text:
Citation, commencement and application
1
1
The Regulations may be cited as the Education (Outturn Statements) (England) Regulations 2006 and come into force on 28th July 2006.
2
These Regulations apply only in relation to England, and only in relation to outturn statements prepared for the period prescribed in regulation 4.
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2000 Act ” means the Learning and Skills Act 2000 ;
“the 2002 Act ” means the Education Act 2002 ;
“the 2004 Regulations ” means the Financing of Maintained Schools (England) Regulations 2004 ;
“the Budget Regulations ” means the LEA Budget, School Budget and Individual Schools Budget Regulations (England) 2004 ;
“the 2005 Outturn Regulations ” means the Education (Outturn Statements) (England) Regulations 2005 ;
“ Academy ” means an independent school funded by the Secretary of State under section 482 of the 1996 Act ;
a reference to “adult and community learning” is a reference to educational services and facilities provided by the governing body of a school under section 27 of the 2002 Act to people who live or work in the locality in which the school is situated who are over the age of eighteen years;
“ AEF ” means aggregate external finance;
“behaviour support plan” means a plan prepared under section 527A of the 1996 Act ;
“budget statement” means the statement referred to in section 52(1) of the 1998 Act;
“capital expenditure” means expenditure of a local authority which falls to be capitalised in accordance with proper practices, or expenditure that shall be treated as capital expenditure by virtue of any regulations or directions made under section 16 of the Local Government Act 2003 ;
“central expenditure” means the total amount deducted by a LEA from their schools budget;
“ CERA ” means capital expenditure which a LEA expect to charge to a revenue account of the LEA as defined in section 22 of the Local Government Act 2003 ;
“ City Learning Centres ” are centres established by EiC partnerships for the provision of ICT -based learning opportunities for pupils attending secondary schools within the partnership and people living and working in the locality in which the Centre is situated;
“community services” means any service or facility, other than adult and community learning, provided by the governing body of a school under section 27 of the 2002 Act;
“delegated funding” means funding which a LEA allocates to schools as their budget shares for the relevant funding period under section 49 of the 1998 Act;
“devolved funding” means funding which a LEA allocates to schools from their schools budget which does not form part of the schools' budget shares;
“discretionary award” means an award which a LEA may bestow on persons ordinarily resident in their area ;
“ Education Maintenance Allowance ” means financial assistance under section 14 of the 2002 Act paid to or in respect of a person who is over compulsory school age in connection with his undertaking any course of education or training ;
“ Education Welfare Service ” is a LEA service for the purpose of reducing levels of unauthorised absence from schools ;
“EiC” means the Department for Education and Skills' programme known as Excellence in Cities;
“EiC partnership” is a partnership established between secondary schools and LEAs to administer the Specific Formula Grant – Excellence in Cities;
“ FE ” means further education as defined in section 2(3) of the 1996 Act ;
a reference to “government grants inside AEF” is a reference to the following: the Excellence in Cities Grant; the Leadership Incentive Grant ; the Performance Standards Fund Grant ; the School Standards Grant ; the Standards Fund Grant; the Teachers' Pay Reform Grant ; and the Threshold and Performance Pay Grant;
a reference to “government grants outside AEF” is a reference to the following: Education Maintenance Allowances ; payments by the Higher Education Funding Council; LSC Adult Education Grant; LSC Sixth Form Grant and mandatory awards;
“Higher Education Funding Council” means the body of that name established under section 62 of the Further and Higher Education Act 1992 ;
“ HE ” means higher education as defined in section 579 of the 1996 Act;
“ICT” means information and communication technology;
“ ISB ” means the individual schools budget;
“LEA” means local education authority;
the “Leadership Incentive Grant” is the sum of money paid to a LEA under a grant of that name by the Secretary of State under section 14 of the 2002 Act;
“LSC” means the Learning and Skills Council for England ;
“the LSC Adult Education Grant” is the sum of money paid under a grant of that name to a LEA by the LSC under section 7 of the 2000 Act;
the “LSC Sixth Forms Grant” is the sum of money paid under a grant of that name to a LEA by the LSC under section 7 of the 2000 Act;
“mandatory award” means an award which a LEA have an obligation to bestow upon persons ordinarily resident in their area in respect of attendance at designated courses ;
“maintained school” means a community, foundation or voluntary school, a community or foundation special school, or a maintained nursery school ;
a reference to “music service” is a reference to expenditure on the provision of music tuition and other activities which enable school pupils to enhance their learning and appreciation of music;
“ NMSS ” means non-maintained special school;
“nursery school” has the meaning given to this expression in section 6(1) of the 1996 Act ;
“outturn statement” means the statement referred to in section 52(2) of the 1998 Act;
The “ Performance Reward Grant ” is a specific formula grant of that name paid to a LEA by the Secretary of State;
the “Performance Standards Fund Grant” is the sum of money paid under a grant of that name to a LEA by the Secretary of State under section 14 of the 2002 Act;
“ PRC ” means premature retirement costs;
a reference to “pupil support” is a reference to expenditure on a LEA’s functions under sections 510 and 514 of the 1996 Act (provision of administration of clothing grants and boarding grants) and pursuant to regulations made under section 518(1)(a) of that Act ;
“primary school” has the meaning given to this expression in section 5(1) of the 1996 Act;
“school” means a maintained school;
the “School Standards Grant” is the sum of money paid under a grant of that name to a LEA by the Secretary of State under section 14 of the 2002 Act;
“secondary school” has the meaning given to this expression in section 5(2) of the 1996 Act;
“ SEN ” means special educational needs;
“special educational needs” and “special educational provision” have the meanings given to those expressions by section 312 of the 1996 Act;
“specific formula grant” means a grant known as such and paid under section 31 of the Local Government Act 2003 ;
a reference to the “Specific Formula Grant - Excellence in Cities” is a reference to the specific formula grant entitled “Excellence in Cities Grant” paid by the Secretary of State to LEAs participating in the EiC programme;
a reference to “Specific Formula Grant – Excellence in Cities for City Learning Centres” is a reference to expenditure from the Excellence in Cities Grant on City Learning Centres;
a reference to “ Specific Formula Grant - Threshold Administration Costs ” is a reference to the costs incurred by LEAs in distributing, and determining the distribution of, the Threshold and Performance Pay Grant;
a reference to the “ Specific Formula Grant - Threshold and Performance Pay ” is a reference to the specific formula grant entitled “Threshold and Performance Pay Grant” paid to a LEA by the Secretary of State;
“special school” has the meaning given to that expression by section 6(2) of the 1996 Act;
“ SSG ” means the grant known as the “School Standards Grant”;
a reference to “student support” is a reference to expenditure incurred by a LEA on assessment of elibility for, and administration of, mandatory awards, discretionary awards and other allowances and grants paid to FE and HE students;
a reference to the “ Standards Fund ” is a reference to the sum of money paid under a grant entitled the “Standards Fund Grant” to a LEA by the Secretary of State under section 14 of the 2002 Act ;
a reference to “ Standards Fund - non-devolved ” is a reference to moneys paid to a LEA under the Standards Fund Grant which have not been devolved to schools or spent by the LEA on any class or description of expenditure prescribed for the purposes of section 45A(2) of the 1998 Act ;
a reference to “teacher development” is a reference to expenditure on Teacher and Curriculum Centres, and on the employment of staff to train teachers at those centres;
the “Teachers' Pay Reform Grant” is a specific formula grant of that name paid to a LEA by the Secretary of State;
a reference to “visual and performing arts” is a reference to expenditure on activities which enable school pupils to enhance their knowledge and appreciation of visual and performing arts, other than music; and
“youth service” means a service provided in exercise of a LEA’s functions under section 15B or section 508 of the 1996 Act, or section 114 of the 2000 Act.
2
In these Regulations, unless the context otherwise requires, references to primary or secondary schools do not include special schools.
Revocation and saving
3
1
The 2005 Outturn Regulations are revoked.
2
Notwithstanding paragraph (1) above, the 2005 Outturn Regulations continue to apply in relation to the financial year beginning on 1 st April 2004.
Period to which an outturn statement must relate
4
For the purposes of section 52(2) of the 1998 Act, the period prescribed in accordance with section 52(2B) is the financial year beginning on 1 st April 2005, (the “relevant funding period”).
Prescribed form of, and information to be contained in, outturn statements
5
For the purposes of section 52(3)(a) of the 1998 Act, an outturn statement is prepared in three parts and contains the information prescribed for the purposes of section 52(2) as follows —
a
Part 1 is in the form prescribed in Schedule 1 and contains information with respect to —
i
a LEA’s planned expenditure from their schools budget and LEA budget as specified in the budget statement prepared by the LEA in respect of the relevant funding period, and
ii
expenditure incurred by the LEA, or treated by the LEA as having been incurred, from those budgets during that funding period.
b
Part 2 is in the form prescribed in Schedule 2 and contains information with respect to —
i
a LEA’s planned expenditure from their schools budget as specified in the budget statement prepared by the LEA for the relevant funding period; and
ii
expenditure incurred by the schools,
iii
expenditure incurred by the LEA, or treated as having been incurred by the LEA, from their schools budget, including funds delegated or devolved to schools, and funds expended on schools and Academies directly by the LEA from central expenditure,
iv
any other resources allocated to schools by the LEA,
v
other accountable resources held and expended by schools,
vi
expenditure on the youth service by the LEA
during the relevant funding period.
c
Part 3 is in the form prescribed in Schedule 3 and contains information in relation to each school with respect to —
i
the school’s planned budget share, as specified in the budget statement prepared by the LEA for the relevant funding period; and
ii
expenditure incurred by the LEA, or treated as having been incurred, in respect of that school,
iii
other resources allocated by the LEA to that school, and
iv
accountable resources held and expended by that school
during the relevant funding period.
Prescribed manner and time of publication of outturn statements
6
1
For the purposes of section 52(3)(b) of the 1998 Act, every outturn statement is published by —
a
supplying a copy to the Secretary of State for Education and Skills; and
b
making a copy available for inspection at all times free of charge —
i
at each principal office of the LEA; and
ii
on a website maintained by the LEA and accessible to the public.
