in the case of a money purchase scheme, in accordance with the provisions of paragraph 6(1), (2), (3) and (7) of Schedule 1, or
b
in the case of a scheme which is not a money purchase scheme, in accordance with the provisions of paragraph 6(1), (2), (5) and (7) of that Schedule.
Applications for approval in relation to particular European employer: new schemes and new sections of segregated multi-employer schemes
11
1
This regulation applies to —
a
a scheme which is a new scheme on the date on which the trustees or managers make an application for approval under section 289, or
b
where the trustees or managers of a segregated multi-employer scheme have stated in the notice of intention relating to an application for approval under section 289 that any contributions to the scheme by the European employer specified in that notice of intention will be allocated to a new section, that section.
2
The information to be contained in the notice of intention relating to such an application, in addition to the information specified in section 289(1)(a) to (c), shall be determined in accordance with the provisions of paragraph 6(1), (2), (6) and (7) of Schedule 1.
Conditions for approval in relation to particular European employer
12
1
Where the Regulator receives an application made under regulation 9, 10 or 11 for approval in relation to one or more European employers specified in the notice of intention it shall, before granting the approval in relation to any such European employer, be satisfied that persons giving the notice of intention meet the condition described in paragraph (2) in relation to that specified European employer.
2
The condition to be met under paragraph (1) is that the Regulator has no reason to doubt that —
a
the administrative structure of the scheme,
b
the financial situation of the scheme, and
c
the repute and professional qualifications or experience of the persons running the scheme,
are compatible with the proposed operations of the scheme in the specified host member State.
Revocation of approval in relation to particular European employer
13
1
In this regulation, “notified” in relation to a requirement means a requirement which was included in information which was received by the Regulator from the competent authority in the host member State in pursuance of Article 20(5) or (8) of the Directive and was forwarded by the Regulator —
a
in accordance with section 290(1) (notification of legal requirements of host member State outside the United Kingdom) to the person who gave the notice of intention, or
b
in accordance with section 290(2) to the trustees or managers of the scheme,
as the case may be.
2
Where the Regulator has granted approvals under section 289 to the trustees or managers of a scheme in relation to one or more specified European employers it may revoke any or all of those approvals where it is satisfied by the trustees or managers of the scheme that —
a
the scheme does not have any European members who have any accrued European rights, and
b
there are not in relation to the scheme any survivors of a European member of the scheme who have any accrued European rights.
3
Where the Regulator has granted approvals under section 289 to the trustees or managers of a scheme in relation to more than one specified European employer it may decide under paragraph (4) or (5) to revoke those approvals in relation to one or more such European employers.
4
Where the Regulator has granted approvals under section 289 to the trustees or managers of a scheme in relation to one or more specified European employers and those European employers are all located in the same host member State, the criteria to be applied by the Regulator in reaching any decision relating to the revocation of any such approval are the seriousness, frequency and persistence of any failure —
a
by the trustees or managers of the scheme to ensure that the scheme is operated in a way which is consistent with, or
b
by the scheme to comply with,
any of the requirements described in paragraph (5).
5
The requirements under paragraph (4) for the purposes of any decision by the Regulator relating to the revocation of an approval are —
a
the notified requirements of the social and labour law of that host member State,
b
the notified information requirements imposed by that host member State in pursuance of Article 20(7) of the Directive, or
c
the conditions described in regulation 12(2).
6
Where the Regulator has granted approvals under section 289 to the trustees or managers of a scheme in relation to more than one specified European employer and not all of those European employers are located in the same host member State, the criteria to be applied by the Regulator in reaching any decision relating to the revocation of any such approval are the seriousness, frequency and persistence of any failure —
a
by the trustees or managers of the scheme to ensure that the scheme is operated in a way which is consistent with, or
b
by the scheme to comply with,
any of the requirements described in paragraph (7).
7
The requirements for the purposes of paragraph (6) are —
a
the notified requirements of the social and labour law of any of the host member States,
b
the notified information requirements imposed by any of those host member States in pursuance of Article 20(7) of the Directive, or
c
the conditions described in regulation 12(2).
Modifications of pensions legislation in relation to European members of cross-border schemes
14
1
Where a cross-border scheme is not a pre-23rd September 2005 scheme, the provisions of the 1993 Act and the 1995 Act which are listed in paragraph 2, 3 or 4 of Schedule 2 shall be modified in their application to that scheme as if —
a
the European members of that scheme, and
b
any European survivors,
were excluded from the application of those provisions in respect of any accrued European rights.
