text:
Citation and commencement
1
This Order may be cited as the Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2005 and shall come into force on 22nd September 2005.
Amendment of the Capital Allowances (Environmentally Beneficial Plant and Machinery) Order 2003
2
The Capital Allowances (Environmentally Beneficial Plant and Machinery) Order 2003 is amended as follows.
3
In article 2 (interpretation) for the definitions of “the Water Technology Criteria List” and “the Water Technology Product List” substitute —
“the Water Technology Criteria List” means the list dated 9th July 2005 and issued by the Secretary of State for the Environment, Food and Rural Affairs on 15th July 2005;
“the Water Technology Product List” means the list dated 9th July 2005 and issued by the Secretary of State for the Environment, Food and Rural Affairs on 15th July 2005.
.
4
In article 3 (description of environmentally beneficial plant and machinery) for paragraph (2) substitute —
2
The technology classes specified for the purposes of paragraph (1)(c) are —
a
flow controllers;
b
leakage detection equipment;
c
meters;
d
taps;
e
toilets;
f
rainwater harvesting equipment;
g
efficient membrane filtration systems for the treatment of wastewater for recovery and reuse;
h
cleaning in place equipment;
i
efficient showers.
.
5
After article 4 add the following article —
Certification of environmentally beneficial plant and machinery
5
1
In a case in which paragraph (2) applies, no section 45H allowance may be made unless a relevant certificate of environmental benefit is in force.
2
This paragraph applies in the case of expenditure on efficient membrane filtration systems for the treatment of wastewater for recovery and reuse.
3
In paragraph (1), “section 45H allowance” has the meaning given by section 45I(1) of the Capital Allowances Act, and “relevant certificate of environmental benefit” means a certificate of environmental benefit, as defined in subsection (2) of section 45I of the Capital Allowances Act, and which has been issued in accordance with subsection (3) of that section.
.
Joan Ryan
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Scheme Funding) Regulations 2005 and shall come into force on 30th December 2005.
Interpretation
2
1
In these Regulations —
“the 1993 Act ” means the Pension Schemes Act 1993 ;
“the 1995 Act ” means the Pensions Act 1995;
“the 2004 Act ” means the Pensions Act 2004;
“the actuary”, in relation to a scheme, means the actuary appointed under section 47(1)(b) of the 1995 Act (professional advisers) in relation to that scheme;
“the commencement date” means 30th December 2005;
“insurance policy” means an insurance policy which is a contract on human life or a contract of annuity on human life, but excluding a contract which is linked to investment funds;
“pension credit rights” has the meaning given by section 124(1) of the 1995 Act ;
“the relevant accounts”, for the purposes of identifying and valuing the assets of a scheme, are audited accounts for the scheme —
which comply with the requirements imposed under section 41 of the 1995 Act (provision of documents for members), and
which are prepared in respect of a period ending with the effective date of the valuation.
2
In these Regulations “scheme” must be read in appropriate cases in accordance with the modifications of Part 3 of the 2004 Act made by paragraphs 1, 4, 5 and 7 of Schedule 2 (multi-employer sectionalised schemes, partly foreign schemes and schemes with a partial public authority guarantee), and “employer” and “member” must be construed accordingly.
Determination of assets and liabilities
3
1
The assets of a scheme to be taken into account for the purposes of Part 3 of the 2004 Act are the assets attributed to the scheme in the relevant accounts, excluding —
a
any resources invested (or treated as invested by or under section 40 of the 1995 Act) in contravention of section 40(1) of the 1995 Act (employer-related investments);
b
any amounts treated as a debt due to the trustees or managers under section 75(2) or (4) of the 1995 Act (deficiencies in the assets) or section 228(3) of the 2004 Act (amounts due in accordance with a schedule of contributions) which are unlikely to be recovered without disproportionate cost or within a reasonable time, and
c
where it appears to the actuary that the circumstances are such that it is appropriate to exclude them, any rights under an insurance policy.
2
The liabilities of a scheme to be taken into account for the purposes of Part 3 of the 2004 Act are any liabilities —
a
in relation to a member of the scheme by virtue of —
i
any right that has accrued to or in respect of him to future benefits under the scheme rules, or
ii
any entitlement to the present payment of a pension or other benefit which he has under the scheme rules, and
b
in relation to the survivor of a member of the scheme, by virtue of any entitlement to benefits, or right to future benefits which he has under the scheme rules in respect of the member.
3
For the purposes of paragraph (2) —
“right” includes a pension credit right, and
“the survivor” of a member is a person who —
is the widow, widower or surviving civil partner of the member, or
has survived the member and has any entitlement to benefit, or right to future benefits, under the scheme in respect of the member.
4
Where rights under an insurance policy are excluded under paragraph (1)(c), the liabilities secured by the policy shall be disregarded for the purposes of paragraph (2).
5
Where arrangements are being made by the scheme for the transfer to or from it of accrued rights and any pension credit rights, until such time as the trustees or managers of the scheme to which the transfer is being made (“the receiving scheme”) have received assets of the full amount agreed by them as consideration for the transfer, it shall be assumed —
a
that the rights have not been transferred, and
b
that any assets transferred in respect of the transfer of those rights are assets of the scheme making the transfer and not of the receiving scheme.
Valuation of assets and determination of the amount of liabilities
4
1
Subject to paragraph (2), the value to be given to the assets of a scheme for the purposes of Part 3 of the 2004 Act is the value given to those assets in the relevant accounts, less the amount of the external liabilities.
2
The value to be given to any rights under an insurance policy taken into account under regulation 3(1) is the value the actuary considers appropriate in the circumstances of the case.
3
In paragraph (1), “the external liabilities” of a scheme are such liabilities of the scheme (other than liabilities within regulation 3(2)) as are shown in the net assets statement in the relevant accounts, and their amount shall be taken to be the amount shown in that statement in respect of them.
4
The assets of the scheme shall be valued, and the amount of the liabilities determined, by reference to the same date.
Calculation of technical provisions
5
1
Subject to paragraphs (2) and (3), it is for the trustees or managers of a scheme to determine which method and assumptions are to be used in calculating the scheme’s technical provisions.
2
The method used in calculating a scheme’s technical provisions must be an accrued benefits funding method.
3
In determining which accrued benefits funding method and which assumptions are to be used, the trustees or managers must —
a
follow the principles set out in paragraph (4), and
b
in the case of a scheme under which the rates of contributions payable by the employer are determined —
i
by or in accordance with the advice of a person other than the trustees or managers, and
ii
without the employer’s agreement,
take account of the recommendations of that person.
4
The principles to be followed under paragraph (3) are —
a
the economic and actuarial assumptions must be chosen prudently, taking account, if applicable, of an appropriate margin for adverse deviation;
b
the rates of interest used to discount future payments of benefits must be chosen prudently, taking into account either or both —
i
the yield on assets held by the scheme to fund future benefits and the anticipated future investment returns, and
ii
the market redemption yields on government or other high-quality bonds;
c
the mortality tables used and the demographic assumptions made must be based on prudent principles, having regard to the main characteristics of the members as a group and expected changes in the risks to the scheme, and
d
any change from the method or assumptions used on the last occasion on which the scheme’s technical provisions were calculated must be justified by a change of legal, demographic or economic circumstances.
Statement of funding principles
6
1
A statement under section 223 of the 2004 Act must include the following matters, in addition to those specified in that section —
a
any funding objectives provided for in the rules of the scheme, or which the trustees or managers have adopted, in addition to the statutory funding objective;
b
whether there are arrangements for a person other than the employer or a member of the scheme to contribute to the funds held by the scheme, and, if there are such arrangements, the circumstances in which they apply;
c
whether there is a power to make payments to the employer out of funds held for the purposes of the scheme and, if there is such a power, the circumstances in which it may be exercised;
d
whether there are discretionary powers to provide or increase benefits for, or in respect of, all or any of the members and, if there are such powers, the extent to which they are taken into account in the funding of the scheme;
e
the policy of the trustees or managers regarding the reduction of the cash equivalent of benefits which have accrued to or in respect of members on account of the state of the funding of the scheme, and
f
the intervals at which the trustees or managers will obtain actuarial valuations in accordance with section 224(1)(a) of the 2004 Act, and the circumstances in which and occasions on which they will, or will consider whether to, obtain actuarial valuations in addition to those obtained at such intervals.
