text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Contaminated Land (England) Regulations 2006 and come into force on 4th August 2006.
2
These Regulations apply in relation to England only.
3
In these Regulations, “the 1990 Act ” means the Environmental Protection Act 1990.
4
In these Regulations, unless otherwise indicated —
a
any reference to a numbered section is to the section of the 1990 Act which bears that number or, in relation to harm so far as attributable to any radioactivity possessed by any substances, to that section as modified by the Radioactive Contaminated Land (Modification of Enactments)(England) Regulations 2006 ; and
b
in relation to harm, so far as attributable to any radioactivity possessed by any substances, any term defined by the 1990 Act has the meaning given to it by that Act as modified by the Radioactive Contaminated Land (Modification of Enactments)(England) Regulations 2006.
Land required to be designated as a special site
2
1
Contaminated land of the following descriptions is prescribed for the purposes of section 78C(8) as land required to be designated as a special site —
a
land affecting controlled waters in the circumstances specified in regulation 3;
b
land which is contaminated land by reason of waste acid tars in, on or under the land;
c
land on which any of the following activities have been carried on at any time —
i
the purification (including refining) of crude petroleum or of oil extracted from petroleum, shale or any other bituminous substance except coal; or
ii
the manufacture or processing of explosives;
d
land on which a prescribed process designated for central control has been or is being carried on under an authorisation, where the process does not solely consist of things being done which are required by way of remediation;
e
land on which an activity has been or is being carried on in a Part A(1) installation or by means of Part A(1) mobile plant under a permit, where the activity does not solely consist of things being done which are required by way of remediation;
f
land within a nuclear site;
g
land owned or occupied by or on behalf of —
i
the Secretary of State for Defence;
ii
the Defence Council,
iii
an international headquarters or defence organisation, or
iv
the service authority of a visiting force,
being land used for naval, military or air force purposes;
h
land on which the manufacture, production or disposal of —
i
chemical weapons,
ii
any biological agent or toxin which falls within section 1(1)(a) of the Biological Weapons Act 1974 (restriction on development of biological agents and toxins), or
iii
any weapon, equipment or means of delivery which falls within section 1(1)(b) of that Act (restriction on development of biological weapons),
has been carried on at any time;
i
land comprising premises which are or were designated by the Secretary of State by an order made under section 1(1) of the Atomic Weapons Establishment Act 1991 (arrangements for development etc of nuclear devices);
j
land to which section 30 of the Armed Forces Act 1996 (land held for the benefit of Greenwich Hospital) applies;
k
land which is contaminated land wholly or partly by virtue of any radioactivity possessed by any substance in, on or under that land; and
l
land which —
i
is adjoining or adjacent to land of a description specified in any of sub–paragraphs (b) to (k); and
ii
is contaminated land by virtue of substances which appear to have escaped from land of such a description.
2
For the purposes of paragraph (1)(b), “waste acid tars” are tars which —
a
contain sulphuric acid;
b
were produced as a result of the refining of benzole, used lubricants or petroleum; and
c
are or were stored on land used as a retention basin for the disposal of such tars.
3
In paragraph (1)(d), “authorisation” and “prescribed process” have the same meanings as in Part 1 of the 1990 Act (integrated pollution control and air pollution control by local authorities) and the reference to designation for central control is a reference to designation under section 2(4) (which provides for processes to be designated for central or local control).
4
In paragraph (1)(e), “Part A(1) installation”, “Part A(1) mobile plant” and “permit” have the same meanings as in the Pollution Prevention and Control (England and Wales) Regulations 2000 .
5
In paragraph (1)(f), “nuclear site” means —
a
any site in respect of which, or part of which, a nuclear site licence is for the time being in force; or
b
any site in respect of which, or part of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not come to an end.
6
In paragraph (5), “nuclear site licence”, “licensee” and “period of responsibility” have the meanings given by the Nuclear Installations Act 1965 .
7
For the purposes of paragraph (1)(g), land used for residential purposes or by the Navy, Army and Air Force Institutes must be treated as land used for naval, military or air force purposes only if the land forms part of a base occupied for naval, military or air force purposes.
8
In paragraph (1)(g) —
“international headquarters” and “defence organisation” mean, respectively, any international headquarters, and any defence organisation, designated for the purposes of the International Headquarters and Defence Organisations Act 1964 ;
“service authority” and “visiting force” have the same meanings as in Part 1 of the Visiting Forces Act 1952 .
9
In paragraph (1)(h), “chemical weapon” has the same meaning as in subsection (1) of section 1 of the Chemical Weapons Act 1996 , disregarding subsection (2) of that section.
Pollution of controlled waters
3
The circumstances to which regulation 2(1)(a) refers are where —
a
controlled waters which are, or are intended to be, used for the supply of drinking water for human consumption are being affected by the land and, as a result, require a treatment process or a change in such a process to be applied to those waters before use, so as to be regarded as wholesome within the meaning of Part 3 of the Water Industry Act 1991 (water supply);
b
controlled waters are being affected by the land and, as a result, those waters do not meet or are not likely to meet the criterion for classification applying to the relevant description of waters specified in regulations made under section 82 of the Water Resources Act 1991 (classification of quality of waters); or
c
controlled waters are being affected by the land and —
i
any of the substances by reason of which the pollution of the waters is being or is likely to be caused falls within any of the families or groups of substances listed in paragraph 1 of Schedule 1 to these Regulations; and
ii
the waters, or any part of the waters, are contained within underground strata which comprise wholly or partly any of the formations of rocks listed in paragraph 2 of Schedule 1 to these Regulations.
Content of remediation notices
4
1
A remediation notice must state (in addition to the matters required by section 78E(1) and (3)) —
a
the name and address of the person on whom the notice is served;
b
the location and extent of the contaminated land to which the notice relates (in this regulation referred to as the “contaminated land in question”), in sufficient detail to enable it to be identified whether by reference to a plan or otherwise;
c
the date of any notice which was given under section 78B(3) to the person on whom the remediation notice is served identifying the contaminated land in question as contaminated land;
d
whether the enforcing authority considers the person on whom the notice is served is an appropriate person by reason of —
i
having caused or knowingly permitted the substances, or any of the substances, by reason of which the contaminated land in question is contaminated land, to be in, on or under that land; or
ii
being the owner or occupier of the contaminated land in question;
e
particulars of the significant harm, harm or pollution of controlled waters by reason of which the contaminated land in question is contaminated land;
f
the substances by reason of which the contaminated land in question is contaminated land and, if any of the substances have escaped from other land, the location of that other land;
g
the enforcing authority’s reasons for its decisions as to the things by way of remediation that the appropriate person is required to do, showing how any guidance issued by the Secretary of State under section 78E(5) has been applied;
h
where two or more persons are appropriate persons in relation to the contaminated land in question —
i
that this is the case;
ii
the name and address of each such person; and
iii
the thing by way of remediation for which each such person bears responsibility;
i
where two or more persons would, apart from section 78F(6), be appropriate persons in relation to any particular thing which is to be done by way of remediation, the enforcing authority’s reasons for its determination as to whether any, and if so which, of them is to be treated as not being an appropriate person in relation to that thing, showing how any guidance issued by the Secretary of State under section 78F(6) has been applied;
j
where the remediation notice is required by section 78E(3) to state the proportion of the cost of a thing to be done by way of remediation which each of the appropriate persons in relation to that thing is liable to bear, the enforcing authority’s reasons for the proportion which it has determined, showing how any guidance issued by the Secretary of State under section 78F(7) has been applied;
k
where known to the enforcing authority, the name and address of —
i
the owner of the contaminated land in question; and
ii
any person who appears to the enforcing authority to be in occupation of the whole or any part of the contaminated land in question;
l
where known to the enforcing authority, the name and address of any person whose consent is required under section 78G(2) before any thing required by the remediation notice may be done;
m
where the notice is to be served in reliance on section 78H(4), that it appears to the enforcing authority that the contaminated land in question is in such a condition, by reason of substances in, on or under the land, that there is imminent danger of serious harm or serious pollution of controlled waters being caused;
n
that a person on whom a remediation notice is served may be guilty of an offence for failure, without reasonable excuse, to comply with any of the requirements of the notice;
o
the penalties which may be applied on conviction for such an offence;
p
the name and address of the enforcing authority serving the notice; and
q
the date of the notice.
2
A remediation notice must explain —
a
that a person on whom it is served has a right of appeal against the notice under section 78L;
b
how, within what period and on what grounds an appeal may be made; and
c
that a notice is suspended, where an appeal is duly made, until the final determination or abandonment of the appeal.
Service of copies of remediation notices
5
1
Subject to paragraph (2), the enforcing authority must, at the same time as it serves a remediation notice, send a copy of it to each of the following persons, not being a person on whom the notice is to be served —
a
any person who was required to be consulted under section 78G(3) before service of the notice;
b
any person who was required to be consulted under section 78H(1) before service of the notice;
c
where the local authority is the enforcing authority, the Environment Agency; and
d
where the Environment Agency is the enforcing authority, the local authority in whose area the contaminated land in question is situated.
2
Where it appears to the enforcing authority that the contaminated land in question is in such a condition by reason of substances in, on or under it that there is imminent danger of serious harm or serious pollution of controlled waters being caused, the enforcing authority must send any copies of the notice pursuant to paragraph (1) as soon as practicable after service of the notice.
Compensation for rights of entry etc
6
Schedule 2 to these Regulations specifies —
a
the period within which a person who grants, or joins in granting, any rights pursuant to section 78G(2) may apply for compensation for the grant of those rights;
b
the manner in which, and the person to whom, such an application may be made; and
c
the manner in which the amount of such compensation is determined;
and makes further provision relating to such compensation.
Grounds of appeal against a remediation notice
7
1
The grounds of appeal against a remediation notice under section 78L(1) are any of the following —
a
that, in determining whether any land to which the notice relates appears to be contaminated land, the local authority —
i
failed to act in accordance with guidance issued by the Secretary of State under section 78A(2), (5) or (6); or
ii
whether by reason of such a failure or otherwise, unreasonably identified all or any of the land to which the notice relates as contaminated land;
b
that, in determining a requirement of the notice, the enforcing authority —
i
failed to have regard to guidance issued by the Secretary of State under section 78E(5); or
ii
whether by reason of such a failure or otherwise, unreasonably required the appellant to do any thing by way of remediation;
c
that the enforcing authority unreasonably determined the appellant to be the appropriate person who is to bear responsibility for any thing required by the notice to be done by way of remediation;
d
subject to paragraph (2), that the enforcing authority unreasonably failed to determine that some person in addition to the appellant is an appropriate person in relation to any thing required by the notice to be done by way of remediation;
e
that, in respect of any thing required by the notice to be done by way of remediation, the enforcing authority failed to act in accordance with guidance issued by the Secretary of State under section 78F(6);
f
that, where two or more persons are appropriate persons in relation to any thing required by the notice to be done by way of remediation, the enforcing authority —
i
failed to determine the proportion of the cost stated in the notice to be the liability of the appellant in accordance with guidance issued by the Secretary of State under section 78F(7); or
ii
whether, by reason of such a failure or otherwise, unreasonably determined the proportion of the cost that the appellant is to bear;
g
that service of the notice contravened a provision of subsection (1) or (3) of section 78H (restrictions and prohibitions on serving remediation notices) other than in circumstances where section 78H(4) applies;
h
that, where the notice was served in reliance on section 78H(4) in circumstances where section 78H(1) or (3) has not been complied with, the enforcing authority could not reasonably have taken the view that the contaminated land in question was in such a condition by reason of substances in, on or under the land, that there was imminent danger of serious harm or serious pollution of controlled waters being caused;
i
that the enforcing authority has unreasonably failed to be satisfied, in accordance with section 78H(5)(b), that appropriate things are being, or will be, done by way of remediation without service of a notice;
j
that any thing required by the notice to be done by way of remediation was required in contravention of a provision of section 78J (restrictions on liability relating to the pollution of controlled waters);
k
that any thing required by the notice to be done by way of remediation was required in contravention of a provision of section 78K (liability in respect of contaminating substances which escape to other land);
l
that the enforcing authority itself has power, in a case falling within section 78N(3)(b), to do what is appropriate by way of remediation;
m
that the enforcing authority itself has power, in a case falling within section 78N(3)(e), to do what is appropriate by way of remediation;
n
that the enforcing authority, in considering for the purposes of section 78N(3)(e) whether it would seek to recover all or a portion of the cost incurred by it in doing some particular thing by way of remediation —
i
failed to have regard to any hardship which the recovery may cause to the person from whom the cost is recoverable or to any guidance issued by the Secretary of State for the purposes of section 78P(2); or
ii
whether by reason of such a failure or otherwise, unreasonably determined that it would decide to seek to recover all of the cost;
o
that, in determining a requirement of the notice, the enforcing authority failed to have regard to guidance issued by the Environment Agency under section 78V(1);
p
that a period specified in the notice within which the appellant is required to do anything is not reasonably sufficient for the purpose;
q
that the notice provides for a person acting in a relevant capacity to be personally liable to bear the whole or part of the cost of doing any thing by way of remediation, contrary to the provisions of section 78X(3)(a);
r
that service of the notice contravened a provision of section 78YB (which makes provision regarding the interaction of Part 2A of the 1990 Act with other enactments), and —
i
in a case where subsection (1) of that section is relied on, that it ought to have appeared to the enforcing authority that the powers of the Environment Agency under section 27 might be exercised;
ii
in a case where subsection (3) of section 78YB is relied on, that it ought to have appeared to the enforcing authority that the powers of a waste regulation authority or waste collection authority under section 59 might be exercised; or
s
that there has been some informality, defect or error in, or in connection with, the notice, in respect of which there is no right of appeal under the grounds set out in sub–paragraphs (a) to (r).
2
A person may only appeal on the ground specified in paragraph (1)(d) in a case where —
a
the enforcing authority has determined that he is an appropriate person by virtue of subsection (2) of section 78F and he claims to have found some other person who is an appropriate person by virtue of that subsection;
b
the notice is served on him as the owner or occupier for the time being of the contaminated land in question and he claims to have found some other person who is an appropriate person by virtue of that subsection; or
c
the notice is served on him as the owner or occupier for the time being of the contaminated land in question, and he claims that some other person is also an owner or occupier for the time being of the whole or part of that land.
3
If and in so far as an appeal against a remediation notice is based on the ground of some informality, defect or error in, or in connection with, the notice, the Secretary of State must dismiss the appeal if he is satisfied that the informality, defect or error was not a material one.
Appeals to the Secretary of State
8
1
An appeal to the Secretary of State against a remediation notice must be made to him by a notice (“notice of appeal”) which states —
a
the name and address of the appellant;
b
the grounds on which the appeal is made; and
c
whether the appellant wishes the appeal to be in the form of a hearing or to be disposed of on the basis of written representations.
2
The appellant must, at the same time as he serves a notice of appeal on the Secretary of State —
a
serve a copy of it on —
i
the enforcing authority;
ii
any person named in the remediation notice as an appropriate person;
iii
any person named in the notice of appeal as an appropriate person; and
iv
any person named in the remediation notice as the owner or occupier of the whole or any part of the land to which the notice relates;
b
serve on the Secretary of State a statement of the names and addresses of any persons falling within paragraph (ii), (iii) or (iv) of sub–paragraph (a); and
c
serve a copy of the remediation notice to which the appeal relates on the Secretary of State and on any person named in the notice of appeal as an appropriate person who is not so named in the remediation notice.
3
If the appellant wishes to abandon an appeal, he must do so by notifying the Secretary of State in writing and the appeal is then treated as abandoned as from the date on which the Secretary of State receives that notification.
4
The Secretary of State may refuse to permit an appellant to abandon his appeal against a remediation notice where the notification by the appellant in accordance with paragraph (3) is received by the Secretary of State at any time after the Secretary of State has notified the appellant in accordance with regulation 11(1) of a proposed modification of that notice.
5
Where an appeal is abandoned, the Secretary of State must give notice of the abandonment to any person on whom the appellant was required to serve a copy of the notice of appeal.
Hearings and local inquiries
9
1
Before determining an appeal, the Secretary of State may, if he thinks fit —
a
cause the appeal to take or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private); or
b
cause a local inquiry to be held.
2
Before determining an appeal, the Secretary of State must act as mentioned in sub–paragraph (a) or (b) of paragraph (1) if a request is made by either the appellant or the enforcing authority to be heard with respect to the appeal.
3
The persons entitled to be heard at a hearing are —
a
the appellant;
b
the enforcing authority; and
c
any person (other than the enforcing authority) on whom the appellant was required to serve a copy of the notice of appeal.
4
Nothing in paragraph (3) prevents the person appointed to conduct the hearing of the appeal from permitting any other person to be heard at the hearing and such permission must not be unreasonably withheld.
5
After the conclusion of a hearing, the person appointed to conduct the hearing must, unless he has been appointed under subsection (1)(a) of section 114 of the Environment Act 1995 (power of Secretary of State to delegate his functions of determining, or to refer matters involved in, appeals) to determine the appeal, make a report in writing to the Secretary of State, which must include his conclusions and his recommendations or his reasons for not making any recommendations.
Notification of Secretary of State’s decision on an appeal
10
1
The Secretary of State must notify the appellant in writing of his decision on an appeal and must provide him with a copy of any report mentioned in regulation 9(5).
2
The Secretary of State must, at the same time as he notifies the appellant, send a copy of the documents mentioned in paragraph (1) to the enforcing authority and to any other person on whom the appellant was required to serve a copy of the notice of appeal.
Modification of a remediation notice
11
1
Before modifying a remediation notice under subsection (2)(b) of section 78L (appeals against remediation notices) in any respect which would be less favourable to the appellant or any other person on whom the notice was served, the Secretary of State must —
a
notify the appellant and any persons on whom the appellant was required to serve a copy of the notice of appeal of the proposed modification;
b
permit any persons so notified to make representations in relation to the proposed modification; and
c
permit the appellant or any other person on whom the remediation notice was served to be heard if any such person so requests.
2
Where, in accordance with paragraph (1), the appellant or any other person is heard, the enforcing authority is also entitled to be heard.
Suspension of a remediation notice
12
1
Where an appeal is duly made against a remediation notice, the notice is of no effect pending the final determination or abandonment of the appeal.
2
An appeal against a remediation notice is duly made for the purposes of this regulation if it is made within the period specified in section 78L(1) and the requirements of regulation 8(1) and (2) have been complied with.
Registers
13
1
For the purpose of subsection (1) of section 78R (registers) the particulars that must be contained in a register maintained under that subsection are specified in Schedule 3.
2
The following descriptions of information are prescribed for the purposes of section 78R(2) as information to be contained in notifications for the purposes of section 78R(1)(h) and (j) —
a
the location and extent of the land in sufficient detail to enable it to be identified;
b
the name and address of the person who it is claimed has done each of the things by way of remediation;
c
a description of any thing which it is claimed has been done by way of remediation; and
d
the period within which it is claimed each such thing was done.
3
The following places are prescribed for the purposes of subsection (8) of section 78R as places at which any registers or facilities for obtaining copies must be available or afforded to the public in pursuance of paragraph (a) or (b) of that subsection —
a
where the enforcing authority is the local authority, its principal office; and
b
where the enforcing authority is the Environment Agency, its office for the area in which the contaminated land in question is situated.
Revocations
14
The Contaminated Land (England) Regulations 2000 and the Contaminated Land (England) (Amendment) Regulations 2001 are revoked.
Ian Pearson
Minister of State,
Department for Environment, Food and Rural Affairs
17th May 2006