2
Where a cross-border scheme is a pre-23rd September 2005 scheme, the provisions of the 1993 Act and the 1995 Act which are listed in paragraph 2 or 4 of Schedule 2 shall be modified in their application to that scheme as if —
a
the European members who were such members of that scheme on the commencement date; and
b
any European survivors of such European members,
were excluded from the application of those provisions in respect of any accrued European rights.
3
Where a cross-border scheme is a pre-23rd September 2005 scheme, the provisions of the 1993 Act and the 1995 Act which are listed in paragraph 2, 3 or 4 of Schedule 2 shall be modified in their application to that scheme as if —
a
the European members who became such members of the scheme after the commencement date, and
b
any European survivors of such European members,
were excluded from the application of those provisions in respect of any accrued European rights.
Ring-fencing of assets
15
1
For the purposes of this regulation, the assets and liabilities of a scheme shall be determined in accordance with Part 3 of the Act and regulations made under that Part.
2
Where the trustees or managers of a scheme receive contributions to the scheme from a European employer, the Regulator may issue a notice (“a ring-fencing notice”) to the trustees or managers of that scheme where it has reasonable grounds for believing that —
a
a person has done or will do any act which constitutes a misuse or misappropriation of the assets of the scheme, or
b
a situation exists which amounts to a material threat to the interests of the members of the scheme who are or have been qualifying persons or qualifying self-employed persons in relation to any European employer.
3
A ring-fencing notice may direct the trustees or managers of the scheme —
a
to notify the Regulator, within three months of the date of the issue of the notice, of the details of the assets and liabilities of the scheme attributable to each European employer —
i
from whom the trustees or managers have received or are receiving contributions, and
ii
in relation to whom the ring-fencing notice is given, or
b
for so long as the Regulator has reasonable grounds for believing that there is a material threat to the interests of the members of the scheme who are or have been qualifying persons in relation to any such European employer or who are or have been such a European employer, to divide the scheme into two or more sections and ensure that —
i
any contributions payable to the scheme by any such European employer in relation to the scheme or by any such member are allocated to a separate section, and
ii
a specified part or proportion of the assets of the scheme is attributable to that section and cannot be used for the purposes of any other section.
Relevant legal requirements for the purposes of section 293
16
Where a UK employer has made, makes, or proposes to make, contributions to a European pensions institution in respect of persons who are not qualifying persons, the relevant legal requirements for the purposes of section 293 are, in relation to such persons and their survivors, those requirements of the law relating to schemes as it applies in Great Britain which are listed in paragraph 2, 3 or 5 of Schedule 2.
Manner of applying to the Regulator under regulations 4 to 6 and 9 to 11
17
1
In this regulation, “electronic communications network” shall be construed in accordance with section 304 (notification and documents in electronic form).
2
An application to the Regulator by the trustees or managers of a scheme for authorisation under section 288 or for approval under section 289 shall be made in writing, or, where any requirements imposed by or under section 304 are complied with, may be made by transmitting it to the Regulator —
a
by means of an electronic communications network, or
b
by other means but in a form that nevertheless requires the use of apparatus by the Regulator to render it intelligible.
3
A notification by the Regulator under section 289(2)(a)(i) or (b) to the persons who gave a notice of intention shall be made in writing, or, where any requirements imposed by or under section 304 are complied with, may be made by transmitting it to those persons —
a
by means of an electronic communications network, or
b
by other means but in a form that nevertheless requires the use of apparatus by those persons to render it intelligible.
Consequential amendment
18
1
The Occupational Pension Schemes (Trust and Retirement Benefits Exemption) Regulations 2005 are amended as follows.
2
In paragraph (2) of regulation 1, after the definition of “relevant statutory scheme”, add —
“scheme undertaking cross-border activities” means a scheme in relation to which the trustees or managers are —
authorised under section 288 of the 2004 Act (general authorisation to accept contributions from European employers), or
approved under section 289 of the 2004 Act in relation to a European employer.
.
3
After regulation 1, insert —
Application
1A
With the exception of regulation 2(a), these Regulations do not apply to any scheme undertaking cross-border activities.
.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
8th December 2005


text:
Citation, commencement and extent
1
1
This Order may be cited as the Electricity and Gas Appeals (Designation and Exclusion) Order 2005 and shall come into force on 14th July 2005.
2
This Order does not extend to Northern Ireland.
Interpretation
2
In this Order —
“ the Act ” means the Energy Act 2004;
“transmission licence” has the same meaning as in section 6 of the Electricity Act 1989 ; and
“transportation licence” means a licence granted under section 7(2) of the Gas Act 1986 .