2
The first statement under section 223 of the 2004 Act in respect of a scheme must be prepared by the trustees or managers within 15 months after the effective date of the first actuarial valuation obtained by them under section 224 of that Act.
3
A statement under section 223 must be reviewed, and if necessary revised —
a
within 15 months after the effective date of each subsequent actuarial valuation, and
b
within a reasonable period after any occasion on which the Regulator has exercised any of the powers conferred by section 231(2) of the 2004 Act in relation to the scheme.
4
A statement under section 223 must specify the date on which it was prepared, or, if it has been revised, the date on which it was last revised.
Actuarial valuations and reports
7
1
In addition to the regular valuations provided for in section 224(1)(a) of the 2004 Act, the trustees or managers of a scheme must obtain an actuarial valuation where the Regulator has given directions under section 231(2)(b)(i) of that Act as to the manner in which the scheme’s technical provisions are to be calculated.
2
Where the trustees or managers have obtained an actuarial valuation or an actuarial report, they must ensure that it is received by them —
a
in the case of a valuation under section 224(1)(a), within 15 months after its effective date;
b
in the case of a valuation where the Regulator has given directions under section 231(2)(b)(i) —
i
within three months after the date of the directions if the effective date of the valuation is before the date of the directions, and
ii
within six months after the effective date of the valuation if that date is the same as or later than the date of the directions;
c
in the case of a report, within 12 months after its effective date.
3
Where the assets taken into account in an actuarial valuation include rights under an insurance policy, the valuation must state the reason why the value given to such rights is considered appropriate in the circumstances of the case.
4
An actuarial valuation must include —
a
the actuary’s certification of the calculation of the technical provisions, in the relevant form set out in Schedule 1, and
b
the actuary’s estimate of the solvency of the scheme.
5
An actuarial report must include an assessment by the actuary of changes in the value of the scheme’s assets since the last actuarial valuation was prepared.
6
In paragraph (4), “the actuary’s estimate of the solvency of the scheme” means —
a
except in the case referred to in sub-paragraph (b), an estimate by the actuary of whether, on the effective date of a valuation, the value of assets of the scheme to be taken into account under paragraph (1) of regulation 3 exceeded or fell short of the sum of —
i
the cost of purchasing annuities, of the type described in section 74(3)(c) of the 1995 Act (discharge of liabilities by purchase of annuities satisfying prescribed requirements) and on terms consistent with those in the available market, which would be sufficient to satisfy the liabilities taken into account under paragraph (2) of regulation 3, and
ii
the other expenses which, in the opinion of the actuary, would be likely to be incurred in connection with a winding up of the scheme,
and the amount of the excess or, as the case may be, the shortfall;
b
where the actuary considers that it is not practicable to make an estimate in accordance with sub-paragraph (a), an estimate of the solvency of the scheme on the effective date of the valuation made in such manner as the actuary considers appropriate in the circumstances of the case.
7
Where the actuary’s estimate of solvency is made under paragraph (6)(b), the valuation must include a brief account of the principles adopted in making the estimate.
Recovery plan
8
1
Where section 226(1) of the 2004 Act applies, and the trustees or managers of a scheme are required, following an actuarial valuation, either to prepare a recovery plan or to review and if necessary revise an existing recovery plan, they must do so —
a
in the case of the first actuarial valuation obtained by them under section 224 of the Act and each subsequent valuation under section 224(1)(a), within 15 months after the effective date of the valuation;
b
in the case of a valuation under section 224(1)(b) and regulation 7(1), within whichever period is applicable under regulation 7(2)(b).
2
In preparing or revising a recovery plan, the trustees or managers must take account of the following matters —
a
the asset and liability structure of the scheme;
b
its risk profile;
c
its liquidity requirements;
d
the age profile of the members, and
e
in the case of a scheme under which the rates of contributions payable by the employer are determined —
i
by or in accordance with the advice of a person other than the trustees or managers, and
ii
without the agreement of the employer,
the recommendations of that person.
3
A recovery plan must be reviewed, and if necessary revised, where the Regulator has given directions under section 231(2)(b)(ii) of the 2004 Act as to the period within which, and manner in which, a failure to meet the statutory funding objective is to be remedied.
4
Where paragraph (3) applies, the review and any necessary revision must be completed within a reasonable period after the date of the Regulator’s directions.
5
A recovery plan may be reviewed, and if necessary revised, where the trustees or managers consider that there are reasons that may justify a variation to it.
6
A recovery plan must specify the date on which it was prepared, or, if it has been revised, the date on which it was last revised.
7
A copy of any recovery plan sent to the Regulator by the trustees or managers of a scheme must be accompanied —
a
in a case where the plan has been prepared or revised following an actuarial valuation, by a summary of the information contained in the valuation, and
b
in a case where the plan has been revised in the circumstances described in paragraph (5), by an explanation of the reasons for the revision.
8
The commencement of the winding up of an eligible scheme, as defined in section 126 of the 2004 Act (eligible schemes), during the recovery period specified in the scheme’s recovery plan is a notifiable event for the purposes of section 69(2)(a) of that Act (duty to notify the Regulator of prescribed events in respect of eligible schemes).
Schedule of contributions
9
1
A schedule of contributions for a scheme must be prepared within 15 months after the effective date of the first actuarial valuation following the establishment of the scheme.
2
Where a schedule of contributions has been prepared, it must be reviewed, and if necessary revised —
a
within 15 months after the effective date of each subsequent actuarial valuation under section 224(1)(a) of the 2004 Act;
b
within whichever period is applicable under regulation 7(2)(b) after any valuation under section 224(1)(b) and regulation 7(1), and
c
within a reasonable period after any revision of a recovery plan under regulation 8(3) or (5).
Content and certification of schedules of contributions
10
1
A schedule of contributions must show the rates and due dates of all contributions (other than voluntary contributions) payable towards the scheme by or on behalf of the employer and the active members during the relevant period.
2
In this regulation, “the relevant period” means the period of five years after the date on which the schedule is certified, or, in a case where —
a
a recovery plan is in force, and
b
the period set out in the recovery plan as the period within which the statutory funding objective is to be met is longer than five years after the date on which the schedule is certified,
that longer period.
3
The schedule must show separately —
a
the rates and due dates of contributions payable by or on behalf of active members of the scheme;
b
the rates and due dates of the contributions payable by or on behalf of the employer, and
c
if separate contributions to satisfy liabilities other than those referred to in regulation 3(2) which are likely to fall due for payment by the trustees or managers during the relevant period are made to the scheme, the rates and due dates of those contributions.
4
Where additional contributions are required in order to give effect to a recovery plan, the rates and dates of those contributions must be shown separately from the rates and dates of contributions otherwise payable.
5
The schedule must be signed by the trustees or managers of the scheme, and make provision for signature by the employer in order to signify his agreement to the matters included in it.
6
The schedule must incorporate the actuary’s certification, in the relevant form set out in Schedule 1.
Records
11
1
The trustees or managers of a scheme to which Part 3 of the 2004 Act applies must keep records of all contributions made to the scheme by any person, showing separately —
a
the aggregate amounts of contributions paid by or on behalf of active members of the scheme (whether by deductions from their earnings or otherwise) and the dates on which they are paid, distinguishing voluntary contributions from other contributions, and showing the amounts of voluntary contributions paid by each member, and
b
the aggregate amounts of contributions paid by or on behalf of each person who is an employer in relation to the scheme and the dates on which they are paid.
2
The trustees or managers must also keep records of any action taken by them to recover —
a
the amount of any contributions which are not paid on the date on which they are due, and
b
the amount of any debt which has arisen under section 75(2) or (4) of the 1995 Act (deficiencies in the assets).
