type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005 and shall come into force on 1st August 2005.
2
In these Regulations —
“the Principal Regulations ” means the Education (Change of Category of Maintained Schools) (England) Regulations 2000 ; and
“the 1998 Act ” means the School Standards and Framework Act 1998.
Amendment of the Principal Regulations
2
The Principal Regulations shall be further amended as follows.
3
In regulation 2(1) —
1
after the definition “the Act” there shall be inserted the definition ““the alternative modified Schedule 6 to the Act ” means that Schedule as it has effect with modifications by virtue of Schedule 2A to these Regulations”;
2
in the definition of “the implementation date”, after the words “modified Schedule 6 to the Act” in the second place it appears there shall be inserted “or the date determined by the governing body under the alternative modified Schedule 6 to the Act”; and
3
at the end of the definition of “proposals” there shall be added “or by a governing body under paragraph 5 of the alternative modified Schedule 6 to the Act.”
4
In regulation 4(1), for “Where” there shall be substituted “Except where paragraph (3) applies, where — ”.
5
After regulation 4(2) there shall be inserted —
3
Subject to paragraph (5), where a governing body propose under paragraph 2 of Schedule 8 to the Act that either a community secondary, or a voluntary controlled secondary school should become a foundation secondary school, sections 28(3), 28(5), 28(6) and 28(8) of and Part I of Schedule 6 to the Act shall apply to the proposals published under paragraph 2 of Schedule 8 of the Act and shall do so with the modifications set out in Schedule 2A.
4
The provisions of section 28 of and Part I of Schedule 6 to the Act so applied are set out as modified in Schedule 2B.
5
If at the time when the proposals are published, sections 15 or 17 of, or section 51 of or Schedule 15 to the Act apply to the school, paragraph (3) shall not apply and accordingly paragraph (1) shall apply.
6
In regulation 11(2) in sub-paragraph (b), after the words “modified Schedule 6 to the Act,” insert —
or on the date the governing body determine to implement proposals under paragraph 4 of the alternative modified Schedule 6 to the Act
.
7
After Schedule 2, there shall be inserted the following Schedules —
“SCHEDULE 2A
PROVISIONS OF SECTION 28 OF, AND SCHEDULE 6 TO THE ACT HAVING EFFECT IN RELATION TO PROPOSALS MENTIONED IN REGULATION 4(3)
Regulation 4(3)
The subsections of section 28 of, and the paragraphs in Part 1 of Schedule 6 to, the Act specified in the left hand column of the table below shall have effect in relation to proposals mentioned in regulation 4 with the modifications specified in the right hand column of the table.
Provision Modification
Section 28(3)
That subsection shall have the effect as if —
for “under this section” there were substituted “under paragraph 2 of Schedule 8”; and
for sub-paragraphs (a) and (b) and the words “as may be prescribed.” there were substituted —
a
contain the following information —
i
the name of the school for which the governing body are publishing the proposal;
ii
the proposed implementation date;
iii
the relevant contact name (if any) and address of the school’s governing body to where any objections or comments may be sent and the date by which they should be sent;
iv
a statement that it is proposed to change the category of the school (stating the current category of school) to a foundation school;
v
statement that the school will —
aa
have or continue to have a foundation established otherwise than under this Act and if it will, the identity of that foundation, or
bb
belong or continue to belong to a group of schools for which a foundation body acts and if it does, the identity of that body and the identity of the other schools in the group for which the body performs or will perform the functions set out in section 21(4), or
cc
be a foundation school not falling within either of sub-paragraphs (v)(aa) or (bb) above;
vi
details of any trusts on which the school premises are held or it is proposed will be held or any proposed trusts on which it is proposed the school premises will be held;
vii
details of the body or authority to whom, on the date on which it is proposed that the school change category, it is proposed that land should be transferred in accordance with regulations made under paragraph 5 of Schedule 8;
viii
aa
the name of any person who is entitled to appoint the foundation governors and, if there is more than one such person, the basis upon which such appointments are made,
bb
details of any foundation governorship to be held ex offico by the holder of a named office, and
cc
the name of any person who is entitled to request the removal of any ex officio foundation governor and to appoint any substitute governor;
ix
where the school is to be a foundation school which has a religious character, a description of the religious ethos of the school; and
b
shall be published —
i
by being posted in a conspicuous place in the area served by the school;
ii
in at least one newspaper circulating in the area served by the school; and
iii
by being posted at or near the main entrance to the school, or if there is more than one main entrance, all of them.
Section 28(5) That subsection shall have the effect as if for “under this section” there were substituted “under paragraph 2 of Schedule 8”, and for the words “relevant body or promoters” in each of the places these words occur there were substituted “governing body”. Section 28(6)
That subsection shall have effect as if the following were substituted —
6
The governing body shall send at the time of publication a copy of the published proposals to the Secretary of State and to the local education authority.
Section 28(8)
That subsection shall have effect as if the following were substituted —
8
Schedule 6 as modified shall have effect in relation to the procedure for dealing with proposals under paragraph 2 of Schedule 8.
Schedule 6 Paragraph 1
That paragraph shall have effect as if —
in sub-paragraph (1) for “section 28, 29 or 31” there were substituted “paragraph 2 of Schedule 8” and the words “or proposed school” were omitted; and
sub-paragraph (2) were omitted.
Schedule 6 Paragraph 2
That paragraph shall have effect as if —
in sub-paragraph (1) for “section 28, 29 or 31” there were substituted “paragraph 2 of Schedule 8”;
for sub-paragraph (2) there were substituted —
2
Any objections or comments made under this paragraph shall be sent to the name (if any) and address of the governing body given in the notice published under section 28(3) within 4 weeks from the date of the publication of the proposals.
sub-paragraph (3) were omitted.
Schedule 6 Paragraph 4
That paragraph shall have effect as if —
in the heading, for “ LEA ” there were substituted “governing body”.
for sub-paragraph (1) there were substituted —
1
Where any proposals have been published by a governing body under paragraph 2 of Schedule 8 then (subject to sub- paragraph (2)) that governing body shall after considering all objections and comments which are received on or before the period referred to in paragraph 2(2), determine whether the proposals shall be implemented.
for sub-paragraph (2) there were substituted —
2
Any determination under sub-paragraph (1) must be made within the period of six months beginning with the date of publication of the proposals, and the governing body shall notify the Secretary of State and the local education authority of any determination made by them under sub-paragraph (1).
sub-paragraphs (3), (4), (4A) and (5) were omitted.
Schedule 6 Paragraph 5
That paragraph shall have effect as if it were omitted and the following were substituted —
5
1
Where the governing body have determined under paragraph 4 to implement any proposals published under paragraph 2 of Schedule 8, then (subject to sub-paragraph (2)), the proposals shall be implemented, in the form in which they were so determined in accordance with regulations made under paragraph 5 of Schedule 8.
2
The governing body may modify the implementation date in respect of the proposals after consulting the relevant local education authority.“
8
In Schedule 6 —
1
in paragraph 3(1) before the words “to implement any such proposals”, insert —
or a governing body have determined under paragraph 4 of the alternative modified Schedule 6 to the Act.
2
in paragraph 8(2) for the words “the governing body” there shall be substituted the following —
a
the trustees of the school, to be held by them on trust for the purposes of the school; or
b
if the school has no trustees, the governing body.
3
In paragraph 10(1), at the end there shall be added —
or a governing body have determined under paragraph 4 of the alternative modified Schedule 6 to the Act to implement any such proposals.
4
In paragraph 10(2) for the words “the governing body” there shall be substituted the following —
a
the trustees of the school, to be held by them on trust for the purposes of the school; or
b
if the school has no trustees, the governing body.
5
In paragraph 16(3) —
a
in sub-paragraph (e) the word “or” shall be omitted;
b
at the end of sub-paragraph (f) for the full stop, there shall be substituted “; or”; and
c
after sub-paragraph (f), there shall be added —
g
if the governing body decide not to implement proposals initiated pursuant to regulation 4(3).
6
In paragraph 17(3) after the words “are approved”, there shall be substituted —
or have been determined by the governing body (as the case may be)
.
7
in paragraph 18(2)(a) after the words “are approved”, there shall be substituted —
or have been determined by a governing body (as the case may be)
.
Transitional Provisions
9
Regulations 1 to 8 shall not have effect in relation to any proposals published under paragraph 2 of Schedule 8 to the 1998 Act before 15th July 2005.
Revocation
10
Regulation 20(3) of the Principal Regulations is revoked.