Designation of documents
3
For the purposes of section 173(2)(b) of the Act, the following documents are designated —
a
the Balancing and Settlement Code, being the document of that title required to be prepared pursuant to Standard Condition C3 of transmission licences;
b
the Connection and Use of System Code, being the document of that title required to be prepared pursuant to Standard Condition C10 of transmission licences;
c
a Network Code, being a document of that title required to be prepared pursuant to the conditions of a transportation licence to which Standard Special Condition A11 (Network and Uniform Network Code) applies;
d
the Supply Point Administration Agreement, being the document of that title required to be entered into pursuant to Standard Condition 34A of supply licences granted under section 7A of the Gas Act 1986 ;
e
the Master Registration Agreement, being the document of that title required to be entered into pursuant to Standard Condition 37 of supply licences granted under section 6 of the Electricity Act 1989; and
f
the Uniform Network Code, being the document of that title required to be prepared pursuant to Standard Special Condition A11 of transportation licences.
Exclusion of decisions
4
1
No appeal shall lie to the Competition Commission under section 173 of the Act from a decision made by GEMA on or after the date on which this Order comes into force, which consists in the giving or refusal of a consent by virtue of which a document designated in article 3 has effect or would have had effect as mentioned in section 173(2)(c) of the Act, if the relevant condition is satisfied in respect of that decision.
2
For the purpose of paragraph (1), the relevant condition is —
a
in the case of a decision in relation to the Balancing and Settlement Code, the condition in article 5(1);
b
in the case of a decision in relation to the Connection and Use of System Code, the condition in article 6(1);
c
in the case of a decision in relation to a Network Code, the condition in article 7(1);
d
in the case of a decision in relation to the Supply Point Administration Agreement, the condition in article 8(1);
e
in the case of a decision in relation to the Master Registration Agreement, the condition in article 9(1); and
f
in the case of a decision in relation to the Uniform Network Code, the condition in article 10(1).
5
1
The condition referred to in article 4(2)(a) is that the decision consists in the giving of a consent to a majority recommendation made by the Panel in the Modification Report.
2
In this article, the words “Panel” and “Modification Report” have the same meanings as in the Balancing and Settlement Code.
6
1
The condition referred to in article 4(2)(b) is that the decision consists in the giving of a consent to a majority recommendation of Panel Members in the Amendment Report.
2
In this article —
a
“majority recommendation” means a recommendation that is supported by the majority of those views of Panel Members which, in the reasonable opinion of GEMA, are clearly expressed in the Amendment Report; and
b
the words “Panel Members” and “Amendment Report” have the same meanings as in the Connection and Use of System Code.
7
1
The condition referred to in article 4(2)(c) is that the decision accords with a majority recommendation made by the Modification Panel in the Modification Report.
2
In this article, the words “Modification Panel” and “Modification Report” have the same meanings as in the Uniform Network Code.
8
1
The condition referred to in article 4(2)(d) is that the decision consists in the giving of a consent to a Change Proposal.
2
In this article, the expression “Change Proposal” has the same meaning as in the Supply Point Administration Agreement.
9
1
The condition referred to in article 4(2)(e) is that the decision consists in the giving of a consent to a resolution of the MEC arising from the Change Procedures.
2
In this article, the words “MEC” and “Change Procedures” have the same meanings as in the Master Registration Agreement.
10
1
The condition referred to in article 4(2)(f) is that the decision consists in the giving of a consent to a majority recommendation made by the Modification Panel in the Modification Report.
2
In this article, the words “Modification Panel” and “Modification Report” have the same meanings as in the Uniform Network Code.
11
When, on or after the date on which this Order comes into force, a decision in relation to a document designated in article 3 is made by GEMA, which —
a
is not excluded under article 4 from the right of appeal which would otherwise be conferred by section 173 of the Act; and
b
consists in the giving or refusal of a consent by virtue of which that document has effect or would have had effect as mentioned in section 173(2)(c) of the Act,
GEMA shall at the same time or as soon as reasonably practicable thereafter —
i
decide whether to exclude that decision under article 12; and
ii
give notice of the decision taken under paragraph (i) in such manner as it considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be interested.
12
GEMA may exclude a decision referred to in article 11(a) and (b) from the right of appeal conferred by section 173 of the Act if the delay caused by the holding of the appeal against that decision is likely to have a material adverse effect on the availability of electricity or gas for meeting the reasonable demands of consumers in Great Britain.
13
Where GEMA excludes a decision under article 12, it shall, as soon as reasonably practicable after the exclusion of that decision, publish a notice stating the reasons for its having exercised its power to exclude in such manner as it considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be interested.
Malcolm Wicks
Minister of State for Energy,
Department of Trade and Industry
18th June 2005


text:
Title and commencement
1
These Regulations may be cited as the Food Labelling (Amendment) (England) (No. 2) (Amendment) Regulations 2005; they come into force on 24th November 2005.