Failure to make payments
12
The trustees or managers of a scheme are not required to give notice, under section 228(2) of the 2004 Act (requirement to notify Regulator of failure likely to be of material significance), of a failure to make a payment in accordance with the schedule of contributions where they have given the Regulator notice of the failure under —
a
section 49(9)(b) of the 1995 Act (failure to remit deductions from members' earnings), or
b
section 30(7)(c) of the 2004 Act (failure to pay employer’s contributions in accordance with Regulator’s order).
Period for obtaining employer’s agreement
13
Where, following an actuarial valuation, the trustees or managers of a scheme are required under section 229(1) of the 2004 Act to obtain the agreement of the employer to any of the matters mentioned in paragraphs (a) to (d) of that provision, they must do so within 15 months after the effective date of the valuation.
Powers of the Regulator
14
1
In exercising any of the powers conferred by section 231 of the 2004 Act in the case of a scheme of the kind referred to in regulations 5(3)(b) and 8(2)(e), the Regulator must take into account any relevant recommendations made to the trustees or managers under those regulations.
2
In exercising the power in section 231(2)(b)(i) to give directions as to the manner in which a scheme’s technical provisions are to be calculated, the Regulator must include a direction specifying the effective date by reference to which assets are valued and the amount of liabilities is determined.
Guidance relating to actuarial advice
15
When advising the trustees or managers of a scheme on any of the matters specified in section 230(1) of the 2004 Act, the actuary shall have regard to the guidance note “Occupational Pension Schemes – scheme funding matters on which advice of actuary must be obtained” (GN49) prepared and published by the Institute of Actuaries and the Faculty of Actuaries and approved for the purposes of these Regulations by the Secretary of State, with such revisions as have been so approved .
Modification of shared cost schemes
16
1
The trustees of a shared cost scheme to which Part 3 of the 2004 Act applies may by resolution modify the scheme with a view to making such provision that, where any additional contributions are required to give effect to a recovery plan, those contributions are payable by the employer and the members in the appropriate proportions, unless the employer and the trustees or managers agree —
a
that the additional contributions should be payable by the employer alone, or
b
that he should pay a greater proportion than would otherwise fall to be paid by him.
2
In paragraph (1) —
“shared cost scheme” means a scheme under the provisions of which —
the level of benefits expected to be provided is defined;
contributions are payable by the employer and the active members in specified proportions, and
if —
it appears to the trustees or managers, or
an actuarial valuation shows,
that otherwise the assets of the scheme will (or are likely to) fall short of its technical provisions, the rates of contributions payable by both the active members and the employer may be increased in specified proportions, and
“the appropriate proportions” means those specified proportions.
3
For the purposes of paragraph (2) there shall be disregarded —
a
voluntary contributions by members and any associated contributions by the employer, and
b
any temporary suspension of the liability to make contributions, or alteration in the proportions in which the contributions are payable, under any provision of the scheme allowing such a suspension or alteration in any circumstances.
Exemptions - general
17
1
Part 3 of the 2004 Act does not apply to —
a
a scheme which —
i
is established by or under an enactment (including a local Act), and
ii
is guaranteed by a public authority;
b
a pay-as-you-go scheme;
c
a scheme which is made under section 2 of the Parliamentary and other Pensions Act 1987 (power to provide for pensions for Members of the House of Commons etc. );
d
a scheme which is treated as such by virtue of paragraph 4 or 5 of Schedule 2 to these Regulations and —
i
in the cases described in paragraphs 4(2) and 5(2)(a) of that Schedule, applies to members in employment outside the member States, and
ii
in the cases described in paragraphs 4(3) and 5(2)(b) of that Schedule, applies to members in employment outside the United Kingdom;
e
a scheme which —
i
provides relevant benefits;
ii
is neither a relevant statutory scheme nor a tax approved scheme, or, from 6th April 2006, is not a tax registered scheme, and
iii
has fewer than 100 members;
f
a section 615(6) scheme which has fewer than 100 members;
g
a scheme which has fewer than two members;
h
a scheme which has fewer than 12 members, where all the members are trustees of the scheme and either —
i
the provisions of the scheme provide that all decisions which fall to be made by the trustees are made by the unanimous agreement of the trustees who are members of the scheme, or
ii
the scheme has a trustee who is an independent trustee in relation to the scheme for the purposes of section 23 of the 1995 Act (power to appoint independent trustees) and is registered in the register maintained by the Authority in accordance with regulations made under subsection (4) of that section;
i
a scheme which has fewer than 12 members, where a company is a trustee of the scheme and all the members of the scheme are directors of the company and either —
i
the provisions of the scheme provide that any decision made by the company in its capacity as trustee is made only by the unanimous agreement of the directors who are members of the scheme, or
ii
one of the directors is a trustee who is independent in relation to the scheme for the purposes of section 23 of the 1995 Act and is registered in the register maintained by the Authority in accordance with regulations made under subsection (4) of that section;
j
a scheme under which the only benefits provided for (other than money purchase benefits) are death benefits, if the death benefits are secured by insurance policies or annuity contracts;
k
a scheme which is the subject of a scheme failure notice under section 122 or 130 of the 2004 Act;
l
subject to regulation 18, a scheme which is being wound up, or
m
the Chatsworth Settlement Estate Pension Scheme.
2
In paragraph (1) —
“enactment” includes an enactment comprised in, or in an instrument under, an Act of the Scottish Parliament;
“pay-as-you-go scheme” means an occupational pension scheme under which there is no requirement for assets to be set aside in advance for the purpose of providing benefits under the scheme (disregarding any requirements relating to additional voluntary contributions);
“public authority” means —
a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) ;
a government department (including any body or authority exercising statutory functions on behalf of the Crown);
the Scottish Ministers;
the National Assembly for Wales, or
a local authority;
“relevant benefits” has the meaning given in section 612(1) of the Income and Corporation Taxes Act 1988 (interpretation) or, from 6th April 2006, section 393B of the Income Tax (Earnings and Pensions) Act 2003 (relevant benefits);
“relevant statutory scheme” has the meaning given in section 611A(1) of the Income and Corporation Taxes Act 1988 (definition of relevant statutory scheme);
“section 615(6) scheme” means a scheme with such a superannuation fund as is mentioned in section 615(6) of the Income and Corporation Taxes Act 1988 (funds for the provision of benefits in respect of employment outside the United Kingdom);
“a tax approved scheme” means a scheme which is approved or was formerly approved under section 590 or 591 of the Income and Corporation Taxes Act 1988 (approval of retirement benefit schemes) or in respect of which an application for such approval has been duly made but has not been determined;
“a tax registered scheme” means a scheme which is, or is treated as, registered under Chapter 2 of Part 4 of the Finance Act 2004 (registration of pension schemes).
3
In paragraph (2), “local authority” means —
a
in relation to England, a county council, a district council, a London borough council, the Greater London Authority, the Common Council of the City of London in its capacity as a local authority or the Council of the Isles of Scilly;
b
in relation to Wales, a county council or county borough council;
c
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (constitution of councils);
d
an administering authority as defined in Schedule 1 to the Local Government Pension Scheme Regulations 1997 .
4
Where Part 3 of the 2004 Act ceases to apply to a scheme to which it previously applied, because the scheme satisfies any of the criteria for exemption in paragraph (1), that does not affect any rights or obligations arising before Part 3 ceased to apply.
Exemption connected with winding up
18
1
Where the winding up of a scheme begins on or after the commencement date, the exemption provided for in regulation 17(1)(l) is subject to the condition set out in paragraph (2).
2
The condition referred to in paragraph (1) is that the trustees or managers of the scheme ensure that they receive, before the end of each scheme year following the scheme year in which the winding up of the scheme begins, the actuary’s estimate of the solvency of the scheme as at the end of the preceding scheme year.