2
A LEA must publish their outturn statement before 25 th August 2006.
3
A LEA must revise any outturn statement where they discover any errors in that statement.
4
Where a LEA revises any outturn statement, the revised statement must in the form prescribed by regulation 5, and must be published in accordance with the requirements of paragraph (1).
Jim Knight
Minister of State
Department for Education and Skills
4th July 2006


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Waste Management (England and Wales) Regulations 2006.
2
These Regulations come into force on 15th May 2006.
3
These Regulations extend to England and Wales only.
Amendment of the Environmental Protection Act 1990
2
1
The Environmental Protection Act 1990 is amended as follows.
2
In section 33 (prohibition on unauthorised or harmful depositing, treatment or disposal etc. of waste) —
a
for subsection (2), substitute —
2
Subject to subsection (2A) below, paragraphs (a) and (b) of subsection (1) above do not apply in relation to household waste from a domestic property which is treated, kept or disposed of within the curtilage of the property.
2A
Subsection (2) above does not apply to the treatment, keeping or disposal of household waste by an establishment or undertaking.
;
b
at the beginning of subsection (8) , insert “Subject to subsection (9) below,”;
c
after subsection (8), insert —
9
A person (other than an establishment or undertaking) who commits a relevant offence shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; and
b
on conviction on indictment, to a fine.
10
In this section, “relevant offence” means an offence under this section in respect of a contravention of subsection (1)(c) above consisting of the treatment, keeping or disposal within the curtillage of a domestic property of household waste from that property.
.
3
In section 33B (section 33 offences: clean-up costs) —
a
at the beginning of subsection (5), insert “Subject to subsection (6) below,”;
b
after subsection (5), insert —
6
Subsection (5) above does not apply where a person (other than an establishment or undertaking) is convicted of a relevant offence within the meaning of section 33 above.
.
4
In section 33C (section 33 offences: forfeiture of vehicles) —
a
at the beginning of subsection (1), insert “Subject to subsection (1A) below,”;
b
after subsection (1), insert —
1A
This section does not apply where a person (other than an establishment or undertaking) is convicted of a relevant offence within the meaning of section 33 above.
.
5
Sections 63(1) and 63(4) (waste other than controlled waste) are repealed.
6
In section 75 (meaning of “waste” and household, commercial and industrial waste and hazardous waste) —
a
at the end of subsection (6)(c), omit “or”;
b
at the end of subsection (6)(d), add —
; or
e
any mine or quarry or any premises used for agriculture within the meaning of the Agriculture Act 1947
;
c
at the end of subsection (7)(b), add “and”;
d
subsection (7)(c) is repealed;
e
in subsection (8), omit “but no regulations shall be made in respect of such waste as is mentioned in subsection (7)(c) above”;
f
at the end of subsection (12)(a), omit “and”; and
g
at the end of subsection (12)(b), add —
;
c
the decision of the European Commission, dated 24th May 1996 , adapting Annexes IIA and IIB to directive 75/442/ EEC on waste ; and
d
EC Regulation No. 1882/2003 of the European Parliament and the Council dated 29th September 2003
.
Amendment of the Environment Act 1995
3
1
Section 41 of the Environment Act 1995 (power to make schemes imposing charges) is amended as follows.
2
After subsection (2), insert —
2A
But, in relation to a relevant environmental licence, charges may not be prescribed in respect of waste from premises used for agriculture within the meaning of the Agriculture Act 1947.
.
3
In subsection (10), after the definition of “authorised activity”, insert —
“relevant environmental licence” means any registration mentioned in paragraph (j) of the definition of “environmental licence” which applies in relation to the Agency
.
Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
4
1
Regulation 2 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 (exemption from registration) is amended as follows.
2
In paragraph (1), for sub-paragraph (i), substitute —
i
a person who transports controlled waste which comprises only animal by-products collected and transported in accordance with Article 7(1) or 7(2) of the Community Regulation; and
j
a person who transports controlled waste which comprises only mines or quarries waste or agricultural waste
.
3
In paragraph (2) —
a
for the definition of “animal by-products”, substitute —
“animal by-products” has the same meaning as in the Community Regulation;
;
b
omit the definition of “knacker’s yard licence”;
c
insert the following definitions at the appropriate places —
“agricultural waste” means waste from premises used for agriculture within the meaning of the Agriculture Act 1947;
“the Community Regulation” has the same meaning, in relation to England and Wales, as in regulation 2(1) of the Animal By-Products Regulations 2005 ;
and
“mines or quarries waste” means waste from a mine or quarry;
.
Amendment of the Controlled Waste Regulations 1992
5
1
The Controlled Waste Regulations 1992 are amended as follows.
2
Omit regulation 1(4)(a).
3
Omit regulation 3(1).
4
In regulation 7 (waste not to be treated as industrial or commercial waste), for paragraphs (3) and (4), substitute —
3
Section 34 (duty of care etc. as respects waste) does not apply to waste which comprises animal by-products collected and transported in accordance with Article 7(1) or 7(2) of the Community Regulation.
4
In this regulation, “Community Regulation” has the same meaning, in relation to England and Wales, as in regulation 2(1) of the Animal By-Products Regulations 2005 and “animal by-products” has the same meaning as in the Community Regulation.
5
In Schedule 3 (waste to be treated as industrial waste), at the end, insert —
19
Any other waste which is Directive Waste, with the exception of any waste which is expressed by any other provision of these Regulations or section 75(5) or (7) of the Act to be household waste or commercial waste.
.
Amendment of the Waste Management Licensing Regulations 1994
6
1
The Waste Management Licensing Regulations 1994 are amended as follows.
2
In regulation 1(3) (interpretation) —
a
at the end of the definition of “the Directive”, add “, Commission Decision 96/350/EC and Regulation (EC) No 1882/2003 ”; and
b
insert the following definitions at the appropriate places —
“agricultural waste” means, in relation to England and Wales, waste from premises used for agriculture within the meaning of the Agriculture Act 1947;
and
“mines or quarries waste” means, in relation to England and Wales, waste from a mine or quarry;
.
3
Regulation 15 (groundwater) is revoked.
4
In regulation 16 (exclusion of activities under other control regimes from waste management licensing)–
a
at the end of paragraph (1)(c), omit “and”; and
b
at the end, insert —
; and
e
the disposal of agricultural waste in or on land under an authorisation under regulation 18 of the Groundwater Regulations 1998 ;
.
5
In regulation 18 (registration in connection with exempt activities) —
a
omit paragraphs (1A) and (1B) ;
b
omit paragraph (10)(b); and
c
for paragraph (10)(c), substitute —
c
in the case of an exempt activity falling within paragraph 23 of Schedule 3 —
i
in England, the authority responsible for granting an authorisation under which the exempt activity is carried on under regulation 27 of the Animal By-Products Regulations 2005; and
ii
in Wales, the authority responsible for granting an authorisation under which the exempt activity is carried on under regulation 27 of the Animal By-Products (Wales) Regulations 2003 ;
.
6
After regulation 18AA, insert —
Records in relation to exempt activities
18A
1
An establishment or undertaking carrying on an exempt activity to which this regulation applies shall keep records of the quantity, nature, origin and, where relevant, destination and treatment method of all waste recovered in the course of that activity.
2
This regulation —
a
applies to an activity falling within paragraph 47 of Schedule 3 ; but
b
does not apply where that activity is carried out on land subject to an action programme under the Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998 .
3
Records required under this regulation shall be kept for a period of at least two years and shall be made available to the appropriate registration authority on request.
4
A person who fails to comply with a requirement imposed on him by this regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
7
In regulation 18AA (supervision of exempt activities), in paragraph (12) after “In this regulation,” insert ““appropriate registration authority” has the same meaning as in regulation 18(10) and“.
8
In regulation 20 (registration of brokers) —
a
in paragraph (4) —
i
at the end of sub-paragraph (c) delete “or”; and
ii
at the end insert —
;
e
arranges on behalf of another person (as dealer or broker) for the disposal or recovery of agricultural waste or mines or quarries waste only; or
f
arranges on behalf of another person (as dealer or broker) for the disposal or recovery of waste comprising animal by-products only
;
b
at the end, insert —
9
In this regulation, in relation to England and Wales, “animal by-products” has the same meaning as in the Community Regulation, and “Community Regulation” has the same meaning as in regulation 2(1) of the Animal By-Products Regulations 2005.
.
9
In Schedule 3 (activities exempt from waste management licensing) —
a
omit paragraph 16;
b
for paragraph 23, substitute —
23
1
The recovery of waste consisting of animal by-products at a collection centre —
a
in relation to England, in accordance with an authorisation under regulation 27 of the Animal By-Products Regulations 2005; or
b
in relation to Wales, in accordance with an authorisation under regulation 27 of the Animal By-Products (Wales) Regulations 2003;
if the total quantity of waste being recovered at that collection centre at any time does not exceed 10 tonnes.
2
The storage of the waste intended to be submitted to such a recovery operation as is referred to in sub-paragraph (1) above if —
a
storage takes place in a secure place; and
b
no waste is stored for more than twelve months.
3
In this paragraph —
a
in relation to England, “animal by-products” and “collection centre” have the same meaning as in the Community Regulation and “Community Regulation” has the same meaning as in regulation 2(1) of the Animal By-Products Regulations 2005; and
b
in relation to Wales, “animal by-products” and “collection centre” have the same meaning as in the Community Regulation and “Community Regulation” has the same meaning as in regulation 2(1) of the Animal By-Products (Wales) Regulations 2003.
;
c
in paragraph 30 —
i
for sub-paragraph (1)(a), substitute —
a
the waste consists of plant tissue;
;
ii
at the beginning of sub-paragraph (1)(b), insert “it is agricultural waste or”; and
iii
at the end, insert —
4
The incorporation into soil of ash from cereal straw or cereal stubble burned in reliance of the exemption conferred by sub-paragraph (1) above if —
a
the incorporation is on the land where the ash was produced; and
b
the ash is incorporated in accordance with paragraph 10 of Schedule 2 to the Crop Residues (Burning) Regulations 1993 .
