text:
PART 1
INTRODUCTION
Citation and commencement
1
This Order may be cited as the Civil Partnership Act 2004 (Tax Credits, etc.) (Consequential Amendments) Order 2005 and shall come into force on 5th December 2005.
PART 2
AMENDMENTS RELATING TO TAX CREDITS
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
2
1
The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 shall be amended as follows.
2
In regulation 2(1) (interpretation) —
a
for the definition of “couple” substitute —
“couple” has the meaning given by section 3(5A) of the Act
; and
b
in the definition of “partner” omit the words “married or unmarried”.
3
In regulation 13(1) (entitlement to child care element) omit the words “married or unmarried” wherever they appear.
4
In regulation 14(1B)(a) (definitions) in the definition of “relative” after “marriage” insert “, civil partnership”.
Amendment of the Tax Credits (Definition and Calculation of Income) Regulations 2002
3
1
The Tax Credits (Definition and Calculation of Income) Regulations 2002 shall be amended as follows.
2
In regulation 2 (interpretation) —
a
after the definition of “claim” insert —
“couple” has the meaning given by section 3(5A) of the Act;
;
b
in paragraph (2)(c) in the definition of “family” omit the words “married or unmarried”; and
c
in paragraph (4)(a) and (b) after each reference to “spouse” insert “or civil partner”.
Amendment of the Child Tax Credit Regulations 2002
4
1
The Child Tax Credit Regulations 2002 shall be amended as follows.
2
In regulation 2(1) (interpretation) after the definition of “the Contributions and Benefits Act” insert —
“couple” has the meaning given by section 3(5A) of the Act;
.
3
In regulation 3(1), Rule 2 (competing claims), in paragraph 2.1(a)(ii) and (b) omit the words “married couple or unmarried” in each place they occur.
4
In regulation 7(1)(b) (determination of the maximum rate) omit the words “married couple or unmarried”.
Amendment of the Tax Credits (Claims and Notifications) Regulations 2002
5
1
The Tax Credits (Claims and Notifications) Regulations 2002 shall be amended as follows.
2
In regulation 2 (interpretation) —
a
after the definition of “the Board” insert —
“couple” has the meaning given by section 3(5A) of the Act;
; and
b
omit the definitions of “married couple” and “unmarried couple”.
3
In regulation 13, (circumstances in which claims to be treated as made) omit the words “married couple or an unmarried” and “married couple or unmarried” in each place they occur.
4
In regulation 16 (persons who die before making joint claims) —
a
in paragraph (1) omit the words “married couple or an unmarried” and “married couple or the unmarried”; and
b
in paragraph (3)(a) omit the words “married couple or unmarried”.
5
In regulation 23(2) (person by whom notification may be, or is to be, given) omit the words “married couple or unmarried”.
Amendment of the Tax Credits (Payments by the Commissioners) Regulations 2002
6
1
The Tax Credits (Payments by the Commissioners) Regulations 2002 shall be amended as follows.
2
In regulation 2 (interpretation) —
a
after the definition of “the Commissioners” insert —
“couple” has the meaning given by section 3(5A) of the Act;
; and
b
omit the definitions of “married couple” and “unmarried couple”.
3
In the provisions listed below for each reference (however expressed) to a married couple or an unmarried couple substitute “couple”.
The provisions are —
a
in regulation 3, paragraphs (2), (3) and (6);
b
in regulation 4, paragraphs (2), (3), (4) and (5); and
c
in regulation 5, paragraphs (1), (2) and (3).
Amendment of the Tax Credits (Immigration) Regulations 2003
7
1
The Tax Credits (Immigration) Regulations 2003 shall be amended as follows.
2
In regulation 2 (interpretation) —
a
after the definition of “the Child Tax Credit Regulations” insert —
“couple” has the meaning given by section 3(5A) of the Act;
; and
b
omit the definitions of “married couple” and “unmarried couple”.
3
In regulation 3(2) (persons subject to immigration control) omit the words “married couple or unmarried”.
Amendment of the Tax Credits (Residence) Regulations 2003
8
1
The Tax Credits (Residence) Regulations 2003 shall be amended as follows.
2
In regulation 2(1) (interpretation) —
a
after the definition of “child” insert —
“couple” has the meaning given by section 3(5A) of the Act;
; and
b
in the definition of “partner” omit the words “married or unmarried”.
Amendment of the Tax Credits (Provision of Information) (Functions Relating to Health) Regulations 2003
9
1
The Tax Credits (Provision of Information) (Functions Relating to Health) Regulations 2003 shall be amended as follows.
2
In regulation 2 (interpretation) —
a
after the definition of “child tax credit” insert —
“couple” has the meaning given by section 3(5A) of the Tax Credits Act 2002;
; and
b
in paragraph (a) of the definition of “family” omit “married or unmarried”.
PART 3
AMENDMENTS RELATING TO CHILD BENEFIT AND GUARDIAN'S ALLOWANCE
Amendment of the Child Benefit (General) Regulations 2003
10
1
The Child Benefit (General) Regulations 2003 shall be amended as follows.
2
In regulation 1(2) (interpretation) —
a
after the definition of “the Children Order” insert —
“civil partnership” means two people of the same sex who are civil partners of each other and are neither —
separated under a court order, nor
separated in circumstances in which the separation is likely to be permanent;
“cohabiting same-sex couple” means two people of the same sex who are not civil partners of each other but are living together as if they were civil partners;
; and
b
for the definition of “partner” substitute —
“partner” means, except in regulation 12, where a person is a member of —
a married couple,
an unmarried couple,
a cohabiting same-sex couple, or
a civil partnership,
the other member of that couple or partnership as the case may be.
.
3
In regulation 4(4) (prescribed circumstances relating to contributions and expenditure in respect of a child) after “spouses” insert “or civil partners”.
4
In regulation 12(1) (child living with another person as his spouse) —
a
after “spouse” insert “or civil partner”; and
b
in the heading to regulation 12 add “or civil partner”.
5
For regulation 13 (married child) substitute —
Child in a relevant relationship
13
1
A person is not disentitled to child benefit in respect of a child in a relevant relationship by virtue of paragraph 3 of Schedule 9 to the Contributions and Benefits Act or paragraph 3 of Schedule 9 to the Contributions and Benefits ( NI ) Act (unless regulations otherwise provide no person to be entitled to child benefit in respect of a child in a relevant relationship) if —
a
that person is not the spouse or civil partner of that child; and
b
that child is not residing with his spouse or civil partner, or if he is, the spouse or civil partner is receiving full-time education.
2
In this regulation, “relevant relationship” means a marriage or civil partnership.
.
6
In regulation 34 (persons treated as residing together) —
a
in paragraph (a) omit “but not husband and wife”; and
b
in paragraph (b) after “spouses” insert “or two persons who are parents of a child”.
Amendment of the Guardian’s Allowance (General) Regulations 2003
11
1
The Guardian’s Allowance (General) Regulations 2003 shall be amended as follows.
2
For regulation 6(1)(a) (marriage of a child’s parents has been terminated by divorce) substitute —
a
the marriage or the civil partnership of a child’s parents has been terminated by divorce or dissolved;
.
Amendment of the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003
12
1
The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 shall be amended as follows.
2
In regulation 2 (interpretation) —
a
after the definition of “the Board” insert —
“civil partnership” means two people of the same sex who are civil partners of each other and are neither —
separated under a court order, nor
separated in circumstances in which the separation is likely to be permanent;
“cohabiting same-sex couple” means two people of the same sex who are not civil partners of each other but are living together as if they were civil partners;
; and
b
in the definition of “partner” substitute —
“partner” means a member of a married couple, an unmarried couple, or a cohabiting same-sex couple or a civil partnership
.
Amendment of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976
13
1
The Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 shall be amended as follows.
2
In regulation 2(2ZA) (weekly rates of child benefit) —
a
in paragraph (a) after “spouse” insert “or civil partner” in each place it occurs; and
b
in paragraph (c) after “spouse” insert “, civil partner”.
Amendment of the Child Benefit and Social Security (Fixing and Adjustment of Rates) (Northern Ireland) Regulations 1976
14
1
The Child Benefit and Social Security (Fixing and Adjustment of Rates) (Northern Ireland) Regulations 1976 shall be amended as follows.
2
In regulation 2(2ZA) (weekly rates of child benefit) —
a
in paragraph (a) after “spouse” insert “or civil partner” in each place it occurs; and
b
in paragraph (c) after “spouse” insert “, civil partner”.
