text:
Citation and commencement
1
These Regulations may be cited as the Ionising Radiation (Medical Exposure) (Amendment) Regulations 2006 and shall come into force on the 1st of November 2006.
Interpretation
2
In these Regulations “the 2000 Regulations ” means The Ionising Radiation (Medical Exposure) Regulations 2000 .
Amendment of the 2000 Regulations
3
1
The 2000 Regulations are amended as follows.
2
In regulation 2 (interpretation) in paragraph (1) —
a
in the definition of “appropriate authority”, for “Secretary of State” substitute “the Commission for Healthcare, Audit and Inspection established under section 41 of the Health and Social Care (Community Health and Standards) Act 2003 ”;
b
after the definition of “equipment” insert the following definition —
“ethics committee” means:
an ethics committee established or recognised in accordance with Part 2 of the Medicines for Human Use (Clinical Trials) Regulations 2004 ,
the Ethics Committee constituted by regulations made by the Scottish Ministers under section 51(6) of the Adults with Incapacity (Scotland) Act 2000 , or
any other committee established to advise on the ethics of research investigations in human beings, and recognised for that purpose by or on behalf of the Secretary of State, the National Assembly for Wales or Scottish Ministers;
;
c
the definition of “Local Research Ethics Committee” is omitted;
d
in the definition of “practitioner”, for “medical practitioner, dental practitioner or other health professional” substitute “health care professional”;
e
in the definition of “referrer”, for “medical practitioner, dental practitioner or other health professional” substitute “health care professional” and replace the full-stop with a semi-colon;
f
after the definition of “referrer” insert the following definition —
“registered health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.
.
3
In regulation 6 (justification of individual medical exposures), in paragraph (1)(c), for “a Local Research Ethics Committee” substitute “an ethics committee”.
4
In regulation 11 (training), in paragraph (4), after “record of” insert “all training undertaken by”.
Transitional provisions
4
1
As regards England, the Secretary of State shall continue to be the appropriate authority in respect of —
a
any notification, before the coming into force of regulation 3(2)(a), of an incident by an employer under regulation 4(5) of the 2000 Regulations;
b
any investigation, proceedings or other matter, including an appeal in relation to such matters, which has not been completed or finally disposed of before the coming into force of regulation 3(2)(a) and the appointment of and exercise of functions by inspectors in relation to such matters.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State
Department of Health
13th September 2006


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Health Service Commissioner for England (Special Health Authorities) (Revocation) Order 2006 and shall come into force on 22nd January 2007.
Revocations
2
The following Orders are revoked —
a
the Health Service Commissioner for England (Rural Dispensing Committee) Order 1983 ;
b
the Health Service Commissioner for England (National Blood Authority) Order 1994 ; and
c
the Health Service Commissioner for England (Special Health Authorities) Order 2004 .
Meriel McCullagh
Deputy Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Motor Cycles Etc. (EC Type Approval) (Amendment) Regulations 2006 and shall come into force on 11th December 2006.
Amendment of Regulations
2
1
The Motor Cycles Etc. (EC Type Approval) Regulations 1999 shall be amended as follows.
2
In regulation 3 (interpretation) in paragraph (1) for the definition of “the Framework Directive” there shall be substituted —
“the Framework Directive” means Directive 2002/24/EC of the European Parliament and of the Council of 18th March 2002 relating to the type approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/ EEC , as last amended by Directive 2005/30/EC ;
3
In the table in Schedule 1 (separate Directives) in item 12 after the last entry in the third and fourth columns there shall be inserted in those columns respectively —
“2005/30/EC*” “L106, 27.4.2005, p 17”
4
Schedule 1A shall be omitted and the content of that Schedule shall be inserted after Schedule 1.
Signed by authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
9th November 2006


text:
1
This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment) Order 2006 and shall come into force on 13th December 2006.
2
For the Schedule to the Immigration (Designation of Travel Bans) Order 2000 there shall be substituted the Schedule set out in the Schedule to this Order.