;
d
in paragraph 45, at the beginning of sub-paragraph (6), insert “In sub-paragraphs (3) and (4), “appropriate registration authority” has the same meaning as in regulation 18(10), and“;
e
after paragraph 46A , insert —
47
1
The treatment of land used for agriculture with agricultural waste where such treatment results in benefit to agriculture or ecological improvement if —
a
the waste consists only of liquid milk;
b
the land is at least —
i
10 metres from a watercourse; and
ii
50 metres from a spring, well or borehole;
c
before the treatment the waste is diluted with not less than an equal quantity of water or slurry;
d
at the start of the treatment and at any time during the treatment —
i
the land has not been frozen for 12 or more hours during the preceding 24 hours;
ii
the land is not waterlogged, flooded or snow-covered;
e
the activity is carried out in accordance with any requirement imposed by an action programme under the Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998;
f
the land is treated at a rate no greater than 50 cubic metres (tonnes) of diluted waste per hectare per 24 hours;
g
in any month the land is treated with no more than 50 cubic metres (tonnes) of diluted waste per hectare; and
h
the total amount of nitrogen added to the soil as a result of the treatment does not exceed 250 kilogrammes per hectare in any period of twelve months.
2
The secure storage or dilution of waste intended to be used to treat land as specified in sub-paragraph (1) above.
48
The deposit of agricultural waste consisting of plant tissue at the place of production if —
a
there is no more than 250 cubic metres (tonnes) in any one deposit;
b
the deposit is made on land which is at least —
i
10 metres from a watercourse; and
ii
50 metres from a spring, well or borehole;
c
the deposit is not immediately adjacent to any other deposit made in reliance on this exemption;
d
at the time the deposit is made —
i
the land has not been frozen for 12 or more hours during the preceding 24 hours;
ii
the land is not waterlogged, flooded or snow-covered; and
e
the deposit is carried out in accordance with any requirement imposed by an action programme under the Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998.
.
10
In Part I of Schedule 4 ( Waste Framework Directive etc.) —
a
in paragraph 9, omit sub-paragraphs (2) and (6).
b
omit sub-paragraph (3) of paragraph 10 (modification of Part I of the Control of Pollution Act 1974);
c
at the end of paragraph 11 (references to “waste” in planning and water legislation), insert “and section 85(1) of the Water Resources Act 1991 shall have effect as if the word “solid” were omitted“;
d
in paragraph 12 (registration by professional collectors and transporters of waste, and by dealers and brokers) —
i
for sub-paragraphs (1) and (2) substitute —
1
Subject to sub-paragraph (3) below, it shall be an offence for an establishment or undertaking falling within —
a
sub-paragraph (a), (c), (f) or (g) of regulation 2(1) of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 to collect or transport waste on a professional basis; or
b
sub-paragraph (i) or (j) of that regulation to collect or transport waste on a professional basis after 15th November 2006,
unless it is registered in accordance with the provisions of this paragraph.
2
Subject to sub-paragraph (3) below, it shall be an offence for an establishment or undertaking falling within —
a
sub-paragraph (a), (b) or (c) of regulation 20(4); or
b
sub-paragraph (e) or (f) of that regulation after 15th November 2006,
to arrange for the recovery or disposal of waste on behalf of another person unless it is registered in accordance with the provisions of this paragraph.
;
ii
in sub-paragraph (11) for “and “controlled waste” have the same meaning as they have“, substitute “has the same meaning as it has”.
11
For Parts III and IV of Schedule 4 substitute —
Part III
Waste Disposal Operations
1
Deposit of waste into or onto land (for example, landfill) (D1).
2
Land treatment of waste (for example, biodegradation of liquid or sludgy discards in soils) (D2).
3
Deep injection of waste (for example, injection of pumpable discards into wells, salt domes or naturally occurring repositories) (D3).
4
Surface impoundment of waste (for example, placement of liquid or sludgy discards into pits, ponds or lagoons) (D4).
5
Specially engineered landfill of waste (for example, placement of waste into lined discrete cells which are capped and isolated from one another and the environment) (D5).
6
Release of waste into a water body except seas or oceans (D6).
7
Release of waste into seas or oceans including sea-bed insertion (D7).
8
Biological treatment of waste not listed elsewhere in this Part of this Schedule which results in final compounds or mixtures which are discarded by means of any of the operations listed in paragraphs 1 to 12 of this Part of this Schedule (D8).
9
Physico-chemical treatment of waste not listed elsewhere in this Part of this Schedule which results in final compounds or mixtures which are discarded by means of any of the operations listed in paragraphs 1 to 12 of this Part of this Schedule (for example, evaporation, drying, calcination) (D9).
10
Incineration of waste on land (D10).
11
Incineration of waste at sea (D11).
12
Permanent storage of waste (for example, emplacement of containers in a mine) (D12).
13
Blending or mixing of waste prior to the waste being submitted to any of the operations listed in paragraphs 1 to 12 of this Part of this Schedule (D13).
14
Repackaging of waste prior to the waste being submitted to any of the operations listed in paragraphs 1 to 13 of this Part of this Schedule (D14).
15
Storage of waste pending any of the operations listed in paragraphs 1 to 14 of this Part of this Schedule, but excluding temporary storage, pending collection, on the site where the waste is produced (D15).
(Note:- the reference in brackets at the end of each paragraph of this Part of this Schedule is the number of the corresponding paragraph in Annex IIA to the Directive.)
Part IV
Waste Recovery Operations
1
Use of waste principally as a fuel or for other means of generating energy (R1).
2
Reclamation or regeneration of solvents (R2).
3
Recycling or reclamation of organic substances which are not used as solvents, including composting and other biological transformation processes (R3).
4
Recycling or reclamation of metals and metal compounds (R4).
5
Recycling or reclamation of other inorganic materials (R5).
6
Regeneration of acids or bases (R6).
7
Recovery of components used for pollution abatement (R7).
8
Recovery of components from catalysts (R8).
9
Re-refining, or other reuses, of oil which is waste (R9).
10
Land treatment resulting in benefit to agriculture or ecological improvement (R10).
11
Use of waste obtained from any of the operations listed in paragraphs 1 to 10 of this Part of this Schedule (R11).
12
Exchange of waste for submission to any of the operations listed in paragraphs 1 to 11 of this Part of this Schedule (R12).
13
Storage of waste pending any of the operations listed in paragraphs 1 to 12 of this Part of this Schedule, but excluding temporary storage, pending collection, on the site where the waste is produced (R13).
(Note:- the reference in brackets at the end of each paragraph of this Part of this Schedule is the number of the corresponding paragraph in Annex IIB to the Directive.).
Amendment of the Waste Management Regulations 1996
7
1
The Waste Management Regulations 1996 are amended as follows.
2
In paragraph (2) of regulation 4 (pre-qualification technical competence), for “in Table 1 of Regulation 4(1) of ”, substitute “in Table 1 of Schedule 1A to”.
Amendment of the Groundwater Regulations 1998
8
1
The Groundwater Regulations 1998 are amended as follows.
2
In regulation 1(3), in the definition of “authorisation” —
a
at the end of paragraph (d), omit “and”; and
b
at the end of paragraph (e), add —
and
f
a waste management licence (within the meaning of Part 2 of the Environmental Protection Act 1990);
.
3
In regulation 2 —
a
at the end of sub-paragraph (1)(b), insert “or”;
b
at the end of sub-paragraph (1)(c), omit “or”; and
c
omit sub-paragraph (1)(d).
4
In regulation 3, after “Part 1 of the Environmental Protection Act 1990 (integrated pollution control)”, insert “, Part 2 of the Environmental Protection Act 1990 (waste on land)”.
Amendment of the Landfill (England and Wales) Regulations 2002
9
1
The Landfill (England and Wales) Regulations 2002 are amended as follows.
2
In regulation 2 (interpretation), insert the following definitions at the appropriate places —
“agricultural waste” means waste from premises used for agriculture within the meaning of the Agriculture Act 1947;
“mines or quarries waste” means waste from a mine or quarry;
.
3
In regulation 4 (cases where regulations do not apply) —
a
at the end of paragraph (c), omit “or”;
b
at the end of paragraph (d), add —
; or
e
any landfill for the disposal of agricultural waste or mines or quarries waste which ceased to accept waste for disposal before 15th May 2006
.
4
In regulation 8(4) for “paragraph 3(3) to (5)” substitute “paragraphs 3(3) to (5) and 6(2)”.
5
In regulation 17(1)(c) after “paragraph 3(5)” insert “, 5(3), (6), (10)(b) or 6(2)”.
6
In Schedule 4 (transitional provisions) —
a
in paragraph 1(1) at the end of paragraph (b), add —
; and
c
it is not a landfill to which paragraph 5 applies
;
b
in paragraph 3 —
i
at the beginning of sub-paragraph (1), insert “Subject to sub-paragraph (1A)”;
ii
after sub-paragraph (1), insert —
1A
This paragraph does not apply to a landfill to which paragraph 5 applies.
;
c
in paragraph 4(1) —
i
at the end of paragraph (a), omit “and”;
ii
at the end of paragraph (b), add —
; and
c
it is not a landfill to which paragraph 5 applies
;
d
at the end of paragraph 4, insert —
5
1
This paragraph shall apply to a landfill if —
a
it is a site for the disposal of —
i
agricultural waste only;
ii
mines or quarries waste only; or
iii
agricultural waste and mines or quarries waste only; and
b
it is in operation on 15th May 2006.
2
A landfill to which this paragraph applies shall be treated as an existing installation for the purposes of Part 1 of Schedule 3 to the 2000 Regulations.
3
If the operator proposes to continue to accept waste after 15th June 2006 he shall prepare a conditioning plan for the landfill site and submit it to the Environment Agency before that date.
4
The conditioning plan required by sub-paragraph (3) shall —
a
be prepared on a form provided for that purpose by the Environment Agency; and
b
contain details of any corrective measures which the operator considers will be needed in order to comply with the relevant requirements of these Regulations.