PART 4
AMENDMENT RELATING TO CHILD TRUST FUNDS
Amendment of the Child Trust Funds Regulations 2004
15
1
The Child Trust Funds Regulations 2004 shall be amended as follows.
2
In regulation 11 (general investment rules), in paragraph (4)(b)(ii), after “spouse” insert “or civil partner”.
PART 5
AMENDMENTS RELATING TO SOCIAL SECURITY
Amendment of the Social Security Benefit (Computation of Earnings) Regulations 1996
16
1
The Social Security Benefit (Computation of Earnings) Regulations 1996 shall be amended as follows.
2
In regulation 2(1) (interpretation) —
a
in the definition of “close relative”, for “or the spouse of any of the proceeding persons or, if that person is one of an unmarried couple, the other member of that couple;” substitute “or if any of the preceding persons is one member of a couple, the other member of that couple;”;
b
for the definition of “couple” substitute —
“couple” means —
a man and woman who are married to each other and are members of the same household;
a man and woman who are not married to each other but are living together as husband and wife;
two people of the same sex who are civil partners of each other and are members of the same household; or
two people of the same sex who are not civil partners of each other but are living together as if they were civil partners;
and for the purposes of sub-paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;; and
; and
c
in the definition of “partner”, in sub-paragraph (a), omit “married or an unmarried”.
Amendment of the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996
17
1
The Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996 shall be amended as follows.
2
In regulation 2(1) (interpretation) —
a
in the definition of “close relative”, for “or the spouse of any of the proceeding persons or, if that person is one of an unmarried couple, the other member of that couple;” substitute “or if any of the preceding persons is one member of a couple, the other member of that couple;” and;
b
for the definition of “couple” substitute —
“couple” means —
a man and woman who are married to each other and are members of the same household;
a man and woman who are not married to each other but are living together as husband and wife;
two people of the same sex who are civil partners of each other and are members of the same household; or
two people of the same sex who are not civil partners of each other but are living together as if they were civil partners;
and for the purposes of sub-paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;.
.
Dave Watts
Gillian Merron
Two of the Lords Commissioners of Her Majesty’s Treasury
19th October 2005


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A11 Trunk Road (Attleborough Bypass Improvement) Slip Roads Order 2005 and shall come into force on 19th May 2005.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the new trunk roads” means the slip roads;
ii
“the plan” means the plan numbered HA 10/MP/027 marked “The A11 Trunk Road (Attleborough Bypass Improvement) Slip Roads Order 2005”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
iii
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order and which connect the trunk road with other highways and proposed highways at the places stated in that Schedule.
3
The slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each slip road is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
P Wallwork
Divisional Director Highways Agency
28th April 2005


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Institute for Clinical Excellence (Amendment) Regulations 2005 and shall come into force on 1st April 2005.
2
In these Regulations “the principal Regulations ” means the National Institute for Clinical Excellence Regulations 1999 .
3
These Regulations apply in England.
Amendment of regulations 1 of the principal Regulations
2
Regulation 1 of the principal Regulations (citation, commencement and interpretation) is amended as follows —
a
the following definitions are inserted in the appropriate alphabetical order —
“the FHSAA ” means the Family Health Service Appeal Authority constituted under section 49S of the Act ;
“national NHS disqualification” means —
a decision made by the FHSAA under section 49N of the Act ,or
a decision by the NHS Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002 ;
“the NHS Tribunal” means the Tribunal constituted under section 46 of the Act for England and Wales;
“primary care list” means —
a list referred to in section 49N(1)(a) to (c) of the Act,
a list of persons undertaking to provide general medical services prepared in accordance with regulations under section 29 of the Act as the list existed on or before 31st March 2004,
a list of persons approved by a Primary Care Trust for the purpose of assisting in the provision of general medical services prepared in accordance with regulations under section 43D(1)of the Act as the list existed on or before 31st March 2004, or
a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 1997 as the list existed on or before 31st March 2004;
,
b
for the definition of “the Institute” substitute the following definition —
“the Institute” means the National Institute for Health and Clinical Excellence established by the Order ;
,
c
for the definition of “health service body” substitute the following definition —
“health service body” means —
a Strategic Health Authority , Special Health Authority , Primary Care Trust , NHS trust , Local Health Board or NHS foundation trust ,
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 or the Scottish Dental Practice Board, the Common Service Agency for the Scottish Health Service or an NHS trust constituted under, respectively, sections 4, 10 or 12A of that Act ,
the Dental Practice Board constituted under section 37(1) of the Act ,
the Commission for Health Improvement ,
the Commission for Healthcare Audit and Inspection ,
the Public Health Laboratory Service Board ,
the Health Protection Agency ;
the Secretary of State,
the Independent Regulator of NHS Foundation Trusts,
the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972 ,
a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 ,
a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972,
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 , and
the Department of Health, Social Services and Public Safety for Northern Ireland;
.
Amendment of regulation 4 of the principal Regulations
3
In regulation 4 of the principal Regulations (appointment of chief officers) delete the words “and a clinical director” and insert the words “,a director of clinical and public health and a director of health improvement.”.
Amendment of regulation 5 of the principal Regulations
4
For regulation 5(1) of the principal Regulations (disqualification for appointment) substitute the following paragraph —
5
1
Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-officer member if —
a
he has, within the preceding five years, been convicted in the United Kingdom of any offence or convicted elsewhere of an offence which, if committed in any part of the United Kingdom would constitute a criminal offence in that part, and in either case has been sentenced to a period of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine, and which has not been quashed on appeal;
b
he is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order;
c
he has been dismissed within the previous five years, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he is a person whose tenure of office as the chairman, a member, a director or a governor of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management of, the health service body or of the health service that he should continue to hold that office,
ii
he failed, without reasonable cause, to attend any meeting of that health service body for three successive meetings, or
iii
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
e
he —
i
is the subject of a national NHS disqualification,
ii
was refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the Act and was not subsequently nominated or approved or included in a primary care list ,
iii
has been refused admission to a primary care list on grounds corresponding to the conditions referred to in section 49F(2), (3) or (4) of the Act and has not subsequently been included in a primary care list,
iv
is conditionally included in a primary care list ,
v
has been removed from a primary care list on any of the grounds set out in section 49F(2), (3) or (4) of the Act or by a direction of the NHS Tribunal and has not subsequently been included in such a list,
vi
is contingently removed from a primary care list , or
vii
is suspended from a primary care list or treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002,
and in this sub-paragraph any reference to a provision in the Act includes a reference to the provision corresponding to that provision in legislation relating to Scotland and Northern Ireland;
f
he is subject to a disqualification order under the Company Directors Disqualification Act 1986 , the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (disabilities on revocation of administration order against an individual);
g
he has been —
i
removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he, by his conduct, contributed to or facilitated, or
ii
removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body.
.
Amendment of Regulation 6 of the principal Regulations
5
For regulation 6 of the principal Regulations (cessation of disqualification) substitute the following —
6
1
Subject to paragraph (2), where a person is disqualified under regulation 5(1)(c) or (g)(i) he may, after the expiry of two years beginning on the date on which he was dismissed or removed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
2
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
3
Where a person is disqualified under regulation 5(1)(d), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specifies when terminating his period of office but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
.
Amendment of regulation 8 of the principal Regulations
6
Regulation 8 of the principal Regulations (termination of tenure of office of chairman and non-officer members) is amended as follows —
a
in regulation 8(5) (b)after the word “appointment” insert the words “or later”;
b
in regulation 8(6) after the word “pecuniary” delete the words “or other personal”.
Amendment of regulation 9 of the principal Regulations
7
In regulation 9 of the principal Regulations (appointment of committees and sub-committees) at the end of regulation 9(5) insert the following paragraph —
6
Subject to such directions as may be given by the Secretary of State, regulations 5 and 6 apply to the appointment of members of committees and sub-committees of the Institute appointed under this regulation as they apply to the appointment of members of the Institute.
.
Amendment of regulation 12 of the principal Regulations
8
In regulation 12 of the principal Regulations (disability of chairman and members in proceedings on account of pecuniary or other personal interest) for the heading and paragraphs (1) – (7) substitute the following —
Disability of chairman and members in proceedings on account of pecuniary interest
12
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Institute to which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the contract, proposed contract or other matter or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him to be in the interests of the health service that the disability should be removed.
3
The Institute may, by Standing Orders made under regulation 11(2), provide for the exclusion of the chairman or a member from a meeting of the Institute while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 of Schedule 5 to the Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration,
and in the case of two persons living together as a couple (whether married or not) the interest of one shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or voting on, any question with respect to that contract, proposed contract or other matter.