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No.14 and Transitional Provision) Order 2006.
2
In this Order —
“the 2003 Act ” means the Criminal Justice Act 2003;
“the 1976 Act ” means the Bail Act 1976 ;
“offence” includes an alleged offence.
Commencement
2
1
— Subject to article 3, the following provisions of the 2003 Act shall come into force on 1st January 2007 —
a
sections 14 (offences committed while on bail) and 15(1) and (2) (failure to surrender by persons released on bail) for the purposes only of any offence —
i
to which paragraph 2A(2)(b) , 6(2)(b) , 9AA(1)(b) , or 9AB(1)(b) of Part 1 of Schedule 1 to the 1976 Act applies, and
ii
in relation to which the defendant is liable on conviction to a sentence of imprisonment for life, detention during Her Majesty’s pleasure or custody for life; and
b
paragraph 3 of Schedule 36 (minor and consequential amendments to the 1976 Act).
Transitional provision
3
1
The coming into force of section 14 of the 2003 Act has effect only where the offence to which paragraph 2A(2)(b) or 9AA(1)(b) of Part 1 of Schedule 1 to the 1976 Act applies was committed on or after 1st January 2007.
2
The coming into force of section 15(1) and (2) of the 2003 Act has effect only where the failure to surrender referred to in paragraph 6(2)(b) or 9AB(1)(b) of Part 1 of Schedule 1 to the 1976 Act occurred on or after 1st January 2007.
Scotland of Asthal,Q.C.
Minister of State
Home Office
4th December 2006