SCHEDULE 2B
PROVISIONS OF SECTION 28 OF, AND PART 1 TO, SCHEDULE 6 TO THE ACT APPLIED BY SCHEDULE 2A, AS MODIFIED
Regulation 4(4)
Section 28
3
Proposals under paragraph 2 of Schedule 8 shall —
a
contain the following information —
i
the name of the school for which the governing body are publishing the proposal;
ii
the proposed implementation date;
iii
the relevant contact name (if any) and address of the school’s governing body to where any objections or comments may be sent and the date by which they should be sent;
iv
a statement that it is proposed to change the category of the school (stating the current category of school) to a foundation school;
v
a statement that the school will —
aa
have or continue to have a foundation established otherwise than under this Act and if it will, the identity of that foundation, or
bb
belong or continue to belong to a group of schools for which a foundation body acts and if it does, the identity of that body and the identity of the other schools in the group for which the body performs or will perform the functions set out in 21(4), or
cc
be a foundation school not falling within either of sub-paragraphs (v)(aa) or (bb) above;
vi
details of any trusts on which the school premises are held or it is proposed will be held or any proposed trusts on which it is proposed the school premises will be held;
vii
details of the body or authority to whom, on the date on which it is proposed that the school change category, it is proposed that land should be transferred in accordance with regulations made under paragraph 5 of Schedule 8;
viii
aa
the name of any person who is entitled to appoint the foundation governors and, if there is more than one such person, the basis upon which such appointments are made,
bb
details of any foundation governorship to be held ex officio by the holder of a named office, and
cc
the name of any person who is entitled to request the removal of any ex officio foundation governor and to appoint any substitute governor;
ix
where the school is to be a foundation school which has a religious character, a description of the religious ethos of the school; and
b
shall be published —
i
by being posted in a conspicuous place in the area served by the school;
ii
in at least one newspaper circulating in the area served by the school; and
iii
by being posted at or near the main entrance to the school or, if there is more than one main entrance, all of them.
5
Before publishing any proposals under paragraph 2 of Schedule 8, the governing body shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the governing body shall have regard to any guidance given from time to time by the Secretary of State.
6
The governing body shall send at the time of publication a copy of the published proposals to the Secretary of State and to the local education authority.
8
Schedule 6 as modified shall have effect in relation to the procedure for dealing with proposals under paragraph 2 of Schedule 8.
Schedule 6
Application of Part 1
1
1
This Part of this Schedule applies to proposals published under paragraph 2 of Schedule 8 which relate to a school in England.
Objections
2
1
Any person may make objections to or comments on any proposals published under paragraph 2 of Schedule 8.
2
Any objections or comments made under this paragraph shall be sent to the name (if any) and address of the governing body given in the notice published under section 28(3) within 4 weeks from the date of the publication of the proposals.
Determination by governing body whether to implement proposals
4
1
Where any proposals have been published by a governing body under paragraph 2 of Schedule 8 then (subject to sub-paragraph (2)) that governing body shall after considering all objections and comments which are received on or before the date referred to in paragraph 2(2), determine whether the proposals shall be implemented.
2
Any determination under sub-paragraph (1) must be made within the period of six months beginning with the date of publication of the proposals; and the governing body shall notify the Secretary of State and the local education authority of any determination made by them under sub-paragraph (1).
Requirement to implement proposals
5
1
Where the governing body have determined under paragraph 4 to implement any proposals published under paragraph 2 of Schedule 8, then (subject to sub-paragraph (2)), the proposals shall be implemented, in the form in which they were so determined in accordance with regulations made under paragraph 5 of Schedule 8.
2
The governing body may modify the implementation date in respect of the proposals after consulting the relevant local education authority.
Jacqui Smith
Minister of State
Department for Education and Skills
29th June 2005


text:
Citation and commencement
1
1
These Regulations may be cited as the Statutory Maternity Pay (General) and Statutory Sick Pay (General) (Amendment) Regulations 2005.
2
With the exception of regulations 2(3) and 3(3), which shall come into force immediately before the coming into force of section 9(4) of the National Insurance Contributions and Statutory Payments Act 2004, this instrument shall come into force on 6th April 2005.
Amendment of the Statutory Maternity Pay (General) Regulations 1986
2
1
The Statutory Maternity Pay (General) Regulations 1986 shall be amended as follows.
2
After regulation 26 (records to be maintained by employers) insert —
Production of employer’s records
26A
1
An authorised officer of the Commissioners of Inland Revenue may by notice require an employer to produce to him at the place of keeping such records as are in the employer’s possession or power and as (in the officer’s reasonable opinion) contain, or may contain, information relevant to satisfy him that statutory maternity pay has been paid and is being paid in accordance with these regulations to employees or former employees who are entitled to it.
2
A notice referred to in paragraph (1) shall be in writing and the employer shall produce the records referred to in that paragraph within 30 days after the date of such a notice.
3
The production of records in pursuance of this regulation shall be without prejudice to any lien which a third party may have in respect of those records.
4
References in this regulation to “records” means —
a
any wage sheet or deductions working sheet; or
b
any other document which relates to the calculation or payment of statutory maternity pay to his employees or former employees,
whether kept in written form, electronically, or otherwise.
5
In paragraph (1), “place of keeping” means such place in Great Britain that an employer and an authorised officer may agree upon, or, in the absence of such agreement —
a
any place in Great Britain where records referred to in paragraph (1) are normally kept; or
b
if there is no such place, the employer’s principal place of business in Great Britain.
.
3
Regulation 32 (offences) is revoked.
Amendment of the Statutory Sick Pay (General) Regulations 1982
3
1
The Statutory Sick Pay (General) Regulations 1982 shall be amended as follows.
2
After regulation 13 (records to be maintained by employers) insert —
Production of employer’s records
13A
1
An authorised officer of the Commissioners of Inland Revenue may by notice require an employer to produce to him at the place of keeping such records as are in the employer’s possession or power and as (in the officer’s reasonable opinion) contain, or may contain, information relevant to satisfy him that statutory sick pay has been paid and is being paid in accordance with these regulations to employees or former employees who are entitled to it.
2
A notice referred to in paragraph (1) shall be in writing and the employer shall produce the records referred to in that paragraph within 30 days after the date of such a notice.
3
The production of records in pursuance of this regulation shall be without prejudice to any lien which a third party may have in respect of those records.
4
References in this regulation to “records” means —
a
any wage sheet or deductions working sheet; or
b
any other document which relates to the calculation or payment of statutory sick pay to his employees or former employees,
whether kept in written form, electronically, or otherwise.
5
In paragraph (1), “place of keeping” means such place in Great Britain that an employer and an authorised officer may agree upon, or, in the absence of such agreement —
a
any place in Great Britain where records referred to in paragraph (1) are normally kept; or
b
if there is no such place, the employer’s principal place of business in Great Britain.
.
3
Regulation 22 (offences) is revoked.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
24th March 2005
The Commissioners of Inland Revenue concur.
Ann Chant
David Varney
Two of the Commissioners of Inland Revenue
29th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Control of Trade in Endangered Species (Enforcement) (Amendment) Regulations 2005 and shall come into force on 21st July 2005.
Interpretation
2
In these Regulations, “the 1997 Regulations ” means the Control of Trade in Endangered Species (Enforcement) Regulations 1997 .
Amendment of the 1997 Regulations
3
For regulation 8 of the 1997 Regulations there shall be substituted the following regulation–
8
1
Subject to paragraphs (3) and (4), a person who, contrary to Article 8 of the Principal Regulation, purchases, offers to purchase, acquires for commercial purposes, displays to the public for commercial purposes, uses for commercial gain, sells, keeps for sale, offers for sale or transports for sale any specimen of a species listed in Annex A to the Principal Regulation shall be guilty of an offence.
2
Subject to paragraphs (4) and (5), any person who, contrary to Article 8 of the Principal Regulation, purchases, offers to purchase, acquires for commercial purposes, sells, keeps for sale, offers for sale or transports for sale any specimen of a species listed in Annex B to the Principal Regulation which has been imported or acquired unlawfully shall be guilty of an offence.
3
Paragraph (1) does not apply to anything done under, and in accordance with the terms of, any certificate or general derogation granted pursuant to Article 8 of the Principal Regulation.
4
A person shall not be guilty of an offence under paragraph (1) or (2) if he proves that at the time the alleged offence was committed he had no reason to believe that the specimen was a specimen of a species listed in Annex A, or as the case may be Annex B.
5
A person shall not be guilty of an offence under paragraph (2) if he proves –
a
that at the time when the specimen first came into his possession he made such enquiries (if any) as in the circumstances were reasonable in order to ascertain whether it was imported or acquired unlawfully; and
b
that at the time the alleged offence was committed, he had no reason to believe that the specimen was imported or acquired unlawfully.
6
Without prejudice to the generality of paragraph (5) above, a person shall be taken to have made such enquiries as are mentioned there if he produces to the court a statement which was furnished by the person from whom he obtained possession of the specimen (“the supplier”), which was signed by the supplier or by a person authorised by him, and which states that —
a
the supplier made enquiries at the time the specimen came into his possession in order to ascertain whether it was a specimen which had been imported or acquired unlawfully; and
b
the supplier had no reason to believe at the time he relinquished possession of the specimen to the accused that the article was at that time a specimen which had been imported or acquired lawfully.
7
A person who furnishes, for the purposes of paragraph (6) above, a statement which he knows to be false in a material particular, or recklessly furnishes for those purposes a certificate which is false in a material particular, shall be guilty of an offence.