3
The Immigration (Designation of Travel Bans) (Amendment) Order 2005 is revoked.
Liam Byrne
Minister of State
Home Office
7th December 2006


text:
Citation and commencement
1
These Regulations may be cited as the Child Tax Credit (Amendment No. 2) Regulations 2006 and shall come into force on 24th May 2006.
Amendment of the Child Tax Credit Regulations 2002
2
1
The Child Tax Credit Regulations 2002 are amended as follows.
2
In regulation 3(1) (circumstances in which a person is or is not responsible for a child or a qualifying young person) after Case E insert —
Case F
The child (having attained the age of sixteen) or the qualifying young person claims and receives working tax credit in his or her own right (whether alone or on a joint claim).
This Case does not apply in the case of a child or qualifying young person, for whom another (“the recipient”), had made a claim for child tax credit before, and was entitled to receive child tax credit immediately before, the making of these Regulations, until —
a
the child or qualifying young person ceases to receive relevant education or approved training (in each case within the meaning of regulation 1(3) of the Child Benefit (General) Regulations 2006 ),
b
the recipient ceases to receive child tax credit for any other reason, or
c
24th August 2006,
whichever occurs first.
.
Vernon Coaker
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
25th April 2006


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2006 and come into force on 1st July 2006.
2
In these Regulations “the 2001 Regulations ” mean the Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001 .
Amendment of the 2001 Regulations
2
1
The 2001 Regulations are amended as follows.
2
In each of the provisions specified in paragraph (3), for the words “Wine Standards Board”, wherever occurring, substitute the word “Agency”.
3
The provisions referred to in paragraph (2) are —
a
the definition of “enforcement authority” in regulation 2(1); and
b
regulations 3(1), (3), (4) and (5), 8(3), 9(4) and 18.
4
In regulation 2(1) —
a
insert at the appropriate place the following definition —
“the Agency” means the Food Standards Agency;
; and
b
omit the definition of “the Wine Standards Board”.
5
In regulation 3(6), omit the words “the Wine Standards Board or”.
6
Substitute regulation 10 with the following regulation —
Review of prohibitions etc. on movement of wine-sector products
10
1
This regulation applies where an authorised officer of the Agency —
a
has given a notice under regulation 8(2) (“a regulation 8 notice”); or
b
has refused to give consent to the movement of a controlled wine-sector product under regulation 9 (“a regulation 9 refusal”).
2
A person to whom a regulation 8 notice has been given, or who has been refused consent under regulation 9, may request a review of the notice or the refusal.
3
A request made by a person under paragraph (2) shall be made to the Agency within 6 months of the receipt of the regulation 8 notice or regulation 9 refusal.
4
Where a regulation 8 notice or regulation 9 refusal is sent by post in a properly addressed, pre-paid envelope then, unless the contrary is proved, the notice or refusal, as the case may be, is deemed to have been received on the next working day where it is sent by first class post and on the next but one working day where it is sent by second class post.
5
Where a request is made under paragraph (2) within the period specified in paragraph (3) —
a
the Agency shall nominate a person from the list established under paragraph (6) to determine whether the regulation 8 notice or regulation 9 refusal, as the case may be, should stand;
b
the person nominated shall give the person and the Agency an opportunity to make representations on the matter; and
c
the person nominated shall, within 1 month of being nominated, decide whether the regulation 8 notice or regulation 9 refusal should stand and shall notify the applicant and the Agency of his decision.
6
The Agency shall establish and maintain a list of people who may be nominated for the purposes of conducting a review under this regulation and shall consult those organisations appearing to it to represent the wine industry before including any person on the list.
.
Transitional provisions
3
1
Anything done by or in relation to the Wine Standards Board in the exercise of its functions under the 2001 Regulations before the coming into force of these Regulations shall have effect as if done by or in relation to the Food Standards Agency.