Amendment of the Food Labelling (Amendment) (England) (No. 2) Regulations 2005
2
The Food Labelling (Amendment) (England) (No. 2) Regulations 2005 shall be amended in accordance with regulations 3 and 4.
3
In regulation 3 (amendment of definition of “Directive 2000/13/EC ” in regulation 2(1) of the Food Labelling Regulations 1996 ) there shall be inserted at the end the words “which was itself amended by Commission Directive 2005/63/EC ”.
4
In the Schedule, in the text of the new Schedule 2A to be inserted in the Food Labelling Regulations 1996 (list of ingredients which originate from allergenic ingredients and in respect of which the allergen labelling requirements do not apply) in column 2 for the words “Fish gelatine used as carrier for vitamins and flavours” there shall be substituted the words “Fish gelatine used as a carrier for vitamin or carotenoid preparations and flavours”.
Signed by authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State,
Department of Health
24th October 2005


text:
Citation and commencement
1
This Order may be cited as the Lloyd’s Sourcebook (Amendment of the Finance Act 1993 and the Finance Act 1994) Order 2005 and shall come into force on 1st July 2005.
Amendment of section 184(1) of the Finance Act 1993
2
1
Section 184(1) of the Finance Act 1993 (interpretation of Chapter 3 of Part 2) is amended as follows.
2
In the definition of “premium trust fund” for “section 10.3 of the Lloyd’s Sourcebook” substitute “section 17.7 of the Lloyd’s Sourcebook”.
Amendment of section 230 of the Finance Act 1994
3
1
Section 230(1) of the Finance Act 1994 (interpretation of Chapter 5 of Part 4) is amended as follows.
2
In the definition of “premium trust fund” for “section 10.3 of the Lloyd’s Sourcebook” substitute “section 17.7 of the Lloyd’s Sourcebook”.
Joan Ryan
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
9th June 2005


text:
Citation and commencement
1
This Order may be cited as the Education (Chief Inspector of Schools in England) Order 2005 and shall come into force on 3rd January 2006.
Appointment to the office of Her Majesty’s Chief Inspector of Schools in England
2
Maurice John Smith is appointed to the office of Her Majesty’s Chief Inspector of Schools in England from the date on which this Order comes into force until —
a
31st August 2006, or
b
the date on which an appointment to the office of Her Majesty’s Chief Inspector of Schools in England takes effect by virtue of an Order in Council made under section 1(1) of the Education Act 2005 after the date on which this Order is made,
whichever is the earlier.
Revocation of the Education (Chief Inspector of Schools in England) Order 2002
3
The Education (Chief Inspector of Schools in England) Order 2002 is revoked.
A K Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (District of Welwyn Hatfield) Order 2005 and shall come into force on 1st June 2005.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the district of Welwyn Hatfield, except —
a
the entire length of the A414, including its on and off slip roads, within the district; and
b
the entire length of the A1(M), including its on and off slip roads, within the district.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Charlotte Atkins
Parliamentary Under Secretary of State
Department for Transport
17th March 2005


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (Virgin West Coast Class 390) Exemption Order 2005 and shall come into force on 28th March 2005.
Interpretation
2
In this Order: —
a
any reference to a numbered regulation is a reference to the regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 ;
b
any reference to a numbered vehicle is a reference to a vehicle which forms part of the fleet of electric multiple-units numbered 390001 to 390053 of the class known as “Class 390”, as manufactured by ALSTOM Transport Limited for use by Virgin West Coast Trains Limited; and
c
“adjustable table” means a table available for use in a wheelchair space, as defined in regulation 2(1), the height of which, at its lowest point, may be adjusted in steps of 20 millimetres within the range of 680 millimetres to 760 millimetres.
Authorisation and exemption
3
Subject to articles 6(1), 7 and 8, the vehicles numbered 68801 to 68853, 69101 to 69153, 69201 to 69253, 69401 to 69453, 69501 to 69553, 69601 to 69653, 69701 to 69753, 69801 to 69853 and 69901 to 69953 are authorised to be used for carriage even though they do not conform with regulation 7(b).
4
Subject to articles 6(2), 7 and 8, the vehicles numbered 69801 to 69853 are authorised to be used for carriage even though they do not conform with regulation 12 in so far as it requires that a refrigerator door handle for the use of passengers shall be operable by the exertion of a particular force.
5
Subject to articles 6(3), 7 and 8, the vehicles numbered 69401 to 69453, 69701 to 69753 and 69901 to 69953 are authorised to be used for carriage even though they do not conform with regulation 18(4).
