text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Registered Pension Schemes (Restriction of Employers' Relief) Regulations 2005 and shall come into force on 6th April 2006.
2
In these Regulations —
a
“arrangement” has the meaning in section 152(1);
b
“period of account” has the meaning in section 832(1) of the Income and Corporation Taxes Act 1988 ; and
c
references to a section (without more) are to that section of the Finance Act 2004.
Scope of these Regulations
2
1
These Regulations apply in circumstances where —
a
subsection (2) or (3) of section 196A applies (or both do); and
b
the condition in paragraph (2) is not satisfied.
2
The condition in this paragraph is that, in such of those subsections as apply —
a
the employer-financed retirement benefits scheme referred to is a recognised overseas pension scheme within the meaning in section 150(8); and
b
the individual referred to would be a relevant migrant member of that scheme by virtue of paragraph 4 of Schedule 33 to the Finance Act 2004, or regulations made under sub-paragraph (c) of that paragraph, modified as follows —
i
in paragraph 4, in the words preceding sub-paragraph (a), omit “in relation to any contributions,”;
ii
in sub-paragraph (b) for “the time when the contributions are paid” substitute “the employer’s period of account which is in question”; and
iii
omit sub-paragraph (d).
Restriction of employers' relief in respect of contributions
3
Contributions paid by an employer under a registered pension scheme, where a member is an individual referred to in section 196A(2) or (3), shall be subject to the following restrictions on relief.
4
In respect of each arrangement relating to the individual under the scheme, calculate the individual’s pension input amount (modified as follows) for the employer’s period of account in which the contributions are paid, in accordance with regulations 5 to 8.
Cash balance arrangements
5
1
The individual’s pension input amount for a period of account in respect of a cash balance arrangement shall be determined in accordance with sections 230 and 232, modified as follows.
2
In both sections, for each of the references to the “pension input period” and the “pension input period of the arrangement that ends in the tax year” substitute references to the employer’s period of account in question.
3
In both section 230(4) and (5) at the end add “ignoring (if it be the case) the fact that payment of any benefits, or the amount of any recognised transfer, is subject to a contingency mentioned in section 196A(2) or (3)”.
4
In section 230(6) omit the reference to section 231.
5
The amount of any relievable pension contributions paid by or on behalf of the individual under the arrangement during the period of account is to be subtracted from the closing value.
Other money purchase arrangements
6
1
The individual’s pension input amount for a period of account in respect of a money purchase arrangement other than a cash balance arrangement shall be determined in accordance with section 233, modified as follows.
2
Omit section 233(1)(a) and the word “and” which follows it.
3
For the reference to the “pension input period of the arrangement that ends in the tax year” substitute a reference to the employer’s period of account in question.
Defined benefits arrangements
7
1
The individual’s pension input amount for a period of account in respect of a defined benefits arrangement shall be determined in accordance with sections 234 and 236, modified as follows.
2
In both sections, for each of the references to the “pension input period” and the “pension input period of the arrangement that ends in the tax year” substitute references to the employer’s period of account in question.
3
In section 234(4) and (5), in each of the definitions of PB, LSB, PE and LSE at the end add “ignoring (if it be the case) the fact that payment of any benefits, or the amount of any recognised transfer, is subject to a contingency mentioned in section 196A(2) or (3)”.
4
In section 234(6) omit the reference to section 235.
5
The amount of any relievable pension contributions paid by or on behalf of the individual under the arrangement during the period of account is to be subtracted from the closing value.
Hybrid arrangements
8
1
The individual’s pension input amount for a period of account in respect of a hybrid arrangement shall be determined in accordance with section 237, modified as follows.
2
Omit the references to sections 231 and 235.
3
Sections 230, 232 to 234 and 236 shall be modified in accordance with regulation 5, 6 or 7, as the case may be.
Restriction of relief
9
Aggregate the pension input amounts for the period of account in question in respect of each arrangement relating to the individual under the scheme.
10
An amount equal to the aggregate pension input amount in respect of that individual for the period of account in question shall not be subject to relief within the meaning in section 196A(4).
D. A. Hartnett
M. J. Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
14th December 2005


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Consular Fees Order 2005 and shall come into force on 1st July 2005.
2
In this Order —
“Crown Dependencies” means the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man;
“consular officer” means any person authorised by the Secretary of State to exercise consular functions, or functions in the United Kingdom which correspond with consular functions (including persons who are not, as well as persons who are, consular officers);
“consular employee” means any person in the administrative or technical service of the consular post or diplomatic mission;
“consular premises” means the building or parts of buildings used for the purposes of the consular post or diplomatic mission;
“entry clearance” means a visa, entry certificate, entry permit or other document which, in accordance with the applicable immigration laws or rules, is to be taken as evidence of a person’s eligibility for entry into the United Kingdom, a Crown Dependency, a British overseas territory, or any other country or territory, as the case may be (but does not include a work permit);
“fast-track service” means an application made in person, either by the applicant or another person acting on behalf of the applicant, which is to be processed within seven days of that application having been made;
“premium service” means an application made in person, either by the applicant or another person acting on behalf of the applicant, which is to be processed within twenty-four hours of that application having been made;
“fast-track collect service” means an application made in person, either by the applicant or by another person acting on behalf of the applicant, which is to be processed within seven days of that application having been made, and which permits the applicant or another person acting on behalf of the applicant to collect the passport in person.
3
The fees set forth in the table in the Schedule to this Order are prescribed to be levied by consular officers and by marriage officers under the Foreign Marriage Act 1892 and the Marriage with Foreigners Act 1906 in the execution of their duties, and the said table shall be construed as part of this Order.
4
The Consular Fees ( No. 2) Order 1999 is hereby revoked.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Service of Notices) (Amendment) Regulations 2005, and come into force on 6th April 2005.
Amendment of the Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001
2
After paragraph (2) in regulation 6 (deemed service) of the Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001 , insert —
3
Where —
a
a notice given under section 53(4) (exercise of own-initiative power: procedure) of the Act states that a variation of an authorised person’s Part IV permission takes effect immediately,
b
a notice given under section 78(2) (discontinuance or suspension: procedure) of the Act states that a discontinuance or suspension of the listing of any securities takes effect immediately, or
c
a notice given under section 259(3) (procedure on giving directions under section 257 and varying them on Authority’s own initiative) of the Act, or under regulation 27 (procedure on giving directions under regulation 25 and varying them on Authority’s own initiative) of the Open-Ended Investment Companies Regulations 2001 states that a direction to which it relates takes effect immediately,
that notice is to be treated as having been received at the time it is in fact received if that is earlier than the day on which paragraph (1) would otherwise require it to be treated as having been received.
.
Nick Ainger
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th February 2005


text:
1
This Order may be cited as the A500 Trunk Road in Cheshire (Basford-Hough-Shavington Bypass to M6 Junction 16) (Detrunking) Order 2005 and shall come into force on 3rd October 2005.
2
In this Order —
i
“the plan” means the plan, numbered HA 10/ TD /004, and marked “The A500 Trunk Road in Cheshire (Basford-Hough-Shavington Bypass to M6 Junction 16) (Detrunking) Order 2005” signed by the authority of the Secretary of State and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways, classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A500 Trunk Road.
3
The lengths of the trunk road described in the Schedules to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of theSecretary of State for Transport
A Ashburner
Divisional Director Highways Agency
8th August 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Sale or Supply) (Miscellaneous Amendment) Regulations 2005 and shall come into force on 30 th June 2005.