7
Where the chairman or a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract, proposed contract or other matter, or from voting on any question with respect to it without prejudice however to his duty to disclose his interest.
.
Signed by authority of the Secretary of State
Warner
Parliamentary Under Secretary of State,
Department of Health
7th March 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Parliamentary Commissioner (No 2) Order 2005.
2
This Order comes into force on 20th January 2006.
3
In this Order “ the Act ” means the Parliamentary Commissioner Act 1967.
Amendment to Schedule 2 to the Act
2
For Schedule 2 to the Act, substitute the Schedule set out in the Schedule to this Order.
Amendment to Schedule 3 to the Act
3
For paragraph 2 of Schedule 3 to the Act, substitute:
2
1
Action taken, in any country or territory outside the United Kingdom, by or on behalf of any officer representing or acting under the authority of Her Majesty in respect of the United Kingdom, or any other officer of the Government of the United Kingdom other than,
a
action which is taken by an officer (not being an honorary consular officer) in the exercise of a consular function on behalf of the Government of the United Kingdom;
b
action which is taken by an officer within a control zone or a supplementary control zone; or
c
action which is taken by a British sea-fishery officer.
2
In this paragraph —
a
“control zone” has the meaning given collectively by Schedule 1 to the Channel Tunnel (International Arrangements) Order 1993, Schedule 1 to the Channel Tunnel (Miscellaneous Provisions) Order 1994 and regulation 2 of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003;
b
“supplementary control zone” has the meaning given by Schedule 1 to the Channel Tunnel (International Arrangements) Order 1993;
c
“British sea-fishery officer” has the meaning given by section 7 of the Sea Fisheries Act 1968.
.
Amendment to Schedule 4 to the Act
4
In Schedule 4 to the Act:
a
insert in the appropriate place in alphabetical order:
Asylum Support Adjudicators established under section 102 of the Immigration and Asylum Act 1999.
.
b
delete the entries relating to the following:
Meat Hygiene Appeals Tribunal
Misuse of Drugs Advisory Body
Misuse of Drugs Professional Panel
Misuse of Drugs Tribunal.
A.K Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Enduring Powers of Attorney (Welsh Language Prescribed Form) Regulations 2005 and shall come into force on 5th December 2005.
Welsh language prescribed form
2
The form of words in the Schedule to these Regulations may be used instead of that set out in the Schedule to the Enduring Powers of Attorney (Prescribed Form) Regulations 1990 .
Revocation
3
The Enduring Powers of Attorney (Welsh Language Prescribed Form) Regulations 2000 are revoked except that a power executed in the form prescribed in the Schedule to those Regulations and executed by the donor before 1st April 2007 shall be capable (whether or not seals are affixed to it) of being a valid enduring power of attorney.
Signed by authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
8th November 2005


text:
Revocation
1
The Salmonella in Laying Flocks (Survey Powers) (England) Regulations 2004 are revoked.
Title, commencement and application
2
1
These Regulations may be cited as the Salmonella in Laying Flocks (Survey Powers) (England) Regulations 2005 and shall come into force on 19 th March 2005.
2
These Regulations apply in relation to England only.
Interpretation
3
In these Regulations —
“authorised officer” means a person appointed by a local authority for the purpose of enforcing these Regulations;
“the Commission Decision” means Commission Decision 2004/665/ EC dated 22 September 2004 concerning a baseline study on the prevalence of Salmonella in laying flocks of Gallus gallus ;
“faecal and environmental material” means faeces, moist litter, dust and dusty material and any other material which the Technical Specifications require to be sampled;
“inspector” means a person appointed to be an inspector for the purpose of these Regulations by the Secretary of State;
“local authority” means:
in any part of England where there is, within the meaning of Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
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; or
in each London borough, the council of that borough;
in the city of London, the Common Council;
“premises” includes land with or without buildings but does not include any place used only as a dwelling; and
“the Technical Specifications” mean those technical specifications referred to at Article 5 of the Commission Decision as having been presented to the European Commission’s Standing Committee on the Food Chain and Animal Health on 15 th July 2004 and which are entitled “Baseline Study on the Prevalence of Salmonella in Laying Flocks of Gallus gallus in the EU – Technical Specifications”.
Selection of Premises
4
1
The Secretary of State shall be responsible for the selection of premises, in accordance with the Technical Specifications, for sampling.
2
An inspector may for the purposes of selecting premises for sampling in accordance with the Commission Decision and the Technical Specifications —
a
make inquiries of any person and require him to provide any information and documentation, including records, that appears to him to be, or likely to be, relevant;
b
examine, retain or copy any records including computerised records that appear to him to be, or likely to be, relevant; and
c
require the occupier or person in charge of premises or any employee or agent of that occupier or person in charge of those premises to provide to him such assistance, co-operation, information and documentation including records, computerised or otherwise, as he may reasonably consider appropriate.
Powers of Entry
5
1
An inspector shall, on producing, if requested, some duly authenticated document showing his authority, and on giving notice in writing, have the right at all reasonable hours to enter premises which have been selected for sampling, for the purpose of taking samples as required by the Commission Decision and for the purpose of enforcement of these Regulations.
2
An authorised officer shall, if a relevant agreement has been entered into under regulation 10, on producing, if requested, some duly authenticated document showing his authority, have the right at all reasonable hours to enter premises for the purpose of enforcement of these Regulations.
General Powers
6
1
An inspector, and an authorised officer if a relevant agreement has been entered into under regulation 10, may exercise the following powers for the purposes set out in paragraph (3) —
a
examine, retain or copy any records including computerised records that appear to him to be, or likely to be, relevant;
b
take with him such vehicles and equipment as he considers necessary;
c
be accompanied by such other persons as he considers necessary; and
d
require the occupier or person in charge of premises or any employee or agent of that occupier or person in charge of those premises to provide to him such assistance, co-operation, information and documentation including records, computerised or otherwise, as he may reasonably consider appropriate.
2
An inspector for the purpose of sampling required by the Commission Decision, may also take and retain samples of faecal and environmental material, in accordance with the Technical Specifications, as well as take all other samples that he considers necessary.
3
The purposes for which the powers in paragraph (1) may be exercised are —
a
in the case of an inspector, sampling required by the Commission Decision and enforcement of these Regulations; and
b
in the case of an authorised officer, enforcement of these Regulations.
Notices
7
1
A notice in writing to be given to any person under regulation 5 may be given–
a
by delivering it to that person;
b
by leaving it, or sending it in a pre paid envelope addressed to that person, at the usual or last known place of business or residence of that person, or in the case of a body corporate or partnership at any place of business or the registered office of that body corporate or partnership; or
c
where that person has consented to the use of electronic communications (as defined in the Electronic Communications Act 2000 ), by that method.
2
A notice in writing sent to a person as an electronic communication shall be regarded as sent when the text of it is received in a legible form.
Offences
8
Any person who–
a
intentionally obstructs any person acting under these Regulations;
b
without reasonable cause, fails to respond to inquiries under regulation 4(2)(a);
c
without reasonable cause, fails to act as required by an inspector or authorised person exercising powers under regulation 4(2)(a) or (c) or regulation 6(1)(d); or
d
provides to any person acting in the execution of these Regulations any information or documentation which he knows to be false or misleading,
shall be guilty of an offence.
Penalties
9
1
A person who is guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
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 officer of the body corporate;
b
any person who was purporting to act in any such capacity; or
c
in the case of a partnership, a partner or person who was purporting to act as such,
any such person, as well as the body corporate or partnership, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
3
For the purposes of paragraph (2), “director”, in relation to a body corporate whose affairs are managed by its members, includes a member of the body corporate.
Enforcement
10
1
Subject to paragraph (2), the Secretary of State shall be responsible for enforcement of these Regulations.
2
In respect of any area, the Secretary of State and a local authority for the area may enter into an agreement under which responsibilities of the Secretary of State under paragraph (1) shall be vested in the local authority instead of the Secretary of State and the local authority shall then have those responsibilities during the currency of the agreement.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
22nd February 2005


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Pensions Appeal Tribunals (England and Wales) (Amendment) Rules 2005 and shall come into force on 6th April 2005.
2
In these Rules, reference to a rule by number alone means the rule so numbered in the Pensions Appeal Tribunals (England and Wales) Rules 1980 .
Transitional provisions
2
1
These Rules apply to appeals to the Pensions Appeal Tribunal where the decision disposing of the appeal is made on or after the date on which these Rules come into force.