text:
Citation and commencement
1
This Order may be cited as the Licensing Act 2003 (Consequential Amendment)(Non-Domestic Rating)(Public Houses in England) Order 2006 and comes into force on 31st March 2006.
Interpretation
2
In this Order —
a
“the 2001 Order ” means the Non-Domestic Rating (Public Houses and Petrol Filling Stations)(England) Order 2001 ;
b
“transitional public house” means the whole or part of a hereditament which —
i
as a result of the coming into force of this Order ceases to be a public house within the meaning of paragraph (2) of article 1 of the 2001 order, and
ii
continues to be a public house within the meaning of that paragraph as it stood before this Order came into force.
Amendment
3
In article 1(2) of the 2001 Order omit the definition of “public house” and after the definition of “petrol filling station” add —
“premises” has the meaning given by section 193 of the Licensing Act 2003 ;
“premises licence” means —
a premises licence granted under Part 3 of that Act, or
a licence granted under Part 1 of Schedule 8 to that Act;
“public house” means premises in respect of which a relevant premises licence has effect;
“relevant premises licence” means a premises licence which —
authorises the sale by retail of alcohol for consumption on the premises, or for consumption on or off the premises;
is not subject to any condition restricting the sale of alcohol by reference to —
the use or intended use of the premises for the habitual provision of customary main meals;
a requirement that alcohol be sold or supplied on the premises only to persons taking meals on the premises for consumption ancillary to their meals;
is not subject to any condition restricting the sale of alcohol by reference to —
the use or intended use of the premises for the purpose of habitually providing board and lodging (including breakfast and at least one other customary main meal) for reward;
a requirement that alcohol be sold or supplied on the premises only to persons residing there (or to their private friends entertained by them at their own expense) for consumption by such a person (or their private friend) on the premises, or with a meal supplied at but to be consumed off the premises.
.
Transitional provision
4
Before 1st April 2007 a transitional public house is to be taken to be a public house within the meaning of article 1(2) of the 2001 Order.
James Purnell
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
7th March 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment No. 2) Regulations 2006 and shall come into force on 30th July 2006.
2
In these Regulations, “the principal Regulations ” means the Motor Vehicles (EC Type Approval) Regulations 1998 .
Amendment of regulation 3 (interpretation)
2
In regulation 3(1) of the principal Regulations, in the definition of “the Framework Directive” after the words “Commission Directive 2004/104/EC ”, there shall be inserted “, and, in addition, by the amendments effected by Commission Directives 2005/49/EC , dated 25th July 2005, and 2006/28/EC , dated 6th March 2006”.
Amendments of Schedule 1 (separate Directives)
3
1
The table in Schedule 1 to the principal Regulations shall be amended as follows.
2
In item 10 (suppression (radio)), there shall be added in the third and fourth columns after the last entry —
2005/49/EC* L194, 26.07.2005, p.12 2005/83/EC* L305, 24.11.2005, p.32 2006/28/EC* L65, 7.3.2006, p.27
Signed by authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
27th June 2006


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 2006 and shall come into force on [1st October] 2006.
2
These Regulations apply in relation to England only.
3
In these Regulations, “the CNST Regulations ” means the National Health Service (Clinical Negligence Scheme) Regulations 1996 .
Amendment of regulation 4 of the CNST Regulations
2
In regulation 4 (liabilities to which the Scheme applies) of the CNST Regulations, at the end add —
3
The Scheme also applies to any liability in tort under the law of England and Wales owed to a third party by a person specified in paragraph (6) (“X”) in respect of or consequent upon personal injury or loss as specified in paragraph (4).
4
The personal injury or loss referred to in paragraph (3) is personal injury or loss arising out of or in connection with any breach of a duty of care owed by X to any person, in consequence of any act or omission to act specified in paragraph (5), in connection with —
a
the diagnosis of any illness; or
b
the care or treatment of any patient.
5
The act or omission referred to in paragraph (4) is an act or omission to act in connection with the provision of services under the 1977 Act on the part of —
a
X; or
b
a person employed or engaged by X.
6
Subject to paragraph (7), the person referred to in paragraph (3) is a person —
a
engaged by a Primary Care Trust to provide services under the 1977 Act which, immediately before that engagement, the Primary Care Trust was providing itself; and
b
which has satisfied the Secretary of State that, were it a body falling within regulation 3 (eligible bodies), it would meet the requirements to be admitted as a member of the Scheme.
7
Paragraph (6) does not apply in the case of primary medical or dental services which, immediately before the engagement referred to in that paragraph, the Primary Care Trust was providing under section 16CA(2) (primary dental services), 16CC(2)(a) (primary medical services) or 28C (personal medical or dental services) of the 1977 Act.
8
For the purposes of the Scheme and these Regulations, the liabilities of a Primary Care Trust shall be taken to include the liabilities referred to in paragraph (3) of a person referred to in paragraph (6) whom that Primary Care Trust has engaged to provide services and references in these regulations to the liabilities of a member or eligible body shall be construed accordingly.
9
In this regulation, “the 1977 Act” means the National Health Service Act 1977.
.
Amendment of regulation 9 of the CNST Regulations
3
In regulation 9 (payments under the Scheme) of the CNST Regulations, at the end add —
5
In this regulation, any references to —
a
payments made or falling to be made or sums payable by, to or on behalf of a member;
b
claims made against or falling to be met by a member;
c
proceedings conducted by a member;
d
admissions, agreements or compromises made by a member;
e
compliance by a member with conditions imposed by the Secretary of State;
f
the award of damages against a member;
g
legal and associated costs incurred by or on behalf of a member;
h
the contribution of a member towards legal costs; or
i
a decision by a member to make a payment into court,
shall, in appropriate cases, be construed as including a reference to all such matters in respect of a person referred to in regulation 4(6).
.
Signed by authority of the Secretary of State for Health
Andrew Burnham
Minister of State
Department of Health
6th September 2006


text:
Citation and commencement
1
These Regulations may be cited as the Nuclear Reactors (Environmental Impact Assessment for Decommissioning)(Amendment) Regulations 2006 and shall come into force on 6th April 2006.
Amendment of the Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999
2
1
The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 shall be amended as follows.
2
In regulation 2(1), before the definition of “the consultation bodies” insert —
“any particular person” includes any non-governmental organisation promoting environmental protection;
3
At the end of regulation 3(3), add “where the Secretary of State is of the opinion that application of these Regulations would have an adverse effect on the defence purposes of the project”.
4
In regulation 4(b), omit the words “in accordance with regulation 8(3)”.
5
In regulation 8(2) —
a
in sub-paragraph (b), omit the word “and”;
b
at the end of sub-paragraph (c), insert “and”; and
c
insert after paragraph (c) —
d
shall inform any particular person who they are aware is or is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a local advertisement, by sending them a notice that contains those details set out in regulation 9(1) (i) and (j).
6
In regulation 9(1),
a
in sub-paragraph (h) omit “and”;
b
at the end of sub-paragraph (i), insert “and”; and
c
insert after paragraph (i) —
j
that the project is subject to an environmental impact assessment procedure;
.
7
In regulation 11(c) —
a
for sub-paragraph (ii) substitute “the main reasons and considerations on which the decision is based, including information about the public participation process;”;
b
at the end of sub-paragraph (iii), insert “; and”; and
c
after sub-paragraph (iii), insert —
iv
information regarding the right to challenge the validity of the decision and the procedures for doing so.
8
In regulation 12(6), for “paragraph (3)” substitute “paragraph (5)”.
9
In regulation 13(1), for “with the project” substitute “with the change or extension to the project and any other part of the project that the Executive may direct”.
10
For regulation 14, substitute —
14
Nothing in these Regulations shall require the disclosure by a body of information that it is entitled not to disclose under regulations 12 and 13 of the Environmental Information Regulations 2004 or regulations 10 and 11 of the Environmental Information (Scotland) Regulations 2004 .
Signed by authority of the Secretary of State for Work and Pensions.
Philip Hunt
Parliamentary Under Secretary of State,
Department for Work and Pensions
8th March 2006