2
In these Regulations —
a
“the Child Safety Regulations ” means the Medicines (Child Safety) Regulations 2003 ;
b
“the Marketing Authorisations Regulations ” means the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 ; and
c
“the Sale or Supply Regulations ” means the Medicines (Sale or Supply)(Miscellaneous Provisions) Regulations 1980 .
Amendment of regulation 1 of the Marketing Authorisations Regulations
2
In regulation 1 of the Marketing Authorisations Regulations (citation, commencement and interpretation), in paragraph (2) —
a
after the definition of “registered midwife” , insert the following definition —
“registered optometrist” means a person whose name is entered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989 ;
;
b
in the definition of “relevant register” —
i
in paragraph (b) omit “and”;
ii
in paragraph (c), after “that register;” insert “and”; and
iii
after paragraph (c), insert —
d
in relation to a registered optometrist, the register of optometrists maintained under section 7(a) of the Opticians Act 1989;
; and
c
in the definition of “supplementary prescriber” —
i
in paragraph (c), omit “or”;
ii
in paragraph (d), after “radiographers: diagnostic or therapeutic,” insert “or”;
iii
after paragraph (d), insert —
e
a registered optometrist,
.
Amendment of regulation 1 of the Sale or Supply Regulations
3
In regulation 1 of the Sale or Supply Regulations (citation, commencement and interpretation), in paragraph (2)(a) —
a
after the definition of “the Act”, insert the following definition —
“additional supply optometrist” means a person who is registered as an optometrist, and against whose name particulars of the additional supply speciality have been entered in the relevant register
b
for the definition of “registered ophthalmic optician”, substitute the following definition —
“registered optometrist” means a person whose name is entered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989;
;
c
in the definition of “relevant register” —
i
in paragraph (b), omit “and”;
ii
in paragraph (c), after “that register;” insert “; and”; and
iii
after paragraph (c), insert —
d
in relation to a registered optometrist, the register of optometrists maintained under section 7(a) of the Opticians Act 1989;
; and
d
in the definition of “supplementary prescriber” —
i
in paragraph (c), omit “or”;
ii
after paragraph (d), insert —
e
a registered optometrist,
.
Amendment of regulation 5 of the Sale or Supply Regulations
4
In regulation 5 of the Sale or Supply Regulations (restrictions on persons to be supplied with certain medicinal products), in paragraph (2) —
a
in sub-paragraph (c) , for “registered ophthalmic optician”, substitute “registered optometrist”; and
b
after sub-paragraph (c), insert the following paragraph —
ca
to an additional supply optometrist, prescription only medicines which are prescription only medicines by reason only that they contain the substance Thymoxamine hydrochloride;
.
Amendment of regulation 8 of the Sale or Supply Regulations
5
In regulation 8 of the Sale or Supply Regulations (pack size on retail sale or supply of certain medicinal products on a general sale list), in paragraph (2A) , for “50 tablets” substitute “40 tablets”.
Amendment of regulation 1 of the Child Safety Regulations
6
In regulation 1 of the Child Safety Regulations (citation, commencement and interpretation), in paragraph (2) —
a
after the definition of “professional register ”, insert the following entry —
“registered optometrist” means a person whose name is entered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989;
;
b
in the definition of “relevant register ” —
i
in paragraph (a) omit “and”;
ii
in paragraph (b), after “”the Pharmacy (Northern Ireland) Order 1976;” insert “and”; and
iii
after paragraph (b) insert —
c
in relation to a person whose name is registered in that part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 , relating to —
i
chiropodists and podiatrists;
ii
physiotherapists; or
iii
radiographers: diagnostic or therapeutic;
that register; and
d
registered optometrists;
;
c
in the definition of “supplementary prescriber ” —
i
in paragraph (b), omit “or”;
ii
after paragraph (c), insert —
d
a person whose name is registered in that part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001, relating to —
i
chiropodists and podiatrists;
ii
physiotherapists; or
iii
radiographer: diagnostic or therapeutic; or
e
a registered optometrist,
;
iii
after “ an annotation” insert “or entry”.
Signed by authority of the Secretary of State for Health
Jane Kennedy
Minister of State for Quality and Patient Safety,
Department of Health
6th June 2005
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D.C. Gowdy
Permanent Secretary,
Department of Health and Social Services and Public Safety
6th June 2005
Sealed with the Official Seal of the Department of Agriculture and Rural Development
Pat Toal
Permanent Secretary
Department of Agriculture and Rural Development
3rd June 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pension Protection Fund (Investigation by PPF Ombudsman of Complaints of Maladministration) Regulations 2005.
2
These Regulations come into force on the day after the day on which they are made.
3
In these Regulations —
“ the Act ” means the Pensions Act 2004;
“the applicant”, in relation to a reference, means the person who made the relevant complaint about the referable matter that is the subject of the reference or, if that person was acting as the representative of another person, that other person;
“Investigation Committee” means the committee of the Board referred to in section 208(3)(b) of the Act (investigation by the Board of complaints of maladministration);
“referable matter” has the meaning given by regulation 2(3);
“the referring party” means the person who makes the reference under regulation 2 (but see regulation 16 (representation));
“relevant complaint” has the meaning given by section 208(2) of the Act (meaning of “relevant complaint”).
Reference of a referable matter
2
1
This regulation applies where, following a decision by the Board on matters complained of in a relevant complaint, those matters complained of —
a
have been investigated by the Investigation Committee and a decision given by it under regulations made under section 208(3)(b) of the Act; or
b
have been the subject of an application for such an investigation and decision by the Investigation Committee on which no decision has been given by that Committee by the relevant date.
2
Any referable matter may be referred to the PPF Ombudsman by––
a
the applicant; or
b
any other person to whom regulations made under section 208(4)(d)(ii) of the Act require notice of the decision to be given or, if that person is required to be given notice as the representative of another person, that other person.
3
For the purposes of these Regulations a matter is a referable matter if it is a matter that––
a
has been the subject of a relevant complaint in respect of which the Board has given a decision under regulations made under section 208(3)(a) of the Act; and
b
either —
i
has been the subject of an investigation by the Investigation Committee in respect of which it has given a decision under regulations made under section 208(3)(b) of the Act; or
ii
has been the subject of an application for such an investigation and decision by the Investigation Committee on which no decision has been given by that Committee by the relevant date.
4
In this regulation “the relevant date” means––
a
the date on which the Investigation Committee is required to give the decision under regulations made under section 208(4)(c)(ii) of the Act; or
b
if, on an application made to him by the applicant, the PPF Ombudsman is of the opinion that —
i
there is no real prospect of the Investigation Committee giving the decision by that date; and
ii
the matter should be investigated and determined by him,
the date he notifies to the applicant and any other person to whom regulations made under section 208(4)(d)(ii) of the Act require notice of the decision to be given as being the date by which he considers it reasonable that the decision should have been given.
Time for making a reference
3
A reference under regulation 2 must be sent to the PPF Ombudsman––
a
in the case of a referable matter within regulation 2(3)(b)(i), before the end of the period of 28 days beginning with the date that notice of the Investigation Committee’s decision under regulations made under section 208(4)(d)(ii) of the Act was sent to the referring party; and
b
in the case of a referable matter within regulation 2(3)(b)(ii), before the end of the period of 28 days beginning with —
i
the date that is the relevant date for the purposes of that regulation; or
ii
the date on which the relevant date is notified to the person making the reference under regulation 2(4)(b),
whichever is the later.