2
For all other purposes, the Pensions Appeal Tribunals (England and Wales) Rules 1980 shall have effect as if these Rules had not been made.
Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980
3
In rule 2(1) —
a
after sub-paragraph (d) insert —
da
“chairman” means the person who is the chairman of, or who constitutes, the tribunal hearing the appeal;
db
“decision notice” means the record of the decision of the tribunal prepared in accordance with rule 18(1)(a);
;
b
omit sub-paragraph (j);
c
after sub-paragraph (jj) insert —
jk
“statement of reasons” means the record of the reasons for the tribunal’s decision prepared in accordance with rule 18(1)(b);
.
4
After rule 2(1) insert —
1A
For the purpose of these Rules, a Commissioner is to be known as a “Pensions Appeal Commissioner” when dealing with applications or appeals under the Act.
1B
Unless the context otherwise requires, where the Secretary of State has made provision under section 1(3) of the Armed Forces (Pension and Compensation) Act 2004 for an armed and reserve forces compensation scheme to be administered by another person, reference in these Rules to the Secretary of State shall be construed as if it were a reference to that other person.
.
5
For rule 18 substitute —
Decisions of the tribunal
18
1
The chairman shall record —
a
a summary of every decision of the tribunal; and
b
a statement of the reasons for the tribunal’s decision.
2
The decision notice and statement of reasons specified in paragraph (1) shall be in such written form as shall have been approved by the President and shall be signed by the chairman.
3
As soon as may be practicable after an appeal has been decided by a tribunal, a copy of the decision notice shall, and a copy of the statement of reasons may, be sent or given to each party to the proceedings, who shall also be informed of —
a
where applicable, his right to make an application under paragraph (4); and
b
the conditions governing appeals to a Commissioner.
4
If a party to the proceedings has not been sent or given a copy of statement of reasons in accordance with paragraph (3), he may apply in writing to the Pensions Appeal Office for a copy within six weeks of the date on which the decision notice was sent or given to him.
5
Following an application under paragraph (4), the statement of reasons shall be sent to each party to the proceedings as soon as may be practicable.
.
6
For rule 19 substitute —
Record of tribunal decisions
19
1
As soon as may be practicable after an appeal has been decided, the chairman of the tribunal shall make a record of the proceedings (“record of proceedings”) in such written form as shall have been approved by the President, sufficient to indicate —
a
any question of law raised at the hearing;
b
the evidence which was adduced at the hearing; and
c
any determination of the tribunal on such questions of law or evidence.
2
The record of proceedings shall be preserved by the clerk to the tribunal until the period under rule 25(5) for making a late application for leave to appeal against the decision has expired.
3
Within the period specified in paragraph (2), either party may apply to the Pensions Appeal Office in writing for a copy of the record of proceedings.
4
Following an application under paragraph (3), a copy of the record of proceedings shall be sent to the applicant as soon as may be practicable.
.
7
For rule 25 substitute —
Appeal to a Pensions Appeal Commissioner
25
1
An application for leave to appeal to a Commissioner from a decision of the tribunal on an entitlement appeal or a specified decision shall —
a
be sent to the Pensions Appeal Office within six weeks of the date the written statement of the reasons for the decision was sent or given to the applicant;
b
be in writing and signed by the applicant or, where he has provided written authority to a representative to make the application on his behalf, by that representative;
c
contain particulars of the grounds on which the applicant intends to rely;
d
contain sufficient particulars of the decision of the tribunal to enable the decision to be identified; and
e
if the application is made late, contain the grounds for seeking late acceptance.
2
Where an application for leave to appeal to a Commissioner is made by the Secretary of State, the Pensions Appeal Office shall, as soon as may be practicable, send a copy of the application to the other party to the proceedings.
3
Any party who is sent a copy of an application for leave to appeal in accordance with paragraph (2) may make representations in writing within one month of the date the application is sent.
4
A person determining an application for leave to appeal to a Commissioner shall take into account any representations received in accordance with paragraph (3) and shall record his determination in writing and send a copy to each party to the proceedings.
5
Where an applicant has not applied for leave to appeal within six weeks in accordance with paragraph (1), but makes an application within one year beginning on the day the six weeks ends, the late application may be accepted for special reasons.
.
8
Omit rules 28 and 29.
9
In rule 32(1), for “the judge of the High Court” substitute “a Commissioner”.
10
In rule 33 —
a
at the beginning insert “(1) Subject to rule 25(5),”;
b
after paragraph (1) insert —
2
Circumstances where the justice of the case may require an extension of time include —
a
the applicant or appellant, or a partner or dependant of the applicant or appellant, has died or suffered serious illness;
b
the applicant or appellant is not resident in the United Kingdom; or
c
normal postal services have been disrupted.
.
Signed by authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State
Department for Constitutional Affairs
13th March 2005


text:
Citation
1
This Order may be cited as the Holy Trinity Catholic Primary School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The Holy Trinity Catholic Primary School, Treveson Road, Newquay, TR7, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Roman Catholic.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
26th April 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 5 and Transitional Provisions) Order 2005.
2
In this Order–
“the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002 ;
“the 2004 Act ” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004;
“adjudicator” means an adjudicator appointed, or treated as if appointed, under section 81 of the 2002 Act;
“appropriate appellate court” has the meaning given in section 103B(5) of the 2002 Act;
“appropriate court” has the meaning given in section 103A(9) of the 2002 Act;
“commencement” means the commencement date in article 2 of this Order;
“the old appeals provisions” means the following provisions, insofar as they continued to have effect immediately before commencement in relation to a pending appeal –
Part IV of, and Schedule 4 to, the Immigration and Asylum Act 1999 ;
section 8(1) to (4) of the Asylum and Immigration Act 1993 ;
sections 13 to 17 of the Immigration Act 1971 .
3
In this Order, references to a section by number alone are to the section so numbered in the 2002 Act.
Commencement provisions
2
The following provisions of the 2004 Act shall come into force on 4th April 2005–
a
section 26(1) to (5) and (7) to (10),
b
section 26(6), except that the insertion of section 103D into the 2002 Act shall not come into force in Northern Ireland;
c
Schedule 1; and
d
Schedule 2.
Transitional provisions: general
3
1
Where, immediately before commencement, an adjudicator or the Immigration Appeal Tribunal —
a
has completed the hearing of an appeal, but has not produced his or its written determination; or
b
has produced a written determination of an appeal but that determination has not been served on all the parties,
the appeal shall continue after commencement as an appeal to an adjudicator or the Immigration Appeal Tribunal, as the case may be, until the determination has been served on all the parties.
2
A member of the Asylum and Immigration Tribunal who, immediately before commencement was–
a
an adjudicator; or
b
a member of the Immigration Appeal Tribunal,
shall, notwithstanding section 26(1), (4) and (5) of the 2004 Act, be deemed to remain an adjudicator or member of the Immigration Appeal Tribunal after commencement, to the extent necessary for the purpose of completing the determination of an appeal in the circumstances specified in paragraph (1) of this article.
4
Subject to article 3–
a
any appeal or application to an adjudicator which is pending immediately before commencement shall continue after commencement as an appeal or application to the Asylum and Immigration Tribunal; and
b
any appeal to the Immigration Appeal Tribunal which is pending immediately before commencement shall continue after commencement as an appeal to the Asylum and Immigration Tribunal.
5
1
This article applies, subject to article 3, in relation to any appeal which immediately before commencement is–
a
pending before an adjudicator, having been remitted to an adjudicator by a court or the Immigration Appeal Tribunal; or
b
pending before the Immigration Appeal Tribunal.
2
The Asylum and Immigration Tribunal shall, after commencement, subject to rules under section 106 of the 2002 Act deal with the appeal in the same manner as if it had originally decided the appeal and it was reconsidering its decision .
3
Following the determination of the appeal by the Asylum and Immigration Tribunal, a party–
a
may not apply to the appropriate court under section 103A(1); but
b
may, subject to section 103B(3), bring a further appeal on a point of law to the appropriate appellate court under section 103B(1).
6
1
Where an application for permission to appeal to the Immigration Appeal Tribunal against an adjudicator’s decision is pending immediately before commencement, it shall be treated after commencement as an application under section 103A(1) (subject to paragraph (4) and to article 9(4) below) for an order requiring the Asylum and Immigration Tribunal to reconsider the adjudicator’s decision on the appeal.