5
Closure of the landfill (in whole or in part) shall take place as soon as possible in accordance with sub-paragraphs (6) to (10) if —
a
the operator does not propose to continue to accept waste;
b
the Environment Agency decides, following the submission by the operator of a conditioning plan, that there is no reasonable prospect of the landfill or part of it meeting the relevant requirements of these Regulations (such decision, and the reasons for it, to be set out in a notice served on the operator); or
c
the operator fails to submit a conditioning plan as required by sub-paragraphs (3) and (4).
6
The operator shall submit to the Environment Agency such reports in connection with the closure of the landfill site as it may require by notice in writing.
7
The Environment Agency shall —
a
assess all the reports submitted by the operator; and
b
carry out an on-site inspection.
8
The Environment Agency shall by notice in writing served on the operator require closure of the landfill in accordance with the control and monitoring procedures set out in Schedule 3 subject to such conditions as are specified in the notice for such period as the Environment Agency determines is reasonable, taking into account the time during which the landfill could present a hazard to the environment.
9
The Environment Agency may, at any time during which the landfill could present a hazard, vary a notice served under sub-paragraph (8) by notice in writing served on the operator and such notice shall state the reasons for the Agency’s decision to make the variation.
10
The operator shall as soon as reasonably possible —
a
notify the Environment Agency of any significant adverse environmental effects revealed by the control and monitoring procedures required by sub-paragraph (8); and
b
comply with a notice —
i
served under sub-paragraph (8); or
ii
varied under sub-paragraph (9).
11
In any case where the whole of a landfill is not subject to closure under sub-paragraph (5) the operator must within the relevant period submit an application for a landfill permit under regulation 10 of the 2000 Regulations (permits: general provisions) so that the Environment Agency may determine whether waste may continue to be accepted for disposal at the landfill.
12
Where the Environment Agency decides to grant a landfill permit pursuant to an application made in accordance with sub-paragraph (11), the Agency shall specify the date or dates on which the permit conditions authorised or required by these Regulations shall take effect.
13
The Environment Agency shall exercise its powers under sub-paragraph (12) —
a
on the basis of an assessment of environmental risks; and
b
with a view to achieving full compliance with the relevant requirements of these Regulations —
i
as soon as possible; and
ii
by 31st March 2007 at the latest.
14
A notice served under sub-paragraph (8) shall be treated as a closure notice for the purposes of regulation 27 of the 2000 Regulations (appeals) and a condition of such a notice shall be treated as a condition of a permit for the purposes of regulation 24 of the 2000 Regulations (enforcement notices).
15
Sections 41 and 42 of the Environment Act 1995 (charging schemes) shall apply in relation to a notice under sub-paragraph (8) as if any reference to an environmental licence included a reference to such a notice.
16
In sub-paragraph (11), “relevant period” means the relevant period specified pursuant to paragraph 2(2) of Schedule 3 to the 2000 Regulations for landfills to which this paragraph applies.
6
1
The Environment Agency shall by notice in writing served on the operator before 15th August 2006 classify any landfill to which paragraph 5 applies and which continues to accept waste which appears to the Environment Agency to require classification as a landfill for hazardous waste.
2
Regulations 9, 10 and 12 of these Regulations shall impose obligations directly on the operator of any landfill which is for the time being classified under sub-paragraph (1) as a landfill for hazardous waste pending determination of an application made pursuant to paragraph 5(11).
.
7
For the second column of the table in paragraph 1(14)(a) of Schedule 5 (amendments to subordinate legislation), substitute —
In the case of a landfill to which paragraph 1 of Schedule 4 to the 2002 Regulations applies, the period specified in the notice served on the operator under paragraph 1(9) of that Schedule and, in the case of a landfill to which paragraph 5 of that Schedule applies, the period of six months starting on 15th August 2006.
.
Amendment of the Hazardous Waste (England and Wales) Regulations 2005
10
1
The Hazardous Waste (England and Wales) Regulations 2005 are amended as follows.
2
In regulation 16 (agricultural waste) for “1st September 2006”, substitute “15th May 2007”.
3
In regulation 17 (mines and quarries waste) for “1st September 2006”, substitute “15th May 2007”.
Amendment of the Hazardous Waste (Wales) Regulations 2005
11
1
The Hazardous Waste (Wales) Regulations 2005 are amended as follows.
2
In regulation 16 (agricultural waste) —
a
in the English text, for “1 September 2006”, substitute “15 May 2007”; and
b
in the Welsh text, for “1 Medi 2006”, substitute “15 Mai 2007”.
3
In regulation 17 (mines and quarries waste) —
a
in the English text, for “1 September 2006”, substitute “15 May 2007”; and
b
in the Welsh text, for “1 Medi 2006”, substitute “15 Mai 2007”.
Amendment of the Waste Management Licensing (England and Wales) (Amendment and Related Provisions) (No. 3) Regulations 2005
12
1
The Waste Management Licensing (England and Wales) (Amendment and Related Provisions) (No. 3) Regulations are amended as follows.
2
In regulation 21(1), for “paragraph (2)”, substitute “paragraphs (1A) and (2)”.
3
After regulation 21(1), insert —
1A
Paragraph (1) does not apply in relation to an activity where the waste to be disposed of or recovered comprises agricultural waste only.
.
4
After regulation 21(2), insert —
3
In this regulation, “agricultural waste” means waste from premises used for agriculture within the meaning of the Agriculture Act 1947.
.
Transitional provisions
13
1
Section 33(1)(a) and (b) of the Environmental Protection Act 1990 shall not apply to the deposit, disposal or recovery of mines or quarries waste or agricultural waste by any person at any premises if he had carried on the activity in question at those premises before 15th May 2006.
2
Subject to paragraph (3) below, the exemption conferred by paragraph (1) above, in relation to an activity carried on by a person at any premises, shall after 15th May 2007 cease to have effect in relation to the carrying on of that activity at those premises unless on or before that date he applies for a waste management licence in relation to the activity in question.
3
Where a person makes such an application as is mentioned in paragraph (2) above, the exemption conferred by paragraph (1) above shall continue to have effect in relation to the activity in question until the date on which the licence applied for is granted or, if the application is (or is deemed to be) rejected, until the date on which —
a
the period for appealing expires without an appeal having being made; or
b
any appeal is withdrawn or finally determined.
4
In this regulation —
“agricultural waste” means waste from premises used for agriculture within the meaning of the Agriculture Act 1947; and
“mines or quarries waste” means waste from a mine or quarry.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
28th March 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Western Ambulance Service National Health Service Trust (Establishment) Order 2006 and shall come into force on 1st July 2006.
2
In this Order —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act; and
“the trust” means the South Western Ambulance Service National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the South Western Ambulance Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services for the purposes of the health service and, in particular, to provide and manage —
a
ambulance and associated transport services; and
b
such other services, including community health services, as can reasonably be carried out in conjunction with the provision and management of ambulance and associated transport services.
Directors of the trust
4
The trust shall have 6 non-executive directors (including the chairman), and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st July 2006.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health
Warner
Minister of State,
Department of Health
15th June 2006


text:
Citation and commencement
1
This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 2006 and shall come into force immediately after the articles mentioned in article 1(3) of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc. ) (No. 3) Order 2006 come into force.
Specification of functions
2
The functions exercisable by the Scottish Ministers under regulations 5(2), 10(4) and 14(2) of the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 are hereby specified for the purposes of section 93(1) of the Scotland Act 1998.
Modifications of enactments
3
In the Scotland Act 1998 (Agency Arrangements) (Specification) Order 1999 –
a
in article 1(3) (citation, commencement and interpretation) omit the words “ NHS Trust” and “family credit”;
b
in paragraph 1 of Schedule 3 (Functions of the Scottish Ministers) omit the words “an NHS Trust or” and “and for dried milk sold to family credit beneficiaries at a reduced price”; and
c
in paragraph 2 of Schedule 3 for the words “an NHS Trust or” substitute “a”.
Meriel McCullagh
Deputy Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Transfer Values etc.) (Coal Staff and Mineworkers' Schemes) (Amendment) Regulations 2006 and shall come into force on 6th February 2006.
2
In these Regulations —
“the Pension Credit Benefit Regulations” means the Pension Sharing (Pension Credit Benefit) Regulations 2000 ;
“the Transfer Values Regulations” means the Occupational Pension Schemes (Transfer Values) Regulations 1996 ;
“the Valuation Regulations” means the Pension Sharing (Valuation) Regulations 2000 .
Amendment of the Transfer Values Regulations
2
1
Regulation 7 of the Transfer Values Regulations (manner of calculation and verification of cash equivalents) is amended in accordance with this regulation.
2
In paragraph (1) for “paragraph (2) or (5)” substitute “paragraph (2), (2A) or (5)”.
3
After paragraph (2) insert —
2A
Where a member, in relation to whom a cash equivalent is to be calculated and verified, is a member of a scheme modified by —
a
the British Coal Staff Superannuation Scheme (Modification) Regulations 1994 ; or
b
the Mineworkers' Pension Scheme (Modification) Regulations 1994 ,
the cash equivalent of his bonus shall be calculated and verified by the actuary to reflect the fact that a reduced bonus, or no bonus, may become payable in accordance with the provisions governing the scheme in question.
2B
For the purposes of paragraph (2A) “bonus” means any —
a
augmentation of his benefits; or
b
new, additional or alternative benefits,
which the trustees of the scheme in question have applied to the member’s benefits, or granted to him in accordance with the provisions governing that scheme, on the basis of findings as to that scheme’s funding position.
.
Amendment of the Pension Credit Benefit Regulations
3
1
Regulation 24 of the Pension Credit Benefit Regulations (manner of calculation and verification of cash equivalents) is amended in accordance with this regulation.
2
In paragraph (1) for “paragraph (2) or (5)” substitute “paragraph (2), (2A) or (5)”.