Form and content of a reference
4
1
A reference under regulation 2 must be made in writing and must include —
a
the name and address of the referring party;
b
a copy of the relevant decision;
c
the date on which notice of that decision was given;
d
the grounds on which the reference is made; and
e
if a representative has been appointed under regulation 16 to make the reference on behalf of another person, that person’s name and address and whether that address is the address to be used for the purposes of the reference.
2
In paragraph (1) “the relevant decision” means––
a
in the case of a referable matter within regulation 2(3)(b)(i), the decision of the Investigation Committee mentioned in that regulation; and
b
in the case of a referable matter within regulation 2(3)(b)(ii), the decision of the Board mentioned in regulation 2(3)(a).
3
The reference must be signed and dated by the referring party.
4
Where the reference is transmitted by means of an electronic communications network, the reference is treated as having been signed for the purposes of paragraph (3) if the identity of the referring party as the person responsible for making the reference can be established from the reference in such manner as the PPF Ombudsman directs for the purposes of this paragraph.
5
In paragraph (4) “electronic communications network” has the same meaning as in section 32 of the Communications Act 2003 (meaning of electronic communications network and services).
Procedure on receipt of a reference
5
1
As soon as practicable after receiving a reference that is duly made in accordance with regulations 3 and 4, the PPF Ombudsman must––
a
send a written acknowledgement of its receipt to the referring party and the Board; and
b
if the PPF Ombudsman considers that a person other than the referring party may be significantly adversely affected by his determination in relation to the matter, notify that person —
i
that a reference has been made;
ii
of the grounds on which the reference has been made;
iii
that the reference and any other documents relating to the reference that are sent to the PPF Ombudsman at any stage in the investigation of the reference, including any written representations made by the person under regulation 8, will be available for inspection at the offices of the PPF Ombudsman;
iv
that such representations will be copied to the referring party and the Board;
v
of the person’s rights under regulations 8 and 11; and
vi
of the effect of regulation 14(6).
2
The acknowledgement must state the date on which the reference was received.
3
The acknowledgement sent to the referring party must include a statement––
a
that any information or documents provided in support of the reference will be —
i
copied to the Board;
ii
made available for inspection by any person notified under paragraph (1)(b);
b
of the referring party’s rights under regulations 8 and 11; and
c
of the effect of regulation 14(6).
4
The acknowledgement sent to the Board must be accompanied by a notification of the grounds on which the reference has been made.
5
The notification under paragraph (1)(b) must be made in writing, but subject to that may be made in such manner as the PPF Ombudsman considers appropriate.
6
Unless paragraph (7) applies, as soon as practicable after receiving a reference that is not duly made in accordance with regulations 3 and 4 the PPF Ombudsman must inform the referring party that the reference was not duly made and that he will not be investigating the matter in question.
7
This paragraph applies if––
a
the reference is duly made in accordance with regulation 3 but not regulation 4;
b
the PPF Ombudsman is satisfied that the referring party can amend the reference so that it is duly made in accordance with regulation 4 within such period as the PPF Ombudsman requests; and
c
the reference is so amended.
Duty to investigate and determine a referable matter
6
1
Where a reference of a referable matter is duly made in accordance with regulations 3 and 4, the PPF Ombudsman must —
a
investigate the matter; and
b
determine what action, if any, the Board should take.
2
The determination must be reached and given before the end of the relevant period.
3
In paragraph (2) “the relevant period” means —
a
the period of 2 months beginning with the date on which the PPF Ombudsman concludes his investigation in relation to the matter; or
b
such longer period, beginning with that date, as he considers appropriate having regard to the referred matter involved, but not exceeding 6 months.
4
In any case where the Board —
a
states in writing that it does not oppose the complaint of maladministration involved in the referred matter;
b
withdraws its opposition to the complaint; or
c
fails to comply with a request from the PPF Ombudsman for information relating to the referred matter before the end of the period within which he has requested the information to be given,
the PPF Ombudsman may determine the matter forthwith without any further investigation.
Conduct of investigation: general
7
1
For the purposes of investigating the referred matter, the PPF Ombudsman may consider any evidence before him.
2
The PPF Ombudsman may —
a
conduct an oral hearing about the matter;
b
investigate the matter on the basis of the written evidence before him without holding an oral hearing;
c
consider evidence relating to the matter which was not before the Board or, as the case may be, the Investigation Committee;
d
refer any question which arises out of the matter to a person who, in the PPF Ombudsman’s opinion, is able to provide an expert opinion in relation to that question; and
e
without prejudice to his powers under regulation 15, where references are made on the same or substantially the same grounds and are supported by the same or substantially the same evidence, deal together with any issues arising in respect of two or more references made to him if those issues are the same or substantially the same.
3
The PPF Ombudsman may by notice in writing require any person who in the PPF Ombudsman’s opinion is able to produce documents necessary for the purposes of the investigation, to produce such documents in such manner, at such place and within such period as is specified in the notice.
4
But no person may be compelled for the purposes of any investigation or determination to give evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the court.
5
In paragraph (4) “the court” means —
a
in England and Wales, a county court; and
b
in Scotland, the sheriff.
6
Subject to the provisions of this regulation and any provision to the contrary in these Regulations, the procedure for conducting an investigation of a referred matter is such as the PPF Ombudsman considers appropriate in the circumstances of the case and, in particular, he may––
a
obtain information from such persons and in such manner;
b
make such inquiries; and
c
give such directions as to the conduct of any oral hearing,
as he thinks fit.
Written representations and right to request an oral hearing and be heard
8
1
The referring party, the Board and any person notified of the reference under regulation 5(1)(b) may —
a
make written representations to the PPF Ombudsman in respect of the referred matter;
b
request the PPF Ombudsman to hold an oral hearing about the referred matter; and
c
be heard or represented at any such oral hearing.
2
Written representations must be sent to the PPF Ombudsman before the end of the period of 28 days beginning with the day on which the PPF Ombudsman sends written acknowledgement of the receipt of the reference to the persons to whom it is required to be sent under regulation 5(1) (“the acknowledgement day”).
3
Where written representations are duly sent to the PPF Ombudsman in accordance with paragraph (2) by the referring party or the Board, he must as soon as practicable after receiving them —
a
send a copy of those representations to the Board or, as the case may be, the referring party; and
b
make those representations available for inspection by any person notified of the reference under regulation 5(1)(b).
4
Where written representations are duly sent to the PPF Ombudsman in accordance with paragraph (2) by a person notified of the reference under regulation 5(1)(b), the PPF Ombudsman must as soon as practicable —
a
send a copy of those representations to the referring party and the Board; and
b
make those representations available for inspection by any other person so notified under regulation 5(1)(b).
5
A request to the PPF Ombudsman to hold an oral hearing must be made in writing and be sent to the PPF Ombudsman before the end of the period of 28 days beginning with the acknowledgement day.
6
On receiving such a request, the PPF Ombudsman —
a
must consider it; and
b
if he considers that it is not appropriate to hold such a hearing, must give his reasons in writing to the person making the request.
Supplementary statements and amendment and withdrawal of a reference
9
1
The referring party may at any time during the investigation of a reference by the PPF Ombudsman, if the PPF Ombudsman consents, submit a supplementary statement in writing in respect of the reference.