2
Anything which at the time of the coming into force of these Regulations is in the process of being done by or in relation to the Wine Standards Board in the exercise of its functions under the 2001 Regulations may be continued by or in relation to the Food Standards Agency.
3
Any reference to the Wine Standards Board in any document relating to anything to which paragraph (1) or (2) applies shall, so far as necessary for giving effect to those provisions, be construed as a reference to the Food Standards Agency.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
5th June 2006


text:
Citation
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) Order 2006.
Interpretation
2
In this Order, “the relevant religion or religious denomination“ means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted (or, as the case may be, each such religion or religious denomination).
Designation of Schools
3
The schools listed in column (1) of the Schedule are designated as schools having a religious character.
4
The relevant religion or religious denomination in relation to a school listed in column (1) of the Schedule is stated in relation to that school in column (2).
P S A Jones
A Divisional Manager in the
Department for Education and Skills
13th June 2006


text:
Citation
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Botswana) Order 2006.
Double taxation arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Convention set out in Part 1 of the Schedule to this Order, and in the Exchange of Notes constituting an Agreement set out in Part 2 of that Schedule, have been made with the Government of the Republic of Botswana with a view to affording relief from double taxation in relation to income tax, corporation tax and capital gains tax and taxes of a similar character imposed by the laws of Botswana;
b
those arrangements include provisions with respect to the exchange of information foreseeably relevant to the administration or enforcement of the domestic laws of the United Kingdom and the laws of Botswana concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
it is expedient that those arrangements should have effect.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations shall be cited as the Social Security (Persons from Abroad) Amendment Regulations 2006 and shall come into force on 30th April 2006.
Amendment of the Council Tax Benefit Regulations 2006
2
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In regulation 7 (persons from abroad) —
a
for paragraphs (2), (3) and (4) substitute —
2
In paragraph (1), “person from abroad” means, subject to the following provisions of this regulation, a person who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
3
No person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (4).
4
A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following —
a
regulation 13 of the Immigration (European Economic Area) Regulations 2006 ;
b
regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the person is —
i
a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or
ii
a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker;
c
Article 6 of Council Directive No. 2004/38/ EC ; or
d
Article 39 of the Treaty establishing the European Community (in a case where the person is seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland).
4A
A person is not a person from abroad if he is —
a
a worker for the purposes of Council Directive No. 2004/38/EC ;
b
a self-employed person for the purposes of that Directive;
c
a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive;
d
a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive;
e
a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive;
f
a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 ;
g
a refugee;
h
a person who has been granted exceptional leave to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971 , or to remain in the United Kingdom by the Secretary of State;
i
a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom;
j
a person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption; or
k
in receipt of income support or on an income-based jobseeker’s allowance.
;
b
in paragraph (6), omit the definition of “a European Economic Area State”.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
3
1
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 7 (persons from abroad) —
a
for paragraphs (2), (3) and (4) substitute —
2
In paragraph (1), “person from abroad” means, subject to the following provisions of this regulation, a person who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
3
No person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (4).
4
A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following —
a
regulation 13 of the Immigration (European Economic Area) Regulations 2006 ;
b
regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the person is —
i
a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or
ii
a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker;
c
Article 6 of Council Directive No. 2004/38/EC ; or
d
Article 39 of the Treaty establishing the European Community (in a case where the person is seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland).
4A
A person is not a person from abroad if he is —
a
a worker for the purposes of Council Directive No. 2004/38/EC ;
b
a self-employed person for the purposes of that Directive;
c
a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive;
d
a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive;
e
a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive;
f
a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 ;
g
a refugee;
h
a person who has been granted exceptional leave to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971 , or to remain in the United Kingdom by the Secretary of State;
i
a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom;
j
a person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption; or
k
on state pension credit.
;
b
in paragraph (6), omit the definition of “a European Economic Area State”.