Conditions
6
1
It is a condition of the exemption given by article 3 that a door must separate a vestibule adjoining a doorway in the side of a vehicle from the adjacent passenger saloon.
2
It is a condition of the exemption given by article 4 that —
a
the door handle shall be operable by the exertion of a force not exceeding 25 newtons; and
b
the operator shall provide, so far as is practicable, in that vehicle a person who is available on request to provide assistance to operate the refrigerator door handle.
3
It is a condition of the exemption given by article 5 that —
a
the operator shall provide, so far as is practicable, in that vehicle or, where that vehicle forms part of a train, in that train a person, other than the driver of that vehicle or train, who is available to alter the height of an adjustable table; and
b
the operator shall have in place, adjacent to an adjustable table, a sign clearly visible from the position of an occupant of a wheelchair in the wheelchair space indicating that the height of the table can be adjusted on request to a member of the train crew.
Expiry
7
The exemptions given by articles 3 to 5 shall cease at the end of May 2012.
8
The authorisations given by articles 3 to 5 shall cease immediately in respect of any exempted vehicle if the electric multiple-unit of which the exempted vehicle forms a part is used by a person other than Virgin West Coast Trains Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Revocation
9
The Rail Vehicle Accessibility (Virgin West Coast Class 390 Vehicles) Exemption Order 2002 is revoked.
Signed by authority of the Secretary of State for Transport
Charlotte Atkins
Parliamentary Under Secretary of State,
Department for Transport
11th February 2005


text:
Citation and commencement
1
1
This Order may be cited as the Great Yarmouth Outer Harbour Revision Order 2005 and shall come into force on 6th October 2005.
2
The Great Yarmouth Port Authority Acts and Orders 1866 to 1990, the Great Yarmouth Outer Harbour Act 1986 (Extension of time) Order 1991 and this Order may be cited together as the Great Yarmouth Port Authority Acts and Orders 1866 to 2005.
Interpretation
2
In this Order —
“the 1986 Act ” means the Great Yarmouth Outer Harbour Act 1986 ;
“the annexed map” means the map contained in the Schedule to this Order;
“ the Authority ” means the Great Yarmouth Port Authority;
“the esplanade” means so much of the way known as the Esplanade as lies between the points marked X (National Grid reference point TG 53185 E 05505 N) and Y (National Grid reference point TG 53370 E 03810 N) on the annexed map; and
“the works” means the works authorised by Part II (Works, etc. ) of the 1986 Act.
Planning permission for Outer Harbour works
3
1
Section 44 (Planning permission) of the 1986 Act shall have effect subject to the modification that in subsection (2), for the words “within 10 years after the passing of this Act” there are substituted the words “before 8th November 2010”.
Power to stop up esplanade
4
1
Subject to paragraph (2) below the Authority may, in connection with the construction of the works, permanently stop up and discontinue the esplanade.
2
The Authority shall not exercise the powers of paragraph (1) above until it is ready to commence construction of so much of the works as requires the closure of the esplanade.
3
Upon the permanent stopping up of the esplanade pursuant to paragraph (1) above, any public rights of way which is a footpath or bridleway over or along the esplanade shall be extinguished.
Protection for Great Yarmouth Borough Council and Waveney District Council
5
For section 33 (For protection of Great Yarmouth Borough Council and Waveney District Council) of the 1986 Act there shall be substituted the following:
33
The following provisions shall, unless otherwise agreed in writing between the Great Yarmouth Borough Council and the Waveney District Council, or either of them, and the Authority have effect: —
1
In this section —
“accumulation” means any accumulation of silt or other material in the protected areas;
“construction” includes execution and placing, maintenance, extension, enlargement, alteration, replacement, relaying and removal; and “construct” and “constructed” have corresponding meanings;
“the council” means —
In relation to the Borough of Great Yarmouth, and to the protected areas in the Borough, the Great Yarmouth Borough Council;
in relation to the District of Waveney, and to the protected areas in the District, the Waveney District Council;
“damage” means any adverse effects to the protected areas;
“the district” means the Borough of Great Yarmouth or the District of Waveney, as the case may require;
“erosion” means any erosion of the protected areas;
“the protected areas” means the beaches, sea walls, promenades, groynes, revetments and any other coast protection structures in the district;
“specified work” means any permanent or temporary work or operation authorised by this Act (which includes for the avoidance of doubt, any dredging and any exploratory geotechnical investigations that may be undertaken).