2
The PPF Ombudsman must, as soon as practicable after receiving such a statement––
a
send a copy of it to the Board;
b
give notice of its submission in such form and manner as he considers appropriate to any person notified of the reference under regulation 5(1)(b); and
c
make it available for inspection by any such person.
3
If the PPF Ombudsman consents, the referring party may at any time during the investigation of a reference by the PPF Ombudsman —
a
withdraw the reference or supplementary statement; or
b
amend the content of the reference or supplementary statement.
4
Such a withdrawal or amendment must be made by giving notice in writing to the PPF Ombudsman.
5
The PPF Ombudsman must, as soon as practicable after receiving such a notice––
a
send a copy of it to the Board;
b
give notice of it in such form and manner as he considers appropriate to any person notified of the reference under regulation 5(1)(b); and
c
in the case of an amendment, make it available for inspection by any such person.
Time and place of oral hearings
10
1
If the PPF Ombudsman decides that it is appropriate to hold an oral hearing in connection with the investigation of a referable matter that has been referred to him, he must fix the time and place of the hearing, having due regard to any representations made to him by the referring party and the Board about the time and place that would be convenient for them.
2
The PPF Ombudsman must send a notice of the time and place to —
a
the referring party;
b
the Board;
c
any person notified of the reference under regulation 5(1)(b); and
d
any other person the PPF Ombudsman considers appropriate.
3
The notice —
a
must be sent not later than 21 days before the date of the hearing or by such later time as the referring party and the Board agree; and
b
may be given in such manner and take such form as the PPF Ombudsman considers appropriate.
4
The PPF Ombudsman must include with the notice a statement explaining —
a
the purpose of the hearing;
b
the rights of the referring party, the Board and any person notified of the reference under regulation 5(1)(b) to —
i
make oral representations at the hearing;
ii
call witnesses at the hearing to give evidence that is relevant to the matter being investigated; and
iii
send written representations to the PPF Ombudsman not later than 14 days before the date of the hearing if they do not intend to attend the hearing;
c
that any person notified of the hearing may appoint a person to act on his behalf; and
d
that if the referring party, the Board or a person notified of the reference under regulation 5(1)(b) fails to —
i
attend the hearing; or
ii
send written representations to the PPF Ombudsman at least 14 days before the date of the hearing,
the PPF Ombudsman may decide the matter without providing a further opportunity for that person to make oral or written representations in respect of it.
5
If the PPF Ombudsman considers it necessary to alter the time or place of the hearing, he must give the persons mentioned in paragraph (2) notice of the alteration not less than 7 days before––
a
the date on which the hearing was to have taken place; or
b
if it is earlier, the date on which it is to take place after the alteration,
or at such later time as the referring party and the Board may agree.
6
The PPF Ombudsman may, if he considers it necessary, adjourn the hearing.
7
In any case where the hearing is adjourned, no further notice need be given by the PPF Ombudsman under this regulation if the time and place at which the hearing will be reconvened are announced before the adjournment.
Attendance at oral hearings
11
1
At an oral hearing —
a
the referring party;
b
the Board;
c
any person notified of the reference under regulation 5(1)(b); or
d
any person appointed by a person within sub-paragraphs (a) to (c) to act on his behalf at the hearing,
may call witnesses to give evidence that is relevant to the matter being investigated.
2
Not later than 14 days before the date of the hearing the referring party, the Board and any person notified of the reference under regulation 5(1)(b) must––
a
inform the PPF Ombudsman in writing about —
i
whether that person intends to be represented at the oral hearing; and
ii
whether that person or any person so appointed intends to call any witnesses to give evidence at the hearing and, if so, the names of those witnesses; and
b
if that person or any person so appointed intends to call a witness at the hearing, provide the PPF Ombudsman with an outline summary in writing of the evidence of the witness.
3
If any person notified of the time and place of a hearing under regulation 10 fails to attend the hearing, the PPF Ombudsman may —
a
adjourn the hearing; or
b
conduct the hearing and determine the matter based on the evidence before him.
4
The PPF Ombudsman has the same power as the court —
a
in respect of the attendance and the examination of witnesses, including examination of witnesses abroad; and
b
in respect of the production of documents.
5
But the PPF Ombudsman may at an oral hearing receive evidence of any fact which appears to him to be relevant, notwithstanding that the evidence would be inadmissible in civil proceedings before the court, and must admit evidence which would be admissible in such proceedings and is relevant.
6
In paragraphs (4) and (5), “the court” means —
a
in England and Wales, a county court; or
b
in Scotland, the sheriff.
Oral hearings usually to be held in public
12
1
An oral hearing must be held in public unless in the opinion of the PPF Ombudsman it is appropriate for the hearing, or any part of it, to be held in private.
2
Where a hearing, or any part of a hearing, is held in private, the PPF Ombudsman may permit any person to attend the hearing or, as the case may be, the part held in private.
3
A person whose conduct has disrupted or is likely to disrupt a hearing may be excluded by the PPF Ombudsman.
Costs and expenses
13
1
Where under regulation 7(2)(d), the PPF Ombudsman refers a question which arises out of a matter referred to him to a person who, in his opinion, is able to provide an expert opinion in relation to that question, the PPF Ombudsman may pay that person such amount as he considers reasonable in respect of costs or expenses reasonably incurred by that person in connection with that referral.
2
Where an oral hearing is held, the PPF Ombudsman may pay —
a
the referring party;
b
any person notified of the reference under regulation 5(1)(b);
c
any witness who has been requested to attend the hearing and give evidence;
d
any person to whom notice of the hearing was sent under regulation 10(2)(d); or
e
any person appointed under regulation 10(4)(c);
such amount as the PPF Ombudsman considers reasonable in respect of costs or expenses reasonably incurred by that person, with the prior approval of the PPF Ombudsman, in connection with the person’s attendance at the hearing.
3
Where an oral hearing is held and the PPF Ombudsman is of the opinion that ––
a
the referring party, the Board, any person notified of the reference under regulation 5(1)(b) or any person to whom notice of the hearing was sent under regulation 10(2)(d) acted vexatiously;
b
the conduct of the referring party in making or pursuing the reference was unreasonable; or
c
the conduct of the Board in opposing the allegation of maladministration involved in the referred matter was unreasonable,
he may direct the person who acted, as the case may be, vexatiously or unreasonably to pay any such person as is mentioned in paragraph (2)(a) to (e) such amount as the PPF Ombudsman considers reasonable in respect of costs or expenses reasonably incurred by that person, with the prior approval of the PPF Ombudsman, in connection with the person’s attendance at the hearing.
4
A direction may be given to the referring party under paragraph (3) despite the fact that he has withdrawn the reference.
5
Before giving a direction to a person under paragraph (3), the PPF Ombudsman must give the person an opportunity to make representations.
Reaching and giving determinations and consequential directions
14
1
If the PPF Ombudsman determines that the decision of the Investigation Committee or, as the case may be, the Board about the referable matter referred to him was reached correctly, he must —
a
determine that it is not appropriate for the Board to take any action in relation to the matter; and
b
give the Board any directions he considers appropriate.
2
If the PPF Ombudsman determines that that decision was not reached correctly, he must —
a
determine what action, if any, the Board should take in relation to the matter; and
b
give the Board such directions as he considers appropriate under paragraph (3).
3
The PPF Ombudsman may direct the Board —
a
to pay such compensation as he considers appropriate to such persons as he considers have sustained injustice in consequence of the matters complained of and specifies in the direction;
b
to take, or refrain from taking, such other steps as he may so specify.