3
In paragraph (2) —
“the actuary’s estimate of the solvency of the scheme” means —
except in the case referred to in sub-paragraph (b), an estimate by the actuary of whether, at the end of the relevant scheme year, the value of assets of the scheme to be taken into account under paragraph (1) of regulation 3 exceeded or fell short of the sum of —
the cost of purchasing annuities, of the type described in section 74(3)(c) of the 1995 Act and on terms consistent with those in the available market, which would be sufficient to satisfy the liabilities to be taken into account under paragraph (2) of regulation 3, and
the other expenses which, in the opinion of the actuary, would be likely to be incurred in connection with the winding up of the scheme,
and the amount of the excess or, as the case may be, the shortfall;
where the actuary considers that it is not practicable to make an estimate in accordance with sub-paragraph (a), an estimate of the solvency of the scheme at the end of the relevant scheme year made in such manner as the actuary considers appropriate in the circumstances of the case;
“scheme year” means —
either —
a year specified for the purposes of the scheme rules in any document which contains those rules, or
if no such year is specified, the period of 12 months commencing on 1st April or on such date as the trustees or managers select, or
such other period (if any) exceeding six months but not exceeding 18 months as is selected by the trustees or managers in connection with —
the commencement or termination of the scheme, or
a variation of the date on which the year or period referred to in paragraph (a) is to commence.
Modification of provisions of the 2004 Act
19
Schedule 2 has effect for the purpose of modifying Part 3 of the 2004 Act and these Regulations as they apply in the circumstances specified there.
Supplementary and consequential provisions, transitional provisions and savings
20
1
Schedule 3 has effect for the purpose of making supplementary provisions and consequential amendments connected with the commencement of Part 3 of the 2004 Act and Part IV of the Pensions (Northern Ireland) Order 2005 and the coming into force of these Regulations.
2
Schedule 4 has effect for the purpose of making transitional modifications of the 2004 Act and these Regulations, and saving the effect of repealed provisions of the 1995 Act and provisions revoked by these Regulations.
Revocations
21
The enactments mentioned in Schedule 5 are revoked to the extent specified, subject to the savings in Schedule 4.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
8th December 2005


text:
1
This Order may be cited as the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Educational Recording Agency Limited) Order 2005.
2
The licensing scheme set out in the Schedule to this Order is certified for the purposes of section 35 of, and paragraph 6 of Schedule 2 to, the Copyright, Designs and Patents Act 1988.
3
The certification under article 2 shall come into operation on 1st April 2005.
Sainsbury of Turville
Parliamentary Under Secretary of State for Science and Innovation
Department of Trade and Industry
2nd February 2005


text:
Commencement, citation and interpretation
1
1
These Regulations may be cited as the Pension Protection Fund (Valuation) Regulations 2005 and shall come into force on 6th April 2005.
2
In these Regulations —
“ the Act ” means the Pensions Act 2004;
“appropriate person” in the case of a section 143 valuation, means the person specified in section 143(11)(a)(ii) of the Act and, in the case of a section 179 valuation means the actuary as defined in section 179(2) of the Act;
“commencement date” means the 6th April 2005;
“contribution notice” means a notice issued under section 38 (contribution notices where avoidance of employer debt), 47 (contribution notices where non-compliance with financial support direction) or 55 (contribution notice where failure to comply with restoration order) of the Act;
“eligible scheme” has the meaning given by section 126 (eligible schemes) of the Act;
“employer” in relation to an occupational pension scheme which has no active members, except in relation to a multi-employer scheme, or section of a multi-employer scheme, includes every person who was the employer of persons in the description of employment to which the scheme relates immediately before the time at which the scheme ceased to have any active members in relation to it;
“employer” in relation to a multi-employer scheme, or a section of a multi-employer scheme includes —
in the case of a scheme which has no active members, every person who was the employer of persons in the description of employment to which the scheme, relates immediately before the time at which the scheme, or section ceased to have any active members in relation to it unless, after that time —
a section 75 debt becomes due from that person to the scheme, or section; and
either —
the full amount of the debt has been paid by that person to the trustees or managers of the scheme, or section, or
in circumstances where a legally enforceable agreement has been entered into between that person and the trustees or managers of the scheme, or section, the effect of which is to reduce the amount which is payable in respect of the debt, the reduced amount of the debt has been paid in full by that person to those trustees or managers; and
in any other case, any person who has ceased to be the employer of persons in the description of employment to which the scheme, or section relates unless —
at the time when he so ceased the scheme, or section, was not being wound up and continued to have active members in relation to it; and
a section 75 debt became due at that time from that person to the scheme, or section and either —
the full amount of the debt has been paid by that person to the trustees or managers of the scheme or section, or
in circumstances where a legally enforceable agreement has been entered into between that person and the trustees or managers of the scheme or section, the effect of which is to reduce the amount which is payable in respect of the debt, the reduced amount of the debt has been paid in full by that person to those trustees or managers.
“employment” means trade, business, profession, office or vocation;
“external liabilities” means any liabilities which do not fall due to the members of the scheme;
“financial support direction” means a direction issued under section 43 (financial support directions) of the Act;
“pension credit rights” has the meaning given by section 124(1) (interpretation of part I) of the Pensions Act 1995 ;
“registrable scheme” has the meaning given by section 59(2) (register of occupational and personal pension schemes) of the Act;
“relevant accounts” means —
audited accounts for the scheme which are prepared in respect of a period ending with the relevant time;
if none are so prepared, the latest such accounts which are available at the relevant time; or
if the appropriate person’s opinion is that it is practicable to use them, the latest such accounts which are available on the date the appropriate person signs the section 143 or section 179 valuation;
“relevant time” for the purposes of section 179 of the Act, means the date in relation to which the assets and liabilities of the eligible scheme are calculated.
“restoration order” has the meaning given by section 52 of the Act (restoration orders where transactions at an undervalue);
“restricted information” has the meaning given in section 197 of the Act (restricted information);
“section 143 valuation” means an actuarial valuation under that section of the Act;
“section 179 valuation” means an actuarial valuation under that section of the Act;
“section 75 debt” means so much of the amount treated by section 75 of the Pensions Act 1995 (deficiencies in the assets) as a debt due from the employer to the trustees or managers at the applicable time.
Provision of actuarial valuation to determine scheme underfunding
2
1
The trustees or managers of an eligible scheme shall provide the Board or the Regulator on the Board’s behalf with its first section 179 valuation within one year of the relevant time of the valuation.
2
Subject to paragraph (3), the relevant time of the first section 179 valuation shall not be later than —
a
in the case of an eligible scheme that is a registrable scheme prior to the commencement date, 5th April 2008.
b
in the case of an eligible scheme that becomes a registrable scheme on or after the commencement date, a period of one year beginning immediately after the registration date of the scheme.
3
In a case to which paragraph (2)(a) applies, for the purposes of a section 179 valuation prepared and signed by an appropriate person on or after the commencement date, a calculation of the assets and liabilities as at a date before the commencement date, but no earlier than 1st November 2004 may be used, and in such a case the relevant time shall be taken to be the date on which the assets and liabilities of the scheme were so calculated.
4
The relevant time of any subsequent section 179 valuation must not exceed a period of three years beginning immediately after the relevant time of the previous valuation provided to the Board or the Regulator on the Board’s behalf.
5
Any subsequent section 179 valuation shall be provided to the Board or the Regulator on the Board’s behalf within 12 months of the relevant time of that valuation.
Excluded assets
3
There shall be excluded from the value of the eligible scheme’s assets —
a
in the case of a section 143 valuation, any amounts treated as a debt due to the trustees or managers which are unlikely to be recouped without disproportionate cost or unlikely to be recovered within a reasonable time; and
b
in the case of a section 179 valuation —
i
any amounts treated as a debt due to the trustees or managers under section 75 of the Pensions Act 1995 (deficiencies in the assets);
ii
any amounts treated as debt under section 228(3) of the Act (failure to make payments);
iii
any resources invested (or treated as invested) in contravention of section 40 of the Pensions Act 1995 (restriction on employer-related investments); and
iv
any amounts treated as a debt due to the trustees or managers which are unlikely to be recouped without disproportionate cost or unlikely to be recovered within a reasonable time.
Contribution notices, financial support directions and restoration orders
4
Subject to regulation 7(3) and (4), the prescribed requirement for any amount due under a contribution notice, financial support direction or restoration order to be regarded as an asset of the scheme is that the notice, direction or order was issued by the Regulator prior to the date that the valuation is approved.