Amendment of the Housing Benefit Regulations 2006
4
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 10 (persons from abroad) —
a
for paragraphs (2) and (3) substitute —
2
In paragraph (1), “person from abroad” means, subject to the following provisions of this regulation, a person who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
3
No person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (3A).
3A
A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following —
a
regulation 13 of the Immigration (European Economic Area) Regulations 2006 ;
b
regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the person is —
i
a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or
ii
a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker;
c
Article 6 of Council Directive No. 2004/38/EC ; or
d
Article 39 of the Treaty establishing the European Community (in a case where the person is seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland).
3B
A person is not a person from abroad if he is —
a
a worker for the purposes of Council Directive No. 2004/38/EC ;
b
a self-employed person for the purposes of that Directive;
c
a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive;
d
a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive;
e
a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive;
f
a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 ;
g
a refugee;
h
a person who has been granted exceptional leave to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971 , or to remain in the United Kingdom by the Secretary of State;
i
a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom;
j
a person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption; or
k
in receipt of income support or on an income-based jobseeker’s allowance.
;
b
omit paragraph (5);
c
in paragraph (6), omit the definition of “a European Economic Area State”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
5
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 10 (persons from abroad) —
a
for paragraphs (2), (3) and (4) substitute —
2
In paragraph (1), “person from abroad” means, subject to the following provisions of this regulation, a person who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
3
No person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (4).
4
A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following —
a
regulation 13 of the Immigration (European Economic Area) Regulations 2006 ;
b
regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the person is —
i
a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or
ii
a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker;
c
Article 6 of Council Directive No. 2004/38/EC ; or
d
Article 39 of the Treaty establishing the European Community (in a case where the person is seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland).
4A
A person is not a person from abroad if he is —
a
a worker for the purposes of Council Directive No. 2004/38/EC ;
b
a self-employed person for the purposes of that Directive;
c
a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive;
d
a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive;
e
a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive;
f
a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 ;
g
a refugee;
h
a person who has been granted exceptional leave to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971 , or to remain in the United Kingdom by the Secretary of State;
i
a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom;
j
a person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption; or
k
on state pension credit.
;
b
in paragraph (6), omit the definition of “a European Economic Area State”.
Amendment of the Income Support (General) Regulations 1987
6
1
The Income Support (General) Regulations 1987 are amended as follows.
2
In regulation 21 (special cases) —
a
in paragraph (3) —
i
for “Subject to paragraphs (3F) and (3G), in Schedule 7” substitute “In Schedule 7”;
ii
for the definition of “person from abroad”, substitute —
“person from abroad” has the meaning given in regulation 21AA;
;
b
omit paragraphs (3F) and (3G).
3
After that regulation insert —
Special cases: supplemental – persons from abroad
21AA
1
”Person from abroad” means, subject to the following provisions of this regulation, a claimant who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
2
No claimant shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (3).
3
A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following —
a
regulation 13 of the Immigration (European Economic Area) Regulations 2006 ;
b
regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the claimant is —
i
a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or
ii
a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker;
c
Article 6 of Council Directive No. 2004/38/EC ; or
d
Article 39 of the Treaty establishing the European Community (in a case where the claimant is a person seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland).
4
A claimant is not a person from abroad if he is —
a
a worker for the purposes of Council Directive No. 2004/38/EC ;
b
a self-employed person for the purposes of that Directive;
c
a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive;
d
a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive;
e
a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive;
f
a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 ;
g
a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ;
h
a person who has been granted exceptional leave to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971 , or to remain in the United Kingdom by the Secretary of State;
i
a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom; or
j
a person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.
.
Amendment of the Jobseeker’s Allowance Regulations 1996
7
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 85 (special cases) —
a
in paragraph (4) —
i
for “Subject to paragraphs (4A) and (4B), in this regulation” substitute “In this regulation”;
ii
for the definition of “person from abroad”, substitute —
“person from abroad” has the meaning given in regulation 85A;
;
b
omit paragraphs (4A) and (4B).