3
After paragraph (2) insert —
2A
Where an eligible member, in relation to whom a cash equivalent is to be calculated and verified, is a member of a scheme modified by —
a
the British Coal Staff Superannuation Scheme (Modification) Regulations 1994; or
b
the Mineworkers' Pension Scheme (Modification) Regulations 1994,
the cash equivalent of his bonus shall be calculated and verified by the actuary to reflect the fact that a reduced bonus, or no bonus, may become payable in accordance with the provisions governing the scheme in question.
2B
For the purposes of paragraph (2A) “bonus” means any —
a
augmentation of his benefits; or
b
new, additional or alternative benefits,
which the trustees of the scheme in question have applied to the eligible member’s benefits, or granted to him in accordance with the provisions governing that scheme, on the basis of findings as to that scheme’s funding position.
.
Amendment of the Valuation Regulations
4
1
Regulation 4 of the Valuation Regulations (manner of calculation and verification of cash equivalents) is amended in accordance with this regulation.
2
In paragraph (1) for “paragraph (2) or (5)” substitute “paragraph (2), (2C) or (5)”.
3
After paragraph (2B) insert —
2C
Where a transferor, in relation to whom a cash equivalent is to be calculated and verified, is a member of a scheme modified by —
a
the British Coal Staff Superannuation Scheme (Modification) Regulations 1994; or
b
the Mineworkers' Pension Scheme (Modification) Regulations 1994,
the cash equivalent of his bonus shall be calculated and verified by the actuary to reflect the fact that a reduced bonus, or no bonus, may become payable in accordance with the provisions governing the scheme in question.
2D
For the purposes of paragraph (2C) “bonus” means any —
a
augmentation of his benefits; or
b
new, additional or alternative benefits,
which the trustees of the scheme in question have applied to the transferor’s benefits, or granted to him in accordance with the provisions governing that scheme, on the basis of findings as to that scheme’s funding position.
.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
10th January 2006


text:
Citation and commencement
1
1
These Regulations may be cited as the Education (Student Loans) (Repayment) (Amendment) Regulations 2006 and come into force on 1st September 2006.
Amendment of the Education (Student Loans) (Repayment) Regulations 2000
2
The Education (Student Loans) (Repayment) Regulations 2000 are amended as follows.
3
In regulation 2 insert in the appropriate place the following definition —
“the Assembly” means the National Assembly for Wales;
.
4
After regulation 3(3) insert the following —
4
No provision of Part 3 or 4 nor any provision of Part 1 or 2 so far as it relates to the application of Parts 3 and 4 applies in relation to student loans made by the Assembly under section 22 of the Act unless the Assembly —
a
has determined, in relation to any student loan or description of student loan, that repayments are to be collected by the Board, and
b
has given notice to the Secretary of State and to the borrower.
5
Where Parts 3 and 4 of these Regulations and any provision of Part 1 or 2 of these Regulations so far as it relates to the application of Parts 3 and 4 apply to student loans made by the Assembly pursuant to paragraph (4), they apply with the following modifications —
“borrower” means a person to whom the Assembly has lent money pursuant to Regulations made by it under section 22 of the Act and who has not received a notice from the Assembly that it has been repaid in full or cancelled;
“Secretary of State” means, other than in this regulation and regulation 4, the Assembly, and includes any person exercising functions on behalf of the Assembly pursuant to section 23(4) of the Act; and
“student loan” means the total outstanding principal, interest and charges owed by a borrower to the Assembly pursuant to Regulations made under section 22 of the Act, excluding any interest, penalties or charges payable under Part 3 or 4.
5
In regulation 9 —
a
insert in the appropriate place the following definitions —
“the 1998 to 2005 Regulations ” means the Education (Student Support) Regulations 1998 , the Education (Student Support) Regulations 1999 , the Education (Student Support) Regulations 2000 , the Education (Student Support) Regulations 2001 , the Education (Student Support) Regulations 2002 , the Education (Student Support) (No.2) Regulations 2002 and the Education (Student Support) Regulations 2005 ;
“the 2006 Regulations ” means the Education (Student Support) Regulations 2006 ;
“end-on course” means —
a full-time first degree course (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time course mentioned in paragraph (5) for which the student received or was entitled to receive an award made under the Education (Mandatory Awards) Regulations 1998 (other than an award within the meaning of the Education (Mandatory Awards) Regulations 2003 ), or financial support under the 1998 to 2005 Regulations; and
a full-time honours degree course beginning on or after 1 st September 2006 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time foundation degree course and for which the student received or was entitled to receive any of the financial support mentioned in paragraph (a);
b
after paragraph (3) insert the following —
4
The definitions of “the 1998 to 2005 Regulations”, “the 2006 Regulations” and “end-on course” do not apply to Part 2 in its application to Wales.
5
The courses mentioned in this paragraph are a course for the Diploma of Higher Education; and a course for the Higher National Diploma or Higher National Certificate of —
a
the Business & Technician Education Council; or
b
the Scottish Qualifications Authority.
6
In regulation 10(2)(b) for “Part 5” substitute “Part 5 in relation to Wales and Part 6 in relation to England”.
7
In regulation 11 for “Part 5” wherever those words appear substitute “Part 5 in relation to Wales and Part 6 in relation to England”.
8
In regulation 12 before paragraph (1) insert the following —
A1
This regulation applies in relation to Wales only.
9
After regulation 12 insert the following —
12A
1
This regulation applies in relation to England only.
2
This regulation shall apply where a borrower is not in breach of any obligation to repay his student loan under Part 6 or any obligation to repay any loan mentioned in paragraph (5).
3
In this regulation “post-2006 student loan” means any student loan paid under the 2006 Regulations or any subsequent Regulations made under section 22 of the Act and taken out by the following —
a
a borrower who takes out a student loan for the first time in respect of an academic year beginning on or after 1 st September 2006; or
b
a borrower who takes out a student loan in respect of a course which satisfies the following conditions —
i
it begins on or after 1 st September 2006;
ii
it is not an end-on course following on from a course which he began before 1 st September 2006; and
iii
it is not one to which he had his status as a student eligible for support under Regulations made under section 22 of the Act transferred from another course which he began before 1 st September 2006.
4
The Secretary of State shall cancel the borrower’s liability to repay his student loan when one of the following occurs —
a
the borrower dies;
b
the borrower receives a disability related benefit and because of his disability is permanently unfit for work;
c
in the case of post-2006 student loans, the 25 th anniversary of the date on which the borrower became liable to repay the student loan; or
d
in the case of student loans which are not post-2006 student loans, the borrower reaches the age of 65.
5
The loans mentioned in this paragraph are loans made under the Education (Student Loans) Act 1990 , the Education (Student Loans) (Northern Ireland) Order 1990 , the Education (Scotland) Act 1980 and Regulations made under it and the Education (Student Support) (Northern Ireland) Order 1998 and Regulations made under it.
6
The cancellation of the borrower’s liability to repay his student loan under paragraph (4) shall not affect his liability to make repayments under Part 3 subject to and in accordance with that Part in respect to any year of assessment —
a
in the case of cancellation under paragraph (4)(a) during which the borrower was alive; and
b
in any other case preceding the year of assessment during which the student loan was cancelled.
7
The cancellation of a borrower’s liability to repay his student loan under paragraph (4) shall not affect his liability to make repayments by way of deductions made under Part 4 subject to and in accordance with that Part in respect of any earnings period ending before the date of cancellation.
10
In regulation 13C —
a
after paragraph (3) insert the following —
3A
Where a borrower has been liable to a penalty under paragraph (2) in respect of an Information Notice and has paid it, but does not comply with the Information Notice within a period of 28 days from the date of payment, the Secretary of State may require the borrower to pay one additional penalty of £100 in respect of that Information Notice;
b
in paragraph (4) for “or (3)” substitute “(3) or (3A)”; and
c
in paragraph (5) for “or (3)” substitute “(3) or (3A)”.
11
In regulation 13E after “13B(4)” insert “, 13C(3A)”.
12
After regulation 13E insert the following —
13F
Where a borrower has failed to comply with a Penalty Notice or an Information Notice or both the Secretary of State may require him to repay his loan in full immediately.
13
At the beginning of Part 5 insert the following —
52D
This Part applies in relation to Wales only.
14
After Part 5 insert the following —
PART 6
Repayment by Overseas Borrowers
58
This Part applies in relation to England only.
Interpretation
59
In this Part —
“gross income” means income from all sources before deductions for or relief from tax or other statutory charge;
“residence” in or outside the United Kingdom has the same meaning as it has in the Taxes Acts;
“Eurostat” means the Statistical Office for the European Communities.
Notice of overseas residence
60
1
A borrower shall notify the Secretary of State of any period of residence outside the United Kingdom which exceeds three months.
2
A borrower shall provide such information about his income during any such period of residence as the Secretary of State may require.
Notice of liability to make repayments
61
1
Subject to regulation 63, where the Secretary of State is satisfied that a borrower is resident outside the United Kingdom he may serve a notice on the borrower requiring the borrower to repay his student loan in accordance with regulation 62.
2
In a notice served under paragraph (1) the Secretary of State may require a borrower who has failed to —
a
give the notice required by regulation 60(1), or
b
provide any information required by the Secretary of State under regulation 60(2)
to repay immediately such part of his student loan as well reduce the amount outstanding to the amount which the Secretary of State considers would have been outstanding if the borrower had given the notice or provided the information required of him.
Repayment by fixed instalments
62
A borrower shall not later than the day specified in a notice served under regulation 61 and not later than the same day of each subsequent month pay the Secretary of State a fixed instalment, calculated in accordance with regulation 64.
Repayment by income-related instalments
63
1
Where the Secretary of State is satisfied that a borrower to whom regulation 61 applies has complied with a requirement to provide information under regulation 60, he may determine that the borrower may repay his loan by income-related instalments, in accordance with this regulation.
2
The first such instalment must be paid on a date determined by the Secretary of State, being a date not more than two months later than the date of the determination, and subsequent instalments shall be paid not later than the same date in each subsequent month for up to twelve months.
3
Each instalment shall be one twelfth of the relevant amount.