8
A person shall be guilty of an offence under paragraph (1) or (2) above shall be liable–
a
on summary conviction, to a fine not exceeding level 5 on the standard scale or to a term of imprisonment not exceeding six months, or to both; and
b
on conviction on indictment, to a term of imprisonment not exceeding five years or to a fine, or to both.
9
A person guilty of an offence under paragraph (7) above shall be liable –
a
on summary conviction, to a fine not exceeding level 5 on the standard scale or a term of imprisonment not exceeding six months, or to both; and
b
on conviction on indictment, to a term of imprisonment not exceeding two years or to a fine, or to both.
Jim Knight
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
24th June 2005


text:
Citation and commencement
1
These Regulations may be cited as the Community Legal Service (Asylum and Immigration Appeals) Regulations 2005 and shall come into force on 4th April 2005.
Scope of these Regulations
2
These Regulations have effect only in relation to appeals decided in England and Wales.
Interpretation
3
1
In these Regulations —
“the 1999 Act ” means the Access to Justice Act 1999 ;
“the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002;
“the 2004 Act ” means the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 ;
“business day” means any day other than a Saturday or Sunday, a bank holiday, Christmas Day, 27th to 31st December or Good Friday;
“ Commission ” means the Legal Services Commission established under section 1 of the 1999 Act;
“contract” means a contract between the Commission and a supplier under section 6(3)(a) of the 1999 Act;
“counsel” means a barrister in independent practice;
“fast track proceedings” means any immigration review proceedings in relation to which, pursuant to an order under section 26(8) of the 2004 Act, the time period for making an application under section 103A(1) of the 2002 Act is a period of less than 5 days;
“Funding Code” means the code approved under section 9 of the 1999 Act;
“immigration review proceedings” means —
applications to the High Court under section 103A of the 2002 Act (including applications which are considered by a member of the Tribunal pursuant to paragraph 30 of Schedule 2 to the 2004 Act); and
proceedings for the reconsideration of an appeal by the Tribunal pursuant to an order under section 103A of the 2002 Act;
“Legal Representation” has the meaning given in the Funding Code;
“section 103D order” means an order under section 103D(1) or 103D(3) of the 2002 Act;
“supplier” means a solicitor or other person who is an authorised litigator within the meaning of section 119(1) of the Courts and Legal Services Act 1990 , having a contract for the provision of services including Legal Representation in immigration review proceedings;
“Tribunal” means the Asylum and Immigration Tribunal.
2
References to a section by number alone refer to the section so numbered in the 2002 Act.
General restrictions on power to make section 103D orders
4
1
The High Court or the Tribunal shall only make a section 103D order in immigration review proceedings where an appellant is represented by a supplier acting pursuant to a grant of Legal Representation.
2
The High Court or the Tribunal shall not make a section 103D order in fast track proceedings.
3
Regulations 5 to 8 apply in relation to immigration review proceedings in which the High Court or the Tribunal has power, under section 103D(1)-(3) and this regulation, to make a section 103D order.
Criteria for making orders under section 103D(1)
5
1
The appropriate court must exercise the power to make an order under section 103D(1) in accordance with this regulation.
2
If, upon a section 103A application, the appropriate court makes an order for reconsideration, subject to paragraph (5) it must not make an order under section 103D(1).
3
If the High Court makes a reference under section 103C of the 2002 Act, it must make an order under section 103D(1).
4
If the appropriate court dismisses or makes no order on the section 103A application, it may make an order under section 103D(1) only if–
a
there has been a change in any relevant circumstances or a change in the law since the application was made; and
b
at the time when the application was made, there was a significant prospect that the appeal would be allowed upon reconsideration.
5
The appropriate court may, on an application in writing by a supplier or counsel instructed by the supplier, make an order under section 103D(1) where it has made an order for reconsideration, but no reconsideration of the appeal takes place.
6
In this regulation, “the appropriate court” means–
a
the High Court; or
b
a member of the Tribunal who considers a section 103A application by virtue of paragraph 30 of Schedule 2 to the 2004 Act.
Criteria for making orders under section 103D(3)
6
1
The Tribunal must exercise the power to make an order under section 103D(3) in accordance with this regulation.
2
If the Tribunal allows an appeal on reconsideration, it must make an order under section 103D(3).
3
If the Tribunal does not allow an appeal, it must not make an order under section 103D(3) unless it is satisfied that, at the time when the appellant made the section 103A application, there was a significant prospect that the appeal would be allowed upon reconsideration.
4
If, where paragraph (3) applies, the Tribunal decides not to make an order under section 103D(3), it must give reasons for its decision.
Review by Tribunal of decision not to make order under section 103D(3)
7
1
A supplier, or counsel instructed by a supplier, may apply to the Tribunal in writing for a review of a decision by the Tribunal not to make an order under section 103D(3).
2
An application under this regulation must be filed within 10 business days after the supplier is served with the Tribunal’s decision not to make an order, or such longer period as the Tribunal may allow.
3
A review shall be carried out by a senior immigration judge who was not the member of the Tribunal, or a member of the constitution of the Tribunal, which made the original decision.
4
The senior immigration judge may–
a
carry out the review without a hearing; or
b
hold an oral hearing, if one is requested by the supplier or counsel.
5
The senior immigration judge may–
a
make an order under section 103D(3); or
b
confirm the Tribunal’s decision not to make an order.
6
The senior immigration judge must give reasons for his decision on a review.
Terms and effect of section 103D orders
8
1
Subject to paragraph (2), a section 103D order shall have effect as an order for payment of all the costs incurred by a supplier representing the appellant in the proceedings to which the order relates, including the fees of counsel instructed by the supplier, for which payment is allowable under the terms of the contract between the Commission and the supplier.
2
In relation to proceedings in which a supplier has instructed counsel, the High Court or the Tribunal may in special circumstances make a section 103D order–
a
in respect of counsel’s fees only; or
b
in respect of the costs incurred by the supplier excluding counsel’s fees.
3
A section 103D order must not specify–
a
the amount to be paid by the Commission; or
b
the person or persons to whom payment is to be made,
and the Commission shall determine those matters in accordance with the terms of its contract with the supplier.
Modification to the Funding Code, etc.
9
1
Where an appellant applies for Legal Representation to bring immigration review proceedings, the Funding Code shall apply subject to the modifications that–
a
in Section 5 of the Funding Code Criteria, the criteria in section 5.4 (standard criteria for Legal Representation and Support Funding) shall not apply; and
b
in Section 13 of the Funding Code Criteria, sections 13.4 (prospects of success) and 13.5 (cost benefit) shall not apply.
2
Where Legal Representation is granted for immigration review proceedings to be brought by an appellant, the effect of the grant shall be that —
a
the Commission shall, subject to the provisions of its contract with the supplier, pay for–
i
services consisting of advising on the merits of making an application under section 103A; and
ii
any disbursements incurred by the supplier, other than counsel’s fees,
whether or not a section 103D order is made; but
b
otherwise, payment by the Commission for services provided by the supplier, or by counsel instructed by the supplier, shall be conditional upon the High Court or the Tribunal making a section 103D order.
3
Where Legal Representation has been granted for immigration review proceedings to be brought by an appellant, section 10(1) of the 1999 Act shall apply, notwithstanding that payment by the Commission for services is conditional upon a section 103D order being made.
4
This regulation does not apply in relation to fast track proceedings.
Falconer of Thoroton, C.
27th March 2005


text:
Citation and commencement
1
This Order may be cited as The Wanstead High School (Change to School Session Times) Order 2005 and shall come into force on 1st September 2005.
Exemption from the School Sessions Regulations
2
The Changing of School Sessions Times (England) Regulations 1999 shall not apply to the governing body of Wanstead High School of Redbridge Lane West, Wanstead, London E11 2JZ.
Time period
3
This Order shall have effect until 31st December 2005.
Jacqui Smith
Minister of State
Department for Education and Skills
23rd July 2005


text:
1
These Regulations may be cited as the TSE (England) (Amendment) (No.2) Regulations 2005 and shall come into force on 19th October 2005.
2
The TSE (England) Regulations 2002 are amended in accordance with the provisions of these Regulations.
3
In regulation 3(1) (interpretation) —
a
at the end of the definition of “the Community Transitional Measures”, there is added–
g
Regulation ( EC ) No. 932/2005 of the European Parliament and of the Council of 8 June 2005 amending Regulation (EC) No. 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies as regards the extension of the period for transitional measures ;
,
and the word “and” is deleted from the end of sub-paragraph (e), and added to the end of sub-paragraph (f), of that definition;
b
at the end of the definition of “inspector”, there is added–
d
a person appointed as such for the purposes of Article 6 of the Community TSE Regulation and Regulation 10A in relation to a hide market or tannery by the Meat and Livestock Commission established by section 1 of the Agriculture Act 1967 ;
,
and the word “and” is deleted from the end of sub-paragraph (b), and added to the end of the sub-paragraph (c), of that definition;
c
in the definition of “local authority”, for sub-paragraph (b)(ii) there is substituted–
ii
in a non-metropolitan county, the council of that county or the council of a district council within the county area; or
;
d
for the definition of “vertebral column”, there is substituted–
“vertebral column” excludes the vertebrae of the tail, the spinous and transverse processes of the cervical, thoracic and lumbar vertebrae, the median sacral crest and the wings of the sacrum, but includes the dorsal root ganglia;
;
e
for the definition of “young lamb stamp” and the word “and” preceding it, there is substituted–
“young goat stamp” means the stamp described as such in regulation 38(2); and
“young lamb stamp” means the stamp described as such in regulation 38(2).