3
After that regulation insert —
Special cases: supplemental – persons from abroad
85A
1
“Person from abroad” means, subject to the following provisions of this regulation, a claimant who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
2
No claimant shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (3).
3
A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following —
a
regulation 13 of the Immigration (European Economic Area) Regulations 2006 ; or
b
Article 6 of Council Directive No. 2004/38/EC .
4
A claimant is not a person from abroad if he is —
a
a worker for the purposes of Council Directive No. 2004/38/EC ;
b
a self-employed person for the purposes of that Directive;
c
a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive;
d
a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive;
e
a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive;
f
a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 ;
g
a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ;
h
a person who has been granted exceptional leave to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971 , or to remain in the United Kingdom by the Secretary of State;
i
a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom; or
j
a person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.
.
Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005
8
1
The Social Fund Maternity and Funeral Expenses (General) Regulations 2005 are amended as follows.
2
In regulation 7 (funeral payments: entitlement) —
a
in paragraph (9)(a) for “or Norway” substitute “, Norway or Switzerland”;
b
for paragraph (10) substitute —
10
This paragraph applies where the responsible person or his partner is —
a
a worker for the purposes of Council Directive No. 2004/38/EC ;
b
a self-employed person for the purposes of that Directive;
c
a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive;
d
a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive; or
e
a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive.
.
Amendment of the State Pension Credit Regulations 2002
9
1
The State Pension Credit Regulations 2002 are amended as follows.
2
For regulation 2 (persons not in Great Britain) substitute —
Persons not in Great Britain
2
1
A person is to be treated as not in Great Britain if, subject to the following provisions of this regulation, he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
2
No person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (3).
3
A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following —
a
regulation 13 of the Immigration (European Economic Area) Regulations 2006 ;
b
regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the person is —
i
a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or
ii
a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker;
c
Article 6 of Council Directive No. 2004/38/EC ; or
d
Article 39 of the Treaty establishing the European Community (in a case where the person is seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland).
4
A person is not to be treated as not in Great Britain if he is —
a
a worker for the purposes of Council Directive No. 2004/38/EC ;
b
a self-employed person for the purposes of that Directive;
c
a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive;
d
a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive;
e
a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive;
f
a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 ;
g
a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ;
h
a person who has been granted exceptional leave to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971 , or to remain in the United Kingdom by the Secretary of State;
i
a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom; or
j
a person in Great Britain who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.
.
Nationals of Norway, Iceland, Liechtenstein and Switzerland
10
The following provisions shall apply in relation to a national of Norway, Iceland, Liechtenstein or Switzerland or a member of his family (within the meaning of Article 2 of Council Directive No. 2004/38/EC ) as if such a national were a national of a member State —
a
regulation 7(4A)(a) to (e) of the Council Tax Benefit Regulations 2006 ;
b
regulation 7(4A)(a) to (e) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ;
c
regulation 10(3B)(a) to (e) of the Housing Benefit Regulations 2006 ;
d
regulation 10(4A)(a) to (e) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ;
e
regulation 21AA(4)(a) to (e) of the Income Support (General) Regulations 1987 ;
f
regulation 85A(4)(a) to (e) of the Jobseeker’s Allowance Regulations 1996 ;
g
regulation 7(10) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 ; and
h
regulation 2(4)(a) to (e) of the State Pension Credit Regulations 2002 .
Revocations and savings
11
1
The following Regulations are revoked —
a
the Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1994 ;
b
the Income-related Benefits (Montserrat) Regulations 1996 ;
c
the Income-related Benefits and Jobseeker’s Allowance (Amendment) Regulations 2000 ; and
d
the Social Security (Habitual Residence) Amendment Regulations 2004 .
2
Nothing in these Regulations shall affect the continued operation of the transitional arrangements and savings provided for in —
a
regulation 12 of the Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996 ;
b
regulation 6 of the Social Security (Habitual Residence) Amendment Regulations 2004 ; or
c
paragraph 6 of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 .