2
Where–
a
an adjudicator has determined an appeal; and
b
no application for permission to appeal to the Immigration Appeal Tribunal is pending immediately before commencement,
a party to the appeal may after commencement apply under section 103A(1) (as modified by paragraph (4) below) for an order requiring the Asylum and Immigration Tribunal to reconsider the adjudicator’s decision on the appeal.
3
Where, in a case to which paragraph (2) applies, a time period specified in rules under section 106 for applying for permission to appeal to the Immigration Appeal Tribunal has started to run before 4th April 2005, an application under section 103A(1) may, notwithstanding section 103A(3), be made at any time before the expiry of that time period.
4
In relation to an application which, by virtue of this article, is made or treated as made under section 103A, that section shall apply with the modifications that–
a
references to the Tribunal, except for the second such reference in section 103A(1), shall be interpreted as referring to the adjudicator who determined the appeal;
b
references to the Tribunal’s decision shall be interpreted as referring to the adjudicator’s decision.
5
Section 103D shall not apply in relation to a pending application which is treated as an application under section 103A by virtue of paragraph (1) of this article.
7
1
An application to a court under section 101(2) (review of Immigration Appeal Tribunal’s decision upon application for permission to appeal) which is pending immediately before commencement shall continue after commencement as if that section had not been repealed.
2
A party who, immediately before commencement, was entitled to make an application to a court under section 101(2), may make such an application after commencement as if that section had not been repealed.
3
Where, by virtue of this article, an application under section 101(2) is made or continues after commencement–
a
paragraphs (a) and (c) of section 101(3) shall apply in relation to the application, as if they had not been repealed; and
b
the judge determining the application may —
i
affirm the Immigration Appeal Tribunal’s decision to refuse permission to appeal;
ii
reverse the Immigration Appeal Tribunal’s decision to grant permission to appeal; or
iii
order the Asylum and Immigration Tribunal to reconsider the adjudicator’s decision on the appeal.
8
1
An appeal to the Court of Appeal or Court of Session under section 103 (appeal from Immigration Appeal Tribunal), or an application to the Court of Appeal or Court of Session for permission to appeal under section 103, which is pending immediately before commencement shall continue after commencement as if that section had not been repealed.
2
Where, immediately before commencement, an application to the Immigration Appeal Tribunal for permission to appeal under section 103 is pending–
a
the application shall, following commencement, be determined by the Asylum and Immigration Tribunal; and
b
section 103 shall continue to apply in relation to the application as if it had not been repealed, but with the modification in paragraph (5) below.
3
A party who–
a
is granted permission to appeal under section 103; or
b
immediately before commencement, was entitled to apply to the Court of Appeal or Court of Session for permission to appeal under section 103,
may, after commencement, appeal or apply for permission to appeal under section 103 (as the case may be) as if that section had not been repealed.
4
A party who, immediately before commencement, was entitled to apply to the Immigration Appeal Tribunal for permission to appeal under section 103, may apply to the Asylum and Immigration Tribunal for permission to appeal under that section; and section 103 shall continue to apply in relation to the application as if it had not been repealed, but with the modification in paragraph (5) below.
5
In relation to an application for permission to appeal under section 103 which is made to or determined by the Asylum and Immigration Tribunal pursuant to paragraph (2) or (4), section 103 shall apply with the modification that the references to the Tribunal in section 103(2) shall be interpreted as referring to the Asylum and Immigration Tribunal.
6
Where, after commencement, the Court of Appeal or Court of Session determines an appeal under section 103, section 103B(4) shall apply in relation to the appeal as it would in relation to an appeal under section 103B(1), but with the modification that the references to the Tribunal in paragraphs (a), (b) and (f) shall be interpreted as references to the Immigration Appeal Tribunal.
Further transitional provisions: appeals under the old appeals provisions
9
1
Where, immediately before commencement, an appeal to an adjudicator is pending to which any of the old appeals provisions apply, those provisions shall continue to apply to the appeal after commencement, subject (except where article 3 applies) to the modification that any reference in those provisions to an adjudicator shall be treated as a reference to the Asylum and Immigration Tribunal.
2
Subject to paragraphs (3) to (5), any provision in the old appeals provisions about appeals or applications to the Immigration Appeal Tribunal or to a court shall not have effect after commencement, and instead sections 103A to 103E shall have effect in relation to appeals decided under the old appeals provisions.
3
Where sections 103A to 103E have effect by virtue of paragraph (2), they shall do so with the modification that references to section 82 or 83 shall be treated as including a reference to the old appeals provisions.
4
Where an appeal or application for permission to appeal to the Immigration Appeal Tribunal under the old appeals provisions is pending immediately before commencement —
a
articles 4(b) and 5, or article 6(1), of this Order (as appropriate) shall apply; but
b
if, under the old appeals provisions, the appeal or application was not restricted to the ground that the adjudicator made an error of law, then it shall not be so restricted following commencement.
5
In relation to an appeal which has been determined by the Immigration Appeal Tribunal under the old appeals provisions before commencement, article 8 of this Order shall apply with the references to section 103 being treated as including references to corresponding provisions in the old appeals provisions.
Falconer of Thoroton, C.
7th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Child Trust Funds (Amendment No. 3) Regulations 2005 and shall come into force on 27th December 2005.
Amendment of the Child Trust Funds Regulations 2004
2
The Child Trust Funds Regulations 2004 are amended as follows.
3
In regulation 2(1)(b) —
a
for the definition of “the Board” substitute —
“the Board” means the Commissioners for Her Majesty’s Revenue and Customs;
;
b
insert the following definitions at the appropriate places —
“the New Collective Investment Schemes Sourcebook” means the Sourcebook of that name made by the Financial Services Authority under the Financial Services and Markets Act 2000 ;
“non-UCITS retail scheme” —
has the meaning in the New Collective Investment Schemes Sourcebook (that is, a scheme to which, or to whose authorised fund manager and depositary, Sections 5.1, 5.4 and 5.6 of that Sourcebook apply),
includes a “recognised scheme” by virtue of section 270 or 272 of the Financial Services and Markets Act 2000, which would fall within paragraph (a) of this definition if it were an authorised fund, and
includes a sub-fund of an umbrella which the terms of the scheme identify as a sub-fund which would fall within paragraph (a) or (b) of this definition if it were itself an authorised fund or a recognised scheme.
In this definition, expressions defined in the Glossary forming part of the Financial Services Authority Handbook have those defined meanings;
“qualifying units in or shares of a non-UCITS retail scheme” means that —
the instrument constituting the scheme secures that redemption of the units or shares in question shall take place no less frequently than bi-monthly (see Rule 6.2.16(6) of the New Collective Investment Schemes Sourcebook omitting the words “Except where (7) applies, and”, read with Rule 6.3.4(1), whether or not those Rules apply to the scheme), and
a provision for suspension of dealings in exceptional conditions in accordance with Rule 7.2 of that Sourcebook (or any foreign procedure which is a direct foreign equivalent of that Rule) shall not be treated as a provision contrary to paragraph (a) of this definition;
.
4
In regulation 6(4) for “, the account” to the end substitute —
the account provider shall select the type or types to be used for the purposes of this regulation (subject to sub-paragraph (b)),
any type selected must be offered to the general public at the time of opening a Revenue allocated account of that type, and
if more than one type has been selected, the account to be opened shall be chosen by the account provider in rotation between the selected types of accounts.
.
5
In regulation 12(2) add at the end —
o
arrangements falling within section 47 of the Finance Act 2005 (alternative finance arrangements) under which the person referred to in that section as Y is a financial institution;
p
arrangements falling within section 49 of that Act;
q
qualifying units in or shares of a non-UCITS retail scheme.
.
6
In regulation 14(2)(d) renumber paragraph (ia) as (iia).
7
In regulation 24 (exemption from tax) —
a
in sub-paragraph (a), after paragraph (i) insert —
ia
in respect of alternative finance return or profit share return paid by a financial institution (within the meanings in Chapter 5 of Part 2 of the Finance Act 2005);
;
b
in sub-paragraph (c)(iii) for “section 333 of the Taxes Act” substitute “Chapter 3 of Part 6 of ITTOIA 2005”;
c
in sub-paragraph (f) for “section 660B of the Taxes Act” substitute “section 629 of ITTOIA 2005”.
Joan Ryan
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 2005


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Disclosure of Avoidance Schemes) (Designations) (Amendment) Order 2005 and comes into force on 1st August 2005.
2
The Value Added Tax (Disclosure of Avoidance Schemes) (Designations) Order 2004 is amended as follows.