Valuation of assets
5
Subject to regulations 3 and 7, in determining the value of the assets of a scheme for the purposes of obtaining a section 143 valuation or a section 179 valuation, the appropriate person shall adopt the value given of the assets of the scheme stated in the relevant accounts, less the amount of the external liabilities, and that value shall be taken to be the value of those assets at the relevant time.
Valuation of protected liabilities
6
Subject to regulation 7, in the case of protected liabilities the value of a protected liability shall be —
a
for a section 143 valuation, the estimated cost of securing scheme benefits calculated in accordance with Schedule 7 of the Act (pension compensation provisions) to the member by means of an annuity purchased at the market rate at the relevant time;
b
for a section 179 valuation, the estimated cost of securing scheme benefits in accordance with any guidance issued by the Board in accordance with section 179(4) of the Act, for the member by means of an annuity purchased at the market rate at the relevant time.
Alternative valuation of assets and protected liabilities in specific cases
7
1
For the purposes of a section 143 or section 179 valuation, where arrangements are being made by the eligible scheme for the transfer to or from it, of accrued rights and any pension credit rights, until such time as the trustees or managers of the scheme to which the transfer is being made (“the receiving scheme”) have received assets of the full amount agreed by them as consideration for the transfer, it shall be assumed —
a
that the rights have not been transferred; and
b
that any assets transferred in respect of the transfer of those rights are assets of the scheme making the transfer and not of the receiving scheme.
2
For the purposes of a section 143 or section 179 valuation, in the case of a contract of insurance, the value shall be —
a
the value of the liability secured where the contract of insurance falls within the definition of a relevant contract of insurance in section 161(8) of the Act (effect of Board assuming responsibility for a scheme); or where this is not the case either —
b
the surrender value of the contract of insurance; or
c
where it appears to the appropriate person that the surrender value of the contract of insurance does not accurately reflect the actual value at the relevant time; then he shall adopt such a value as appears to him to be appropriate.
3
In the case of an asset to which regulation 4 applies, the appropriate person shall adopt as the value of the asset, the amount due to the scheme given in the notice, direction or order.
4
For the purposes of a section 143 valuation —
a
where the appropriate person, in accordance with guidance issued by the Board in accordance with section 143(6) of the Act, holds the opinion that any section 75 debt falling due to the eligible scheme will be recouped in the future then he shall treat the proportion of the section 75 debt that he believes will be recovered as an asset of the scheme;
b
where any section 75 debt is recouped between the relevant time and the date the valuation is approved under section 144(2) of the Act (approval of valuation), then the amount so recouped —
i
shall be treated as an asset of the scheme; and
ii
the section 143 valuation shall be adjusted accordingly;
c
where an amount is due under a contribution notice, a financial support direction or a restoration order, and
i
a proportion of the amount due has been recouped; and
ii
the appropriate person, in accordance with any guidance issued by the Board in accordance with section 143(6) or section 179(4) of the Act as appropriate, holds the opinion that no further payments due in relation to the notice or direction will be recouped by the scheme; then
the appropriate person shall adjust the value of the asset contained in the notice or direction to the value recouped by the trustees or managers of the eligible scheme during the pre-approval period.
d
if the appropriate person —
i
has been given notice; or
ii
holds the opinion;
that the value of any asset set out in the relevant accounts, that is not excluded from the actuarial valuation, is substantially different at the relevant time from that set out in the relevant accounts, then he shall adjust the value of the asset to the market value of the asset at the relevant time; or
e
where the appropriate person —
i
has been given notice; or
ii
holds the opinion
in accordance with any Board guidance issued in accordance with section 143(6) of the Act , that there exists an asset of the scheme which is not listed in the relevant accounts, and which is not excluded from the actuarial valuation, then he shall adopt such a value for the asset as he considers is appropriate.
5
The appropriate person shall not make an adjustment to the value of an interest in real property unless the adjustment reflects a more recent valuation given by a chartered surveyor in accordance with any relevant practice statements and guidance notes issued by the Royal Institution of Chartered Surveyors current on the date that the valuation is signed.
Application of these regulations to multi-employer schemes
8
In these regulations, in the case of a scheme which is a multi-employer scheme for the purposes of the Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005, where these regulations apply to a section or a segregated part of a scheme, which is for the purposes of Part 2 of the Act, an eligible scheme, for “eligible scheme” and “scheme” substitute “section or segregated part of a scheme”.
Form and content of section 143 valuation and notice
9
1
A section 143 valuation shall be in writing, and shall contain the following information —
a
a statement of the assets and protected liabilities of the eligible scheme calculated in accordance with these Regulations and guidance issued by the Board in accordance with s143(6) of the Act;
b
a statement that the valuation was prepared in accordance with these Regulations and any guidance issued by the Board in accordance with section 143(6);
c
a statement that the valuation does not take effect until the valuation has become binding;
d
a statement that the person who prepared the valuation is an appropriate person;
e
the effective date and the date of issue of the valuation;
f
the name, address and pension scheme registration number of the scheme;
g
the name and address of the appropriate person who prepared and signed the section 143 valuation;
h
the names and contact details of the trustees or managers of the eligible scheme.
2
Where a section 143 valuation becomes binding, the notice which the Board must issue under section 145(4) shall be in writing and shall contain the following information —
a
the name or type of notice issued;
b
the date on which the notice is issued;
c
the name, address and pension scheme registration number of the scheme in respect of which the notice is issued;
d
a statement that the valuation under section 143(2) has become binding;
e
the date on which the approval of valuation notice was issued.
f
the name of the employer in relation to the scheme in respect of which the notice is issued;
g
whether the notice issued by the Board contains any restricted information and, if so, the nature of the restriction.
Prescribed qualifications for the purposes of section 143 and section 179 of the Act
10
For the purpose of the definition of actuarial valuation contained in section 143(11) and the purpose of the definition of actuary contained in section 179(2) of the Act, a person with the prescribed qualifications is —
a
a Fellow of the Faculty of Actuaries ; or
b
a Fellow of the Institute of Actuaries .
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State
Department for Work and Pensions
11th March 2005


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (Borough of Epsom and Ewell) Order 2005 and shall come into force on 4th April 2005.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the borough of Epsom and Ewell.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Charlotte Atkins
Parliamentary Under Secretary of State
Department for Transport
22nd February 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Prospectus Regulations 2005 and come into force on 1st July 2005.
2
In these Regulations, “ the Act ” means the Financial Services and Markets Act 2000 as amended by the Financial Services and Markets Act 2000 (Market Abuse) Regulations 2005 .
Amendments to primary and secondary legislation
2
1
Schedule 1 (which contains amendments to the Act) has effect.
2
In the Act, insert the Schedule contained in Schedule 2 as Schedule 11A to the Act.
3
Schedule 3 (which contains miscellaneous amendments) has effect.
Vernon Coaker
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
26th May 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Attendance Targets) (England) Regulations 2005, and shall come into force on 14 th February 2005.
2
These regulations apply only in relation to England.
Interpretation
2
1
In these Regulations —
“absence” means an occasion when a relevant day pupil is recorded as absent from a school in accordance with the Education (Pupil Registration) Regulations 1995 ;
“the total possible attendances” means the number produced by multiplying the number of relevant day pupils at the school by the number of school sessions in the applicable period in that year;
“relevant day pupil” means a registered pupil of compulsory school age apart from a boarder;
“the applicable period” means the period starting with the beginning of a school year and finishing with the end of the school day falling on the Friday before the last Monday in May in that school year.
Duty to set school attendance targets
3
The governing body of every maintained school other than a special school established in a hospital shall set annual targets for reducing the number of absences from school in accordance with regulation 4.
4
1
The governing body shall set a target and shall submit it to the local education authority–
a
by 1 st April 2005 for the school year commencing later in that year;
b
by 31 st December 2005 for the school year commencing in 2006; and
c
by 31 st December 2006 for the school year commencing in 2007.
2
The annual target shall be the total absences expected in the school year, expressed as a percentage of the total possible attendances by pupils at the school.