.
4
After Regulation 10 (notifications), there are inserted the following regulations —
Slaughter of bovine animals over 30 months of age
10A
1
No person shall use a slaughterhouse for the slaughter of a relevant bovine animal unless the occupier of the slaughterhouse has agreed in writing with an OVS the Required Method of Operation in respect of the slaughter of relevant bovine animals at the slaughterhouse in question.
2
Without prejudice to the inclusion in it of other provisions, a relevant agreement shall contain provisions stating how each requirement referred to in Schedule 1A is to apply in respect of the Required Method of Operation at the slaughterhouse in question.
3
A relevant agreement (irrespective of its content) may be suspended or revoked by the OVS by notice in writing served on the occupier if the OVS is of the opinion that it is not being complied with, or that a reasonable proposed alteration of the agreement suggested by him in writing to the occupier has not been accepted by the occupier within 7 days; and if the OVS suspends or revokes the agreement —
a
the occupier may make representations on the suspension or revocation to a person appointed for the purpose by the Secretary of State;
b
the appointed person shall consider the representations and report in writing to the Secretary of State; and
c
the Secretary of State shall give written notification of her final determination and the reasons for it.
4
The occupier of the slaughterhouse shall ensure that the provisions contained in the relevant agreement relating to that slaughterhouse are complied with in relation to each relevant bovine animal slaughtered there.
5
Where a relevant bovine animal has been slaughtered otherwise than in accordance with a relevant agreement, an inspector may give to the occupier of the slaughterhouse in question a direction for the disposal of —
a
the carcase of that relevant bovine animal; and
b
all other parts of the body of that animal including the blood and the hide.
6
Where an inspector gives a direction under paragraph (5), the owner of the carcase shall not be entitled to any compensation under these Regulations in respect of that carcase and the other parts of the body of the animal including the blood and the hide.
7
If a person to whom a direction is given under paragraph (5) fails to comply with the direction, an inspector may arrange for it to be complied with–
a
without prejudice to any proceedings arising out of such default; and
b
at the expense of the person to whom the direction was given.
8
Paragraphs (5) to (7) are without prejudice to paragraph (3) or to any proceedings arising out of contravention of paragraph (1) or failure to comply with paragraph (4).
9
In this regulation–
a
“registered bovine animal” means a bovine animal which belongs to a herd registered under the Beef Assurance Scheme pursuant to regulation 4 of the Fresh Meat (Beef Control) (No.2) Regulations 1996 ;
b
“relevant agreement” means an agreement referred to in paragraph (1);
c
“relevant bovine animal” means a bovine animal, other than a registered bovine animal, over 30 months of age any part of which is intended for human consumption; and
d
“Required Method of Operation”, in relation to a slaughterhouse, means the method of operation that would apply there.
Consignment of over-age animals to a slaughterhouse
10B
1
Subject to paragraph (2), no person shall consign to a slaughterhouse a live or dead bovine animal born or reared in the United Kingdom prior to 1 August 1996.
2
Paragraph (1) shall not prohibit a person from consigning a bovine animal to a slaughterhouse under the purchase scheme introduced under Commission Regulation (EC) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom, as amended by Commission Regulations (EC) No. 774/96 , 1974/96 , No. 2149/96 , No. 1365/97 , and No. 667/2003 .
.
5
In regulation 23 (production of feedingstuffs containing fishmeal), for paragraphs (1), (2) and (3) there are substituted–
1
No person shall use any premises for the production of feedingstuffs containing fishmeal for the feeding of non-ruminant farmed animals save in accordance with —
a
the condition contained in paragraph 2.1B(c) of Annex IV ; or
b
the derogations from that condition contained in sub-paragraphs (i) and (ii) of that paragraph.
2
The Secretary of State shall authorise establishments in relation to the production of feedingstuffs for the purposes of–
a
the condition contained in paragraphs 2.IB(c) of Annex IV; and
b
the derogations from that condition contained in sub-paragraphs (i) and (ii) of that paragraph,
if, following an inspection of the premises by a veterinary inspector, she is satisfied that the premises are capable of being operated in accordance with the relevant requirements of Annex IV.
3
In paragraphs (1) and (2), “Annex IV” means Annex IV to the Community TSE Regulation.
.
6
In regulation 25 (use and storage of feedingstuffs)–
a
sub-paragraph (a) of paragraph (1) is omitted; and
b
in paragraph (2), “fishmeal,” is omitted.
7
After regulation 25, there are inserted the following regulations–
Use and storage of feeding stuffs containing fishmeal
25A
1
Subject to paragraph (2), any person who–
a
uses or stores any feedingstuff containing fishmeal for feeding to non-ruminant farmed animals; and
b
fails to comply with paragraph 2.IB(f) of Annex IV to the Community TSE Regulation,
shall be guilty of an offence.
2
For the purposes of the derogation in paragraph 2.IB(f) of that Annex, no person shall use or store any feeding stuff containing fishmeal on premises where ruminants are kept unless he is registered by the Secretary of State for that purpose in accordance with paragraph (3).
3
The Secretary of State shall grant a registration under paragraph (2) where the occupier has declared to her in writing that measures are implemented on the premises in question to prevent the feedingstuffs being fed to ruminant animals on those premises.
4
Any person who fails to comply with paragraph (2) shall be guilty of an offence.
5
A person guilty of an offence under this regulation shall be liable–
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term of three months or both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
Samples sent to laboratories and reporting requirements
25B
1
Up to and including 31st December 2005, where an operator of an establishment producing feedingstuffs sends a sample to a laboratory for testing for any purpose in connection with the requirements of Annex IV of the Community TSE Regulation, he shall supply in writing with the sample–
a
the name and address of the premises at which the sample was taken;
b
the date on which the sample was taken; and
c
the description and identity of the sample.
2
The operator shall also supply in writing with the sample–
a
confirmation whether or not the sample was taken from a feedingstuff or an ingredient for the feeding of farmed animals–
i
which has been imported from a third country, or
ii
which has been, or is intended to be, placed on the market; and, if so,
b
details of the species of animal for which the feedingstuff or ingredient is intended.
3
Any —
a
person who submits a sample to a laboratory for analysis pursuant to paragraph (1); or
b
occupier of the laboratory, other than the Community reference laboratory, to which that sample is sent,
shall inform the Secretary of State with all practicable speed if there is any evidence arising from that sample of a breach of these Regulations or of Annex IV to the Community TSE Regulation.
.
8
In regulation 29B (slaughter of animals), for paragraph (4) there is substituted–
4
Subject to paragraph (5), if any person on whom a notice is served under paragraph (1) fails to comply with the requirements of the notice, an inspector may carry out or cause to be carried out those requirements–
a
without prejudice to any proceedings arising out of such default; and
b
at the expense of the person on whom the notice is served.
5
An inspector may only carry out or cause to be carried out the requirements of a notice referred to in paragraph (4) if the Secretary of State has confirmed the notice pursuant to paragraph (3).
.
9
In regulation 33 (removal of specified risk material from carcases in slaughterhouses)–
a
for paragraph (1), there is substituted–
1
When a bovine animal is slaughtered in a slaughterhouse, or slaughtered elsewhere then brought to a slaughterhouse to be dressed for human consumption, the occupier of the slaughterhouse shall ensure that–
a
all specified risk material, excluding the vertebral column, is removed from the carcase as soon as is reasonably practicable after the animal has been slaughtered and before the carcase is presented for inspection pursuant to regulation 35; and
b
the carcase is consigned to cutting premises licensed under regulation 56(1) as soon as reasonably practicable for the removal of the vertebral column at those premises in accordance with regulation 36(1).
;
b
in paragraph (2)(b), for the words “the head, spleen, ileum and tonsils are” there are substituted “all specified risk material, excluding the spinal cord, is”; and
c
paragraph (10) is omitted.
10
In regulation 36 (removal of vertebral column of bovine animals in cutting premises)–
a
in paragraph (1)(a), for the words “ regulation 33(10)”, there are substituted “regulation 33(1)”; and
b
for paragraph (5) there is substituted–
5
In this regulation, “carcase” means–
a
a carcase;
b
a half carcase;
c
a half carcase cut into no more than three wholesale cuts; and
d
quarters,
containing no specified risk material other than the vertebral column.
.
11
For regulation 37 (removal of SRM spinal cord of bovine animals, sheep and goats) there is substituted–
Removal of spinal cord of sheep and goats which is specified risk material
37
1
Where the carcase of a sheep or a goat is consigned to a slaughterhouse or cutting premises licensed for the purpose of this Part of these Regulations, the occupier of that slaughterhouse or cutting premises shall ensure that the spinal cord which is specified risk material is removed from the rest of the carcase.