text:
PART 1
Introduction
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pensions Schemes (Application of UK Provisions to Relevant Non-UK Schemes) Regulations 2006 and shall come into force on 6 th April 2006.
2
In these Regulations —
“ the Act ” means the Finance Act 2004 any reference (without more) to a numbered section or Schedule is a reference, as the case requires, to the section of, or Schedule to, the Act which bears that number;
“benefit crystallisation event 8” means the event which constitutes benefit crystallisation event 8 in section 216;
“recognised overseas pension scheme” has the meaning given by section 150(8); and
“relevant non-UK scheme” has the same meaning given by paragraph 1(5) of Schedule 34.
PART 2
Application and computation of UK tax charges
Computation of a member’s UK tax-relieved fund under a relevant non-UK scheme
2
The amount of a member’s UK tax-relieved fund under a relevant non-UK scheme is the aggregate of —
a
the amounts which, for each tax year before that in which the computation falls to be made, would have been arrived at in relation to arrangements under the relevant non-UK scheme relating to the individual as pension input amounts under sections 230 to 238 of the Act (annual allowance) as they apply by virtue of paragraph 8 of Schedule 34 to the Act, and
b
the amount which would be so arrived at if the period beginning with 6 th April of the tax year in which the computation falls to be made; and ending immediately before the making of the computation, were a tax year,
assuming that section 229(3) did not apply.
Computation of a member’s relevant transfer fund
3
The amount of a member’s relevant transfer fund under a relevant non-UK scheme (that scheme being referred to here as “the RNUKS”) is the sum of —
a
the amount crystallised by virtue of benefit crystallisation event 8 on the transfer from a UK registered scheme to the RNUKS; and
b
so much of the member’s UK tax-relieved fund under any other relevant non-UK scheme as has been transferred to the RNUKS but has not been subject to the unauthorised payments charge; and
c
so much of the member’s relevant transfer fund under any other relevant non-UK scheme as has been transferred to the RNUKS —
i
without being subject to the unauthorised payments charge; and
ii
at a time when the other relevant non-UK scheme is a recognised overseas pension scheme.
Attributing payments to particular funds under a relevant non-UK scheme
4
1
This regulation applies to determine to which part of a relevant non-UK scheme a payment to, or in respect of, a member is referable.
2
It shall be assumed that —
a
payments made by the scheme to or in respect of the member are made out of the member’s UK tax-relieved fund in priority to any other fund under that scheme; and
b
the amount of the member’s UK tax-relieved fund is reduced by the amount paid out of the scheme.
3
If the member’s UK tax-relieved fund is nil, or has been reduced to nil, it shall be assumed that —
a
payments made by the scheme to or in respect of the member are made out of the relevant transfer fund in priority to any other fund under that scheme; and
b
the amount of the relevant transfer fund is reduced by the amount paid out of the scheme.
PART 3
Modifications to Part 4 of the Finance Act 2004 in respect of relevant non-UK schemes
5
Part 4 of the Finance Act 2004 shall be modified in respect of relevant non-UK schemes, within the meaning of paragraph 1(5) of Schedule 34, in accordance with the following provisions of these Regulations.
Modification of pension rules
6
In section 165, in pension rules 4 and 6 omit from “but a scheme pension” to the end.
Modification of pension death benefit rules
7
In section 167 in pension death benefit rules 3 and 5 omit from “but a dependants' scheme pension” to the end.
Modification of section 227
8
In section 227(3)(b) for “scheme administrator” substitute “scheme manager”.
Modification of section 231
9
In section 231 —
a
in subsection (3) —
i
in paragraph (b) for “the retail prices index” substitute “a relevant index”;
ii
omit paragraph (c); and
b
at the end add —
4
In this section “relevant index” means —
a
an index of the movement of retail prices maintained, or officially recognised, by the government of the country or territory in which the recognised overseas scheme is established; or
b
if there is no such index as is mentioned in paragraph (a) of this definition, the retail prices index.
.
Modification of section 235
10
In section 235 —
a
in subsection (3) —
i
in paragraph (b) for “the retail prices index” substitute “a relevant index”;
ii
omit paragraph (c); and
b
at the end of the section add —
4
In this section “relevant index” means —
a
an index of the movement of retail prices maintained, or officially recognised, by the government of the country or territory in which the recognised overseas scheme is established; or
b
if there is no such index as is mentioned in paragraph (a) of this definition, the retail prices index.
.
Modification of section 275
11
1
In the heading of section 275 at the end add “and Non-EEA annuity provider”.
2
At the end of the section add —
3
In this Part “non-EEA annuity provider” means a person resident in a country or territory outside the European Economic Area —
a
whose normal business includes the provision of annuities; and
b
who is regulated in the conduct of that business —
i
by the government of that country or territory; or
ii
a body established under the law of that country or territory for the purpose of regulating such business.
.
Modification of section 276
12
In section 276(2) for “scheme administrator” substitute “scheme manager”.
Modification of section 279
13
1
Section 279(1) shall be modified as follows.
2
At the appropriate points in the alphabetical list insert —
“applicable pension scheme”, in relation to a pension sharing order in respect of a member’s spouse or ex-spouse, means a scheme which is —
a recognised overseas pension scheme within the meaning of this Part; or
a scheme which is recognised for tax purposes under the law of either the country or territory in which it is situate or that of the country or territory in which the pension sharing order is made;
; and
“ex-spouse”, in relation to a member, means the other party to a marriage with the member that has been dissolved or annulled;
;
3
For the definitions of “pension credit” and “pension debit” substitute —
“pension credit” and “pension debit” mean respectively the amount by which —
the entitlement of a member’s spouse or ex-spouse under an applicable pension scheme, is increased; and
the entitlement of a member under a qualifying recognised overseas pension scheme is decreased,
pursuant to a pension sharing order;.
.
4
For the definition of “pension sharing order or provision” substitute —
“pension sharing order” means an order of a court, by virtue of which amounts are transferred from a recognised overseas pension scheme of a member to an applicable pension scheme of that member’s spouse or ex-spouse, in or in connection with proceedings relating to the dissolution or annulment of the marriage of the parties;
.
Modification of Schedule 28
14
1
Schedule 28 is modified as follows.
2
In paragraph 1 —
a
in sub-paragraph (a) after “registered medical practitioner” insert “or a recognised medical practitioner”;
b
at the end of the paragraph add —
In this paragraph “recognised medical practitioner” means a medical practitioner practising outside the United Kingdom who is authorised, licensed or registered to practise medicine in the country or territory, outside the United Kingdom, in which either the scheme or the member is resident.
.
3
In the following provisions for “scheme administrator” substitute “scheme manager”.
The provisions are —
a
paragraph 1(a);
b
paragraph 2 (in each place where the expression occurs);
c
paragraph 10(3)(b);
d
paragraph 13(3);
e
paragraph 16(1) and (2);
f
paragraph 24(3)(b); and
g
paragraph 27(3).
4
Omit paragraphs 3(1)(b), 6(1)(c), 17(1)(b) and 20(1)(c).
5
In paragraph 15(2)(b) and (3) omit “, in the opinion of the scheme administrator”.
6
At the end of the Schedule add —
PART 3
Relevant Non UK Schemes- interpretation
Construction of references to insurance companies
28
1
In this Schedule, in its application to a scheme established in a country or territory outside the European Economic Area, any reference to an insurance company includes a non-EEA annuity provider.
2
Section 275(3) defines “non-EEA annuity provider”.
.
Modification of Schedule 29
15
1
Schedule 29 is modified as follows.
2
In paragraph 1 after sub-paragraph (4) insert —
4A
In determining whether all or part of the member’s lifetime allowance is available —
a
an amount treated as crystallising by virtue of benefit crystallisation event 8 shall be disregarded; and
b
the amount of the allowance available shall be reduced by the aggregate of —
i
the amount of any previous pension commencement lump sum paid to or in respect of the member by a recognised overseas pension scheme, to the extent that the lump sum is referable to the member’s relevant transfer fund, and
ii
the amount which would have crystallised by virtue of the member becoming entitled to a pension, had the scheme paying it been a registered pension scheme, to the extent that it is so referable.
4B
For the purposes of sub-paragraph (4A) “the member’s relevant transfer fund” has the meaning given in paragraph 4(2) of Schedule 34 .
.
3
In paragraph 2 —
a
in sub-paragraph (6) for the definition of AAC substitute —
AAC is the aggregate of —
a
the amounts crystallised by each benefit crystallisation event (other than benefit crystallisation event 8) which has occurred in relation to the member before the member becomes entitled to the lump sum (or treated as crystallised) on each occasion on which entitlement to a pension arises; and
b
the amount which would have crystallised, had the scheme paying it been a registered pension scheme —
i
on entitlement arising to any pension commencement lump sum, to the extent that the lump sum is referable to the member’s relevant transfer fund, or
ii
on entitlement arising to a pension, to the extent that it is so referable.
;
b
after sub-paragraph (6) insert —
6A
The member’s becoming entitled to a pension commencement lump sum, or to a pension, as mentioned in paragraph (b) of the definition of AAC in paragraph (6) shall be treated as a benefit crystallisation event for the purposes of sub-paragraph (7).
.
4
In paragraph 4 —
a
in sub-paragraph (1)(a) after “registered medical practitioner” insert “or a recognised medical practitioner”;
b
at the end of the paragraph add —
3
In sub-paragraph (1) “recognised medical practitioner” means a medical practitioner practising outside the United Kingdom who is authorised, licensed or registered to practise medicine in the country or territory, outside the United Kingdom, in which either the scheme or the member is resident.
4
In determining whether all or part of the member’s lifetime allowance is available —
a
an amount crystallising by virtue of benefit crystallisation event 8 shall be disregarded; and
b
the amount of the allowance available shall be reduced by the aggregate of —
i
the amount of any previous pension commencement lump sum which has been paid to or in respect of the member by a recognised overseas pension scheme, to the extent that it is referable to the member’s relevant transfer fund and
ii
the amount which would have crystallised on the member becoming entitled to a pension, had the scheme paying it been a registered pension scheme, to the extent that it is so referable.
.
5
In paragraph 5(1)(c) after “benefit crystallisation event” insert —
, other than an event which constitutes benefit crystallisation event 8
.
6
At the end of paragraph 7 add —
6
In determining whether all or part of the member’s lifetime allowance is available —
a
an amount crystallising by virtue of benefit crystallisation event 8 shall be disregarded; and
b
the amount of the allowance available shall be reduced by the aggregate of —
i
the amount of any previous pension commencement lump sum which has been paid to or in respect of the member by a recognised overseas pension scheme, to the extent that it is referable to the member’s relevant transfer fund and
ii
the amount which would have crystallised on the member becoming entitled to a pension, had the scheme paying it been a registered pension scheme, to the extent that it is so referable.
.
7
At the end of paragraph 10 add —
4
In determining whether all or part of the member’s lifetime allowance is available —
a
an amount crystallising by virtue of benefit crystallisation event 8 shall be disregarded; and
b
the amount of the allowance available shall be reduced by the aggregate of —
i
the amount of any previous pension commencement lump sum which has been paid to or in respect of the member by a recognised overseas pension scheme, to the extent that the lump sum is referable to the member’s relevant transfer fund, and
ii
the amount which would have crystallised on the member becoming entitled to a pension, had the scheme paying it been a registered pension scheme, to the extent that it is so referable.
.
8
In paragraph 11 after sub-paragraph (b) insert —
bb
it is not paid from the relevant transfer fund of a qualifying recognised overseas pension scheme,
.
9
In paragraph 4(1)(a), and paragraph 19(1)(d) and (2)(e) for “scheme administrator” substitute “scheme manager”.
Modification of Schedule 32
16
In paragraph 11(6) of Schedule 32 —
a
for “the retail prices index” (in both places) substitute “a relevant index”; and
b
at the end add —
Here “relevant index” means —
an index of the movement of retail prices maintained, or officially recognised, by the government of the country or territory in which the recognised overseas scheme is established; or
if there is no such index as is mentioned in paragraph (a) of this definition, the retail prices index.
.
Modification of Schedule 34
17
In Schedule 34 after paragraph 19 add —
Revenue and Customs discretion
19A
1
Sub-paragraph (2) applies to —
a
the member payment provisions to a payment made (or treated by this Part as made) to or in respect of —
i
a relieved member of a relevant non-UK scheme, or
ii
a transfer member of such a scheme;
b
the annual allowance provisions in relation to an individual who is a currently-relieved member of a currently-relieved non-UK scheme; and
c
the lifetime allowance provision charge in relation to an individual who is a relieved member of a relieved non-UK pension scheme.
2
If it appears to an officer of Revenue and Customs that, by reason of some non-compliance with the requirements set out in this Part, which in the officer’s view does not materially affect the nature of a payment, the payment, or the member in respect of whom it is payable, would be treated less favourably by the strict application of the provisions mentioned in paragraph (1) than in the officer’s view is appropriate, sub-paragraph (3) applies.
3
If this sub-paragraph applies, an officer of Revenue and Customs —
a
may decide, and
b
if requested to do so by a member falling within any of the descriptions in paragraphs (a) to (c) of sub-paragraph (1), shall decide,
whether, notwithstanding the non-compliance referred to in sub-paragraph (2), the treatment which, but for that non-compliance, would have applied under this Part should apply to the payment or the member (as the case may be).
This is subject to the qualification in sub-paragraph (4).
4
An officer of Revenue and Customs shall not make a decision under sub-paragraph (3) that, notwithstanding the difference referred to in sub-paragraph (2), the provisions of this Part shall apply to the payment or the member unless —
a
it appears to the officer that the effect of the decision would be to reduce the total cumulative tax liability in respect of the charges mentioned in subparagraph (1) of the member whose tax liability would be affected by it, taking one year with another;
b
the officer has first given at least 28 days' notice of his intention to make the decision to the member whose tax liability would by affected by it; and
c
the member has —
i
consented to the making of the decision; or
ii
failed to respond to the notice within the period specified in paragraph (b).
5
If an officer of Revenue and Customs decides under sub-paragraph (3) that —
a
the conditions for the exercise of his discretion under that paragraph are not met; or
b
the conditions for its exercise are met, but that it is otherwise inappropriate for him to exercise it in favour of the member,
the member may appeal against the decision.
6
Subsections (3) to (5) of section 170 apply for the purposes of a decision by an officer of Revenue and Customs under sub-paragraph (3) as they apply to a decision under section 169(5).
7
The Commissioners before whom an appeal under paragraph (5) is brought must consider —
a
whether the conditions for the exercise of the discretion of an officer of Revenue and Customs have been met; and
b
if they are satisfied that those conditions have been met, whether the discretion ought to have been exercised in favour of the member.
8
If they decide that the conditions for the exercise of that discretion have not been met, they must dismiss the appeal.
9
If they decide that the conditions for the exercise of that discretion have been met, they must decide whether the discretion ought to have been exercised in favour of the member.
10
If they decide that although the conditions are met, the discretion ought not to have been exercised in favour of the member, they must dismiss the appeal.
11
If they decide that the discretion ought to have been exercised in favour of the member they may so decide and the provisions of this Part shall apply accordingly to the member or the payment in question (as the case may be).
12
A decision under sub-paragraph (8) or (10) is final but subject to any further appeal or any determination on, or in consequence of, a case stated.
.
David Varney
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
1st February 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits Up-rating Regulations 2006 and shall come into force on 10th April 2006.
2
In these Regulations, “the Up-rating Order ” means the Social Security Benefits Up-rating Order 2006 .
Exceptions relating to payment of additional benefit by virtue of the Up-rating Order
2
Section 155(3) of the Social Security Administration Act 1992 (effect of alteration of rates of benefit under Parts II to V of the Social Security Contributions and Benefits Act 1992) shall not apply if a question arises as to either —
a
the weekly rate at which the benefit is payable by virtue of the Up-rating Order, or
b
whether the conditions for receipt of the benefit at the altered rate are satisfied,
until that question has been determined in accordance with the provisions of the Social Security Act 1998 .
Persons not ordinarily resident in Great Britain
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of the Up-rating Order.
Amendment of the Social Security Benefit (Dependency) Regulations 1977
4
In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 (increase of carer’s allowance for child dependants) —
a
for “£170”, in both places where it occurs, substitute “£175”; and
b
for “£22” substitute “£23”.
Revocation
5
The Social Security Benefits Up-rating Regulations 2005 are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
9th March 2006