Designation of avoidance schemes
3
At the end of Schedule 1 insert —
Cross-border face-value vouchers Any scheme comprising or including the supply of a relevant service by a person belonging in the United Kingdom (the UK supplier) to a person belonging in a member State other than the United Kingdom (the non-UK recipient) where — 9
a
the service is used, or intended to be used, in whole or in part, by the non-UK recipient or any other person belonging in another member State for the purposes of supplying a relevant service to a person belonging in the United Kingdom (the retail supply);
b
the recipient of the retail supply uses a face-value voucher issued by a person belonging in a country other than the United Kingdom to obtain that supply;
c
the person making the retail supply does not account for VAT on that supply in the United Kingdom or any other member State; and
d
the UK supplier and the person making the retail supply are connected persons.
Notes
1
“Face-value voucher” means tokens, stamps or vouchers of a description falling within paragraph 1(1) of Schedule 10A to the Act (face-value vouchers).
2
“Relevant service” means a supply of a description specified in any of paragraphs 7A to 7C of Schedule 5 to the Act (services supplied where received).
3
References in this scheme to the retail supply shall not include any supply of a relevant service made to a taxable person.
Surrender of relevant lease Any scheme comprising or including the surrender by an occupier of a building of a relevant lease, tenancy or licence to occupy where — 10
a
the occupier or any person connected to him is a relevant person;
b
the building is a capital item for the purposes of regulation 113 of the Value Added Tax Regulations 1995;
c
before the surrender the occupier paid relevant VAT and was not entitled to full credit for, or refund of, that VAT under any provision of the Act or regulations;
d
following the surrender the occupier continues to occupy at least 80% of the area previously occupied; and
e
following the surrender the occupier pays no relevant VAT or pays less than 50% of the relevant VAT paid before the surrender.
Notes
1
Relevant lease, tenancy or licence to occupy means any lease of, tenancy of or licence to occupy the building granted or assigned to the occupier where —
a
an election under paragraph 2 of Schedule 10 (election to waive exemption) has been made in relation to the building; and
b
that election has not been revoked in accordance with paragraph 3(5) of Schedule 10 .
2
Relevant person means any person who —
a
is a lessor of the building;
b
is an owner of the building for the purposes of regulation 113 of the VAT Regulations 1995 ; and
c
has made an election under paragraph 2 of Schedule 10 in relation to the building.
3
Relevant VAT means VAT on rent paid or payable by the occupier in relation to the building.
4
Surrender includes any termination by the occupier of the relevant lease, tenancy or licence to occupy where he has entered into any agreement, arrangement or understanding (whether legally binding or not) with the lessor regarding that termination.
5
Building includes any part of that building.
Designation of provision included in or associated with avoidance schemes
4
In Schedule 2 after paragraph 7 insert —
Issue of face-value vouchers
8
1
The issue of face-value vouchers for consideration.
2
Paragraph 1 does not apply where —
a
the issuer expects, on reasonable grounds, that at least 75% of the face-value of the vouchers will be redeemed within three years of the date on which the vouchers were issued; and
b
the vouchers were issued to relevant persons.
3
A relevant person is
a
any person who is not connected with the issuer; or
b
any body corporate —
i
which is a member of the same VAT group as the issuer for the purposes of section 43 of the Act; and
ii
which does not intend to supply the vouchers, directly or indirectly, to any person connected with the issuer outside that VAT group.
4
“Face-value vouchers” means tokens, stamps or vouchers of a description falling within paragraph 1(1) of Schedule 10A to the Act (face-value vouchers) and “face-value” has the meaning given by paragraph 1(2) of that Schedule.
Joan Ryan
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
29th June 2005


text:
Citation
1
This Order may be cited as the Bishop Justus C of E School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The Bishop Justus CofE School, Magpie Hall Lane, Bromley, BR2 8HZ, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
26th April 2005


text:
PART 1
Introductory
Citation and commencement
1
This Order may be cited as the New Forest National Park Authority (Establishment) Order 2005 and shall come into force on 24th March 2005.
Interpretation
2
In this Order —
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
“the 1995 Act ” means the Environment Act 1995;
“the 2000 Act ” means the Countryside and Rights of Way Act 2000 ;
“the acting National Park officer” means the officer appointed by the Secretary of State in accordance with article 11(1);
“ the Authority ” means the New Forest National Park Authority established by article 3;
“the establishment date” means 1st April 2005;
“the National Park officer” means the officer appointed by the Authority in accordance with paragraph 14 of Schedule 7 to the 1995 Act;
“a New Forest local authority” means a council mentioned in article 5;
“the operational date” means 1st April 2006;
“the relevant functions” means the functions which under Part III of the 1995 Act or this Order become, on the operational date, functions of the Authority; and
“the transitional period” means the period beginning with the establishment date and ending with 31st March 2006.
PART 2
Establishment, constitution and administration of the Authority
Establishment
3
On the establishment date there shall be established an authority, to be known as “the New Forest National Park Authority”, for the New Forest National Park .
Membership of the Authority
4
1
The specified number of local authority members of the Authority shall be twelve.
2
The specified number of members of the Authority to be appointed by the Secretary of State shall be ten.
3
The specified number of members of the Authority to be appointed by the Secretary of State who shall be parish members shall be 4.
Appointment of local authority members of the Authority
5
The local authority members of the Authority shall be appointed as follows —
a
five members shall be appointed by Hampshire County Council;
b
one member shall be appointed by Wiltshire County Council;
c
four members shall be appointed by New Forest District Council;
d
one member shall be appointed by Salisbury District Council; and
e
one member shall be appointed by Test Valley Borough Council.
First appointment of members of the Authority
6
The Secretary of State and each of the New Forest local authorities shall appoint their respective first members of the Authority before the establishment date, and those appointments shall take effect on that day; but no appointment shall be treated as invalid by reason only of a failure to make the appointment as required by this article.
Resignation of office
7
A member may at any time resign his membership of the Authority by notice in writing delivered to the Authority, and that resignation shall take effect on the receipt of the notice by the Authority.
Vacancies
8
Where a vacancy arises in the membership of the Authority, it shall be filled as soon as practicable —
a
where the vacancy is created by a local authority member, by the council in whose representation the vacancy arises in accordance with paragraph 2(4) to (7) (local authority members) of Schedule 7 to the 1995 Act; and
b
where the vacancy is created by a member appointed by the Secretary of State, by the Secretary of State in accordance with paragraph 3 (parish members of English National Park authorities) or paragraph 4 (members (other than parish members) appointed by the Secretary of State), as the case may be, of Schedule 7 to the 1995 Act.
Notice of appointment, etc.
9
1
Where a member is appointed to the Authority, or a vacancy arises in the membership of the Authority for any reason other than resignation —
a
where the member, or the member giving rise to the vacancy, was a local authority member, the council by whom he was appointed, or
b
where the member, or the member giving rise to the vacancy, was appointed by the Secretary of State, the Secretary of State,
shall as soon as practicable give notice in writing to the Authority stating the name of the member appointed and the date of his appointment or, as the case may be, of the occurrence of the vacancy.
2
As soon as practicable after receiving a notice under article 7 or this article, the Authority shall give public notice of —
a
the appointment or, as the case may be, the resignation, termination or vacancy; and
b
the name of the person concerned.
Meetings and proceedings
10
Schedule 1 shall have effect with respect to the meetings and proceedings of the Authority.
Acting National Park officer
11
1
Until such time as the Authority appoint a National Park officer in accordance with paragraph 14 of Schedule 7 to the 1995 Act, the Secretary of State shall appoint an officer who shall be known as “the acting National Park officer”.
2
The acting National Park officer shall, until the appointment of a National Park officer as mentioned in paragraph (1), act as, and have the powers of, the National Park officer for the Authority.
Reports and returns
12
The Authority shall, if so requested by the Secretary of State, forthwith send or give to the Countryside Agency and to each New Forest local authority a copy of any report, return or information which the Authority is required to send or give to the Secretary of State in accordance with section 230 of the 1972 Act (reports and returns).
Accounts, etc.
13
1
Subject to paragraphs (2) and (3), the Authority shall —
a
keep a fund (to be known as the general fund) to which all income of the Authority shall be carried, and from which all expenditure discharging liabilities shall be met; and
b
keep accounts of income and expenditure of the general fund.
2
The provisions of paragraph (1) are without prejudice to any provision contained in any enactment or instrument requiring the Authority to keep —
a
a specific fund or funds in respect of specified income and expenditure of the Authority; or
b
specific accounts in respect of specified income and expenditure of any funds of the Authority.