2
If the spinal cord which is specified risk material is removed in a slaughterhouse or at cutting premises licensed for the purpose of this Part of these Regulations, the occupier shall ensure that it is stained in accordance with regulation 33(3) and disposed of as specified risk material in accordance with this Part of these Regulations.
3
If the spinal cord which is specified risk material is removed at any premises, other than a licensed slaughterhouse or licensed cutting premises, for the purposes of veterinary or scientific examination, after that examination the spinal cord shall be stained blue and disposed of as specified risk material in accordance with this Part of these Regulations.
.
12
For regulation 38 (young lamb stamp), there is substituted–
Young lamb stamp and young goat stamp
38
1
Where a sheep or a goat is slaughtered in a slaughterhouse and at the time of slaughter–
a
it is not more than 12 months of age; or
b
there is no permanent incisor erupted through the gum,
and the spleen and the ileum have been removed, the carcase of the animal may be marked with a young lamb stamp or a young goat stamp as appropriate.
2
A young lamb stamp and a young goat stamp shall consist of a circular mark 5 centimetres in diameter containing in legible form in capital letters 1 centimetre high–
a
“MHS”; and
b
in the case of a sheep, “YL”; and
c
in the case of a goat, “YG”.
3
No person other than —
a
an OVS;
b
an inspector; or
c
a meat technician acting under the responsibility of an OVS,
may apply a young lamb stamp or a young goat stamp or possess the equipment for applying such a stamp.
4
No person shall use a stamp resembling a young lamb stamp or a young goat stamp in such a way as to suggest that the carcase of any animal other than an animal referred to in paragraph (1) is such a carcase.
5
In relation to any slaughterhouse or cutting premises, the Agency may appoint as meat technicians such persons as are necessary to assist the OVS and inspectors in carrying out the functions referred to in paragraph (3).
.
13
1
In regulation 41(1) and (2), after the words “young lamb stamp”, there are inserted “, or young goat stamp, as the case may be,”.
2
In regulations 46(1) and 47(1), after the words “young lamb stamp”, there are inserted “, or young goat stamp, as the case may be”.
14
After Schedule 1 (compensation), there is inserted Schedule 1A set out in the Schedule.
15
In Schedule 6A (enforcement of Annex VII to the Community TSE Regulation), after part IV (compensation), there is inserted–
PART V
OFFENCES
18
A person guilty of an offence under paragraph 8, 10, 11 or 12 shall be liable–
a
on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for the Environment, Food and Rural Affairs
19th September 2005


text:
Citation and commencement
1
These rules may be cited as the Land Registration (Amendment) Rules 2005 and shall come into force on 24th October 2005.
Interpretation
2
In these rules “the principal rules” means the Land Registration Rules 2003 and a reference to a rule by number is a reference to the rule in the principal rules so numbered.
Amendment to rule 91(1)
3
In rule 91(1), there shall be inserted after “Schedule 4” the words “(varied, where appropriate, as permitted by rule 91A)”.
New rule 91A
4
After rule 91, the following rule shall be inserted —
Completion of standard forms of restriction
91A
1
Subject to paragraphs (2) and (3), where a standard form of restriction is to affect part only of the registered estate, then, where it refers to a disposition, or to a disposition of a specified type, to which it applies, that reference may be followed by the words “of the part of the registered estate” together with a sufficient description, by reference to a plan or otherwise, to identify clearly the part so affected.
2
The words incorporated pursuant to paragraph (1) shall be in place of the words “of the registered estate” where those latter words appear in a standard form of restriction and are referring to a disposition, or to a disposition of a specified type, to which the restriction applies.
3
The registrar may alter the words of any restriction affecting part of the registered estate only that he intends to enter in the register so that such part is described by reference to the relevant title plan or in another appropriate way.
4
A restriction in Form L, M, N, O, P, S or T may commence with the word “Until . . . ” followed by a calendar date.
.
Amendment to rule 92
5
There shall be substituted for rule 92(2)(b) the following sub-paragraph —
b
where rule 198(2)(d) applies, the address for service of the person named in the restriction,
.
Amendments to rule 93
6
1
Rule 93 shall be amended as follows.
2
In paragraph (u), the final “and” shall be deleted.
3
In paragraph (v), the full stop shall be replaced by “, and”.
4
After paragraph (v), the following paragraph shall be inserted —
w
the Legal Services Commission where it has a statutory charge, created by section 16(6) of the Legal Aid Act 1988 or by section 10(7) of the Access to Justice Act 1999 , over a beneficial interest in registered land held under a trust of land and is applying for a restriction in Form JJ to be entered in the register of that land.
.
Amendment to rule 140
7
After rule 140(4), the following paragraph shall be inserted —
4A
A qualifying applicant who applies for a search in the index of proprietors' names under paragraph (2) may apply at the same time in the Form CIT attached to the Form PN1 for official copies of every individual register referred to in the entries (if any) in the index relating to the particulars given in the search application.
.
Amendment to rule 198
8
There shall be substituted for rule 198(2)(d) the following sub-paragraph —
d
a person named in —
i
a standard form of restriction set out in Schedule 4, whose address is required by that restriction, or
ii
any other restriction, whose consent or certificate is required, or to whom notice is required to be given by the registrar or another person,
except where the registrar is required to enter the restriction without application,
.
Amendments to rule 217
9
1
In rule 217(1), the definition of “conveyancer” shall be amended as follows —
a
after “Executives,” in (c) of the definition there shall be inserted the word “or (d) a duly certificated notary public,” and
b
after the words “licensed conveyancer” where they last appear in the definition, there shall be substituted for the words from “or” to “Executives” — “, fellow of the Institute of Legal Executives or duly certificated notary public”.
2
In rule 217(3), for “Forms AA to HH” there shall be substituted “Forms AA to LL”.
New Form CIT in Schedule 1 to the principal rules
10
There shall be substituted for Form CIT in Schedule 1 to the principal rules Form CIT in Schedule 1 to these rules.
Amendments to Schedule 4 to the principal rules
11
Schedule 4 to the principal rules shall be amended in accordance with Schedule 2 to these rules.
Amendments to Schedule 5 to the principal rules
12
Schedule 5 to the principal rules shall be amended in accordance with Schedule 3 to these rules.
Signed by authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
30th June 2005


text:
Citation and commencement
1
This Order may be cited as The Gender Recognition (Approved Countries and Territories) Order 2005 and shall come into force on 4th April 2005.
Approved countries and territories
2
The countries and territories set out in the Schedule are each prescribed as an “approved country or territory” for the purposes of the Gender Recognition Act 2004.
Signed by authority of the Secretary of State
Cathy Ashton
Parliamentary Under-Secretary of State
Department for Constitutional Affairs
21st March 2005


text:
Citation and commencement
1
1
These Rules may be cited as the Insolvency (Amendment) Rules 2005.
2
These Rules shall come into force on 1st April 2005 (“the commencement date”).
Interpretation
2
1
In these Rules references to the “principal Rules” are to the Insolvency Rules 1986 and a Rule referred to by number alone means the Rule so numbered in the principal Rules.
2
These Rules shall be construed as one with the principal Rules.
Transitional provisions
3
1
The provisions of Rules 8 to 17, 23 to 27, 43 and 44 of these Rules shall not apply, and the provisions of the principal Rules shall continue to apply without the amendments made by those Rules, in any case where a company has entered administration or gone into liquidation, or a bankruptcy order has been made, before the commencement date.
2
The provisions of Rules 29, 30, 32 and 39 to these Rules shall apply in any case where, on or after 1st April 2004, a winding-up order has been made or a resolution for the winding up of a company has been passed or a bankruptcy order has been made, before the commencement date.
Amendment to Rule 1.40
4
In paragraph (4)(a) of Rule 1.40 for “sheriff” substitute “enforcement officer”.
Amendment to Rule 2.7
5
In Rule 2.7 —
a
in the heading to the Rule for “sheriff” substitute “officers charged with execution of writs or other process”; and
b
in paragraph (a) of Rule 2.7 for “sheriff” substitute “enforcement officer”.
Amendment to Rule 2.20
6
In paragraph (2)(a) of Rule 2.20 for “sheriff” substitute “enforcement officer”.
Amendment to Rule 2.27
7
In paragraph (2)(c) of Rule 2.27 for “sheriff” substitute “enforcement officer”.
Amendment to Rule 2.67
8
In Rule 2.67 insert —
4
For the purposes of paragraph 99(3), the former administrator’s remuneration and expenses shall comprise all those items set out in paragraph (1) of this Rule.
.
Substitution of Rule 2.85
9
For Rule 2.85 substitute —
Mutual credits and set-off
2.85
1
This Rule applies where the administrator, being authorised to make the distribution in question, has, pursuant to Rule 2.95 given notice that he proposes to make it.