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Betting, Gaming and Lotteries) Order 2006 and comes into force on 1st November 2006.
Variation of Group 4 of Schedule 9 of the Value Added Tax Act 1994
2
Group 4 of Schedule 9 to the Value Added Tax Act 1994 (exemption: betting, gaming and lotteries) is amended as follows —
a
in item 1 (exemptions in relation to betting and gaming), for “or the playing of any games of chance” substitute “or for the playing of any games of chance for a prize”;
b
in Note (1)(d) (matters not included in item 1), for “a gaming machine” substitute “anything which is a gaming machine for the purposes of section 23”;
c
for Notes (2) to (8) substitute —
2
”Game of chance” —
a
includes —
i
a game that involves both an element of chance and an element of skill,
ii
a game that involves an element of chance that can be eliminated by superlative skill, and
iii
a game that is presented as involving an element of chance, but
b
does not include a sport.
3
A person plays a game of chance if he participates in a game of chance —
a
whether or not there are other participants in the game, and
b
whether or not a computer generates images or data taken to represent the actions of other participants in the game.
4
”Prize” does not include the opportunity to play the game again.
.
Revocation
3
In consequence of the provision made by this Order, the Value Added Tax (Betting, Gaming and Lotteries) Order 2005 is revoked.
Dave Watts
Kevin Brennan
Two of the Lords Commissioners of Her Majesty’s Treasury
9th October 2006