Agreement and notification of targets
5
1
Where the local education authority is not satisfied with a target submitted by a governing body it shall forthwith give notice to the governing body; and the governing body shall submit a revised target within 21 days of receipt of such a notice.
2
Where the local education authority is not satisfied with a revised target submitted under paragraph (1) it shall set the target.
3
The local education authority shall within one month of each of the dates in regulation 4(1) above or as soon as possible thereafter notify the Secretary of State of all the targets submitted to it or set by it under this regulation for the relevant school year.
Modification of targets
6
A governing body shall not modify a target which has been submitted to the Secretary of State without the agreement of the local education authority.
Revocation
7
The Education (School Attendance Targets) (England) Regulations 1999 are hereby revoked.
Derek Twigg
Parliamentary Under Secretary of State
Department for Education and Skills
17th January 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health Protection Agency Regulations 2005.
2
Regulations 1 to 6 shall come into force on 25 March 2005 and regulation 7 shall come into force on 1 April 2005.
3
In these Regulations —
“ the Act ” means the Health Protection Agency Act 2004;
“ the Agency ” means the Health Protection Agency established by section 1(1) of the Act;
“the chairman” means the chairman of the Agency;
“health service body” means any of the following, namely —
a Strategic Health Authority,
a Health Authority,
a Special Health Authority,
a health board constituted under section 2 of the National Health Service (Scotland) Act 1978 ,
a Primary Care Trust,
a Local Health Board,
the Common Services Agency for the Scottish Health Service,
an NHS trust, including such a trust established under the National Health Service (Scotland) Act 1978,
an NHS foundation trust,
the Independent Regulator of NHS Foundation Trusts,
the Commission for Healthcare Audit and Inspection,
the Dental Practice Board or the Scottish Dental Practice Board,
the Public Health Laboratory Service Board,
the Secretary of State,
the National Assembly for Wales,
the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972 ,
a special health and social services agency established under the Health and Personal Services (Special Agencies) (Northern Ireland) Order 1990 ,
a Health and Social Services Board established under the Health and Personal Social Services (Northern Ireland) Order 1972 ,
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 , and
the Department of Health, Social Services and Public Safety in Northern Ireland;
“the NHS Act ” means the National Health Service Act 1977 ;
“the NHS Tribunal” means the Tribunal constituted under section 46 of the NHS Act for England and Wales;
“the NRPB ” means the National Radiological Protection Board established under the Radiological Protection Act 1970 ;
“primary care list” means —
a list referred to in section 49N(1)(a) to (c) of the NHS Act;
the list of persons undertaking to provide general medical services prepared in accordance with regulations made under section 29 of the NHS Act as the list existed on or before 31 March 2004;
a list of persons approved by a Primary Care Trust or Health Authority for the purpose of assisting in the provision of general medical services prepared in accordance with regulations under section 43D(1) of the NHS Act as such a list existed on or before 31 March 2004; or
a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 1997 as such a list existed on or before 31 March 2004.
Appointment and tenure of office of chairman and members
2
1
The prescribed number of —
a
non-executive members, excluding the chairman, shall be not less than five and not more than twenty,
b
executive members, excluding the chief executive, shall be not less than one and not more than four.
2
Subject to regulation 6 (termination of tenure of office of chairman and non-executive members), the term of office of the chairman and non-executive members shall be such period, not exceeding five years, as is specified when the appointment is made by the Secretary of State or, as the case may be, a devolved authority.
3
Subject to regulation 3 (disqualification for appointment), the chairman and any non-executive member shall, on the termination of that office, be eligible for re-appointment.
4
Regulations 4 (cessation of disqualification) and 6 (termination of tenure of office of chairman and non-executive members) apply to a non-executive member appointed by a devolved authority as if each reference to the Secretary of State were a reference to the relevant devolved authority.
Disqualification for appointment
3
1
Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-executive member if —
a
he has, within the preceding five years, been convicted in the United Kingdom of any offence or convicted elsewhere of an offence which, if committed in any part of the United Kingdom, would constitute a criminal offence in that part, and in either case has been sentenced to a period of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine, and which has not been quashed on appeal;
b
he is the subject of a bankruptcy restrictions order or interim bankruptcy restrictions order or has had a sequestration of his estate awarded;
c
he has been dismissed, otherwise than by reason of redundancy, from any paid employment with —
i
a health service body, or
ii
the NRPB;
d
he is a person whose tenure of office as a chairman or as a member or director of a health service body or the NRPB and in the case of an NHS foundation trust as a governor of a trust, has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management of, the health service body, the NRPB, or the health service that he should continue to hold that office,
ii
he failed, without reasonable cause, to attend any meeting of that health service body or, as the case may be, the NRPB, for a period of three months or more, or
iii
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
e
he —
i
is the subject of a national disqualification pursuant to section 49N of the NHS Act ,
ii
was refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the NHS Act and was not subsequently nominated, approved or included in a primary care list,
iii
has been refused admission to a primary care list on grounds corresponding to the conditions referred to in section 49F(2), (3) or (4) of the NHS Act and has not subsequently been included in a primary care list,
iv
is conditionally included in a primary care list ,
v
has been removed from a primary care list on any of the grounds set out in section 49F(2), (3) or (4) of the NHS Act or by a direction of the NHS Tribunal and has not subsequently been included in such a list,
vi
is contingently removed from a primary care list , or
vii
is suspended from a primary care list or is treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002 ,
and in this sub-paragraph any reference to a provision in the NHS Act includes a reference to the provision corresponding to that provision in Scotland and Northern Ireland;
f
he is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 or the Company Directors Disqualification (Northern Ireland) Order 2002 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order);
g
he has been —
i
removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he, by his conduct, contributed to or facilitated, or
ii
removed under section 7 of the Law Reform (Miscellaneous Provisions)(Scotland) Act 1990 (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body.
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c) a person shall not be treated as having been in paid employment by reason only of his having been —
a
Chairman or a member or director of the NRPB or a health service body other than an NHS foundation trust; or
b
Chairman, a governor or non-executive director of an NHS foundation trust.
Cessation of disqualification
4
1
Subject to paragraph (2), a person who is disqualified under regulation 3(1)(c) or (g)(i) may, after the expiry of two years beginning on the date of the dismissal or removal, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
2
Where the Secretary of State refuses an application to remove a disqualification, no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
3
Where a person is disqualified under regulation 3(1)(d), the disqualification shall cease on the expiry of the period of two years beginning on the date upon which that person’s tenure of office was terminated or such longer period as was specified when the tenure of office was terminated but, on application being made to the Secretary of State by that person, the Secretary of State may reduce the period of disqualification.
Remuneration and allowances of chairman and non-executive members
5
1
The Secretary of State may determine the amount of the remuneration the Agency is to pay the chairman and non-executive members of the Agency.
2
The Secretary of State may determine the amount the Agency is to pay by way of a pension, allowance or gratuity to or in respect of the chairman or a non-executive member of the Agency.
3
Where a person ceases to be chairman or a non-executive member of the Agency and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may decide that the Agency shall make him a payment of such amount as the Secretary of State may determine.
4
Payments under this regulation shall be made at such times and in such manner and subject to such conditions as the Secretary of State may determine.
Termination of tenure of office of chairman and non-executive members
6
1
The chairman or a non-executive member may resign from that office at any time during the term of that office by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Agency or of the health service that the chairman or a non-executive member should continue to hold office, the Secretary of State may immediately terminate that person’s tenure of office by giving that person notice in writing to that effect.
3
If the chairman or a non-executive member fails to attend any meeting of the Agency for a period of three months the Secretary of State shall immediately terminate that person’s tenure of office unless satisfied that —
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meetings of the Agency within such a period as the Secretary of State considers reasonable.
4
Where a person has been appointed to be the chairman or a non-executive member, and —
a
he becomes disqualified for appointment under regulation 3, he shall notify the Secretary of State in writing of such disqualification, or
b
it comes to the notice of the Secretary of State that at the time of his appointment or later he was so disqualified, the Secretary of State shall immediately declare that the person in question was not duly appointed and notify him in writing to that effect, and
his tenure of office, if any, shall be terminated and he shall cease to act as chairman or non-executive member.