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
3rd April 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Police and Justice Act 2006 (Supplementary and Transitional Provisions) Order 2006 and shall come into force on 15th January 2007.
2
In this Order —
“the 1996 Act ” means the Police Act 1996 ;
“the 2006 Act ” means the Police and Justice Act 2006; and
“the 2006 Order ” means the Police and Justice Act 2006 (Commencement No. 1, Transitional and Saving Provisions) Order 2006 .
Supplementary and transitional provision
2
1
In relation to any time during which, notwithstanding the substitution of Schedule 2 to the 1996 Act made by paragraph 2 of Schedule 2 to the 2006 Act, any provision of the current Schedule 2 to the 1996 Act (police authorities established under section 3) continues in force by virtue of article 3(1) of the 2006 Order —
a
paragraphs 15 and 16 of current Schedule 2 to the 1996 Act (tenure of office of police authority members) shall have effect subject to paragraph (2); and
b
paragraphs 13(2) and 18(2) of current Schedule 2 to the 1996 Act (disqualification and tenure of office of police authority members) shall have effect subject to article 4.
2
Notwithstanding that, in accordance with paragraphs 15 and 16 of current Schedule 2 to the 1996 Act, the term of appointment of a lay justice member of a police authority established under section 3 of the 1996 Act (establishment of police authorities for certain police areas) expires on or after 15th January 2007, that appointment shall be extended to 31st March 2008.
3
1
In relation to any time during which, notwithstanding the substitution of Schedule 2A to the 1996 Act made by paragraph 4 of Schedule 2 to the 2006 Act, any provision of the current Schedule 2A to the 1996 Act (Metropolitan Police Authority) continues in force by virtue of article 3(2) of the 2006 Order —
a
paragraphs 10 and 11 of current Schedule 2A to the 1996 Act (tenure of office of members of Metropolitan Police Authority) shall have effect subject to paragraph (2); and
b
paragraphs 8(2) and 13(3) of current Schedule 2A to the 1996 Act (disqualification and tenure of office of members of Metropolitan Police Authority) shall have effect subject to article 4.
2
Notwithstanding that, in accordance with paragraphs 10 and 11 of current Schedule 2A to the 1996 Act, the term of appointment of a lay justice member of the Metropolitan Police Authority expires on or after 15th January 2007, that appointment shall be extended to 2nd July 2008.
4
The appointment of a lay justice member of a police authority established under section 3 of the 1996 Act or the Metropolitan Police Authority shall be extended by virtue of article 2 or 3 notwithstanding the fact that on or after 15th January 2007 he ceases to be a lay justice assigned to a local justice area wholly or partly within the authority’s area by virtue of his name being entered in the supplemental list in accordance with section 13 of the Courts Act 2003 (entry of names in the supplemental list) and notwithstanding the fact that his principal place of work or residence is consequently no longer in the police area of that police authority.
5
Nothing in this Order affects the application of any other part of current Schedule 2 or 2A to the 1996 Act to a lay justice member of a police authority established under section 3 of that Act or the Metropolitan Police Authority.
Tony McNulty
Minister of State
Home Office
14th December 2006


text:
Citation, commencement and effect
1
1
This Order may be cited as the Insurance Companies (Corporation Tax Acts) (Amendment) Order 2006 and comes into force on 9th June 2006.
2
This Order has effect in relation to periods of account beginning on or after 1st January 2005 and ending before 1st October 2006, but subject as follows.
3
If, in relation to any period of account ending before 9th June 2006 for which an election in accordance with Rule 9.10(c) of the Prudential Sourcebook (Insurers) has effect, there are shareholders' excess losses and a decrease in value of inherited estate assets —
a
the part of the amount mentioned in subsection (6) of section 432B of the Income and Corporation Taxes Act 1988 is not increased in accordance with that section, and
b
those losses and that decrease in value are carried forward to the next period of account as shareholders' excess losses and a decrease in value of inherited estate assets (as the case may be).