text:
Citation and commencement
1
These Regulations may be cited as the Immigration (Notices) (Amendment) Regulations 2006 and shall come into force on the 31st August 2006.
Amendment of the Immigration (Notices) Regulations 2003
2
The Immigration (Notices) Regulations 2003 are amended as follows.
3
After regulation 4(2) (Notice of decisions) insert —
2A
The decision-maker must give written notice to a person of a decision that they are no longer a refugee if as a result of that decision a right of appeal arises under section 83A(2) of the 2002 Act .
.
4
In regulation 5 of the Immigration (Notices) Regulations 2003 (Contents of notice), for paragraph (1) substitute the following —
1
A notice given under regulation 4(1) —
a
is to include or be accompanied by a statement of the reasons for the decision to which it relates; and
b
if it relates to an immigration decision specified in section 82(2)(a), (g), (h), (i), (ia) or (j) of the 2002 Act —
i
shall state the country or territory to which it is proposed to remove the person; or
ii
may, if it appears to the decision-maker that the person to whom the notice is to be given may be removable to more than one country or territory, state any such countries or territories..
Joan Ryan
Parliamentary Under Secretary of State
Home Office
3rd August 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medway Primary Care Trust (Establishment) Amendment (Consequential Amendments on Variation of Area) Order 2006 and shall come into force on 1st October 2006.
2
In this Order “ Amendment Order ” means the Medway Primary Care Trust (Establishment) Amendment Order 2006 .
Amendment of the Amendment Order
2
1
For article 1(2) of the Amendment Order, there is substituted —
2
In this Order —
“ 2006 Establishment Order ” means the Primary Care Trusts (Establishment and Dissolution) (England) Order 2006 ;
“ Act ” means the National Health Service Act 1977;
“Area A” means the parish of Upchurch in the ward of Hartlip, Newington and Upchurch, in the district of Swale, in the county of Kent, being part of the area for which the trust was established immediately before this Order comes into force;
“Area B” means the following areas in the county of Kent —
in the district of Tonbridge and Malling, the ward of Blue Bell Hill and Walderslade; and
in the district of Gravesham, the ward of Higham;
being part of the area for which the trust was established immediately before this Order comes into force;
“dispensing doctor list” means a list maintained by a Primary Care Trust pursuant to section 43 of the Act (persons authorised to provide pharmaceutical services);
“list” means a dispensing doctor list, an ophthalmic list, an ophthalmic supplementary list, a performers list or a pharmaceutical list;
“ongoing matter” has the meaning given in article 10;
“ophthalmic list” means a list maintained by a Primary Care Trust pursuant to section 39 of the Act (regulations as to section 38);
“ophthalmic supplementary list” means a list maintained by a Primary Care Trust pursuant to section 43D of the Act (supplementary lists);
“performers list” means a list maintained by a Primary Care Trust pursuant to section 28X of the Act (persons performing primary medical and primary dental services);
“pharmaceutical list” means a list maintained by a Primary Care Trust pursuant to section 42 of the Act (regulations as to pharmaceutical services);
“practitioner” means a person whose name is included in a list;
“ Principal Order ” means the Medway Primary Care Trust (Establishment) Order 2002 ;
“trust” means the Medway Primary Care Trust which was established by the Principal Order;
“transferee A” means the Eastern and Coastal Kent Primary Care Trust which is established on 1st October 2006 by the 2006 Establishment Order; and
“transferee B” means the West Kent Primary Care Trust which is established on 1st October 2006 by the 2006 Establishment Order.
.
2
After article 2 of the Amendment Order, there is inserted —
Provision for continuity in the exercise of functions in respect of Area A
3
1
Anything done before 1st October 2006 by or in relation to the trust in respect of area A shall be treated on and after that date as if done by or in relation to transferee A.
2
The reference in paragraph (1) to anything done by or in relation to the trust includes without limitation any applications made, any authorisations, directions or notices given, and any complaints made, to, by or in relation to the trust.
3
Any instrument made by the trust in relation to Area A continues in force in relation to transferee A in accordance with its terms until it is varied or revoked by transferee A.
4
Any form supplied by the trust in relation to Area A continues to be a valid form in relation to transferee A until it is cancelled or withdrawn by transferee A, as if any reference contained in that form to the trust were a reference to transferee A.
5
So far as is necessary or appropriate, a reference in an agreement or other instrument to the trust shall, so far as it relates to Area A, be treated on and after the operational date as a reference to transferee A.
6
If there is any doubt as to whether anything done before 1st October 2006 by or in relation to the trust was done in respect of Area A or not, the trust and transferee A shall resolve the doubt between themselves.
7
If the trust and transferee A are unable to resolve the doubt referred to in paragraph (6), the South East Coast Strategic Health Authority shall resolve it.
8
This article is subject to article 10.
Provision for continuity in the exercise of functions in respect of Area B
4
1
Anything done before 1st October 2006 by or in relation to the trust in respect of area B shall be treated on and after that date as if done by or in relation to transferee B.
2
The reference in paragraph (1) to anything done by or in relation to the trust includes without limitation any applications made, any authorisations, directions or notices given, and any complaints made, to, by or in relation to the trust.
3
Any instrument made by the trust in relation to Area B continues in force in relation to transferee B in accordance with its terms until it is varied or revoked by transferee B.
4
Any form supplied by the trust in relation to Area B continues to be a valid form in relation to transferee B until it is cancelled or withdrawn by transferee B, as if any reference contained in that form to the trust were a reference to transferee B.
5
So far as is necessary or appropriate, a reference in an agreement or other instrument to the trust shall, so far as it relates to Area B, be treated on and after the operational date as a reference to transferee B.
6
If there is any doubt as to whether anything done before 1st October 2006 by or in relation to the trust was done in respect of Area B or not, the trust and transferee B shall resolve the doubt between themselves.
7
If the trust and transferee B are unable to resolve the doubt referred to in paragraph (6), the South East Coast Strategic Health Authority shall resolve it.
8
This article is subject to article 10.
Allocation of practitioners to lists – performers lists
5
Article 9 applies to a practitioner whose name was included in the trust’s performers list immediately before 1st October 2006.
Allocation of practitioners to lists – ophthalmic, pharmaceutical and dispensing doctor lists
6
1
Paragraph (3) applies to a practitioner whose name was included in the trust’s ophthalmic list or pharmaceutical list immediately before 1st October 2006 —
a
who undertakes to provide general ophthalmic services or pharmaceutical services, as the case may be, from premises in Area A; or
b
in the case of a mobile ophthalmic practice, who regularly provides mobile ophthalmic services at premises in Area A.
2
Paragraph (3) applies to a practitioner whose name was included in the trust’s dispensing doctor list immediately before 1st October 2006 and who has premises approval under Part 5 (Provision of Pharmaceutical Services by Doctors) of the National Health Service (Pharmaceutical Services) Regulations 2005 in relation to premises in Area A.
3
Where this paragraph applies, the practitioner’s name shall be —
a
included in transferee A’s ophthalmic, pharmaceutical or dispensing doctor list, as the case may be; or
b
if, by virtue of article 8 of the 2006 Establishment Order, his name is already included in transferee A’s ophthalmic, pharmaceutical or dispensing doctor list, his entry in that list shall be amended as necessary.
4
Paragraph (6) applies to a practitioner —
a
whose name was included in the trust’s ophthalmic list or pharmaceutical list immediately before 1st October 2006;
b
who undertakes to provide general ophthalmic services or pharmaceutical services, as the case may be, from premises in Area B; or
c
in the case of a mobile ophthalmic practice, who regularly provides mobile ophthalmic services at premises in Area B.
5
Paragraph (6) applies to a practitioner whose name was included in the trust’s dispensing doctor list immediately before 1st October 2006 and who has premises approval under Part 5 (Provision of Pharmaceutical Services by Doctors) of the National Health Service (Pharmaceutical Services) Regulations 2005 in relation to premises in Area B.
6
Where this paragraph applies, the practitioner’s name shall be —
a
included in transferee B’s ophthalmic, pharmaceutical or dispensing doctor list, as the case may be; or
b
if, by virtue of article 8 of the 2006 Establishment Order, his name is already included in transferee B’s ophthalmic, pharmaceutical or dispensing doctor list, his entry in that list shall be amended as necessary.
7
Where paragraph (3) or (6) applies in relation to a practitioner whose name is included in an ophthalmic list, if the practitioner does not provide general ophthalmic services from, or does not regularly provide mobile ophthalmic services at, premises in the county of Medway, his name shall be removed from the trust’s ophthalmic list.
8
Where paragraph (3) or (6) applies in relation to a practitioner whose name is included in a pharmaceutical list, if the practitioner does not provide general pharmaceutical services from premises in the county of Medway, his name shall be removed from the trust’s pharmaceutical list.
9
Where paragraph (3) or (6) applies in relation to a practitioner whose name is included in a dispensing doctor list, if the practitioner does not have premises approval as described in paragraph (2) in relation to premises in the county of Medway, his name shall be removed from the trust’s dispensing doctor list.
Allocation of practitioners to lists – ophthalmic supplementary lists
7
Article 9 applies to a practitioner whose name was included in the trust’s ophthalmic supplementary list immediately before 1st October 2006.
Applications for inclusion in lists
8
1
Paragraph (2) applies in relation to an application to the trust for inclusion in a performers list —
a
which was made before 1st October 2006;
b
in relation to which the person making the application is, or will be, party to a contract for the provision of primary medical services or primary dental services; and
c
which has not been finally determined by the trust by that date.
2
The application shall be determined by whichever of the trust, transferee A or transferee B is, or is to be, party to the contract for primary medical services or primary dental services.
3
In relation to a person who has, before 1st October 2006, made an application to the trust for inclusion in an ophthalmic list, a pharmaceutical list or a dispensing doctor list which has not been finally determined by the trust by that date, the application shall be determined by —
a
transferee A if the premises to which the application relates are in Area A;
b
transferee B if the premises to which the application relates are in Area B; or
c
the trust if the premises to which the application relates are in the county of Medway.
4
In relation to a person who has, before 1st October 2006, made an application to the trust for inclusion in a list to which neither paragraph (1) nor paragraph (3) applies, the application shall be determined by the trust.
Allocation to lists by the transferee and the trust
9
1
Where this article applies, the trust, transferee A and transferee B shall agree between themselves, after considering any representations from the practitioner, as to which of their lists shall include the practitioner’s name.
2
If the trust, transferee A and transferee B are unable to agree in accordance with paragraph (1), the South East Coast Strategic Health Authority shall determine the matter.
Matters consequential on allocation to lists
10
1
In this Order, “ongoing matter” means any matter, question or proceeding in respect of a practitioner in relation to his inclusion in a list under —
a
the National Health Service (General Ophthalmic Services) Regulations 1986 ;
b
the National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005 ;
c
the National Health Service (Performers Lists) Regulations 2004 ;
d
the National Health Service (Pharmaceutical Services) Regulations 2005; or
e
the National Health Service (Service Committees and Tribunal) Regulations 1992
which has not been finally determined or dealt with by the trust before 1st October 2006.
2
The definition of “ongoing matter” in paragraph (1) does not include the functions of a home Primary Care Trust under regulation 69A (Home Primary Care Trusts) of, paragraph 31 of Schedule 1 (Home Primary Care Trusts of bodies corporate) to, and paragraph 18 of Schedule 3 (Home Primary Care Trusts of bodies corporate) to the National Health Service (Pharmaceutical Services) Regulations 2005.
3
In any case where there is an ongoing matter in relation to a practitioner whose name is included, by virtue of articles 5 to 7 or 9, in a list maintained by transferee A —
a
transferee A shall be responsible for dealing with or determining the matter;
b
any acts done by the trust in relation to that matter before the operational date shall, on and after that date, be deemed to have been done by transferee A; and
c
any decision or determination binding on the trust that relates to an ongoing matter shall be binding on transferee A.
4
In any case where there is an ongoing matter in relation to a practitioner whose name is included, by virtue of articles 5 to 7 or 9, in a list maintained by transferee B —
a
transferee B shall be responsible for dealing with or determining the matter;
b
any acts done by the trust in relation to that matter before the operational date shall, on and after that date, be deemed to have been done by transferee B; and
c
any decision or determination binding on the trust that relates to an ongoing matter shall be binding on transferee B.
5
If —
a
a list maintained by the trust contained, in relation to a practitioner whose name was included in the list, any condition or contingent removal, or if the practitioner was suspended from the list; and
b
the practitioner’s name is included, by virtue of articles 5 to 7 or 9, in a list maintained by transferee A;
that condition, contingent removal or suspension shall apply to transferee A’s list in which the practitioner’s name is included.
6
If —
a
a list maintained by the trust contained, in relation to a practitioner whose name was included in the list, any condition or contingent removal, or if the practitioner was suspended from the list; and
b
the practitioner’s name is included, by virtue of articles 5 to 7 or 9, in a list maintained by transferee B;
that condition, contingent removal or suspension shall apply to transferee B’s list in which the practitioner’s name is included.
.
Signed by authority of the Secretary of State for Health
Norman Warner
Minister of State
Department of Health
20th September 2006