4
The relevant amount shall be 9% of the gross income which the Secretary of State considers the borrower is likely to receive during the twelve month period following the date of the determination referred to in paragraph (2), disregarding —
a
income up to the applicable threshold, calculated in accordance with regulation 64; and
b
income in respect of which the Secretary of State is satisfied that repayments are likely to be made under Part 3 or 4.
5
The amount of the instalment shall be stated in the determination.
6
At the end of the period for payment of instalments referred to in paragraph (2), the borrower shall pay fixed instalments under regulation 62, subject to a further determination under paragraph (1).
7
At any time during the period for payment of instalments referred to in paragraph (2) the Secretary of State may make a re-determination under paragraph (1).
Calculation of fixed instalment and applicable threshold
64
1
The fixed instalment in regulation 62 and the applicable threshold in regulation 63 shall be determined by reference to the most recent price level index for the borrower’s country of residence and in accordance with the following tables —
Band Price Level Index Fixed Instalment
A 0<30 £49.20 B 30<50 £98.40 C 50<70 £147.60 D 70<90 £196.80 E 90<110 £246 F 110<130 £295.20 G 130+ £344.40
Band Price Level Index Applicable Threshold
A 0<30 £3,000 B 30<50 £6,000 C 50<70 £9,000 D 70<90 £12,000 E 90<110 £15,000 F 110<130 £18,000 G 130+ £21,000
2
The price level index for the United Kingdom is 100.
3
Price level indices shall be calculated using the most recent provisional comparative price level indices measured in gross domestic product produced by Eurostat.
4
Where a price level index cannot be calculated because Eurostat does not hold the necessary data, it shall be calculated using the most recent provisional comparative price level indices measured in gross domestic product produced by the World Bank’s World Development Indicators.
5
Where a price level index cannot be calculated under paragraph (3) or (4), the applicable threshold and fixed instalment shall be those for band A.
6
The Secretary of State may determine that the applicable threshold or fixed instalment for a borrower shall be that for a country other than his country of residence.
Application to cease repayment by instalments
65
1
A borrower who —
a
is required to make repayments under this Part, and
b
who has not been required to repay his student loan in full immediately under regulation 66
may apply to the Secretary of State for a determination that he shall no longer be required to make such repayments.
2
Where the Secretary of State is satisfied that —
a
the borrower is resident in the United Kingdom, and
b
he is likely to be resident in the United Kingdom for the year of assessment during which the date specified in his determination will fall
he may determine that a borrower who has applied under paragraph (1) shall not be required to make repayments under this Part from a date specified in his determination, being a date not more than two months later than the date of the determination.
3
A determination under paragraph (2) shall have effect until the borrower again becomes liable to repay his loan under regulation 62 or 63.
Penalties
66
If borrower does not pay an instalment or other amount when it is due the Secretary of State may require him to repay his loan in full immediately.
Bill Rammell
Minister of State
Department for Education and Skills
22nd July 2006


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2006 and shall come into force on 1st October 2006.
Amendment of regulations
2
Schedule 2 (reduced pollution certificates and the reduced pollution requirements) to the Road Vehicles (Registration and Licensing) Regulations 2002 shall be amended in accordance with the following regulations.
3
In paragraph 1 (interpretation of Schedule) in sub-paragraph (1) after the definition of “reduced pollution examination” there shall be inserted —
“registered” in relation to an eligible vehicle means registered under section 21 of the 1994 Act;
.
4
In paragraph 4 (the reduced pollution requirements) —
a
in sub-paragraph (3) —
i
before paragraph (a) there shall be inserted —
za
which is registered before 1st October 2006;
;
ii
in paragraph (b) for “first used” there shall be substituted “registered”;
iii
in Table 1 in the heading to column 2 for “first used” there shall be substituted “registered”;
b
in sub-paragraph (4) —
i
before paragraph (a) there shall be inserted —
za
which is registered before 1st October 2006;
;
ii
in paragraph (b) for “first used” there shall be substituted “registered”;
iii
in Table 2 in the heading to column 2 for “first used” there shall be substituted “registered”;
c
in sub-paragraph (5) for “first used” there shall be substituted “registered”; and
d
sub-paragraph (6) shall be omitted.
5
In paragraph 7 (reduced pollution certificate to be conclusive) in sub-paragraph (1) after “eligible vehicle” there shall be inserted “which is registered,”.
6
In paragraph 10 (revocation, surrender and cancellation of a reduced pollution certificate) in sub-paragraph (1), at the beginning there shall be inserted “Subject to paragraph 10A,”.
7
After paragraph 10 there shall be inserted —
10A
1
Where pursuant to regulation 5(1) an applicant furnishes a reduced pollution certificate in respect of a vehicle which is not registered, the Secretary of State shall revoke that certificate if he is satisfied that it relates to an eligible vehicle which does not fall within paragraph 4(3) or (4).
2
Where the Secretary of State revokes a reduced pollution certificate under sub-paragraph (1) he shall cancel that certificate, whereupon it shall cease to have effect.
.
Signed by authority of the Secretary of State
G Merron
Parliamentary Under Secretary of State
Department for Transport
30th August 2006


text:
Citation, commencement, and interpretation
1
1
This Order may be cited as the European Communities (Designation) Order 2006 and shall come into force on 30th March 2006.
2
In this Order —
“ the Act ” means the European Communities Act 1972,
“Minister or government department” means a Minister of the Crown or government department, but does not include a Northern Ireland Minister or Northern Ireland department, and
“regulations” means regulations made pursuant to section 2(2) of the Act.
Designation of Minister or departments
2
1
For the purposes of section 2(2) of the Act, the Minister or government departments specified in column (1) of Schedule 1 to this Order are designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated by this Order in relation to any matter, for which any other Minister or government department has been designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Designation of Northern Ireland departments
3
1
For the purposes of section 2(2) of the Act, any Northern Ireland department is designated in relation to the matters specified in Schedule 2 to this Order.
2
Regulations made by a Northern Ireland department in pursuance of this Order, that are not made jointly with a Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
3
Where any Northern Ireland department is designated by this Order in relation to any matter, for which any Minister or government department is designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Revocation of earlier designations
4
The Orders specified in column (1) of Schedule 3 to this Order are revoked in so far as they relate to the designations listed in column (2) of that Schedule.
A.K. Galloway
Clerk of the Privy Council


text:
Title, application and commencement
1
These Regulations may be cited as the Salmonella in Broiler Flocks (Survey Powers) (England) Regulations 2006; they apply in England and come into force on 12th April 2006.
Interpretation
2
1
In these Regulations —
“Commission Decision” means Commission Decision 2005/636/ EC concerning a financial contribution by the Community towards a baseline survey on the prevalence of Salmonella spp. in broiler flocks of Gallus gallus to be carried out in the Member States ;
“holding” means a facility used for the rearing or keeping of broiler chickens;
“local authority” means —
in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
in any part of England where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough, the council of that borough; or
in the City of London, the Common Council.
2
Expressions defined in the Commission Decision have the same meaning in these Regulations.
The competent authority
3
The Secretary of State is the competent authority for the purposes of the Commission Decision.
Selection of holdings
4
1
The occupier or person in charge of a holding (or any employee or agent of the occupier or person in charge of a holding) shall, within 7 days of receiving a written notice from the Secretary of State, send her such information as she specifies in the notice as being required to assist her with the selection of holdings to be included in the survey for the purposes of the Commission Decision.
2
Without prejudice to the generality of paragraph (1), a notice under it may contain a requirement for the recipient to send any or all of the following information —
a
the number of broiler chickens or the number of flocks of broiler chickens on the holding;
b
the number and times of the flock cycles of the broiler chickens on the holding; and
c
the production type of the broiler chickens on the holding.
3
For the purposes of this regulation —
a
“survey” has the same meaning as in the Commission Decision; and
b
“production type” and “flock cycles” have the same meaning as in the technical specifications referred to in Article 5 of the Commission Decision.
Powers of inspectors
5
1
An inspector shall, on producing some duly authenticated document evidencing his authority, have the right at all reasonable hours to enter any holding selected in accordance with the Commission Decision for the purposes of —
a
ascertaining in accordance with that Decision —
i
whether Salmonella spp. exists or has existed there;
ii
the Salmonella vaccination status of the broiler chickens on the holding; and
iii
whether anti-microbials have been used; and
b
the enforcement of these Regulations.
2
When he has entered a holding an inspector may —
a
take samples of faecal material;
b
examine any records in whatever form, including computerised records, and take copies of those records;
c
make inquiries of any person; and
d
take with him any person, vehicle or equipment he considers necessary for the execution or enforcement of these Regulations.
3
For the purpose of this regulation, “inspector” means any person appointed be an inspector for the purposes of these Regulations by the Secretary of State or a local authority.
Offences
6
A person is guilty of an offence if he —
a
fails to comply with regulation 4;
b
intentionally obstructs any person acting in the execution of these Regulations;
c
gives any information that he knows to be false or misleading to any person acting in the execution of these Regulations; or
d
otherwise than as specified in paragraph (a), fails without reasonable excuse —
i
to give any assistance or information that any person acting in the execution of these Regulations may require him to give; or
ii
to produce any record that any person acting in the execution of these Regulations may require him to produce,
for the performance of that person’s functions under these Regulations.
Penalties
7
A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Offences by bodies corporate
8
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar representative of the body corporate; or
b
any person purporting to act in any such capacity,
he, as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Enforcement
9
1
These Regulations shall be enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) shall be discharged by the Secretary of State and not by the local authority.
Revocation
10
The Salmonella in Broiler Flocks (Survey Powers) (England) Regulations 2005 are revoked.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
20th March 2006


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Highways Act 1980 (Gating Orders) (England) Regulations 2006 and shall come into force on 1 st April 2006.
2
These Regulations apply to England.
Interpretation
2
In this Order —
“ the Act ” means the Highways Act 1980;
“communications provider” has the meaning given by section 405 of the Communications Act 2003 ;
“fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004 ;
“ NHS trust or NHS foundation trust” means a National Health Service trust, Primary Care Trust or NHS foundation trust providing an emergency ambulance service;
“relevant highway” means the highway which is the subject of a gating order or a proposal for a gating order (as the case may be); and
“statutory undertaker” has the meaning given by section 98(6) of the Environmental Protection Act 1990 .