Amendment of section 431 of the Income and Corporation Taxes Act 1988
2
In section 431(2ZB)(d) of the Income and Corporation Taxes Act 1988 (interpretative provisions relating to insurance companies) for “shareholder's” substitute “shareholders'”.
Amendment of section 432B of the Income and Corporation Taxes Act 1988
3
1
Section 432B of the Income and Corporation Taxes Act 1988 (apportionment of receipts brought into account) is amended as follows.
2
For subsection (8) substitute —
8
But if, in relation to the fund in question, an election in accordance with Rule 9.10(c) of the Prudential Sourcebook (Insurers) has effect for the period of account, the following rules apply.
8A
In any case where there are adjusted shareholders' excess gains (“amount A”) and an adjusted increase in value of inherited estate assets (“amount B”), the part of the amount mentioned in subsection (6) (“the relevant amount”) is reduced by the relevant fraction of the lower of amounts A and B.
8B
The difference between amounts A and B is carried forward to the next period of account —
a
as shareholders' excess gains (if amount A is the greater amount), or
b
as an increase in value of inherited estate assets (if amount B is the greater amount).
8C
In any case where there are adjusted shareholders' excess losses (“amount C”) and an adjusted decrease in value of inherited estate assets (“amount D”), the relevant amount is increased by the relevant fraction of the lower of amounts C and D.
8D
The difference between amounts C and D is carried forward to the next period of account —
a
as shareholders' excess losses (if amount C is the greater amount), or
b
as a decrease in value of inherited estate assets (if amount D is the greater amount).
8E
In any other case —
a
the relevant amount is neither reduced nor increased, and
b
the adjusted shareholders' excess gains or losses, and the adjusted increase or decrease in value of inherited estate assets, are carried forward to the next period of account as shareholders' excess gains or losses and an increase or decrease in value of inherited estate assets (as the case may be).
8F
For the purposes of subsections (8A) to (8E), in relation to any period of account (“the relevant period”), the adjusted shareholders' excess gains or losses, and the adjusted increase or decrease in value of inherited estate assets, are determined as follows.
Step 1
Find the amount of shareholders' excess gains or losses, and the amount of the increase or decrease in value of inherited estate assets, for the relevant period.
Step 2
Find the amount (if any) of shareholders' excess gains or losses, and the amount (if any) of the increase or decrease in value of inherited estate assets, carried forward to the relevant period (without being taken into account for the purposes of step 3 or 4 in any previous period of account).
Step 3
This step applies if, for the relevant period, there are shareholders' excess gains or an increase in value of inherited estate assets.
In such a case —
increase that amount by the amount of any such gains or (as the case may be) of any such increase in value so carried forward to the relevant period, or
reduce that amount (but not below nil) by the amount of any shareholders' excess losses or (as the case may be) of any decrease in value of inherited estate assets so carried forward to the relevant period.
The resulting amount is the adjusted shareholders' excess gains or (as the case may be) the adjusted increase in value of inherited estate assets for the relevant period.
Step 4
This step applies if, for the relevant period, there are shareholders' excess losses or a decrease in value of inherited estate assets.
In such a case —
increase that amount by the amount of any such losses or (as the case may be) of any such decrease in value so carried forward to the relevant period, or
reduce that amount (but not above nil) by the amount of any shareholders' excess gains or (as the case may be) of any increase in value of inherited estate assets so carried forward to the relevant period.
The resulting amount is the adjusted shareholders' excess losses or (as the case may be) the adjusted decrease in value of inherited estate assets for the relevant period.
8G
For the purposes of subsections (8A) to (8F), in relation to any company and any period of account, —
“decrease in value of inherited estate assets” means so much of the amount of the decrease in value of assets brought into account in line 13 of Form 40 in the periodical return of the company for that period as relates to shareholders' excess assets;
“increase in value of inherited estate assets” means so much of the amount of the increase in value of assets brought into account in line 13 of Form 40 in the periodical return of the company for that period as relates to shareholders' excess assets.