text:
1
This Order may be cited as the Mutual Assistance Provisions Order 2006 and comes into force on 1st January 2007.
2
In the definition of the “Mutual Assistance Directive” in section 197(4) of the Finance Act 2003 , for “and 2004/56/ EC ” substitute “, 2004/56/EC , 2004/106/EC and 2006/98/EC .”.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
11th December 2006


text:
Citation and commencement
1
This Order may be cited as the Education (Designated Institutions) (No. 2) Order 2006 and shall come into force on 1st August 2006.
Designation of institutions
2
Guildhall School of Music and Drama, being an institution which appears to the Secretary of State to fall within section 129(2) of the Education Reform Act 1988, is designated as an institution eligible to receive support from funds administered by the Higher Education Funding Council for England .
Bill Rammell
Minister of State
Department for Education and Skills
1st July 2006


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (Amendment) Order 2006 and comes into force on 11th January 2007.
Amendments to existing Designation Orders
2
After article 2(2) of the European Communities (Designation) ( No. 3) Order 2000 , insert —
2A
In paragraph (2), “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006 .
.
3
After article 3(2) of the European Communities (Designation) Order 2002 , insert —
2A
In paragraph (2), “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006 .
.
4
After article 4(2) of the European Communities (Designation) Order 2004 , insert —
2A
In paragraph (2), “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006 .
.
5
After article 3(3) of the European Communities (Designation) Order 2005 , add —
4
In paragraph (3), “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006 .
.
6
After article 4(2) of the European Communities (Designation) (No. 3) Order 2005 , insert —
2A
In paragraph (2) and Schedule 3, “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006 .
.
Meriel McCullagh
Deputy Clerk of the Privy Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Miscellaneous Amendments Relating to Independent Prescribing) Regulations 2006 and shall come into force on 1st May 2006.
2
These Regulations apply in relation to England only.
Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 2000
2
In the National Health Service (Charges for Drugs and Appliances) Regulations 2000 , in regulation 2(1) (interpretation) —
a
for the definition of “independent nurse prescriber” substitute the following definition —
“independent nurse prescriber” means a person —
who is registered in the Nursing and Midwifery Register; and
against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber, a nurse independent prescriber or a nurse independent/supplementary prescriber;
;
b
for the definition of “nurses and midwives' professional registers” substitute the following definition —
“Nursing and Midwifery Register” means the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001 ;
;
c
after the definition of “Patient Group Direction” insert the following definition —
“pharmacist independent prescriber” means a person —
who is registered in the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954 or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976 ; and
against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a pharmacist independent prescriber;
;
d
in the definition of “prescriber” , after “a doctor,” insert “a pharmacist independent prescriber,”;
e
for the definition of “repeatable prescriber” substitute the following definition —
“repeatable prescriber” has the same meaning as in the National Health Service (Pharmaceutical Services) Regulations 2005 ;
; and
f
for the definition of “supplementary prescriber” substitute the following definition —
“supplementary prescriber” means a person —
whose name is registered in —
the Nursing and Midwifery Register,
the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954 ,
the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976 ,
the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to —
chiropodists and podiatrists,
physiotherapists, or
diagnostic or therapeutic radiographers, or
the register of optometrists maintained by the General Optical Council in pursuance of section 7 of the Opticians Act 1989 ; and
against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs and appliances as a supplementary prescriber or, in the case of the Nursing and Midwifery Register, a nurse independent/supplementary prescriber;
.
Amendment of the National Health Service (Pharmaceutical Services) Regulations 2005
3
In the National Health Service (Pharmaceutical Services) Regulations 2005 , in regulation 2(1) (interpretation) —
a
in the definition of “independent nurse prescriber”, for sub-paragraph (b) substitute the following sub-paragraph —
b
against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber, a nurse independent prescriber or a nurse independent/supplementary prescriber;
;
b
after the definition of “pharmacist” insert the following definition —
“pharmacist independent prescriber” means a person —
who is registered in the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954 or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976; and
against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a pharmacist independent prescriber;
;
c
in the definition of “prescriber”, after “dentist,” insert “pharmacist independent prescriber,”;
d
in the definition of “repeatable prescriber”, before paragraph (a) insert the following paragraphs —
za
a pharmacist independent prescriber who —
i
is included in a pharmaceutical list, and —
aa
with whom a Primary Care Trust has made an arrangement for the provision of a directed service which is an Independent Prescribing Service, and
bb
who is issuing or creating a repeatable prescription as part of that arrangement,
ii
is employed or engaged by a person who is included in a pharmaceutical list, and —
aa
a Primary Care Trust has made an arrangement with that person for the provision of a directed service which is an Independent Prescribing Service, and
bb
the pharmacist independent prescriber is issuing or creating a repeatable prescription as part of that arrangement,
iii
is a party to an LPS scheme or LPS arrangements, and —
aa
with whom a Primary Care Trust has made an arrangement for the provision of an Independent Prescribing Service, and
bb
who is issuing or creating a repeatable prescription as part of that arrangement, or
iv
is employed or engaged by a party to an LPS scheme or LPS arrangements (other than a Primary Care Trust), and —
aa
a Primary Care Trust has made an arrangement with that party for the provision of an Independent Prescribing Service, and
bb
the pharmacist independent prescriber is issuing or creating a repeatable prescription as part of that arrangement;
; and
e
for the definition of “supplementary prescriber” substitute the following definition —
“supplementary prescriber” means a person —
whose name is registered in —
the Nursing and Midwifery Register,
the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954,
the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976,
the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to —
chiropodists and podiatrists,
physiotherapists, or
diagnostic or therapeutic radiographers, or
the register of optometrists maintained by the General Optical Council in pursuance of section 7 of the Opticians Act 1989; and
against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs and appliances as a supplementary prescriber or, in the case of the Nursing and Midwifery Register, a nurse independent/supplementary prescriber;
.
Amendment of the National Health Service (Local Pharmaceutical Services etc. ) Regulations 2006
4
In the National Health Service (Local Pharmaceutical Services etc.) Regulations 2006 , in regulation 2(1) (interpretation) —
a
For the definition of “independent nurse prescriber” substitute the following definition —
“independent nurse prescriber” means a person —
who is registered in the Nursing and Midwifery Register; and
against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber, a nurse independent prescriber or a nurse independent/supplementary prescriber;
; and
b
in paragraph (b) of the definition of “supplementary prescriber”, after “supplementary prescriber” insert “or, in the case of the Nursing and Midwifery Register, a nurse independent/supplementary prescriber”.
Signed by authority of the Secretary of State for Health
Jane Kennedy
Minister of State,
Department of Health
23rd March 2006