Publicity relating to a proposal for the making of a gating order
3
Before making a gating order under section 129A of the Act, a council shall —
a
cause to be published on its website and in a newspaper circulating in its area a notice —
i
identifying specifically or by description the relevant highway;
ii
setting out the general effect of a gating order being made;
iii
identifying alternative routes which would be available to pedestrians and vehicular traffic if the proposed order were to be made;
iv
setting out a draft of the proposed order; and
v
inviting written representations, within such period as is specified in the notice, being not less than 28 days, as to whether or not a gating order should be made;
b
cause to be erected on or adjacent to the relevant highway such notices as it considers sufficient to draw to the attention of members of the public using that highway the effect of a gating order being made.
4
Copies of the notice referred to in regulation 3(a) shall be given by the council to —
a
all the occupiers of premises adjacent to or adjoining the relevant highway;
b
every council through whose area the relevant highway passes;
c
every chief officer of a police force through whose police area the relevant highway passes;
d
every fire and rescue authority through whose area the relevant highway passes;
e
every NHS trust or NHS foundation trust through whose area the relevant highway passes;
f
any local access forum through whose area the relevant highway passes;
g
any statutory undertaker who maintains services in the locality in which the relevant highway is situated;
h
any provider of gas, electricity or water services in the locality in which the relevant highway is situated;
i
any communications provider in the locality in which the relevant highway is situated;
j
any persons who the council reasonably considers might have an interest in the proposed gating order;
k
any person who requests a copy of the notice; and
l
any person who has asked to be notified of any proposed gating orders.
Representations as to the making of a gating order
5
A council shall consider any representations as to whether or not the proposed gating order should be made whether in response to a notice under regulation 3 or otherwise.
Public Inquiries relating to the making of a gating order
6
1
Subject to paragraph (2) the council may cause a public inquiry to be held in relation to a proposed gating order.
2
The council shall cause a public inquiry to be held if —
a
the chief officer of a police force through whose police area the relevant highway passes;
b
a fire and rescue authority through whose area the relevant highway passes;
c
a NHS trust or NHS foundation trust through whose area the relevant highway passes; or
d
a council through whose area the relevant highway passes,
objects to the proposed gating order.
Making of a gating order
7
A council may not make a gating order before —
a
a period of 28 days, beginning on the day the notice referred to in regulation 3 is published, has elapsed; or
b
any public inquiry held under regulation 6 has been concluded.
Form and content etc. of gating orders
8
1
A gating order must contain —
a
a statement that the conditions set out in section 129A(3) of the Act have been met;
b
the dates and times that the public right of way along the relevant highway will be restricted;
c
details of any persons who are excluded from the effects of the restriction referred to in paragraph (b);
d
details of alternative routes which would are available to pedestrians and vehicular traffic during the period the relevant highway is restricted;
e
contact details of the person who is responsible for maintaining and operating any barrier whose installation is authorised by the order.
2
A council shall cause to be erected on or adjacent to the relevant highway such notices as it considers sufficient to draw to the attention of members of the public using that highway to —
a
the fact that a gating order has been made; and
b
the effect of the order.
Publicity relating to the variation and revocation of gating orders
9
Before varying or revoking a gating order under section 129F of the Act, the council shall —
a
cause to be published on its website and in a newspaper circulating in its area a notice —
i
identifying specifically or by description the relevant highway;
ii
setting out the general effect of the proposed variation or revocation (as the case may be) of the gating order being made;
iii
where a variation of the gating order is proposed, setting out a draft of the order as it would be if the variation proposed was made; and
iv
inviting representations as to whether or not the variation or revocation (as the case may be) should take effect;
b
cause to be erected on or adjacent to the relevant highway such notices as it considers sufficient to draw the attention to members of the public using that highway to the effect of the proposed variation or revocation (as the case may be) taking effect.
10
Copies of the notice referred to in regulation 9(a) shall be given to —
a
all the occupiers of premises adjacent to or adjoining the relevant highway;
b
every council through whose area the relevant highway passes;
c
every chief officer of a police force through whose police area the relevant highway passes;
d
every fire and rescue authority through whose area the relevant highway passes;
e
every NHS trust or NHS foundation trust through whose area the relevant highway passes;
f
any local access forum through whose area the relevant highway passes;
g
any statutory undertaker who maintains services in the locality in which the relevant highway is located;
h
any provider of gas, electricity or water services in the locality in which the relevant highway is situated;
i
any communications provider in the locality in which the relevant highway is situated;
j
any persons who the council reasonably considers might have an interest in the proposed gating order;
k
any person who requests a copy of the notice; and
l
any person who has asked to be notified of any proposed gating orders.
Representations relating to the variation or revocation of a gating order
11
A council shall consider any representations as to whether or not a gating order should be varied or revoked (as the case may be) whether in response to a notice under regulation 9 or otherwise.
Public Inquiries relating to the variation or revocation of a gating order
12
1
Subject to paragraph (2) the council may cause a public inquiry to be held in relation to a proposed variation or revocation (as the case may be) of a gating order.
2
A council shall hold a public inquiry if —
a
the chief officer of a police force through whose police area the relevant highway passes;
b
a fire and rescue authority through whose area the relevant highway passes;
c
a NHS trust or NHS foundation trust through whose area the relevant highway passes; or
d
a council through whose area the relevant highway passes,
objects to the proposed variation or revocation (as the case may be) of a gating order.
Variation or revocation of a gating order
13
A council may not vary or revoke (as the case may be) a gating order before —
a
a period of 28 days, beginning on the day the notice referred to in regulation 9 is published, has elapsed; or
b
any public inquiry held under regulation 12 has been concluded.
Procedure relating to public inquiries held under regulation 6 or 12
14
1
A public inquiry held under regulations 6 or 12 shall be conducted by an inspector appointed by the council.
2
An inquiry shall begin not less than 42 days after the first publication of the notice given under regulation 3 or 9.
3
A council shall —
a
publish at least once in a local newspaper circulating in the area in which the relevant highway is situated a notice containing the particulars specified in regulation 15;
b
give notice in writing containing the particulars specified in regulation 15 to each person who has made representations as to the making, variation or revocation (as the case may be) of a gating order; and
c
take such other steps as it may consider appropriate for ensuring that adequate publicity about the inquiry is given to persons likely to be affected by the provisions of the order to which it relates, and, without prejudice to the generality of this sub-paragraph, such other steps may include —
i
the display of notices in roads or other places affected by the order;
ii
the delivery of notices or letters to premises, or premises occupied by persons, appearing to the council to be likely to be affected by any provision in the order.
15
The particulars to be contained in the notice specified in regulation 14(3) are as follows —
a
the title of the gating order or proposed order;
b
the name of the council;
c
the identity specifically or by description of the relevant highway;
d
a statement which refers to the notice of proposals for the making, variation or revocation (as the case may be) of the gating order and which indicates that a public inquiry will be held in connection with the proposal;
e
a brief statement of the general nature and effect of the making, variation or revocation (as the case may be) of the gating order;
f
the date, time and place of the inquiry and the name of the inspector;
g
a statement that documents giving detailed particulars of the proposals for the making, variation or revocation (as the case may be) of the gating order are available for inspection and of the addresses at which those documents can be inspected and of the times when inspection can take place at each address;
h
the address to which any written representations for consideration by the inspector may be sent by any person wishing to make such representations; and
i
the time by which any written representations made under paragraph (i) or otherwise must be received.
16
1
Subject to paragraphs (2) to (4), the procedure at a public inquiry shall be determined by the inspector.
2
Any person interested in the subject matter of the public inquiry may appear at the inquiry in person or by counsel, a solicitor or other representative.
3
Any person so interested may, whether or not he proposes to appear at the inquiry, send written representations for the consideration of the inspector to the address given in the notice given under regulation 14(3)(a).
4
The inspector may refuse to hear any person, or to consider any objection or representation, if he considers that the views of that person or the objection or representation are irrelevant or have already been adequately stated at the inquiry.
Register of gating orders
17
1
A copy of a gating order must be displayed for at least 12 months from the date of the order in a council office.
2
The council must publish a gating order on its website.
3
A council must keep a register of gating orders which is open to inspection during normal business hours and which must contain —
a
copies of all notices of proposals for the making, variation or revocation (as the case may be) of gating orders; and
b
copies of all gating orders made by the council.
4
A council must supply a copy of a gating order to any person who requests a copy and pays a reasonable charge.
Hazel Blears
Minister of State
Home Office
1st March 2006


text:
Citation, commencement and application
1
1
This Order may be cited as the Housing (Right to Buy)(Priority of Charges)(England) Order 2006 and shall come into force on 26th May 2006.
2
This Order applies in England only.
Specified bodies
2
Cheval Property Finance plc (Company No. 3131133) and Church House Trust plc (Company No. 980698) are specified as approved lending institutions for the purposes of section 156 of the Housing Act 1985 .
Signed by authority of the First Secretary of State
Yvette Cooper
Minister of State
Office of the Deputy Prime Minister
2nd May 2006


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Asylum and Immigration Tribunal (Fast Track Procedure) (Amendment) Rules 2006 and shall come into force on 13th November 2006.
2
In these Rules, a reference to a rule by number alone refers to the rule so numbered in the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 .
Amendments to the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005
2
Omit rule 2(4).
3
In rule 12(3) —
a
after “it must serve” insert “on every party”;
b
after “under this rule” insert “, including its reasons which may be in summary form,”; and
c
omit “on the parties”.
4
In rule 13(a)(ii) after “104(4)” insert “ or (4A)”.
5
After rule 29 insert —
Correction of administrative errors
29A
Where an order, notice of decision or determination is set aside and the President, Deputy President or senior immigration judge orders that the relevant proceedings be dealt with again by the Tribunal under rule 60(1A) of the Principal Rules, the Tribunal must, not later than 1 day after making the order, notify every party of its decision.