4
The determination and directions must be in writing and must include —
a
a statement of the reasons for them; and
b
an explanation as to whether and, if so, to what extent the Board is directed to —
i
vary or revoke a determination, direction or other decision previously made by the Investigation Committee or, as the case may be, the Board; or
ii
revoke such a determination or direction or other decision and replace it with a different determination, direction or other decision.
5
The PPF Ombudsman must––
a
give notice of the determination and any directions to —
i
the referring party;
ii
the Board; and
b
notify the following persons of them in such form and manner as he considers appropriate —
i
any person notified of the reference under regulation 5(1)(b); and
ii
any person to whom he has directed that compensation is to be paid.
6
Subject to section 217 of the Act (determinations of the PPF Ombudsman), the determination and directions are final and binding on the persons to whom notice or notification is given under paragraph (5)(a) or (b).
7
The Board has power to do anything that the PPF Ombudsman directs under this regulation.
8
If the Board is directed under this regulation to —
a
vary a determination, direction or other decision previously made by the Investigation Committee or, as the case may be, the Board; or
b
replace such a determination or direction or other decision with a different determination, direction or other decision,
it must send a copy of the varied or replacement determination, direction or other decision to the PPF Ombudsman, the referring party and any person notified of the reference under regulation 5(1)(b).
Combining references or references and reviews
15
1
Where––
a
two or more references are made to the PPF Ombudsman in connection with the same referable matter; and
b
the references are made on the same or substantially the same grounds and are supported by the same or substantially the same evidence,
for the purposes of these Regulations he may treat them as a single reference and make a single determination with directions, and references in these Regulations to the reference are to be read accordingly.
2
Such a single determination may relate to all the references or the PPF Ombudsman may —
a
treat one or more of the references as representative of them all; and
b
make a single determination with directions relating to the representative reference or references.
3
Where a reference (“the first reference”) has been determined under these Regulations, the PPF Ombudsman may make determinations and give directions on the same basis in respect of other references if they are made on the same or substantially the same grounds and supported by the same or substantially the same evidence as the first reference.
4
For the purposes of paragraph (3) it does not matter whether the other references were made before or after the first reference.
5
Where it appears to the PPF Ombudsman appropriate to do so, he may include in one determination––
a
his determination of a reference under these Regulations; and
b
his determination of a reference of a reviewable matter following a reconsideration decision under regulations made under section 207(1)(b) of the Act or by virtue of section 207(3)(b) of the Act in respect of the matter.
6
If the PPF Ombudsman proposes to exercise the powers under paragraph (1), (2), (3) or (5) he must notify the relevant persons of the proposal and of those persons' rights under paragraph (8).
7
The notification under paragraph (6) may be made in such manner and take such form as the PPF Ombudsman considers appropriate.
8
Any relevant person may make written representations to the PPF Ombudsman before the end of the period of 14 days beginning with the day on which the relevant persons are notified under paragraph (6), objecting to the proposal as respects the reference in relation to which he is a relevant person.
9
On receiving such representations about a reference, the PPF Ombudsman —
a
must consider them; and
b
if he considers that it is appropriate to exercise the powers in question in relation to the reference in the way proposed in the notification, give his reasons in writing to the relevant person making the representations.
10
For the purposes of this regulation a person is a relevant person in relation to a reference if he is––
a
the referring party;
b
the Board; or
c
a person notified under regulation 5(1)(b) in respect of the reference or required to be so notified.
Representation
16
1
A person within regulation 2(2)(a) or (b) may appoint a person to act as his representative for the purposes of these Regulations by sending written notice of the appointment to the PPF Ombudsman.
2
Where a person within regulation 2(2)(a) or (b) —
a
dies;
b
is a minor; or
c
is otherwise incapable of acting for himself,
the PPF Ombudsman may allow a person to represent, or to continue to represent, him for the purposes of these Regulations.
3
In any case where by virtue of this regulation a representative is acting on behalf of a person for the purposes of these Regulations, any reference to the person in these Regulations is to be read as a reference to the representative acting in his capacity as such, except where the context otherwise requires.
Restriction on use of documents and information provided for investigations
17
It is a condition of the supply or making available for inspection of any document or other information under these Regulations that any person to whom it is supplied or made available for inspection may only use it —
a
for the purposes of the reference;
b
if the PPF Ombudsman proposes to exercise or has exercised his power under regulation 15(1), (2) or (3) in respect of the reference, for the purposes of any other reference as to which he is exercising that power; or
c
if the PPF Ombudsman proposes to exercise or has exercised his power under regulation 15(5) to include in one determination––
i
his determination of a reference under these Regulations; and
ii
his determination of a reference of a reviewable matter following a reconsideration decision under regulations made under section 207(1)(b) of the Act or by virtue of section 207(3)(b) of the Act in respect of the matter,
for the purposes of the reference of the reviewable matter.
Miscellaneous powers of the PPF Ombudsman
18
1
The PPF Ombudsman may —
a
extend any period of time for doing any act under these Regulations, except the period of 6 months for giving a determination under regulation 6(3)(b) or a notice under regulation 10(3) or (5); and
b
at any stage of an investigation under these Regulations —
i
order any reference or written representation received by him to be struck out or amended on the ground that it is trivial, frivolous, scandalous or vexatious; or
ii
order the discontinuance of any investigation if he considers it appropriate to do so.
2
Before making an order under paragraph (1)(b), the PPF Ombudsman must––
a
send notice that he proposes to make it to the referring party or, as the case may be, the person who made the representation; and
b
give him the opportunity to show cause why such an order should not be made.
Irregularities
19
1
Any irregularity resulting from failure to comply with any provisions of these Regulations concerning any proceedings does not of itself render the proceedings void.
2
Clerical mistakes in any determination made or direction given under these Regulations or any error in such a document arising from an accidental slip or omission may be corrected by the PPF Ombudsman by certificate under his hand.
Substituted service
20
1
This regulation applies if––
a
any person to whom any document is required to be sent or delivered for the purposes of these Regulations––
i
cannot be found;
ii
has died and has no known personal representative; or
iii
is out of the United Kingdom; or
b
for any other reason service on such a person cannot be readily effected.
2
The PPF Ombudsman may––
a
dispense with service on such a person; or
b
make an order for substituted service on such other person and in such form and manner (whether by advertisement in a newspaper or otherwise) as he considers appropriate.
Signed by authority of the Secretary of State for Work and Pensions.
Philip A. Hunt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
20th July 2005


text:
Citation and commencement
1
1
These Regulations may be cited as the European Communities (Recognition of Professional Qualifications) (First General System) Regulations 2005.
2
These Regulations shall come into force on 9th February 2005.