2
If, during the construction of a specified work or within 10 years after the completion of such work and wholly or partly in consequence of its construction there is caused or created an accumulation or erosion or alteration of the tidal flow or littoral drift which causes damage, or reasonable expectation of damage, the Authority, if so required by the council before or within the period of 10 years after such completion shall remedy such accumulation, erosion, alteration of tidal flow or littoral drift, in the manner specified in subsection (4) below and, if it refuses or fails so to do, the council may itself cause work to be done and may recover the reasonable cost thereof from the Authority.
3
Should any accumulation or erosion or alteration of the tidal flow or littoral drift which causes damage or reasonable expectation of damage, arise in consequence of such construction within the said period of 10 years and be remedied in accordance with subsection (2) above, any recurrence of such accumulation or erosion or alteration of the tidal flow or littoral drift shall from time to time be so remedied by the Authority during the said period of 10 years and at any time thereafter, save that the Authority’s obligations under this paragraph shall cease in the event that following the remedying of any accumulation or erosion or alteration of the tidal flow or littoral drift a period of 10 years elapses without any further accumulation or erosion or alteration of the tidal flow or littoral drift being caused or created in consequence of such construction.
4
For the purposes of subsections (2) and (3) above —
a
in the case of an accumulation, the remedy shall be its removal; and
b
in the case of erosion or alteration of tidal flow or littoral drift, the remedy shall be the carrying out of such reconstruction works and other protective works or measures as may be reasonably required by the council:
Provided that in the event that surveys, inspections, tests or sampling establish that such accumulation or erosion or alteration of tidal flow or littoral drift would have been caused in any event by factors other than the construction of a specified work the Authority shall be liable to remedy such accumulation or erosion or alteration of tidal flow or littoral drift only to the extent that the same is attributable to such construction.
5
For the purposes of subsection (2) above the date of completion of a work shall be the date on which it is brought into use.
6
Any difference arising between the Authority and the council under this section (other than a difference as to its meaning or construction) shall be determined by arbitration.
.
Protection for Environment Agency
6
1
The following provisions shall, unless otherwise agreed in writing between the Environment Agency (in this article referred to as “ the Agency ”) and the Authority, have effect.
2
In this article —
“accumulation” means any accumulation of silt or other material;
“construction” includes execution and placing, maintenance, extension, enlargement, alteration, replacement, relaying and removal; and “construct” and “constructed” have corresponding meanings;
“drainage work” means any watercourse and any land used for providing flood storage capacity for any watercourse and any bank, wall, embankment, outfall or other structure or appliance constructed or used for land drainage, defence against water (including sea water) or tidal monitoring;
“erosion” means any erosion of the bed or shore of the sea or of the bed or banks of the river Yare;
“the fishery” means fish in, or migrating to or from, any river and the spawn, habitat or food of such fish;
“outfall” means —
any existing land drainage outfall for which the Agency is responsible; or
any sewer, pipe or drain provided for groundwater, surface water or storm overflow sewerage;
“plans” includes sections, descriptions, drawings, specifications and method statements and other such particulars;
“specified work” means any permanent or temporary work or operation authorised by the 1986 Act (which includes for the avoidance of doubt, any dredging and any exploratory geotechnical investigations that may be undertaken); and
“watercourse” has the meaning given in section 221(1) of the Water Resources Act 1991 .
3
a
Before beginning to construct any specified work, the Authority shall submit to the Agency plans of the work and such further particulars available to it as the Agency may reasonably require.
b
Without prejudice to sub-paragraph (a) above, the Authority shall ensure that its contractor shall provide the Agency with all necessary hydraulic information in order to identify and quantify any effects of accumulation or erosion or alteration of the tidal flow or littoral drift which are likely to be caused by any such specified work and such information shall be accompanied by an appropriate assessment of that information and of any remedial measures which may be reasonably necessary having regard to any such likely effects.
c
Any such specified work shall not be constructed except in accordance with such plans as may be approved in writing by the Agency or as settled in accordance with paragraph (17) below.
d
Any approval of the Agency required under this paragraph —
i
shall not be unreasonably withheld;
ii
shall be deemed to have been given if it is neither given nor refused in writing and, in the case of a refusal, with a statement of the grounds for refusal within two months of the submission of plans for approval;
iii
may be given subject to such reasonable requirements as the Agency may impose for the protection of any drainage work or fishery or water resources, for the prevention of flooding and water pollution and in the discharge of its environmental and recreational duties.
4
Without prejudice to the generality of paragraph (3) above, the requirements which the Agency may impose under that paragraph include —
a
conditions as to the time at which and the manner in which any work is to be carried out;
b
conditions requiring the Authority at its own expense —
i
to provide or maintain means of access for the Agency;
ii
to construct such protective works whether temporary or permanent during the construction of the specified works (including the provision of flood banks, walls or embankments, outfalls and other new works and the strengthening, repair or renewal of existing banks, walls or embankments, outfalls or other works) as are reasonably necessary to safeguard any drainage work against damage or to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased by reason of any specified work;
iii
to monitor accumulation, erosion or alterations of the tidal flow or littoral drift arising during the construction or following the completion of the specified works;
iv
to provide, maintain and operate arrangements for dealing with any pollution incidents which may occur during and as a result of the construction of the specified works.