2
In this Rule “mutual dealings” means mutual credits, mutual debts or other mutual dealings between the company and any creditor of the company proving or claiming to prove for a debt in the administration but does not include any of the following —
a
any debt arising out of an obligation incurred after the company entered administration;
b
any debt arising out of an obligation incurred at a time when the creditor had notice that —
i
an application for an administration order was pending; or
ii
any person had given notice of intention to appoint an administrator;
c
any debt arising out of an obligation where —
i
the administration was immediately preceded by a winding up; and
ii
at the time the obligation was incurred the creditor had notice that a meeting of creditors had been summoned under section 98 or a petition for the winding up of the company was pending;
d
any debt arising out of an obligation incurred during a winding up which immediately preceded the administration; or
e
any debt which has been acquired by a creditor by assignment or otherwise, pursuant to an agreement between the creditor and any other party where that agreement was entered into —
i
after the company entered administration;
ii
at a time when the creditor had notice that an application for an administration order was pending;
iii
at a time when the creditor had notice that any person had given notice of intention to appoint an administrator;
iv
where the administration was immediately preceded by a winding up, at a time when the creditor had notice that a meeting of creditors had been summoned under section 98 or that a winding up petition was pending; or
v
during a winding up which immediately preceded the administration.
3
An account shall be taken as at the date of the notice referred to in paragraph (1) of what is due from each party to the other in respect of the mutual dealings and the sums due from one party shall be set off against the sums due from the other.
4
A sum shall be regarded as being due to or from the company for the purposes of paragraph (3) whether —
a
it is payable at present or in the future;
b
the obligation by virtue of which it is payable is certain or contingent; or
c
its amount is fixed or liquidated, or is capable of being ascertained by fixed rules or as a matter of opinion.
5
Rule 2.81 shall apply for the purposes of this Rule to any obligation to or from the company which, by reason of its being subject to any contingency or for any other reason, does not bear a certain value;
6
Rules 2.86 to 2.88 shall apply for the purposes of this Rule in relation to any sums due to the company which —
a
are payable in a currency other than sterling;
b
are of a periodical nature; or
c
bear interest.
7
Rule 2.105 shall apply for the purposes of this Rule to any sum due to or from the company which is payable in the future.
8
Only the balance (if any) of the account owed to the creditor is provable in the administration. Alternatively the balance (if any) owed to the company shall be paid to the administrator as part of the assets except where all or part of the balance results from a contingent or prospective debt owed by the creditor and in such a case the balance (or that part of it which results from the contingent or prospective debt) shall be paid if and when that debt becomes due and payable.
9
In this Rule “obligation” means an obligation however arising, whether by virtue of an agreement, rule of law or otherwise.
.
Amendment to Rule 2.86
10
At the end of Rule 2.86(1) insert “or, if the administration was immediately preceded by a winding up, on the date that the company went into liquidation”.
Amendment to Rule 2.87
11
At the end of Rule 2.87(1) insert “or, if the administration was immediately preceded by a winding up, up to the date that the company went into liquidation”.
Amendment to Rule 2.88
12
In Rule 2.88 —
a
at the end of paragraph (1) insert “or, if the administration was immediately preceded by a winding up, any period after the date that the company went into liquidation”; and
b
in paragraph (7) omit the words “Subject to Rule 2.105(3),”.
Amendment to Rule 2.89
13
In Rule 2.89 after “entered administration,” insert “or, if the administration was immediately preceded by a winding up, up to the date that the company went into liquidation”.
Amendment to Rule 2.105
14
1
For paragraph (2) of Rule 2.105 substitute —
2
For the purpose of dividend (and no other purpose) the amount of the creditor’s admitted proof (or, if a distribution has previously been made to him, the amount remaining outstanding in respect of his admitted proof) shall be reduced by applying the following formula —
X 1.05 n
where —
a
“X” is the value of the admitted proof; and
b
“n” is the period beginning with the relevant date and ending with the date on which the payment of the creditor’s debt would otherwise be due expressed in years and months in a decimalised form.
3
In paragraph (2) “relevant date” means —
a
in the case of an administration which was not immediately preceded by a winding up, the date that the company entered administration;
b
in the case of an administration which was immediately preceded by a winding up, the date that the company went into liquidation.
.
2
Omit paragraph (3).
Amendment to Rule 2.106
15
1
After paragraph (5) of Rule 2.106 insert —
5A
In a case where the administrator has made a statement under paragraph 52(1)(b), if there is no creditors' committee, or the committee does not make the requisite determination, the administrator’s remuneration may be fixed (in accordance with paragraph (2)) by the approval of —
a
each secured creditor of the company: or
b
if the administrator has made or intends to make a distribution to preferential creditors —
i
each secured creditor of the company; and
ii
preferential creditors whose debts amount to more than 50% of the preferential debts of the company, disregarding debts of any creditor who does not respond to an invitation to give or withhold approval;
and paragraph (4) applies to them as it does to the creditors' committee.
.
2
Omit paragraph (9).
Amendment to Rule 2.107
16
After Rule 2.107 insert, and Rule 2.107 becomes Rule 2.107(1) —
2
In a case where the administrator has made a statement under paragraph 52(1)(b), if the administrator’s remuneration has been fixed by the creditors' committee, and he considers the rate or amount to be insufficient, he may request that it be increased by the approval of —
a
each secured creditor of the company: or
b
if the administrator has made or intends to make a distribution to preferential creditors —
i
each secured creditor of the company; and
ii
preferential creditors whose debts amount to more than 50% of the preferential debts of the company, disregarding debts of any creditor who does not respond to an invitation to give or withhold approval.
.
Amendment to Rule 2.108
17
After paragraph (1) of Rule 2.108 insert —
1A
In a case where the administrator has made a statement under paragraph 52(1)(b), if the administrator considers that the remuneration fixed by the approval of the creditors in accordance with Rule 2.107(2) is insufficient, he may apply to the court for an order increasing its amount or rate.
.
Amendment to Rule 4.7
18
For Rule 4.7(7)(c) substitute —
c
where applicable, contain an application under paragraph 79 of Schedule B1, requesting that the appointment of the administrator shall cease to have effect.
.
Amendment to Rule 4.11
19
In Rule 4.11(4)(a) after “the name” insert “and registered number”.
Amendment to Rule 4.12
20
After paragraph (7) of Rule 4.12 insert —
8
The affidavit shall state whether, in the opinion of the person making the application, (i) the EC Regulation will apply and (ii) if so, whether the proceedings will be main proceedings or territorial proceedings.
.
Amendment to Rule 4.26
21
In Rule 4.26 —
a
in paragraph (2) —
i
in sub-paragraph (a) for “two” substitute “three”; and,
ii
in sub-paragraph (b)(i) for “two” substitute “three”; and,
b
for paragraph (3) substitute —
3
Of the three copies of the order sent to the official receiver under paragraph (2)(a), or to another person under paragraph (2)(b)(i) —
i
one shall in each case be sent by the recipient to the company, or if a liquidator has been appointed for the company’s voluntary winding-up, to him; and
ii
one shall be sent with Form 4.15A to the registrar of companies.
.
Amendment to Rule 4.51-CVL
22
In Rule 4.51-CVL(2) after “summoning the meeting shall” insert “state the name of the company and the registered number of the company, and”.
Substitution of Rule 4.90
23
For Rule 4.90 substitute —
Mutual credits and set-off
4.90
1
This Rule applies where, before the company goes into liquidation there have been mutual credits, mutual debts or other mutual dealings between the company and any creditor of the company proving or claiming to prove for a debt in the liquidation.
2
The reference in paragraph (1) to mutual credits, mutual debts or other mutual dealings does not include —
a
any debt arising out of an obligation incurred at a time when the creditor had notice that —
i
a meeting of creditors had been summoned under section 98; or
ii
a petition for the winding up of the company was pending;
b
any debt arising out of an obligation where —
i
the liquidation was immediately preceded by an administration; and
ii
at the time the obligation was incurred the creditor had notice that an application for an administration order was pending or a person had given notice of intention to appoint an administrator;
c
any debt arising out of an obligation incurred during an administration which immediately preceded the liquidation; or
d
any debt which has been acquired by a creditor by assignment or otherwise, pursuant to an agreement between the creditor and any other party where that agreement was entered into —
i
after the company went into liquidation;
ii
at a time when the creditor had notice that a meeting of creditors had been summoned under section 98;
iii
at a time when the creditor had notice that a winding up petition was pending;
iv
where the liquidation was immediately preceded by an administration, at a time when the creditor had notice that an application for an administration order was pending or a person had given notice of intention to appoint an administrator; or
v
during an administration which immediately preceded the liquidation.
3
An account shall be taken of what is due from each party to the other in respect of the mutual dealings, and the sums due from one party shall be set off against the sums due from the other.
4
A sum shall be regarded as being due to or from the company for the purposes of paragraph (3) whether —
a
it is payable at present or in the future;
b
the obligation by virtue of which it is payable is certain or contingent; or
c
its amount is fixed or liquidated, or is capable of being ascertained by fixed rules or as a matter of opinion.