Directions - health functions
7
The Secretary of State directs the Agency —
a
to undertake the function of the designation of vaccinating centres in England for vaccination or revaccination against Yellow Fever for the purposes of the International Health Regulations (1969) ; and
b
to exercise his function of appointment of medical inspectors under paragraph 1(2) of Schedule 2 to the Immigration Act 1971 in relation to medical inspectors who exercise functions otherwise than in Wales.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
28th February 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 and shall come into force on 5th December 2005.
2
In these Regulations —
“section 49A(1) duty”, in relation to a public authority, means its duty under section 49A(1) of the Disability Discrimination Act 1995; and
“school” means a school maintained by a local education authority.
Preparation and publication of a Disability Equality Scheme
2
1
A public authority listed in Schedule 1 shall, on or before the relevant publication date, publish a Disability Equality Scheme (“Scheme”), that is, a scheme showing how it intends to fulfil its section 49A(1) duty and its duties under these Regulations.
2
Such an authority shall involve in the development of the Scheme disabled people who appear to that authority to have an interest in the way it carries out its functions.
3
A Scheme shall include a statement of —
a
the ways in which such disabled people have been involved in its development;
b
that authority’s methods for assessing the impact of its policies and practices, or the likely impact of its proposed policies and practices, on equality for disabled persons;
c
the steps which that authority proposes to take towards the fulfilment of its section 49A(1) duty;
d
that authority’s arrangements for gathering information on the effect of its policies and practices on disabled persons and in particular its arrangements for gathering information on —
i
their effect on the recruitment, development and retention of its disabled employees,
ii
their effect, in the case of an authority specified in Part II, III or IV of Schedule 1, on the educational opportunities available to, and on the achievements of, disabled pupils and students, and
iii
the extent to which, in the case of an authority specified in Part I of Schedule 1, the services it provides and those other functions it performs take account of the needs of disabled persons; and
e
that authority’s arrangements for making use of such information to assist it in the performance of its section 49A(1) duty and, in particular, its arrangements for —
i
reviewing on a regular basis the effectiveness of the steps referred to in sub-paragraph (c), and
ii
preparing subsequent Schemes.
4
Such an authority shall review its Scheme and publish a revised Scheme —
a
not later than the end of the period of three years beginning with the date of publication of its first Scheme; and
b
subsequently at intervals of not more than three years beginning with the date of publication of the last revision of the Scheme.
5
Such an authority may comply with the duty to publish under paragraph (1) or (4) by setting out its Scheme as part of another published document or within a number of other published documents.
6
In this regulation, “the relevant publication date” means —
a
in the case of a public authority listed in Part I or II of Schedule 1, 4th December 2006;
b
in the case of a public authority listed in Part III of Schedule 1, 3rd December 2007;
c
in the case of a public authority listed in Part IV of Schedule 1, 1st April 2007.
Implementation of the Disability Equality Scheme
3
1
A public authority listed in Schedule 1 shall within the period of three years beginning with the date when a Scheme prepared for the purposes of regulation 2 is published —
a
take the steps which it has been required to set out in the Scheme by virtue of regulation 2(3)(c); and
b
put into effect its arrangements, which it has been required to set out in the Scheme by virtue of regulations 2(3)(d) and (e), for —
i
gathering information, and
ii
making use of such information.
2
Nothing in this regulation imposes any duty on an authority where, in all the circumstances, it would be unreasonable or impracticable for it to perform the duty.
Annual reporting
4
1
A public authority listed in Schedule 1 shall publish a report —
a
not later than the end of the period of one year beginning with the date of publication of its first Scheme; and
b
subsequently at intervals of not more than one year beginning with the date of publication of the last report.
2
The report shall contain a summary of —
a
the steps the authority has taken for the purposes of regulation 3(1)(a);
b
the results of the information-gathering it has carried out for the purposes of regulation 3(1)(b)(i); and
c
the use it has made of such information it has gathered for the purposes of regulation 3(1)(b)(ii).
3
Such an authority may comply with the duty to publish under paragraph (1) by setting out its report within another published document.
Duty on public authorities listed in Schedule 2
5
1
A reporting authority shall, in respect of its policy sector, publish a report —
a
not later than 1st December 2008; and
b
subsequently not later than the end of each successive period of three years beginning with 1st December 2008.
2
The report shall —
a
give an overview of progress towards equality of opportunity between disabled persons and other persons made by public authorities operating in the policy sector; and
b
set out the reporting authority’s proposals for the coordination of action by public authorities operating in that sector so as to bring about further progress towards equality of opportunity between disabled persons and other persons.
3
In paragraph (1) —
“reporting authority” means a person specified in Schedule 2;
“policy sector” means the sector of public activity in which the reporting authority carries out public functions.
Signed by the authority of the Secretary of State for Work and Pensions.
Anne C McGuire
Parliamentary Under-Secretary of State,
Department for Work and Pensions
21st October 2005


text:
Citation and commencement
1
1
This Order may be cited as the Travel Concessions (Extension of Entitlement) (England) Order 2005.
2
This article and article 2 shall come into force on 30th December 2005.
3
Article 3 shall come into force on 1st April 2006.
Amendment of the Greater London Authority Act 1999
2
1
The Greater London Authority Act 1999 is amended as follows.
2
In section 242 (reserve free travel scheme for London residents: requirements as to scope) —
a
in subsection (8), for “half-price concession” substitute “waiver of the fare”, and
b
omit subsection (9).
Amendment of the Transport Act 2000
3
1
The Transport Act 2000 is amended as follows.
2
In section 145 (mandatory concessions outside Greater London), in subsection (1), for “be provided with a half-price travel concession” substitute “a concession consisting of a waiver of the fare for the journey”.
3
In section 146 (mandatory concessions: supplementary), omit the definition of “a half-price travel concession”.
4
In section 162 (interpretation of Part 2), in subsection (1), omit the definition of “half-price travel concession”.
5
The amendments made by this article have effect as respects England only.
Signed by authority of the Secretary of State
Karen Buck
Parliamentary Under Secretary of State,
Department for Transport
22nd November 2005


text:
Title, application and commencement
1
These Regulations may be cited as the Avian Influenza (Preventive Measures) Regulations 2005; they apply in England only and come into force at 12 p.m. on 28th October 2005.
Interpretation
2
In these Regulations —
“ the Act ” means the Animal Health Act 1981;
“the 2005 avian influenza survey ” means the survey for avian influenza being carried out by the Secretary of State in accordance with Commission Decision 2005/464/ EC on the implementation of survey programmes for avian influenza in poultry and wild birds to be carried out in the Member States and with the national plan approved by Commission Decision 2005/732/EC approving the programmes for the implementation of Member States' surveys for avian influenza in poultry and wild birds during 2005 and laying down reporting and eligibility rules for the Community financial contribution to the implementation costs of those programmes ;
“avian influenza” means an infection of poultry or other captive birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six week old chickens greater than 1.2;
“commercial poultry premises” means premises where poultry are kept for commercial purposes and does not include premises where all poultry and their eggs are kept by their owners for their own consumption or, in the case of poultry, as pets;
“the Commission Decision ” means Commission Decision 2005/734/EC laying down biosecurity measures to reduce the risk of transmission of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 from birds living in the wild to poultry and other captive birds and providing for an early detection system in areas at particular risk , as amended by Commission Decision 2005/745/EC ( OJ No L 279, 22.10.2005, p. 79) ;
“inspector” means an inspector appointed by a local authority for the purposes of these Regulations or under the Act;
“local authority” means —
in any part of England where there is, within the meaning of Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough, the council of that borough;
in the city of London, the Common Council;
“other captive bird” means any bird other than poultry kept in captivity, including any bird kept for shows, races, exhibitions and competitions (such as ornamental birds and racing pigeons);
“poultry” means all birds that are reared or kept in captivity for the production of meat, or eggs for consumption, the production of other commercial products, for restocking supplies of game or for the purposes of any breeding programme for the production of these categories of birds;
“veterinary inspector” means an inspector appointed by the Secretary of State for the purposes of these Regulations or under the Act.