.
3
In subsection (9) —
a
in the definition of “relevant fraction”, in paragraph (b) after “annuity business” insert “and overseas life assurance business”;
b
in the definition of “the section 83 net amount” for “(7)” substitute “(8B)”;
c
in the definition of “shareholders' excess gains” —
i
for paragraph (a) substitute “the aggregate amount of investment gains and amounts chargeable under Case VI of Schedule D by virtue of section 85(2C)(c) of the Finance Act 1989 for the accounting periods comprised in the period of account exceeds”;
ii
in paragraph (b), for “those gains that would be so referable” substitute “the aggregate amount that would be found under paragraph (a)”;
d
in the definition of “shareholders' excess income”, in paragraph (a) after “for the” insert “accounting periods comprised in the”;
e
in the definition of “shareholders' excess losses” —
i
for paragraph (a) substitute “investment losses for the accounting periods comprised in the period of account exceeds”,
ii
in paragraph (b), for “so referable” substitute “found under paragraph (a)”.
4
In subsection (11) —
a
in paragraph (a) —
i
in the introductory words after “LG” insert “+ OIG”;
ii
for sub-paragraph (i) substitute —
i
LG is the amount of BLAGAB chargeable gains accruing from disposals of assets of the company’s long-term insurance fund in each accounting period comprised in the period of account after deducting the aggregate of BLAGAB allowable losses so accruing in the accounting period and in any accounting period to which section 8(1)(b) of the Taxation of Chargeable Gains Act 1992 (company’s total profits to include chargeable gains) applies”;
iii
after sub-paragraph (i) insert —
ia
OIG is the amount of offshore income gains accruing in each such accounting period and charged to corporation tax under Case VI of Schedule D by virtue of section 761(1)(b)(ii) ;
;
iv
in sub-paragraph (ii) for the words “given by paragraph 2(1) of Schedule 11 to the Finance Act 1996” substitute “of account”; and
v
in sub-paragraph (iii) for the words “given by that paragraph” substitute “for the period of account”;
b
in paragraph (b) —
i
in sub-paragraph (i) for the words “given by paragraph 2(1) of Schedule 11 to the Finance Act 1996” substitute “of account”;
ii
after sub-paragraph (i) insert —
ia
annuities or other annual payments in each accounting period comprised in the period of account that are chargeable under Case III of Schedule D by virtue of paragraph (b) of that Case;
;
iii
in sub-paragraph (ii) after “income” insert “for each such accounting period”; and
iv
in sub-paragraph (iii) after “income” insert “for each such accounting period”
c
in paragraph (c) —
i
in the introductory words for “of LA + NTD - NTC” substitute —
of —
LA + NTD – OIG – NTC (where there is an amount LA in the period of account)
or
NTD – NTC – LG – OIG (where there is an amount LG in the period of account)
;
ii
for sub-paragraph (i) substitute —
i
LA is the amount of the company’s BLAGAB allowable losses accruing from disposals of assets of the company’s long-term insurance fund in each accounting period comprised in the period of account after deducting BLAGAB chargeable gains so accruing; and
; and
iii
in sub-paragraph (ii) at the beginning insert “LG, OIG,”.
5
After subsection (11) insert —
12
In subsection (11) —
“BLAGAB allowable losses” means allowable losses referable in accordance with section 432A to the company’s basic life assurance and general annuity business;
“BLAGAB chargeable gains” means chargeable gains referable in accordance with section 432A to the company’s basic life assurance and general annuity business;
“related transaction” has the meaning given by section 84(5) of the Finance Act 1996.
.
Amendment of paragraph 4(5) of Schedule 19AA of the Income and Corporation Taxes Act 1988
4
In paragraph 4(5) of Schedule 19AA of the Income and Corporation Taxes Act 1988 omit the definition of “free assets amount”.
Claire Ward
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
18th May 2006