5
Rule 4.86 shall also apply for the purposes of this Rule to any obligation to or from the company which, by reason of its being subject to any contingency or for any other reason, does not bear a certain value.
6
Rules 4.91 to 4.93 shall apply for the purposes of this Rule in relation to any sums due to the company which —
a
are payable in a currency other than sterling;
b
are of a periodical nature; or
c
bear interest.
7
Rule 11.13 shall apply for the purposes of this Rule to any sum due to or from the company which is payable in the future.
8
Only the balance (if any) of the account owed to the creditor is provable in the liquidation. Alternatively the balance (if any) owed to the company shall be paid to the liquidator as part of the assets except where all or part of the balance results from a contingent or prospective debt owed by the creditor and in such a case the balance (or that part of it which results from the contingent or prospective debt) shall be paid if and when that debt becomes due and payable.
9
In this Rule “obligation” means an obligation however arising, whether by virtue of an agreement, rule of law or otherwise.
.
Amendment to Rule 4.91
24
At the end of Rule 4.91(1) insert “or, if the liquidation was immediately preceded by an administration, on the date that the company entered administration”.
Amendment to Rule 4.92
25
At the end of Rule 4.92(1) insert “or, if the liquidation was immediately preceded by an administration, up to the date that the company entered administration”.
Amendment to Rule 4.93
26
At the end of Rule 4.93(1) insert “or, if the liquidation was immediately preceded by an administration, any period after the date that the company entered administration”.
Amendment to Rule 4.94
27
In Rule 4.94 after “went into liquidation,” insert “or, if the liquidation was immediately preceded by an administration, on the date that the company entered administration”.
Amendment to Rule 4.125
28
In Rule 4.125(4) for the words “official receiver” substitute “Secretary of State”.
Amendment to Rule 4.127B
29
At the end of sub-paragraph (3)(b) of Rule 4.127B there shall be inserted “and payments made in respect of preferential debts”.
Amendment to Rule 4.148A
30
In paragraph (5) of Rule 4.148A after “Rule 4.128” insert “and Rule 4.127B”.
Amendment to Rule 4.184
31
In Rule 4.184(1) after “liquidation committee” insert “(or if there is no such committee, a meeting of the company’s creditors)” and after “under” insert “section 165(2) or”.
Amendment to Rule 4.218
32
In sub-paragraph (o) of paragraph (1) of Rule 4.218 for the words “to the official receiver under general regulations” substitute “under Schedule 6”.
Amendment to Rule 4.223-CVL
33
Omit paragraph (4) of Rule 4.223-CVL.
Amendment to Rule 5.60
34
In paragraph (5) of Rule 5.60 for the words “paragraphs (3) and (4) are” substitute “paragraph (3) is”.
Amendment to Rule 6.34
35
In paragraph (3) of Rule 6.34 for “Rule 6.223(B)(1)” substitute “Rule 6A.4(2)”.
Amendment to Rule 6.42
36
In Rule 6.42 —
a
in paragraph (1) for “two copies” substitute “one copy”; and
b
for paragraph (4) substitute —
4
The copy of the statement of affairs shall be sent by the court to the official receiver.
.
Amendment to Rule 6.46
37
In paragraph (3) of Rule 6.46 for “Rule 6.223(B)(1)” substitute “Rule 6A.4(2)”.
Amendment to Rule 6.137
38
In Rule 6.137(4) for the words “official receiver” substitute “Secretary of State”.
Amendment to Rule 6.224
39
In sub-paragraph (o) of paragraph (1) of Rule 6.224 for the words “to the official receiver under general regulations” substitute “under Schedule 6”.
Insertion of new Rule 6.235A
40
After Rule 6.235 insert —
Application for redirection order
6.235A
1
This Rule applies where the official receiver or trustee in bankruptcy applies to the court under section 371(1) (re-direction of bankrupt’s letters etc ).
2
The application shall be made without notice to the bankrupt or any other person, unless the court directs otherwise.
3
The applicant shall with his application, where he is the official receiver, file a report, and where he is the trustee in bankruptcy, an affidavit, setting out the reasons why such an order is sought.
4
The court shall fix a venue for the hearing of the application if the court thinks fit and give notice to the applicant.
5
The court may make an order on such conditions as it thinks fit.
6
The order shall identify the person on whom it is to be served, and need not be served on the bankrupt unless the court directs otherwise.
.
Amendment to Rule 6A.2
41
In Rule 6A.2(1) at the end, there shall be inserted —
; and ,
in the circumstances set out in (a) and (b) above, the debtor’s gender, date of birth and any name by which he was known, not being the name in which he has entered into the voluntary arrangement
.
Amendment to Rule 7.36
42
In Rule 7.36 —
a
in the heading for “sheriff” substitute “officers charged with execution of writs or other process”;
b
in paragraph (1) for “a sheriff” substitute “an enforcement officer, or other officer, charged with execution of the writ or other process;” and for “the sheriff's” substitute “the enforcement officer’s or other officer's”; and
c
in paragraph (3) for “sheriff” substitute “ enforcement officer”.
Amendment to Rule 11.13
43
1
For paragraph (2) of Rule 11.13 substitute —
2
For the purpose of dividend (and no other purpose) the amount of the creditor’s admitted proof (or, if a distribution has previously been made to him, the amount remaining outstanding in respect of his admitted proof) shall be reduced by applying the following formula —
X 1.05 n
where —
a
“X” is the value of the admitted proof; and
b
“n” is the period beginning with the relevant date and ending with the date on which the payment of the creditor’s debt would otherwise be due expressed in years and months in a decimalised form.
3
In paragraph (2) “relevant date” means —
a
in the case of a winding up which was not immediately preceded by an administration, the date that the company went into liquidation;
b
in the case of a winding up which was immediately preceded by an administration, the date that the company entered administration; and
c
in the case of a bankruptcy, the date of the bankruptcy order.
.
2
Omit paragraph (3).
Amendment to Rule 12.3
44
In paragraph (2)(a) of Rule 12.3 after the words “any obligation” where they first appear insert “(other than an obligation to pay a lump sum or to pay costs)” and after the words “family proceedings or” insert “any obligation arising”.
Amendment to Rule 12.11
45
After the words “Rule 12.10” insert “and Rule 12.12”.
Amendment to Rule 12.12
46
In paragraph (1) of Rule 12.12 for “ RSC Order 11” substitute “ CPR Part 6, paragraphs 6.17 to 6.35” and for “does” substitute “do”.
Amendment to Rule 12.15
47
In paragraph (a) of Rule 12.15 for “section 130 of the Supreme Court Act 1981 or under section 128 of the County Courts Act 1984” substitute “section 92 of the Courts Act 2003”.
Amendment to Rule 12.19
48
In Rule 12.19 —
a
in paragraph (1) for “sheriff” substitute “enforcement officer”; and
b
in paragraph (2) for “under-sheriff” substitute “enforcement officer”.
Amendments to Schedule 4 to the principal Rules
49
1
In the index to forms in Schedule 4 to the principal Rules —
a
omit the entry for Form 4.3; and
b
after the entry relating to Form 4.15 insert the following entry —
4.15A
Notice of appointment of provisional liquidator in winding up by the court
.
2
In Schedule 4 to the principal Rules —
a
omit Form 4.3;
b
the Form set out in Part A of the Schedule to these Rules is inserted as Form 4.15A; and
c
for Forms 2.8B, 2.11B, 2.13B, 2.14B, 3.1A, 3.2, 4.6, 4.11, 4.12, 4.13, 4.14, 4.17, 4.18, 4.19, 4.68, 6.9, 6.24A, 6.28, 6.80, 6.83 and 6.84 substitute the forms so numbered as set out in Part B of the Schedule to these Rules.
Falconer of Thoroton C.
3rd March 2005
I concur, on behalf of the Secretary of State,
Gerry Sutcliffe
Parliamentary Under-Secretary of State for Employment Relations, Competition and Consumers,
Department of Trade and Industry
8th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Leasehold Houses (Notice of Insurance Cover) (England) (Amendment) Regulations 2005 and shall come into force on 28th February 2005.
Amendment of Regulations
2
The Leasehold Houses (Notice of Insurance Cover) (England) Regulations 2004 are amended by the substitution, for paragraph 10 of the Schedule, of the following paragraph —
10
I/We have no reason to believe that the policy does not cover your interests.
.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State Office of the Deputy Prime Minister
31st January 2005


text:
1
This Order may be cited as the Crime and Disorder Act 1998 (Responsible Authorities) Order 2005 and shall come into force on 1st August 2005.
2
The functions conferred by sections 6 to 7 of the Crime and Disorder Act 1998 are to be carried out in relation to the local government areas of Worcester City Council, Malvern Hills District Council and Wychavon District Council as if they constituted only one area (“the combined area”).
3
The persons who for the purposes of Chapter 1 of the Crime and Disorder Act 1998 are to be taken as the responsible authorities in relation to the combined area are the persons who, apart from this Order, would be a responsible authority in relation to any one or more of the areas included in the combined area.