Interpretation
2
1
In these Regulations the following words and phrases have the following meanings (and cognate expressions shall be construed accordingly) —
“adaptation period” means a period of practice of a regulated profession in the United Kingdom under the supervision of a qualified member of that profession, required by a designated authority pursuant to regulation 6(1)(b);
“another relevant State” means a relevant State other than the United Kingdom;
“appeal body” means, in respect of any regulated profession, the body, court or person specified in relation to that profession in Schedule 4;
“aptitude test” means a test required by a designated authority pursuant to regulation 6(1)(b);
“competent authority” means, in relation to any
document, certificate, diploma or qualification, or
period of professional experience,
referred to in these Regulations, the authority, body or person in a relevant State authorised under the laws, regulations or administrative provisions of that State, to issue, award or recognise such document, certificate, diploma or qualification, or to certify any such period;
“corresponding profession” means a profession, the pursuit of which in another relevant State includes a substantial number of the professional activities comprised in the pursuit of the profession in the United Kingdom which is the subject of the migrant’s application;
“designated authority” means a body or authority designated in relation to a regulated profession by regulation 4 and any qualifying body referred to in regulations 11(2) and 12(3);
“diploma” means any diploma, certificate or other evidence of formal qualifications awarded by a competent authority in a relevant State —
which shows that the holder:
has successfully completed a post-secondary course of at least three years' duration (or of an equivalent duration part-time) at a university or an establishment of higher education or an establishment of equivalent level;
has successfully completed any additional professional training required; and
has the qualifications required for the practice of a regulated profession in that State;
provided that either:
the education and training attested were received mainly within the relevant States; or
the holder has had at least three years' professional experience certified by a competent authority in that State (being a State which recognised a diploma, certificate or other evidence of formal qualifications obtained in a non relevant State); or
which was awarded on the successful completion of education and training received within the relevant States, and which —
has been recognised by a competent authority in that State as equivalent in level to a diploma to which sub-paragraph (a) applies; and
confers the same rights in respect of the practice of a regulated profession in that State;
“the Directive” means Council Directive 89/48/ EEC on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration as amended by Directive 2001/19/ EC ;
“migrant” means a national of a relevant State applying under these Regulations to a designated authority for authorisation to practise;
“native applicant” means a national of a relevant State applying to a designated authority for authorisation to practise, the qualifications of whom were obtained wholly within the United Kingdom;
“practise” in relation to any regulated profession, includes —
the taking up or pursuit of the profession in a relevant State, whether in a self-employed capacity or as an employed person; and
the right to use, in the course of such pursuit, a professional title or designatory letters, or the enjoyment of any special status corresponding to a diploma, granted by a designated authority for that profession;
“professional association” means an association or organisation, recognised in special form by a relevant State, the purpose of which is, in particular, to promote and maintain a high standard in the professional field with which it is concerned and which, to that end —
prescribes and enforces respect within it membership for, rules of professional conduct; and awards a diploma to its members; and
confers on its members the right to use one or more professional titles or designatory letters or to benefit from a status corresponding to that diploma;
“professional experience” means the lawful pursuit in a relevant State of a profession corresponding to the regulated profession which is the subject of the migrant’s application;
“regulated education and training” means education or training which —
is directly geared to the practice of a defined profession in a relevant State and
comprises a post-secondary course of at least three years' duration, or an equivalent duration part-time, at a university or higher education establishment or in another establishment of equivalent level, and any additional professional training, professional traineeship or professional practice required, the structure and level of which is determined by the laws, regulations or administrative provisions of that relevant State or monitored or approved by the competent authority;
“regulated profession” means –
in the United Kingdom —
a profession in respect of which a designated authority is specified in Schedule 1 and the profession of company auditor as defined in section 24(2) of the Companies Act 1989 and Article 27(2) of the Companies (Northern Ireland) Order 1990 , or
at any time when a designated authority is not specified, if and in so far as any professional activity or range of activities which constitutes the profession is a regulated professional activity;
in another relevant State if and in so far as any professional activity or range of such activities which constitutes the profession is regulated as a professional activity;
“regulated professional activity” means that a professional activity is regulated in a relevant State if and in so far as —
the practice, or any mode of practice, of that activity in that relevant State is subject, directly or indirectly, by virtue of laws, regulations or administrative provisions to the possession of a diploma; or
it is practiced under a professional title, or designatory letters the use of which is reserved to holders of a diploma governed by laws, regulations or administrative provisions; or
it relates to health and the remuneration or reimbursement received for the practice of the activity in the relevant state in question is, by virtue of national arrangements for the administration of social security, subject to the possession of a diploma; or
it is practiced by members of a professional association;
“relevant State” means a member State, Iceland, Norway, Liechtenstein or Switzerland.
2
A reference in these Regulations to “the United Kingdom” shall, as the context requires, include a reference to any of the following: England and Wales, Scotland, and Northern Ireland.
3
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.
Application
3
These Regulations shall apply notwithstanding any enactment or rule of law, including any provision in any charter, bye-law or other rule (however described) governing any designated authority.
Designated authorities
4
1
The designated authority for a regulated profession in the United Kingdom, other than the profession of company auditor as defined in section 24(2) of the Companies Act 1989 and Article 27(2) of the Companies (Northern Ireland) Order 1990, is the body or authority specified in relation to that profession in Schedule 1, or at any time when a designated authority is not so specified is the competent authority for any regulated profession or regulated professional activity.
2
Without prejudice to its other powers and functions, a designated authority shall have the function of considering applications and granting authorisations under these Regulations.
Right to practise in the United Kingdom
5
1
Subject to regulation 6, a designated authority for a regulated profession may not, on grounds of inadequate qualifications, refuse to authorise a migrant to practise the profession on the same conditions as apply to someone who holds the diploma required of native applicants, if —
a
the migrant holds the diploma required in another relevant State for the practice of a corresponding profession regulated by that State, the diploma having been awarded in a relevant State; or
b
the migrant produces evidence that he holds formal qualifications which satisfy the requirements of sub-paragraph (2) below and either —
i
the qualifications were awarded on completion of regulated education and training; or
ii
the migrant has within the ten years immediately prior to his application pursued a corresponding profession for at least two years full-time (or equivalent duration part-time) in a relevant State in which the profession is not regulated.
2
Formal qualifications satisfy the requirements of this sub-paragraph if they are:
a
formal qualifications awarded by a competent authority in a relevant State which —
i
show that the migrant has successfully completed a post-secondary course of at least three years' duration (or equivalent duration part-time) at a university or an establishment of higher education or an establishment of equivalent level in a relevant State;
ii
show the migrant has successfully completed any additional professional training required; and
iii
prepared the migrant for the corresponding profession;
or
b
formal qualifications awarded by a competent authority in a relevant State on the successful completion of education and training within the relevant State, and recognised by a competent authority in that State as equivalent to the qualifications specified in sub-paragraph (2)(a) of this regulation; provided that notification of such recognition has been duly given in accordance with Article 3(b) of the Directive.
Professional experience, adaptation periods and aptitude tests
6
1
A designated authority may, before authorising the migrant to practise the regulated profession, require him to satisfy one or other of the following conditions (but not both) —
a
where the duration of the education and training received by the migrant, as appears from the matters established by him pursuant to regulation 5, is at least one year less than that required of native applicants, he may be required to provide evidence of a period of professional experience; and the provisions of Schedule 2 shall have effect with respect to the length of that period;
b
in the circumstances specified in paragraph (3) of this regulation (but subject to paragraphs (2) and (3), the migrant may be required either —
i
to complete an adaptation period not exceeding three years with a successful assessment; or
ii
to pass an aptitude test.
2
Where a requirement is imposed pursuant to sub-paragraph (1)(b) of this regulation, the choice between an adaptation period and an aptitude test shall be that of the migrant, except in the case of the regulated professions specified in Schedule 3 (where the provisions of that Schedule shall apply).
3
If a designated authority intends to require the migrant to complete an adaptation period or take an aptitude test it must first examine whether the knowledge acquired by the migrant in the course of his professional experience is such that it fully or partly covers the substantial difference referred to in paragraph (4).