text:
Citation and commencement
1
This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) Order 2006 and shall come into force on 10th June 2006.
Interpretation
2
In this Order “relevant authorities” shall be construed in accordance with section 6 of the Fire (Scotland) Act 2005 .
Specification of functions
3
The functions exercisable by the Scottish Ministers under section 47(1)(a) and (b) of the Fire (Scotland) Act 2005 (requirements concerning equipment and services), in so far as those functions may be exercised by Scottish Ministers to enter into a contract for the provision of a radio system for relevant authorities, are hereby specified for the purposes of section 93(1) of the Scotland Act 1998.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Value Added Tax (Treatment of Transactions and Special Provisions) (Amendment) Order 2006 and comes into force on 1st September 2006.
2
1
In article 3(1) of the Value Added Tax (Treatment of Transactions) Order 1995 , omit “and paragraph 1(a) or (c) (as the case may require) and paragraphs 2 and 3 of Article 682 of Commission Regulation ( EEC ) No 2454/93 ”.
2
In article 3(2) of that Order, after “paragraph (3)” insert “and article 4”.
3
After article 3 of that Order, insert —
4
1
Article 3(1) does not apply where —
a
any goods falling within paragraph (2) are sold by auction at a time when they are subject to the procedure specified in paragraph (3), and
b
arrangements made by or on behalf of the purchaser of the goods following the sale by auction result in the importation of the goods from a place outside the member States.
(See section 21(2A) of the Value Added Tax Act 1994 .)
2
The goods that fall within this paragraph are —
a
any work of art;
b
any antique, not falling within sub-paragraph (a) or (c), that is more than one hundred years old;
c
any collection or collector’s piece that is of zoological, botanical, mineralogical, anatomical, historical, archaeological, palaeontological, ethnographic, numismatic or philatelic interest.
(See sections 21(5) to 21(6C) of the Value Added Tax Act 1994 .)
3
That procedure is the customs procedure for temporary importation with total relief from import duties provided for in Articles 137 to 141 of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code .
(See section 21(2B) of the Value Added Tax Act 1994.)
.
3
1
In article 2(1) of the Value Added Tax (Special Provisions) Order 1995 , for “Merchant Shipping (Registration, etc ) Act 1993 ” substitute “Merchant Shipping Act 1995 ”.
2
In article 12(3)(b) of that Order, after “himself” insert —
, which includes – if the taxable person is an auctioneer – the auctioneer having placed them in the customs procedure for temporary importation with total relief from import duties provided for in Articles 137 to 141 of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code
.
3
In article 12(5)(a)(iv) of that Order, after “himself” insert —
, which includes – if the taxable person is an auctioneer – the auctioneer having placed them in the customs procedure for temporary importation with total relief from import duties mentioned in article 12(3)(b)
.
Claire Ward
Kevin Brennan
Two of the Lords Commissioners of Her Majesty’s Treasury
9th August 2006


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 and shall come into force on 21st December 2006.
2
In these Regulations —
“the 1971 Act ” means the Immigration Act 1971 ;
“the 1981 Act ” means the British Nationality Act 1981 ;
“the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002;
“appropriate authority” means the authority to whom an application for a certificate of entitlement must be made, as determined in accordance with regulation 3;
“certificate of entitlement” means a certificate, issued in accordance with these Regulations, that a person has the right of abode in the United Kingdom;
“ Governor ”, in relation to a territory, includes the officer for the time being administering the government of that territory;
“ High Commissioner ” means, in relation to a country mentioned in Schedule 3 to the 1981 Act , the High Commissioner for Her Majesty’s Government in the United Kingdom appointed to that country, and includes the acting High Commissioner; and
“passport” includes a document which relates to a national of a country other than the United Kingdom and which is designed to serve the same purpose as a passport.
Authority to whom an application must be made
3
An application for a certificate of entitlement must be made —
a
if the applicant is in the United Kingdom, to the Secretary of State for the Home Department;
b
if the applicant is in any of the Channel Islands or the Isle of Man, to the Lieutenant-Governor;
c
if the applicant is in a British overseas territory, to the Governor;
d
if the applicant is in a country mentioned in Schedule 3 to the 1981 Act, to the High Commissioner, or, if there is no High Commissioner, to the Secretary of State for the Home Department; and
e
if the applicant is elsewhere, to any consular officer, any established officer in the Diplomatic Service of Her Majesty’s Government in the United Kingdom or any other person authorised by the Secretary of State in that behalf.
Form of application
4
An application for a certificate of entitlement must be accompanied by —
a
the applicant’s passport or travel document;
b
two photographs of the applicant taken no more than 6 months prior to making the application; and
c
the additional documents which are specified in the right-hand column of the Schedule in respect of an application of a description specified in the corresponding entry in the left-hand column.
5
A passport produced by or on behalf of a person is valid for the purposes of regulation 4 if it —
a
relates to the person by whom or on whose behalf it is produced;
b
has not been altered otherwise than by or with the permission of the authority who issued it; and
c
was not obtained by deception.
Issue of certificate of entitlement
6
A certificate of entitlement will only be issued where the appropriate authority is satisfied that the applicant —
a
has a right of abode in the United Kingdom under section 2(1) of the 1971 Act ;
b
is not a person who holds:
i
a United Kingdom passport describing him as a British citizen,
ii
a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom,
iii
an ID card issued under the Identity Cards Act 2006 describing him as a British citizen, or
iv
an ID card issued under that Act describing him as a British subject with the right of abode in the United Kingdom;
c
is not a person whose exercise of his right of abode is restricted under section 2 of the Immigration Act 1988 (restrictions on exercise of right of abode in cases of polygamy); and
d
is not a person who is deprived of his right of abode by an order under section 2A of the 1971 Act .
7
A certificate of entitlement is to be issued by means of being affixed to the passport or travel document of the applicant.
Expiry and revocation of certificate of entitlement
8
A certificate of entitlement shall cease to have effect on the expiry of the passport or travel document to which it is affixed.
9
A certificate of entitlement may be revoked by the Secretary of State for the Home Department, an immigration officer, a consular officer or a person responsible for the grant or refusal of entry clearance, where the person who revokes the certificate is satisfied that the person in possession of the certificate (whether or not this is the person to whom the certificate was issued) —
a
does not have the right of abode in the United Kingdom under section 2(1) of the 1971 Act;
b
is the holder of:
i
a United Kingdom passport describing him as a British citizen,
ii
a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom,
iii
an ID card issued under the Identity Cards Act 2006 describing him as a British citizen, or
iv
an ID card issued under that Act describing him as a British subject with the right of abode in the United Kingdom;
c
is a person whose exercise of his right of abode is restricted under section 2 of the Immigration Act 1988; or
d
is a person who is deprived of his right of abode by an order under section 2A of the 1971 Act.
Savings
10
The effect of a certificate described in section 10(6) of the 2002 Act is that it will cease to have effect on the expiry of the passport or travel document to which it is affixed.
Liam Byrne
Minister of State
Home Office
23rd November 2006


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No. 2) Regulations 2006 and shall come into force on 5th April 2006.
Amendment of the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2006
2
In Regulation 4 of the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2006 (transitional provision), “(2) and (4)” shall be omitted.
Signed by authority of the Secretary of State for Work and Pensions.
Margaret Hodge
Minister of State,
Department for Work and Pensions
15th March 2006


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Spectrum Trading) (Amendment) Regulations 2006 and shall come into force on 10th March 2006.
Amendment of the Wireless Telegraphy (Spectrum Trading) Regulations 2004
2
The Wireless Telegraphy (Spectrum Trading) Regulations 2004 are amended as follows —
a
at the end of regulation 4 (transfer of all rights and obligations arising by virtue of a wireless telegraphy licence) add the following paragraph —
3
Paragraph (1) shall apply to wireless telegraphy licences within the licence classes specified in Column 1 of each of Parts 1 to 6 of the Schedule which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of the same Part.
;
b
for regulation 5 substitute the following regulation —
5
Subject to regulation 7, a transfer by the holder of a wireless telegraphy licence within the licence class specified in Column 1 of Part 7 of the Schedule which applies to stations or apparatus operating within either of the frequency bands specified in Column 2 of the same Part, of all of the rights and obligations arising by virtue of that wireless telegraphy licence, is authorised if the rights and obligations of the person making the transfer become rights and obligations of a single transferee to the exclusion of the person making the transfer.
;
c
in regulation 7 (circumstances in which a transfer is not authorised) —
i
in paragraph (b) for “Wireless Telegraphy (Licence Charges) Regulations 2002” substitute “Wireless Telegraphy (Licence Charges) Regulations 2005” ;
ii
in paragraph (c) for “under regulation 4(8)(b) of the Wireless Telegraphy (Licence Charges) Regulations 2002” substitute “under regulation 4(7)(b) of the Wireless Telegraphy (Licence Charges) Regulations 2005”;
d
in regulation 8 (transfer procedure), in paragraph (1) —
i
for “authorised by regulations 4(1) or 6” substitute “authorised by regulation 4(1), 5 or 6”;
ii
in sub-paragraph (d) for “authorised by regulation 4(1) or regulation 6” substitute “authorised by regulation 4(1), 5 or 6”; and
e
in the Schedule, after Part 6 add the following Part —
PART 7
Column 1 Column 2
Licence Class Frequency Band Concurrent Spectrum Access 1781.7 MHz to 1785.0 MHz 1876.7 MHz to 1880.0 MHz
.
Stephen Carter
Chief Executive of the Office of Communications For and by authority of the Office of Communications
14th February 2006


text:
Citation
1
This Order may be cited as the Lowick Church of England Voluntary Controlled First School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The Lowick Church of England Voluntary Controlled First School, Main Street, Lowick, Northumberland, TD15 2UA, a voluntary controlled 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
12th July 2006