Charles Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
1st July 2005


text:
Citation
1
This Order may be cited as the Great Clacton Church of England Voluntary Aided Junior School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The Great Clacton Church of England Voluntary Aided Junior School, Craigfield, Great Clacton, Clacton on Sea, CO15 4HR, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
13th June 2005


text:
Citation and commencement
1
These Regulations may be cited as the Pensions Regulator (Contribution Notices and Restoration Orders) Regulations 2005 and shall come into force on 6th April 2005.
Interpretation
2
1
In these Regulations —
“the 1988 Act ” means the Income and Corporation Taxes Act 1988 ;
“ the Act ” means the Pensions Act 2004;
“registered for tax purposes” in relation to a scheme, means registered in accordance with section 153 of the Finance Act 2004 (registration of pension schemes) or treated as registered by virtue of Schedule 36 of that Act (pension schemes etc : transitional provisions and savings);
“relevant public authority” has the meaning given in section 307(4) (modification of the Act in relation to certain categories of schemes); and
“tax approved scheme” means a scheme which is approved or was formerly approved under section 590 (conditions for approval of retirement benefit schemes) or 591 (discretionary approval) of the 1988 Act or in respect of which an application for such approval has been duly made but has not been determined.
2
In these Regulations, unless otherwise stated, a reference to a numbered section is a reference to the section of the Act bearing that number.
Prescribed schemes
3
For the purposes of sections 38(1)(b) and 52(1)(b) (schemes to which sections 38 (contribution notices) and 52 (restoration orders) do not apply), a prescribed scheme or a scheme of a prescribed description is —
a
a scheme which has never been a tax approved scheme or has never been registered for tax purposes;
b
a public service pension scheme under the provisions of which there is no requirement for assets related to the intended rate or amount of benefit under the scheme to be set aside in advance (disregarding requirements relating to voluntary contributions);
c
a scheme which is made under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service etc. ) which provides pensions to persons employed in local government service;
d
a scheme which is made under section 2 of the Parliamentary and Other Pensions Act 1987 (power to provide for pensions for Members of the House of Commons etc.);
e
a scheme in respect of which a relevant public authority has given a guarantee or made any other arrangements for the purpose of securing that the assets of the scheme are sufficient to meet its liabilities;
f
a scheme which provides relevant benefits within the meaning of section 612(1) of the 1988 Act (interpretation) but which is not a relevant statutory scheme within the meaning of section 611A of the 1988 Act (definition of relevant statutory scheme);
g
a scheme —
i
which has been categorised by the Commissioners of the Board of Inland Revenue for the purposes of its approval, or registration, as a centralised scheme for non-associated employers,
ii
which is not contracted-out, and
iii
under the provisions of which the only benefits that may be provided on or after retirement (other than money purchase benefits derived from the payment of voluntary contributions by any person) are lump sum benefits which are not calculated by reference to a member’s salary;
h
a scheme —
i
the only benefits provided by which (other than money purchase benefits) are death benefits, and
ii
under the provisions of which no member has accrued rights (other than rights to money purchase benefits);
i
a scheme with such a superannuation fund as is mentioned in section 615(6) of the 1988 Act (exemption from tax in respect of certain pensions);
j
the Chatsworth Settlement Estate Pension Scheme; and
k
the scheme established by the Salvation Army Act 1963 .
Person of a prescribed description
4
A person who is prescribed for the purposes of section 52(7)(a) is any person whom the trustees or managers of the scheme have authorised to enter into transactions involving the assets of that scheme.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
24th March 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2005 and shall come into force on 15th December 2005, but shall have effect, where appropriate, from the dates specified in this Order.
2
In this Order —
“ the Act ” means the Superannuation Act 1972.
Employments
2
1
Section 1 of the Act shall apply to the following employments with effect from the dates specified below —
a
employment by Architecture and Design Scotland, with effect from 1st December 2004;
b
employment by the China-Britain Business Council, with effect from 1st December 2004;
c
employment by the NHS Confederation (Employers) Company Limited, with effect from 1st October 2004;
d
employment by the Health Protection Agency ( Yr Asiantaeth Diogelu Iechyd), with effect from 1st October 2004;
e
employment by the Nuclear Decommissioning Authority, with effect from 1st November 2004;
f
employment by Partnerships for Schools Limited, with effect from 1st April 2004;
g
employment by Culture Northwest Limited, with effect from 8th October 2004;
h
employment by Culture North East Limited, with effect from 8th October 2004;
i
employment by Culture South West Limited, with effect from 8th October 2004;
j
employment by Yorkshire Culture Limited, with effect from 8th October 2004;
k
employment by Culture East Midlands Limited, with effect from 8th October 2004;
l
employment by Living East Limited, with effect from 8th October 2004;
m
employment by West Midlands Life Limited, with effect from 11th October 2004;
n
employment by Culture South East Limited, with effect from 11th October 2004;
o
employment by the Wine Standards Board, with effect from 1st December 2004;
p
employment by the Commissioner for Public Appointments in Scotland, with effect from 1st June 2004;
q
employment by the Risk Management Authority, with effect from 26th January 2005;
r
employment by the Joint Nature Conservation Committee, with effect from 1st April 2005;
s
employment by the Health and Social Care Information Centre, with effect from 1st April 2005; and
t
employment by the JNCC Support Co. , with effect from 1st April 2005.
2
Accordingly, Schedule 1 to the Act is amended by inserting at the appropriate places in the list of “Other Bodies”, the entries —
Architecture and Design Scotland
China-Britain Business Council
NHS Confederation (Employers) Company Limited
Health Protection Agency (Yr Asiantaeth Diogelu Iechyd)
Nuclear Decommissioning Authority
Partnerships for Schools Limited
Culture Northwest Limited
Culture North East Limited
Culture South West Limited
Yorkshire Culture Limited
Culture East Midlands Limited
Living East Limited
West Midlands Life Limited
Culture South East Limited
Wine Standards Board
Employment by the Commissioner for Public Appointments in Scotland
Risk Management Authority
Joint Nature Conservation Committee
Health and Social Care Information Centre
JNCC Support Co.
Offices
3
1
Section 1 of the Act shall apply to the Commissioner for Public Appointments in Scotland, with effect from 1st June 2004.
2
Accordingly, Schedule 1 to the Act is amended by inserting at the appropriate place in the list of “Offices”, the entry —
The Commissioner for Public Appointments in Scotland
.
Removal from Schedule 1
4
The following entries are hereby removed from Schedule 1 to the Act:
a
in the list of “Other Bodies”, the entry —
“Occupational Pensions Regulatory Authority”, with effect from 6 April 2005; and
in the list of “Royal Commissions and other Commissions”, the entry —
“Royal Fine Art Commission for Scotland”, with effect from 1 April 2005.
Jim Murphy
for the Minister for the Civil Service
14th November 2005


text:
1
The new footpath/cycleway which the National Assembly for Wales proposes to construct along the route described in the schedule to this Order is to become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” (“ y plan a adneuwyd ”) means the plan numbered HA10/2 NAFW 5 marked “The London — Fishguard Trunk Road (A40) (Combined Footpath/Cycleway, Windyhall, Fishguard) Order 2005”, signed on behalf of the Minister for Economic Development and Transport and deposited at the National Assembly for Wales Record Storage and Retrieval Unit ( RSRU ), Neptune Point, Ocean Way, Cardiff;
ii
“the trunk road” (“ y gefnffordd ”) means the London — Fishguard Trunk Road (A40);
iii
“the new trunk road”(“ y gefnffordd newydd ”) means the highway referred to in Article 1 of this Order.
4
This Order comes into force on 18 November 2005 and may be cited as the London — Fishguard Trunk Road (A40) (Combined Footpath/Cycleway, Windyhall, Fishguard) Order 2005.
Signed on behalf of the Minister for Economic Development and Transport
S C Shouler
Director of Transport Policy and Administration Welsh Assembly Government
31 October 2005


text:
Citation, interpretation and application
1
1
This Order may be cited as the Children Act 2004 (Commencement No. 5) Order 2005.
2
In this Order “ the Act ” means the Children Act 2004.
3
This Order applies to England.
Provision coming into force
2
Section 12 of the Act shall come into force on 1st January 2006.
Beverley Hughes
Minister of State
Department for Education and Skills
14th December 2005


text:
Citation
1
This Order may be cited as the Tax Information Exchange Agreement (Taxes on Income) (Montserrat) Order 2005.
Declaration about exchange of information
2
1
It is declared that the arrangements specified in the Agreement set out in Part I of the Schedule to this Order, and the Exchange of Notes constituting an Agreement set out in Part II of that Schedule have been made with the Government of Montserrat with a view to the exchange of information foreseeably relevant to the administration or enforcement of —
a
the domestic laws of the United Kingdom concerning income tax, capital gains tax and corporation tax; and
b
the laws of Montserrat concerning taxes imposed by Montserrat which are of a similar character to any of those taxes.
2
It is further declared that it is expedient that the arrangements referred to in paragraph (1) should have effect.
A.K. Galloway
Clerk of the Privy Council