4
The circumstances referred to in sub-paragraph (1)(b) of this regulation are where the matters covered by the education and training received by the migrant, as established by him pursuant to regulation 5, differ substantially from those covered by the diploma required of native applicants.
Requirements in relation to aptitude tests
7
1
An aptitude test shall be limited to the professional knowledge of the migrant and shall have the aim of assessing his ability to pursue the relevant regulated profession in the United Kingdom. The test shall take into account that he is a qualified professional in another relevant State.
2
The designated authority shall determine the matters to be covered by the aptitude test as follows:
a
the designated authority shall establish which subjects covered by the diploma required of native applicants are not already covered by the migrant’s diploma or other evidence of formal qualifications;
b
the test shall cover subjects selected from those so established, the knowledge of which is essential for the pursuit of the regulated profession in the United Kingdom;
c
the test may include knowledge of the relevant rules of professional conduct.
3
The professional status of a migrant preparing for the aptitude test shall be a matter for the designated authority.
Requirements in relation to adaptation periods
8
1
The designated authority shall determine the detailed requirements of the adaptation period, having regard to the circumstances of each individual migrant and, in particular, to the fact that he is a qualified professional in another relevant State.
2
The migrant may be required to undergo further training during the adaptation period.
3
The migrant’s performance during the adaptation period shall be assessed by the designated authority.
4
The professional status of a migrant during the adaptation period shall be a matter for the designated authority.
Evidence from competent authorities
9
1
A designated authority shall, in connection with any matter requiring to be established pursuant to regulation 5 or 6, accept as sufficient evidence thereof the certificates or other documents duly issued by a competent authority of the relevant State for the purpose of attesting such matters.
2
A designated authority which —
a
requires of a migrant for authorisation to practice proof that he is of good character or repute, or that he has not been declared or adjudged bankrupt, or had a bankruptcy or similar order made against him or in relation to his estate; or
b
suspends or prohibits practise in the event of serious professional misconduct or the commission of a criminal offence;
shall accept as sufficient evidence in relation to the foregoing:
i
the documents showing the relevant conditions are met, duly issued by the competent authorities of the relevant State of origin of the migrant, the relevant State from which the migrant comes or the relevant State in which the migrant formerly qualified or practised; or
ii
where those authorities do not issue such documents, a declaration on oath or solemn declaration to the required effect, made by the migrant before a competent judicial or administrative authority or (where appropriate) a notary or duly qualified professional body of the relevant State; provided that in each case such declaration is authenticated by a certificate issued by the authority, notary or body.
3
A designated authority which requires of persons wishing to practise a certificate of physical or mental health, shall accept as sufficient evidence thereof the documents required for such a purpose in the relevant State of origin of the migrant, the relevant State from which the migrant comes or the relevant State in which the migrant formerly qualified or practised, or (where none are required in those States) a certificate issued by a competent authority there which corresponds to the certificate issued for that purpose in the United Kingdom.
4
A designated authority may require any document or certificate referred to in paragraph (2) or (3) of this regulation to be presented no more than three months after the date of its issue.
5
Where a designated authority requires migrants to take an oath or make a solemn declaration, the form of which is such that it cannot be taken or made by nationals of another relevant State, it shall ensure that an appropriate equivalent form of oath or declaration is available for those nationals.
6
A designated authority which requires proof of financial standing in respect of a migrant for authorisation to practise shall, in respect of a migrant, regard certificates issued by banks in the relevant State of origin of the migrant, the relevant State from which the migrant comes or the relevant State in which the migrant formerly qualified or practised as equivalent to those issued by banks in the United Kingdom.
7
Subject to paragraph (8) a designated authority which requires proof that a migrant for authorisation to practise is insured against the financial risks arising from the migrant’s professional liability shall in respect of a migrant accept certificates issued by insurance undertakings of other relevant States as equivalent to those issued by insurance undertakings in the United Kingdom.
8
Any certificate referred to in paragraph (7) shall state that the insurer has complied with the laws and regulations in force in the United Kingdom regarding the terms and extent of cover and shall be presented no more than three months after the date of issue.
Use of professional title
10
1
A migrant who has been granted authorisation to practise a regulated profession pursuant to these Regulations shall have the right to use —
a
the professional title and designatory letters applicable to that profession in the United Kingdom; and
b
the lawful academic title (and where appropriate the abbreviation thereof) acquired by him in the relevant State in which he formerly qualified and in the language of that State.
2
Where the migrant makes use of the possibility provided for in sub-paragraph (1)(b) of this regulation, the designated authority may require that the title shall be followed by the name and location of the establishment or examining board which awarded it.
3
Where the migrant makes use of the possibility provided for in sub-paragraph (1)(a) of this regulation, and the profession is one of those specified in Part 2 of Schedule 1 (Professions regulated by professional bodies incorporated by Royal Charter), he shall only be entitled to use the professional title or designatory letters on proof of membership of the relevant body.
4
Where membership of a professional body is subject to any qualification requirements, such requirements may be applied to a migrant who satisfies condition (a) or (b) of regulation 5(1) only so far as they are consistent with the provisions of these Regulations.
Special provisions for company auditors
11
1
In this regulation —
a
“ the Act ” means the Companies Act 1989;
b
“company auditor” has the meaning given in section 24(2) of the Act;
c
“qualifying body” means a body offering a qualification in respect of which there is for the time being in force an order made by the Secretary of State pursuant to paragraph 2 of Schedule 12 to the Act; and
d
“supervisory body” means a body in respect of which there is for the time being in force an order made by the Secretary of State pursuant to paragraph 2 of Schedule 11 to the Act.
2
Any qualifying body is a designated authority for the regulated profession of company auditor and may accordingly authorise a migrant as qualified to practise that profession.
3
A migrant so authorised shall be eligible for appointment as a company auditor only if he satisfies the conditions for eligibility laid down in Part II of the Act.
4
Notwithstanding anything in Part II of Schedule 11 to the Act, in the case of a migrant who has been granted authorisation to practise by a qualifying body pursuant to these Regulations and who has satisfied any requirements imposed by that body under regulation 6, a supervisory body may not exclude the migrant from membership, or otherwise limit his eligibility for appointment, on any ground related to his previous education and training or to the length of his previous professional experience or practice.
5
Regulation 9 shall apply to supervisory bodies as it applies to designated authorities.
6
References, in Part II of the Act, to individuals holding an appropriate qualification are to be construed as including individuals who have been authorised to practise by a qualifying body pursuant to these Regulations and who have fulfilled any requirements imposed pursuant to regulation 6.
Special provisions for company auditors in Northern Ireland
12
1
This regulation applies to Northern Ireland only.
2
In this regulation —
a
“ the Order ” means the Companies (Northern Ireland) Order 1990;
b
“company auditor” has the meaning given in Article 27(2) of the Order;
c
“qualifying body” means a body offering a qualification in respect of which there is for the time being in force an order made by the Department of Enterprise, Trade and Investment pursuant to paragraph 2 of Schedule 12 to the Order;
d
“supervisory body” means a body in respect of which there is for the time being in force an order made by the Department of Enterprise, Trade and Investment pursuant to paragraph 2 of Schedule 11 to the Order.
3
Any qualifying body in Northern Ireland is a designated authority for the regulated profession of company auditor and may accordingly authorise a migrant as qualified to practise that profession.
4
A migrant so authorised shall be eligible for appointment as a company auditor only if he satisfies the conditions for eligibility laid down in Part III of the Order.