Licences, notices and declarations
3
1
Declarations, notices and licences under these Regulations shall be in writing, may be subject to conditions and may be amended, suspended or revoked in writing at any time.
2
The Secretary of State shall take such steps as she considers necessary to ensure that declarations, licences and notices are brought to the attention of those who may be affected by them and, in particular, shall ensure that the extent of any zone declared under these Regulations, the nature of the restrictions and requirements applicable within it and the dates of its declaration and withdrawal (and any suspension of it) are publicised.
Risk assessment and imposition of restrictions
4
1
The Secretary of State shall evaluate the risk of the transmission of avian influenza virus (in particular virus of the sub-type H5N1) from wild birds to poultry or other captive birds in England, taking into account the criteria and risk factors set out in Annex I to the Commission Decision.
2
Having carried out such an evaluation, the Secretary of State shall, if she considers it necessary to reduce the risk of transmission of avian influenza (in particular virus of the sub-type H5N1) —
a
declare an avian influenza prevention zone in all or part of England; or
b
serve a restrictions notice on the occupier of any premises where poultry, other captive birds or any specified species of poultry or captive birds are kept.
3
A restrictions notice may, on the instruction of the Secretary of State, be served by an inspector.
4
The Secretary of State shall, in a declaration of an avian influenza prevention zone or in a restrictions notice, impose (to the extent that they are appropriate and practicable), such of the following requirements as she considers necessary —
a
poultry and other captive birds must be housed or otherwise kept separate from wild birds;
b
domestic ducks and geese must be housed or otherwise kept separate from other poultry and other captive birds;
c
poultry and other captive birds must be fed and provided with drinking water indoors or under a shelter which prevents wild birds from gaining access to the food or water supply;
d
bodies of water to which poultry have access for animal welfare reasons must be sufficiently screened off from wild waterfowl;
e
drinking water provided to poultry and other captive birds must not be sourced from surface water reservoirs unless the water has been treated to render any virus it may contain inactive;
f
birds of the orders Anseriformes (including ducks, geese and swans) and Charadriiformes (including gulls, murres, terns, avocets, puffins, woodcock, oystercatchers, sandpipers, plovers, surfbirds, snipes and skimmers) must not be used as decoys during bird-hunting except —
i
for the purpose of attracting birds for sampling as part of the 2005 avian influenza survey; and
ii
under the authority of a licence granted by a veterinary inspector;
g
keepers of poultry or other captive birds must immediately notify the Secretary of State of the following as regards any flock of such birds —
i
any drop in feed and water intake of more than 20%;
ii
any drop in egg production of more than 5% for more than 2 days;
iii
a mortality rate greater than 3% in a week;
h
keepers of poultry and other captive birds and any other persons who come into contact with such birds or who enter or leave premises where they are kept must take appropriate biosecurity measures;
i
such other appropriate and practicable requirements as the Secretary of State considers necessary —
aa
to prevent any direct or indirect contact which wild birds might otherwise have with poultry and other captive birds; and
bb
to ensure separation between domestic ducks and geese on the one hand and other poultry on the other.
5
A declaration of an avian influenza prevention zone shall —
a
specify the boundaries of the avian influenza prevention zone; and
b
specify the requirements which apply in the zone.
6
Any premises which are partly inside and partly outside an avian influenza prevention zone shall be deemed to be wholly within it.
7
Any person to which restrictions in a declaration or a notice under these Regulations apply shall comply with such restrictions, except to the extent that he is authorised to do otherwise by a licence issued by a veterinary inspector.
Prohibition on fairs, markets, shows and other gatherings
5
1
No person shall permit birds to be collected together at any fair, market, show, exhibition or other gathering except under the authority of a licence issued by the Secretary of State.
2
The Secretary of State shall only grant a licence if a veterinary risk assessment has been carried out and she is satisfied that the gathering and the transit of birds to and from the gathering would not significantly increase the risk of the transmission of avian influenza virus (in particular of virus of the sub-type H5N1).
Identification of poultry premises
6
1
Any person who keeps 50 or more poultry on commercial poultry premises shall make a written record of the following —
a
the address of the premises and their holding number (if they have one);
b
the owner of the poultry and the person with day to day management of the premises where they are kept (if different);
c
the species kept at the premises;
d
the husbandry system or systems in use at the premises (for example, whether poultry are kept for meat, hatching eggs, or eggs for consumption);
e
the maximum number of each species of poultry that could be present on the premises;
f
any factors (such as seasonal stocking variations) which might result in significant differences in the numbers or species of poultry on the premises;
g
the number and species of any poultry with access to the open air;
h
the presence on or in the vicinity of the premises of any body of water which attracts wild birds;
i
such other information as the Secretary of State requires for the purpose of carrying out a risk assessment under regulation 4 or 5 or otherwise complying with the Commission Decision.
2
The person who makes this written record shall notify this information to the Secretary of State by the date which the Secretary of State shall specify in further regulations.
3
The person who makes the written record shall inform the Secretary of State if poultry have not been kept on the premises for over a year.
Identification of other premises
7
1
The Secretary of State shall (if she considers it necessary for the purpose of carrying out a risk assessment under regulation 4 or 5 or otherwise complying with the Commission Decision), require, in writing, any keeper of poultry or other captive birds on premises other those to which regulation 6 applies to comply with some or all of the requirements of regulation 6.
2
For the purposes of this Regulation, regulation 6 shall be read as if references to poultry included reference to other captive birds.
Monitoring of premises
8
The Secretary of State shall ensure that veterinary inspectors and inspectors who inspect premises where poultry or other captive birds are kept monitor compliance with these Regulations.
Powers of inspectors
9
1
A veterinary inspector or an inspector may enter any premises for the purpose of ascertaining whether these Regulations (or any declaration, notice or licence under them) are being or have been complied with and may —
a
inspect and copy any records (in whatever form they are held) kept under these Regulations, or remove such records to enable them to be copied;
b
inspect and check the operation of any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require (including providing him with any necessary passwords) and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;
c
mark any bird or other thing for identification purposes; and
d
take with him such persons and equipment as he considers necessary.
2
Any person who defaces, obliterates or removes any mark applied under paragraph (3)(c) shall be guilty of an offence.
3
If a veterinary inspector or an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
Enforcement and offences
10
1
The following provisions of the Act apply as if these Regulations were an Order made under the Act —
a
section 60 (duties and authorities of constables),
b
section 66 (refusal and obstruction),
c
section 67 (issue of false licences etc. )
d
section 68 (issue of licences etc. in blank),
e
section 71 (other offences as to licences);
f
section 71A, (prosecutions: time limit);
g
section 73 (general offences);
h
section 75 (penalties for certain summary offences);
i
section 77 (money recoverable summarily); and
j
section 79(1) to (4) (evidence and procedure).
2
Section 69 of the Act (falsely obtaining licences etc.) shall apply as if licences under these Regulations were under an Order made under the Act.
3
Where a body corporate is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
4
For the purposes of paragraph (3), “director” in relation to a body corporate managed by its members, means a member of the body corporate.
5
The local authority shall enforce these Regulations unless directed otherwise by the Secretary of State pursuant to paragraph (6).
6
The Secretary of State may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (5) shall be discharged by the Secretary of State and not by the local authority.
Powers of inspectors in case of default
11
1
If a person fails to comply with a requirement of these Regulations or of a declaration, notice or licence under them, a veterinary inspector or an inspector may take any steps he considers necessary to ensure the requirement is met, including —
a
seizing, detaining or disposing of any bird moved, kept or otherwise dealt with in breach of these Regulations and of any such declaration, notice or licence; and
b
directing any person to take or refrain from specified action in respect of any place, bird, animal, vehicle, product or other thing.
2
Any steps taken are without prejudice to proceedings for an offence arising out of the default.
3
The person in default shall reimburse any reasonable expenses incurred by the Secretary of State or the local authority in taking such steps and any such reimbursement is recoverable summarily.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
11:10 am on 28th October 2005