.
6
Omit the Schedule.
Bridget Prentice
Parliamentary Under Secretary of State
Department for Constitutional Affairs
13th October 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Registered Pension Schemes (Uprating Percentages for Defined Benefits Arrangements and Enhanced Protection Limits) Regulations 2006 and shall come into force on 6th April 2006.
2
In these Regulations a reference to a numbered section or Schedule (without more) is a reference to the section of, or Schedule to, the Finance Act 2004 which bears that number.
3
In the application of these Regulations to Northern Ireland, a reference to an enactment applying only in Great Britain shall be construed as including a reference to any enactment having corresponding effect in Northern Ireland.
Percentage referred to for the purposes of section 235(3)(c)
2
1
For the purpose of section 235(3)(c) (defined benefits arrangements: uprating of opening value) the percentage to which these Regulations refer is the percentage found as follows.
2
In this regulation “the relevant percentage” is any of —
a
the percentage by which the individual’s guaranteed minimum pension rights falls to be adjusted by virtue of one or more orders under section 148 of the Social Security Administration Act 1992 ;
b
the percentage by which the individual’s earnings factors in respect of contracted-out employment by reference to the scheme shall be taken to be increased in accordance with section 16 of the Pension Schemes Act 1993 (revaluation of earnings factors) ;
c
the percentage by which the individual’s occupational pension falls to be adjusted by virtue of the application of subsections (1) and (2) of section 84 of the Pension Schemes Act 1993 (which provide that the method of revaluation is to be the final salary method except where the trustees or managers otherwise provide) ; or
d
the percentage by which a pension, payment of which has been deferred until after normal pension age in accordance with the rules of the pension scheme in question, falls to be increased so that the scheme’s trustees or managers can be reasonably satisfied that, when the member’s benefit becomes payable, the total value of the benefits provided under regulation 8 of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991(early retirement or deferred retirement) is at least equal to the amount prescribed in regulation 11 of those Regulations (value of alternatives to short service benefit).
3
The percentage in a particular case is found as follows.
Step 1
Determine whether any of the relevant percentages applies to the defined benefit arrangement.
Step 2
If any of the relevant percentages applies to the arrangement, determine whether that percentage applies to the whole of the arrangement.
Step 3
If one relevant percentage applies to the whole of the arrangement, that is the percentage to which these Regulations refer.
Step 4
If different percentages apply to different parts of the arrangement, the percentage to which these Regulations refer is that found by the formula —
(
R
P
1
×
P
1
W
)
+
(
R
P
2
×
P
2
W
)
+
(
R
P
3
×
P
3
W
)
+
(
R
P
1
×
P
1
W
)
+
[
S
P
×
(
1
−
P
T
W
)
]
Here —
RP is the relevant percentage;
P is the amount of that part of the individual’s rights under the arrangement to which the relevant percentage applies;
W is the whole amount of the individual’s rights under the arrangement; and
SP is the greater of —
5%, or
the percentage (if any) by which the retail prices index for the month in which the pension input period ends is higher than it was for the month in which it began;
PT is the sum of the amounts of P1, P2, P3 and P4 ;
expressions with the suffix 1 refer to the percentage described in paragraph (2)(a);
expressions with the suffix 2 refer to the percentage described in paragraph (2)(b);
expressions with the suffix 3 refer to the percentage described in paragraph (2)(c);
expressions with the suffix 4 refer to the percentage described in paragraph (2)(d).
This step is subject to paragraph (4).
4
If —
a
any relevant percentage is a value less than the greater of —
i
5%, or
ii
the percentage (if any) by which the retail prices index for the month in which the pension input period ends is higher than it was for the month in which it began;
the value shall instead be taken to be whichever is the greater of the two values given in this sub-paragraph;
b
two or more relevant percentages apply to the same part of the arrangement, the value of P1, P2, P3 or P4 (as the case may be) is found by determining which of those relevant percentages produces the greatest increase in the opening value in the pension input period in question.
Percentage increases in enhanced protection limits
3
1
For the purposes of paragraph 15(5)(b) of Schedule 36 (relevant indexation percentage for the purposes of the appropriate limit in relation to a relevant event), the annual percentage rate referred to in these Regulations is found by the formula —
[
(
R
P
1
×
P
1
W
)
+
(
R
P
2
×
P
2
W
)
+
(
R
P
3
×
P
3
W
)
+
(
R
P
1
×
P
1
W
)
+
(
P
P
×
(
1
−
P
T
W
)
)
]
÷
M
R
E
12
2
In paragraph (1) —
terms defined in regulation 2(3) bear the same meaning as they do there;
MRE is the number of complete tax months which have elapsed since 6 th April 2006 at the time when the relevant event occurs; and
PP is the greater of —
an annual rate of 5% for the period beginning on 6 th April 2006 and ending with the last day of the tax month in which the relevant event occurs, or
the percentage (if any) by which the retail prices index for the month in which the relevant event occurs is higher than it was for April 2006;
3
For the purposes of paragraphs 16(5A)(b) and 17(6)(b) of Schedule 36 (relevant indexation percentages for the purposes of limit on post-commencement earnings) the annual percentage rate referred to in these Regulations is that which would be found by the formula in paragraph (1) if —
a
for MRE there were substituted MBE, where MBE is the number of complete tax months between the date on which the appropriate three year period ends and the date of the first relevant event; and
b
in the definition of PP —
i
in paragraph (a) for “6 th April 2006” there were substituted “the first day of the tax month in which the appropriate period ends”; and
ii
in paragraph (b) for “April 2006” there were substituted “the month in which the appropriate period ends”.
4
In this regulation “tax month” means the period beginning on the 6th day of a calendar month and ending on the 5th day of the following calendar month.
Paul Gray
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
25th January 2006


text:
Citation and interpretation
1
1
This Order may be cited as the Pensions Act 2004 (Commencement No. 9) Order 2006.
2
In this Order “ the Act ” means the Pensions Act 2004.
Appointed days
2
1
The day appointed for the coming into force of the provisions of the Act specified in Part 1 of the Schedule —
a
for the purpose only of conferring power to make regulations, is 9th March 2006;
b
for all other purposes, is 6th April 2006.
2
The day appointed for the coming into force of the provisions of the Act specified in Part 2 of the Schedule is 1st April 2006.
3
The day appointed for the coming into force of the provisions of the Act specified in Part 3 of the Schedule is 6th April 2006.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
2nd March 2006


text:
This Order may be cited as the General Dental Council (Appointments Committee and Appointment of Members of Committees) Rules Order of Council 2006 and shall come into force on 31st July 2006.
A K Galloway
Clerk of the Privy Council


text:
Title and Commencement
1
These Regulations may be cited as the Feed (Specified Undesirable Substances) (England) Regulations 2006 and come into force on 26th December 2006.
Amendments to the Feeding Stuffs (England) Regulations 2005
2
1
The Feeding Stuffs (England) Regulations 2005 are amended in accordance with paragraphs (2) to (4).
2
In Part B of Schedule 4 (limits of variation), after the entries relating to methionine insert the entries for moisture as set out in Schedule 1 to these Regulations.
3
In relation to the table in Chapter A of Schedule 5 (prescribed limits for undesirable substances) —
a
for the entries in that table relating to cadmium, dioxin, fluorine and lead respectively substitute the entries for those substances as set out in the table in Part 1 of Schedule 2 to these Regulations;
b
after the entries for dioxin insert the entries for sum of dioxins and dioxin-like PCBs as set out in the table in Part 1 of Schedule 2 to these Regulations, and
c
as footnotes to that table add the footnotes to the table in Part 1 of Schedule 2 to these Regulations.
4
In relation to the table in Chapter D of Schedule 5 —
a
for the entries in that table relating to camphechlor (toxaphene) substitute the entries as set out in the table in Part 2 of Schedule 2 to these Regulations, and
b
as a footnote to that table add the footnote to the table in Part 2 of Schedule 2 to these Regulations.
Amendments to the Feed (Hygiene and Enforcement) (England) Regulations 2005
3
1
The Feed (Hygiene and Enforcement) (England) Regulations 2005 are amended in accordance with paragraphs (2) and (3).
2
After regulation 24, insert the following regulation —
24A
1
For the purpose of carrying out investigations, in accordance with Article 4.2 of Directive 2002/32, to determine the source of those undesirable substances listed in Annex II to that Directive where action thresholds specified in that Annex have been reached, an authorised officer may, at all reasonable times and on producing if requested some duly authenticated document showing his authority, enter any premises (not being premises used only as a dwelling) on which he has reasonable cause to believe that feed has been or is being manufactured or produced, has been placed on the market or is being kept for the purpose of being placed on the market, incorporated into another product or used.
2
An authorised officer entering any premises by virtue of this regulation may —
a
take with him such other persons and such equipment as may appear to him to be necessary;
b
inspect anything that he has the right to inspect under regulation 24(5), and
c
take on those premises a sample of any material appearing to him to be a feed manufactured, produced, placed on the market or intended to be placed on the market or to be material used or intended for use as feed.
3
Where for the purposes of taking a sample pursuant to paragraph (2)(c) an authorised officer takes material from one or more containers each of which weighs no more than six kilograms, and which are exposed for sale by retail, the owner of the container or containers may require the authorised officer to purchase the container or containers on behalf of the authority for which he acts.
4
An authorised officer entering any premises by virtue of this regulation has the same rights to production, inspection and copying of records, including records kept on or produced by a computer, as are specified in paragraphs (9)(a) and (b) and (10)(c) of regulation 24.
5
Paragraph (14) of regulation 24 applies to the power of entry under this regulation as it does to such powers under that regulation.
6
Directive 2002/32 means Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed, as amended by Commission Directive 2003/57/EC , Commission Directive 2003/100 , Commission Directive 2005/8/EC , Commission Directive 2005/86/EC , Commission Directive 2005/87/EC and Commission Directive 2006/13/EC .
3
In paragraph (4) of regulation 27, after the expression “regulation 24” insert “or regulation 24A”.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State
Department of Health
22nd November 2006