5
Notwithstanding anything in Part II of Schedule 11 to the Order, in the case of a migrant who has been granted authorisation to practise by a qualifying body pursuant to these Regulations and who has satisfied any requirements imposed by that body under regulation 6, a supervisory body may not exclude the migrant from membership, or otherwise limit his eligibility for appointment, on any ground related to his previous education and training or to the length of his previous professional experience or practice.
6
Regulation 9 shall apply to supervisory bodies in Northern Ireland as it applies to designated authorities.
7
References, in Part III of the Order, to individuals holding an appropriate qualification are to be construed as including individuals who have been authorised to practise by a qualifying body pursuant to these Regulations and who have fulfilled any requirements imposed pursuant to regulation 6.
Decisions of designated authorities and appeals
13
1
A designated authority for a regulated profession shall consider the migrant’s application as soon as is reasonably practicable, and shall notify him of its decision together with the reasons upon which it is based within four months of receipt of all the relevant documents.
2
Where a designated authority imposes a requirement pursuant to paragraph (1) of regulation 6, the decision referred to above shall include —
a
in the case of a period of professional experience, a determination of the length of that period;
b
in the case of an adaptation period, a determination of the length of the period and the training, if any, required;
c
in the case of an aptitude test, a determination of the matters to be covered by the test.
3
For the purposes of this regulation, if a designated authority fails to take a decision and notify it to the migrant within the period mentioned in paragraph (1) of this regulation, it shall be deemed to have taken a decision to reject his application and to have notified it to him on the last day of that period.
4
Within three months of the notification to him of the designated authority’s decision, or thereafter with leave of the appeal body, the migrant may appeal against the decision to the appeal body specified in Schedule 4.
5
An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority —
a
give any authorisation to practise and impose any condition which the designated authority could give or impose in relation to that profession; or
b
remit the matter to the designated authority with such directions as the appeal body sees fit.
6
Without prejudice to any powers of the Court of Session in Scotland to regulate the proceedings of itself and those of the sheriff courts, an appeal body listed in paragraph 1 of Schedule 4 in England and Wales or Northern Ireland may make rules of procedure governing the hearing and determination of any appeal under these Regulations against the decision of a designated authority. Such rules may make different provision for different cases.
Information from designated authorities
14
Designated authorities shall provide the Secretary of State with such information (including statistical information) as he may require concerning applications made and decisions taken under these Regulations.
Revocation
15
The following Regulations are hereby revoked —
a
The European Communities (Recognition of Professional Qualifications) Regulations 1991
b
The European Communities (Recognition of Professional Qualifications) (Amendment) Regulations 2000
c
The European Communities (Recognition of Professional Qualifications) (Amendment) Regulations 2002
Kim Howells
Minister of State
Department for Education and Skills
10th January 2005


text:
Citation
1
This Order may be cited as the St John’s Church of England First and Middle School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The St John’s Church of England First and Middle School, 1 Embry Way, Stanmore, Middlesex, HA7 3AX, 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
9th June 2005


text:
Citation, application and interpretation
1
1
This Order may be cited as the National Health Service (Primary Care) Act 1997 (Commencement No.10) Order 2005.
2
Article 2 applies in relation to England only.
3
Articles 3 and 4(1) apply in relation to Wales only.
4
Article 4(2) applies in relation to England and Wales.
5
In this Order, “ the Act ” means the National Health Service (Primary Care) Act 1997.
Appointed day (England)
2
1st December 2005 is the day appointed for the coming into force of the following provisions of the Act —
a
section 21(1) and (3) (provision of personal medical or dental services) in so far as not already in force; and
b
in Schedule 2, paragraph 65(1) and (2) (amendments) in so far as not already in force.
Appointed day (Wales)
3
1st December 2005 is the day appointed for the coming into force of the following provisions of the Act only in so far as they relate to personal dental services —
a
section 21(1) and (3) (provision of personal medical or dental services);
b
section 22(1) (supplementary regulations); and
c
in Schedule 2, paragraph 65(1) and (2) (amendments).
Revocations
4
1
Article 3 of the National Health Service (Primary Care) Act 1997 (Commencement No. 4) Order 1998 (references to certain terms) and article 3(1) and (2) of the National Health Service (Primary Care) Act 1997 (Commencement No. 5) Order 1998 (references to certain terms) are revoked from 1st April 2006 in so far as they relate to personal dental services.
2
In the National Heath Service (Primary Care) Act 1997 (Commencement No. 6) Order 1998 —
a
article 2(2); and
b
the words “Subject to paragraph (2),” in article 2(1),
are revoked from 1st April 2006.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
20th October 2005


text:
Citation, commencement and application
1
1
This Order may be cited as the Social Landlords (Additional Purposes or Objects) (Amendment) (England) Order 2005 and shall come into force on 5th November 2005.
2
The Order applies in relation to bodies eligible for registration as social landlords by the Housing Corporation in England .
Amendment of the Social Landlords (Permissible Additional Purposes or Objects) Order 1996
2
1
The Social Landlords (Permissible Additional Purposes or Objects) Order 1996 is amended as follows.
2
In article 2 (interpretation) —
a
in paragraph (1) for the definition of “qualifying lending institution”, substitute —
“qualifying lending institution” means —
the Housing Corporation; or
a person who —
is an authorised person within the meaning given to that expression by section 31 of the Financial Services and Markets Act 2000 , and
has permission under that Act to enter into a regulated mortgage contract as lender;
“regulated mortgage contract” has the meaning given by article 61(3)(a) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
;
b
in paragraph (2) delete sub-paragraphs (b) and (c).
3
In article 3 (additional permissible purposes or objects), after paragraph (c), add —
d
disposing of houses on leases —
i
granted on a payment of premium calculated by reference to a percentage of the value of the house or the cost of providing it, or
ii
under which the tenant (or his personal representatives) will or may be entitled to a sum calculated by reference directly or indirectly to the value of the house.
.
Amendment of the Social Landlords (Additional Purposes or Objects) Order 1999
3
1
Article 3 (Priority of mortgages) of the Social Landlords (Additional Purposes or Objects) Order 1999 is amended as follows.
2
For the definition of “qualifying lending institution”, substitute —
“qualifying lending institution” means —
the Housing Corporation; or
a person who —
is an authorised person within the meaning given to that expression by section 31 of the Financial Services and Markets Act 2000, and
has permission under that Act to enter into a regulated mortgage contract as lender;
“regulated mortgage contract” has the meaning given by article 61(3)(a) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.
.
3
In paragraph (4) delete sub-paragraphs (b) and (c).
Signed by authority of the First Secretary of State
Yvette Cooper
Minister of State
Office of the Deputy Prime Minister
12th October 2005


text:
Citation and commencement
1
This Order may be cited as the Social Security (Electronic Communications) (Miscellaneous Benefits) Order 2005 and shall come into force on 30th January 2006.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
The Social Security (Claims and Payments) Regulations 1987 are amended in accordance with the following paragraphs.
2
In regulation 4ZC(2) after “carer’s allowance” add “, attendance allowance, disability living allowance, graduated retirement benefit, retirement pension and shared additional pension.”.
3
In paragraph 2(1) of Schedule 9ZC after “carer’s allowance” add “, attendance allowance, disability living allowance, graduated retirement benefit, retirement pension and shared additional pension.”.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
1st December 2005