5
Any specified work, and all protective works required by the Agency under paragraph (4) above, shall be constructed to the reasonable satisfaction of the Agency and the Agency shall be entitled by its officer to watch and inspect the construction of such works.
6
The Authority shall give to the Agency notice in writing of the commencement of any specified work not less than 14 days prior to its commencement and notice in writing of its completion not later than 7 days after such completion.
7
a
If, during the construction of a specified work or within 10 years after the completion of such work and wholly or partly in consequence of its construction there is caused or created an accumulation or erosion or alteration of the tidal flow or littoral drift which causes damage, or reasonable expectation of damage, the Authority, if so required by the Agency before or within the period of 10 years after such completion, shall remedy such accumulation, erosion, alteration of tidal flow or littoral drift, in the manner specified in sub-paragraph (d) below and, if it refuses or fail so to do, the Agency may itself cause work to be done and may recover the reasonable cost thereof from the Authority.
b
Should any accumulation or erosion or alteration of the tidal flow or littoral drift which causes damage or reasonable expectation of damage, arise in consequence of such construction within the said period of 10 years and be remedied in accordance with sub-paragraph (a) above, any recurrence of such accumulation or erosion or alteration of the tidal flow or littoral drift shall from time to time be so remedied by the Authority during the said period of 10 years and at any time thereafter, save that the Authority’s obligation under this paragraph shall cease in the event that following the remedying of any accumulation or erosion or alteration of the tidal flow or littoral drift a period of 10 years elapses without any further accumulation or erosion or alteration of the tidal flow or littoral drift being caused or created in consequence of such construction.
c
In sub-paragraphs (a) and (b) above, “damage” means any damage to the bed or banks of the river Yare or any adverse effect upon the structure or operation of any outfall, flood or sea defences or any jetty or other structure under the jurisdiction of the Agency for the purposes of the Water Resources Act 1991.
d
For the purposes of sub-paragraphs (a) and (b) above —
i
in the case of an accumulation, the remedy shall be its removal or such other protective works or measures as may be reasonably required by the Agency; and
ii
in the case of erosion or alteration of tidal flow or littoral drift, the remedy shall be the carrying out of such reconstruction works and other protective works or measures as may be reasonably required by the Agency.
e
In the event that surveys, inspections, tests or sampling establish that such accumulation or erosion or alteration of tidal flow or littoral drift would have been caused in any event by factors other than the construction of a specified work the Authority shall be liable to remedy such accumulation or erosion or alteration of tidal flow or littoral drift only to the extent that the same is attributable to such construction.
8
For the purposes of paragraphs (6) and (7)(a) above the date of completion of a work shall be the date on which it is brought into use.
9
a
Any specified work which provides a defence against flooding shall be maintained by and at the expense of the Authority to the reasonable satisfaction of the Agency.
b
If any such work is no longer required by the Authority or is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the Authority at the Authority’s own expense to repair and restore the work, or any part thereof, or to remove the work and restore the site (including any sea defences) to its former condition, to such an extent and within such limits as the Agency thinks proper.
c
If, on the expiration of 30 days from the date on which a notice is served upon the Authority it has failed to comply with the requirements of the notice, the Agency may execute the works specified in the notice, and any expenditure incurred by it in so doing shall be recoverable from the Authority.
10
If, by reason of the construction of any specified work or by reason of the failure of that work or of the Authority to maintain it, the efficiency of any drainage work for flood defence purposes is impaired or that work is damaged, such impairment or damage shall be made good by the Authority to the reasonable satisfaction of the Agency and, if the Authority fails to do so, the Agency may make good the same and recover from the Authority the expense reasonably incurred by it in so doing.
11
If any works are constructed by the Agency in relation to a drainage work the Authority shall have no claim against the Agency in respect of any additional costs which may be incurred by the Authority as a result of such works.
12
The Authority shall indemnify the Agency in respect of all reasonable costs, charges and expenses which the Agency may reasonably incur or have to pay or which it may sustain —
a
in the examination or approval of plans under this article;
b
in the inspection of the construction of the specified works or any protective works required by the Agency under this article.