3
Nothing in paragraph (1)(a) shall be construed as requiring or authorising the Authority to apply or dispose of the surplus revenue arising from any undertaking carried on by it otherwise than in accordance with any enactment or instrument applicable to the undertaking.
Staff
14
The provisions of Schedule 2 shall have effect in relation to staff.
PART 3
Functions
Application of section 4A of the Town and Country Planning Act 1990
15
In relation to the New Forest National Park, 1st April 2006 is the time specified for the purposes of section 4A of the Town and Country Planning Act 1990 (the Authority to be the sole local planning authority).
PART 4
Application of enactments, transitional and supplemental provision etc.
Application of enactments and instruments
16
The enactments and instruments mentioned in Schedule 3 shall apply to the Authority with the modifications there set out.
Transitional and supplemental provision
17
Schedule 4 shall have effect for the purpose of making transitional and supplemental provision.
Continuity of exercise of functions
18
1
The vesting in the Authority on the operational date of the relevant functions of the New Forest local authorities shall not affect the validity of anything done by or in relation to any of those functions before that date.
2
The Authority may continue, on or after the operational date, any action or matter commenced before that date by a New Forest local authority in relation to any relevant function, and anything done by that New Forest local authority in relation to that action or matter shall, so far as is required for continuing its effect on and after the operational date, have effect as if done by the Authority.
3
Any reference, however framed, to a New Forest local authority in any document relating to any of the relevant functions shall, so far as is required for giving effect to this article, be construed as a reference to the Authority.
4
The provisions of this article are without prejudice to any other provision made under this Order in relation to any particular relevant function and shall not be considered as continuing in force any contract of employment.
Alun Michael
Minister of State
Department for Environment, Food and Rural Affairs
2nd March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles Lighting (Amendment) Regulations 2005 and shall come into force on 21st October 2005.
Preliminary
2
The Road Vehicles Lighting Regulations 1989 shall be amended as follows.
Amendments to regulation 3 (interpretation)
3
1
In regulation 3, the Table following paragraph (2) shall be amended as follows.
2
After the definition of “the Designation of Approval Marks Regulations” there shall be inserted —
“Abnormal load escort vehicle” A vehicle which is clearly identifiable to other road users as a vehicle used for the purposes of escorting abnormal loads by having on its front suitable markings and on its sides and rear retro-reflective markings.
.
3
In the definition of “Emergency vehicle” —
a
in the introductory words, for “motor vehicle” there shall be substituted “vehicle”;
b
in paragraph (e), for “a vehicle owned by the Secretary of State for Defence and used” there shall be substituted “a vehicle owned or operated by the Secretary of State for Defence and used”;
c
for paragraph (e)(ii) there shall be substituted —
ii
for the purposes of any activity —
aa
which prevents or decreases the exposure of persons to radiation arising from a radiation accident or radiation emergency, or
bb
in connection with an event which could lead to a radiation accident or radiation emergency;
;
d
the word “or” shall be added immediately after paragraph (e)(ii);
e
the word “or” immediately following paragraph (e)(iii) shall be omitted;
f
paragraph (e)(iv) shall be omitted;
g
the word “and” immediately following paragraph (i) shall be omitted;
h
after paragraph (j) there shall be added —
and
k
a vehicle under the lawful control of the Commissioners for Her Majesty’s Revenue and Customs and used from time to time for the purposes of the investigation of serious crime (which, save for the omission of the words “and, where the authorising officer is within subsection (5)(h), it relates to an assigned matter within the meaning of section 1(1) of the Customs and Excise Management Act 1979”, has the meaning given in section 93(4) of the Police Act 1997 ).
4
After the definition of “Prescribed sign” there shall be inserted —
“Radiation accident” and “radiation emergency” Have the same meaning as in the Radiation (Emergency Preparedness and Public Information) Regulations 2001 .
.
Amendments to regulation 11 (colour of light shown by lamps and reflectors)
4
1
Regulation 11 shall be amended as follows.
2
In regulation 11(1)(c) for paragraphs (i) to (iii) there shall be substituted —
i
a pedal cycle;
ii
a trailer drawn by, or a sidecar attached to, a pedal cycle;
iii
a solo motor bicycle or motor bicycle combination; or
iv
an invalid carriage; or
.
3
In regulation 11(2)(1) for paragraph (ix) there shall be substituted —
ix
a vehicle used for escort purposes;
.
4
In regulation 11(2) there shall be inserted after sub-paragraph (o) —
oa
amber light from a lamp attached to or incorporated in a pedal of a pedal cycle;
ob
white light or amber light from a lamp which is designed to emit light primarily to one or both sides of the vehicle, and is attached to or incorporated in any wheel or tyre of —
i
a pedal cycle or;
ii
a trailer drawn by, or a sidecar attached to, a pedal cycle;
.
5
In regulation 11(2)(q) for paragraphs (i) to (iii) there shall be substituted —
i
a pedal cycle;
ii
a trailer drawn by, or a sidecar attached to, a pedal cycle;
iii
a solo motor bicycle or motor bicycle combination; or
iv
an invalid carriage;
.
Amendments to regulation 12 (movement of lamps and reflectors)
5
In regulation 12(2) —
a
the word “or” immediately following sub-paragraph (h) shall be omitted;
b
in sub-paragraph (i) for paragraphs (i) to (iii) there shall be substituted —
i
a pedal cycle;
ii
a trailer drawn by, or a sidecar attached to, a pedal cycle;
iii
a solo motor bicycle or motor bicycle combination, or
iv
an invalid carriage.
;
c
after sub-paragraph (i) there shall be added —
j
a lamp which is designed to emit light primarily to one or both sides of the vehicle, and is attached to or incorporated in any wheel or tyre of —
i
a pedal cycle;
ii
a trailer drawn by, or a sidecar attached to, a pedal cycle; or
k
a lamp attached to or incorporated in a pedal of a pedal cycle.
Amendments to regulation 13 (lamps to show a steady light)
6
In regulation 13(2) —
a
the word “or” immediately following sub-paragraph (e) shall be omitted;
b
after sub-paragraph (f) there shall be added —
g
a front position lamp capable of emitting a flashing light (whether or not it is also capable of emitting a steady light) which is fitted to —
i
a pedal cycle; or
ii
a trailer drawn by, or a sidecar attached to, a pedal cycle;
and which, if it is a lamp which is required to be fitted pursuant to regulation 18, is capable, when emitting a flashing light, of emitting light to the front of the pedal cycle, trailer or sidecar (as the case may be) of an intensity of not less than 4 candelas; or
h
a rear position lamp capable of emitting a flashing light (whether or not it is also capable of emitting a steady light) which is fitted to —
i
a pedal cycle; or
ii
a trailer drawn by, or a sidecar attached to, a pedal cycle;
and which, if it is a lamp which is required to be fitted pursuant to regulation 18, is capable, when emitting a flashing light, of emitting light to the rear of the pedal cycle, trailer or sidecar (as the case may be) of an intensity of not less than 4 candelas.
Amendments to regulation 18 (obligatory lamps, reflectors, rear markings and devices)
7
1
Regulation 18 shall be amended as follows.
2
In regulation 18(1), for “paragraph 2” there shall be substituted “paragraphs (2), (2A) and (2B)”.
3
After paragraph (2) there shall be inserted —
2A
The requirements specified in paragraph 5(c) and (ca) of Schedule 2 shall not apply in the case of a front position lamp capable of emitting a flashing light which is fitted to —
i
a pedal cycle; or
ii
a trailer drawn by, or a sidecar attached to, a pedal cycle,
unless the lamp is also capable of emitting a steady light.
2B
The requirements specified in paragraph 5(d) and (e) of Schedule 10 shall not apply in the case of a rear position lamp capable of emitting a flashing light which is fitted to —
i
a pedal cycle; or
ii
a trailer drawn by, or a sidecar attached to, a pedal cycle,
unless the lamp is also capable of emitting a steady light.
Amendment to regulation 27 (restrictions on the use of lamps other than those to which regulation 24 refers)
8
1
Regulation 27 shall be amended as follows.
2
The third column of item 7 of the Table shall be amended by the omission of the word “and” after sub-paragraph (ii), and the addition after sub-paragraph (iii) of the following two sub-paragraphs —
iv
in the case of an abnormal load escort vehicle, while it is being used in connection with the escort of another vehicle which has —
aa
an overall width (including any load) exceeding 2.9 metres;
bb
an overall length (including any load) exceeding 18.65 metres, or
cc
been authorised by the Secretary of State under section 44 of the Act;
and
v
in the case of a vehicle, used for escort purposes other than an abnormal load escort vehicle, while it is being used in connection with the escort of any vehicle and travelling at a speed not exceeding 25 mph.