13
a
Without prejudice to the other provisions of this article the Authority shall indemnify the Agency from all claims, demands, proceedings, costs, damages or expenses or loss which may be made or taken against, or recovered from or incurred by, the Agency by reason of the construction of any of the works or by reason of their maintenance, repair, alteration, renewal, removal, existence or use or any act or omission of the Authority, its contractors, agents, workmen, or servants whilst engaged upon any such work.
b
The Agency shall give to the Authority reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the agreement of the Authority which agreement shall not be unreasonably withheld.
14
The fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not (if it was done without neglect or default on behalf of the Agency, of any person in its employ or of its contractors or agents) relieve the Authority from any liability under the provisions of this article.
15
Except as otherwise provided by this article, nothing in this Order or the 1986 Act shall prejudice or affect in their application to the Agency the powers, rights, jurisdiction and obligations conferred, arising or imposed under the Land Drainage Act 1991 , the Salmon and Freshwater Fisheries Act 1975 , the Water Resources Act 1991 or any other enactment, byelaw or regulation relating to the Agency.
16
For the purposes of section 109 of the Water Resources Act 1991 (as to structures in, over or under watercourses) as applying to the construction of any specified work, any approval given or deemed to be given by the Agency under this article with respect to such construction shall be deemed to constitute a consent under that section.
17
a
Unless the parties agree to arbitration any difference arising between the Authority and the Agency under paragraph (3) above shall be settled by the Secretary of State for the Environment, Food and Rural Affairs on a reference to her by either party after notice in writing to the other.
b
Subject to sub-paragraph (a) above, any difference arising between the Authority and the Agency under this article (other than a difference as to its meaning or construction) shall be referred to and settled by a single arbitrator appointed by agreement between the parties on reference to him by either party, after notice in writing to the other, or, in default of agreement, by the President of the Institution of Civil Engineers.
Protection for Associated British Ports
7
1
The following provisions of this article shall, unless otherwise agreed in writing between Associated British Ports (in this article referred to as “ABP”) and the Authority, have effect.
2
In this article —
“accumulation” means any accumulation of silt or other material in the protected areas;
“construction” includes execution and placing, maintenance, extension, enlargement, alteration, replacement, relaying and removal; and “construct” and “constructed” have corresponding meanings;
“damage” means any obstruction or danger to navigation within the protected areas, or any adverse effects to any works owned by, or under the management or control of, ABP within the protected areas, or any detrimental effects on the operation of the protected areas, or on the fulfilment of ABP’s duties in connection with the protected areas;
“erosion” means any erosion of the bed of the sea or of any lands within the protected areas;
“the protected areas” means the port of ABP at Lowestoft and the seaward approaches thereto from time to time; and
“specified work” means any permanent or temporary work or operation authorised by the 1986 Act (which includes for the avoidance of doubt, any dredging and any exploratory geotechnical investigations that may be undertaken).
3
If, during or after the construction of a specified work, and wholly or partly in consequence of its construction there is caused or created an accumulation or erosion or alteration of the tidal flow or littoral drift which causes damage, or reasonable expectation of damage, the Authority, if so required by ABP shall remedy such accumulation, erosion, alteration of tidal flow or littoral drift, in the manner specified in paragraph (4) below and, if it refuses or fails so to do, ABP may itself cause work to be done and, provided that ABP has notified the Authority in writing of its intention to cause such work to be done prior to carrying out such work and has acted reasonably in concluding that it should do such work, ABP may recover the reasonable cost thereof from the Authority.
4
For the purposes of this article —
a
in the case of an accumulation, the remedy shall be its removal; and/or such other protective works or measures as may be reasonably required by ABP; and
b
in the case of erosion or alteration of tidal flow or littoral drift, the remedy shall be the carrying out of such reconstruction works and/or such other protective works or measures as may be reasonably required by ABP.
5
If the Authority establishes by surveys, inspections, tests or sampling, and without unreasonably delaying the execution of any remedial action required under paragraph (3) above, that such accumulation or erosion or alteration of tidal flow or littoral drift would have been caused in any event by factors other than the construction of a specified work the Authority shall be liable to remedy such accumulation or erosion or alteration of tidal flow or littoral drift only to the extent that the same is attributable to such construction.
6
The Authority’s obligations pursuant to paragraphs (3) to (5) above shall commence upon the commencement of the construction of a specified work and terminate at the end of the first continuous period of ten years commencing after completion of the specified works during which no remedial work is required pursuant to this article.
7
For the purposes of paragraph (6) above the date of completion of a work shall be the date on which it is brought into use.
8
Any difference arising between the Authority and ABP under this article (other than a difference as to its meaning or construction) shall be determined by arbitration in the manner provided by the 1986 Act.
Signed by authority of the Secretary of State for Transport
Phil Carey
Head of Ports Division,
Department for Transport
14 September 2005