Amendments to Part I of Schedule 2 (requirements relating to obligatory front position lamps)
9
1
Part I of Schedule 2 shall be amended as follows.
2
In the right hand column of paragraph 5(ca), for “sub-paragraph (b)” there shall be substituted “sub-paragraph (b), (c) or (d)”.
3
After paragraph 12(b) there shall be inserted —
c
in the case of a front position lamp capable of emitting a flashing light which is fitted to —
i
a pedal cycle; or
ii
a trailer drawn by, or a sidecar attached to, a pedal cycle;
the light shown by the lamp when flashing shall be displayed not less than 60 nor more than 240 equal times per minute and the intervals between each display of light shall be constant.
4
In paragraph 13, in the definition of “British Standard mark”, after sub-paragraph (b) there shall be added —
or
the mark indicated in the specification for photometric and physical requirements for lighting equipment published by the British Standards Institution under the reference BS 6102: Part 3: 1986 as amended by AMD 8438 published on the 15th April 1995, namely “6102/3”; or
the mark indicated in the specification for photometric and physical requirements for lighting equipment published by the British Standards Institution under the reference BS 6102: Part 3: 1986 as amended by AMD 14621 published on the 1st September 2003, namely “6102/3”.
Amendment to Part II of Schedule 2 (requirements relating to optional front position lamps)
10
In Part II of Schedule 2, for paragraph 3 there shall be substituted —
3
In the case of any other vehicle any number of front position lamps may be fitted and the only requirements prescribed by these Regulations in respect of any which are fitted are those in paragraph 7 and 12(c) of Part I
.
Amendments to Part I of Schedule 10 (requirements relating to obligatory rear position lamps and to optional rear position lamps to the extent specified in Part II)
11
1
Part I of Schedule 10 shall be amended as follows.
2
In the right hand column of paragraph 5(e), for “sub-paragraph (c)”there shall be substituted “sub-paragraph (c), (d) or (e)”.
3
After paragraph 12(a) there shall be inserted —
b
In the case of a rear position lamp capable of emitting a flashing light which is fitted to —
i
a pedal cycle; or
ii
a trailer drawn by, or a sidecar attached to, a pedal cycle
the light shown by the lamp when flashing shall be displayed not less than 60 nor more than 240 equal times per minute and the intervals between each display of light shall be constant.
4
In paragraph 13, in the definition of “British Standard mark”, after sub-paragraph (c) there shall be added —
or
the mark indicated in the specification for photometric and physical requirements for lighting equipment published by the British Standards Institution under the reference BS 6102: Part 3: 1986 as amended by AMD 8438 published on the 15th April 1995, namely 6102/3; or
the mark indicated in the specification for photometric and physical requirements for lighting equipment published by the British Standards Institution under the references BS 6102: part 3: 1986 as amended by AMD 14621 published on the 1st September 2003, namely 6102/3
.
Amendment to Part II of Schedule 10 (requirements relating to optional rear position lamps)
12
In Part II of Schedule 10 for “the only requirement prescribed by these Regulations in respect of any which are fitted is that specified in paragraph 7 of Part I” there shall be substituted “the only requirements prescribed by these Regulations in respect of any which are fitted are those specified in paragraphs 7 and 12(b) of Part I”.
Signed by authority of the Secretary of State
S J Ladyman
Minister of State
Department for Transport
13th September 2005


text:
Citation and commencement
1
These Regulations may be cited as the Personal Equity Plan (Amendment No. 2) Regulations 2005 and shall come into force on 27th December 2005.
Amendment of the Personal Equity Plan Regulations 1989
2
The Personal Equity Plan Regulations 1989 are amended as follows.
3
In regulation 2(1)(b) —
a
in the definition of “the second condition”, in paragraph (i), after “section” insert “264,”;
b
insert the following definitions at the appropriate places —
“non-UCITS retail scheme” —
has the meaning in the New Collective Investment Schemes Sourcebook (that is, a scheme to which, or to whose authorised fund manager and depositary, Sections 5.1, 5.4 and 5.6 of that Sourcebook apply),
includes a “recognised scheme” by virtue of section 270 or 272 of the Financial Services and Markets Act 2000 , which would fall within paragraph (a) of this definition if it were an authorised fund, and
includes a sub-fund of an umbrella which the terms of the scheme identify as a sub-fund which would fall within paragraph (a) or (b) of this definition if it were itself an authorised fund or a recognised scheme.
In this definition, expressions defined in the Glossary forming part of the Financial Services Authority Handbook have those defined meanings;
“qualifying units in or shares of a non-UCITS retail scheme” means that —
the instrument constituting the scheme secures that redemption of the units or shares in question shall take place no less frequently than bi-monthly (see Rule 6.2.16(6) of the New Collective Investment Schemes Sourcebook omitting the words “Except where (7) applies, and”, read with Rule 6.3.4(1), whether or not those Rules apply to the scheme), and
a provision for suspension of dealings in exceptional conditions in accordance with Rule 7.2 of that Sourcebook (or any foreign procedure which is a direct foreign equivalent of that Rule) shall not be treated as a provision contrary to paragraph (a) of this definition;
.
4
In regulation 6(2) —
a
in sub-paragraph (a)(iii) for “component” substitute “plan”;
b
after sub-paragraph (b)(ii)(a) insert “and”;
c
omit sub-paragraph (b)(ii)(c) and the word “and” which precedes it;
d
in sub-paragraph (g) for “or a” substitute “, fund of funds scheme or”;
e
in sub-paragraph (h) after “relevant UCITS ” insert “or Chapter 5 UCITS”;
f
for sub-paragraphs (j) and (ja) substitute —
j
qualifying units in or shares of a non-UCITS retail scheme, in circumstances where the units or shares satisfy the condition specified in paragraph (13);
.
5
In regulation 6(12) omit “(b),”.
6
For regulation 6(13) substitute —
13
The condition specified in this paragraph is that, judged at the date on which the qualifying investments in question become held in the plan (and having regard to the contractual terms and conditions then in existence) the plan investor will not be entitled to a secured minimum return at any time falling within the following 5 years.The plan investor is entitled to a secured minimum return if —
a
the contract under which the investments were acquired, or any other transaction entered into by the plan investor or any other person, or
b
the nature of the underlying subject matter of the investments,
have the effect that the plan investor is not exposed, or not exposed to any significant extent, to the risk of loss from fluctuations in the value of the investments exceeding 5% of the capital consideration paid or payable for the acquisition of those investments.
.
Joan Ryan
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 2005


text:
Title, extent and commencement
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 2) Regulations 2005, extend to England and Wales and come into force on 22nd July 2005.
Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999
2
1
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999 shall be amended in accordance with this regulation.
2
In regulation 2(1), for the definition of the Residues Directives there shall be substituted the following definition:
“the Residues Directives” means Council Directive 86/362/ EEC , Council Directive 86/363/EEC and Council Directive 90/642/EEC , in each case amended as at the date of the making of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 2) Regulations 2005.
.
3
In Schedule 1, for the entries for Metalaxyl and Metalaxyl — M there shall be substituted the following entries:
Column 1 Column 2 Pesticide Residues
Metalaxyl
1
for products of plant origin other than cereals: metalaxyl including other mixtures of constituent isomers including metalaxyl — m (sum of isomers)
2
for cereals and foodstuffs of animal origin: metalaxyl
Metalaxyl — M for cereals: metalaxyl — m
4
In Part 2 of Schedule 2 for the columns of maximum permitted levels for residues of the pesticides Azoxystrobin, Fenhexamid, Fenpropimorph, Iprovalicarb, Maneb Mancozeb Metiram Propineb Zineb, Metalaxyl, Metalaxyl — M, Methomyl thiodicarb, Myclobutanil and Penconazole there shall be substituted the columns of maximum permitted levels for residues of those pesticides as specified in the Schedule to these Regulations.
D. Elis-Thomas
Presiding Officer National Assembly for Wales
28th June 2005
Bach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
27th June 2005


text:
1
This Order may be cited as the European Communities (Definition of Treaties) ( WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty) Order 2005 and shall come into force on 1st February 2006.
2
Each of the treaties specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
A.K. Galloway
Clerk of the Privy Council