text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Homoeopathic Medicinal Products for Human Use) Amendment Regulations 2005 and shall come into force on 30th October 2005.
2
In these Regulations “the Homoeopathic Regulations ” means the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 .
Amendment of regulation 1 of the Homoeopathic Regulations
2
1
Regulation 1 of the Homoeopathic Regulations (citation, commencement and interpretation) is amended as follows.
2
In paragraph (2) —
a
after the definition of “certificate of registration” insert the following definition —
“concerned member State” means an EEA state, the competent authority of which receives an application to obtain recognition, according to the procedure laid down in Articles 28 and 29(1) to (3) of the 2001 Directive, of an EC registration;
;
b
in the definition of “the 2001 Directive” after “as amended” insert —
by —
Directive 2002/98/EC of the European Parliament and of the Council setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components ,
Commission Directive 2003/63/EC amending Directive 2001/83/EC on the Community code relating to medicinal products for human use ,
Directive 2004/24/EC of the European Parliament and of the Council amending, as regards traditional herbal medicinal products, Directive 2001/83/EC on the Community code relating to medicinal products for human use , and
Directive 2004/27/EC of the European Parliament and of the Council amending Directive 2001/83/EC on the Community code relating to medicinal products for human use ;
;
c
after the definition of “the 2001 Directive” insert the following definitions —
“EEA State” means a Member State, Norway, Iceland or Liechtenstein;
“EC registration” means a registration granted by a competent authority of an EEA State in accordance with the procedure set out in Article 14 of the 2001 Directive;
;
d
in the definition of “homoeopathic medicinal product” omit “products,” and “or compositions”; and
e
after the definition of “homoeopathic medicinal product” insert the following definition —
“set of applications” means —
a number of applications to the licensing authority for regulatory assistance in connection with obtaining recognition according to the procedure laid down in Articles 28 and 29(1) to (3) of the 2001 Directive of a single certificate of registration in other EEA States, where those applications to the licensing authority all relate to applications for EC certificates of registration in other EEA States that have the same 90 day assessment period for the purposes of Article 28(4) of the 2001 Directive; or
a number of applications to competent authorities of other EEA States for EC certificates of registration relating to a single certificate of registration, where those applications all have the same 90 day assessment period for the purposes of Article 28(4) of the 2001 Directive.
.
3
In paragraph (3), for sub-paragraph (c) substitute the following sub-paragraph —
c
any expressions which are also used in the 2001 Directive shall have the same meaning as they have in the 2001 Directive and related expressions shall be construed accordingly.
.
Amendment of regulation 2 of the Homoeopathic Regulations
3
In regulation 2 of the Homoeopathic Regulations (application) after “homoeopathic medicinal products for human use” insert “to which the 2001 Directive applies and that fulfil the conditions laid down in Article 14(1) of the 2001 Directive”.
Insertion of regulation 2A of the Homoeopathic Regulations
4
After regulation 2 of the Homoeopathic Regulations insert the following regulation —
Responsibility for Member States' functions in relation to homoeopathic medicinal products
2A
1
In so far as they relate to homoeopathic medicinal products to which these Regulations apply and fall to be performed by, or by any authority of, the United Kingdom, the functions of a Member State, or of the competent authority of a Member State, under any of the provisions of the 2001 Directive shall, subject to paragraph (2), be performed by the licensing authority.
2
Paragraph (1) shall not apply in so far as any such functions fall to be performed by the exercise of any powers or duties which are conferred by any provision of these Regulations, or by any provision of the Act as applied by these Regulations, on a person or body other than the licensing authority.
.
Amendment of regulation 4 of the Homoeopathic Regulations
5
In regulation 4 of the Homoeopathic Regulations (application for certificate), for paragraph (1) substitute the following paragraph —
1
Every application for the grant or renewal of a certificate of registration shall be made in writing in accordance with the provisions of the 2001 Directive and the applicant shall comply with so much of the provisions of the 2001 Directive as contain requirements for applications, as are applicable to the application or the consideration of it.
.
Amendment of regulation 5 of the Homoeopathic Regulations
6
1
Regulation 5 of the Homoeopathic Regulations (determination of application for certificate) is amended as follows.
2
For paragraph (1) substitute the following paragraph —
1
The licensing authority shall consider every application for the grant of a certificate of registration in accordance with the provisions of the 2001 Directive and shall grant or refuse to grant the certificate in accordance with those provisions.
.
3
Omit paragraphs (2) and (3).
4
For paragraph (4) substitute the following paragraph —
4
Schedule 5 shall have effect to regulate the procedure for receiving advice and representations before granting or refusing to grant a certificate of registration.
.
5
Omit paragraphs (5) and (6).
Amendment of regulation 7 of the Homoeopathic Regulations
7
Omit regulation 7 of the Homoeopathic Regulations (requirements in respect of controls).
Insertion of regulation 7A of the Homoeopathic Regulations
8
After regulation 7 of the Homoeopathic Regulations insert the following regulation —
Obligations of holders of certificates of registration, and offences by holders of certificates of registration and other persons
7A
1
Every holder of a certificate of registration shall comply with all obligations which relate to him by virtue of the 2001 Directive.
2
The holder of a certificate of registration shall keep such documents as will facilitate the withdrawal or recall from sale or supply of any homoeopathic medicinal product to which the certificate relates.
3
Schedule 6 shall have effect to create certain criminal offences in connection with the obligations of applicants for, and holders of, certificates of registration and other persons arising under the 2001 Directive.
4
Where, by or under any provision of the 2001 Directive or of these Regulations, a person is required to provide any information or furnish any document to the licensing authority and no time is specified in that provision within which that obligation is to be performed, it shall be performed within such time as may be specified in a written notice served on that person by the licensing authority.
.
Amendment of regulation 8 of the Homoeopathic Regulations
9
1
Regulation 8 of the Homoeopathic Regulations (duration and renewal of certificates) is amended as follows.
2
In paragraph (1) —
a
before “A certificate of registration” insert “Subject to paragraph 2A,”; and
b
omit the words from “or the date from which” to the end.
3
In paragraph (2) —
a
after “the licensing authority” insert “in accordance with the provisions of the 2001 Directive”; and
b
omit the words from “for five years” to the end.
4
After paragraph (2) insert the following paragraph —
2A
A certificate of registration shall cease to be valid if the homoeopathic medicinal product in respect of which it was granted is not placed on the market in the UK for a period of three consecutive years.
.
5
Omit paragraphs (3) and (4).
6
After paragraph (4) insert the following paragraph —
5
Schedule 5 shall have effect to regulate the procedure for receiving advice and representations before renewing or refusing to renew a certificate of registration.
.
Amendment of regulation 9 of the Homoeopathic Regulations
10
For regulation 9 of the Homoeopathic Regulations (suspension and revocation) substitute the following regulation —
Suspension, variation and revocation
9
1
The licensing authority may and, where appropriate shall, subject to and in accordance with the provisions of the 2001 Directive, revoke, suspend or vary a certificate of registration.
2
Schedule 5 shall have effect to regulate the procedure for receiving advice and representations before revocation, variation (otherwise than on the application of the holder) or suspension of a certificate of registration.
.
Amendment of regulation 10 of the Homoeopathic Regulations
11
In regulation 10 (withdrawal from the market), for paragraph (2) substitute the following paragraph —
2
The licensing authority may, and where appropriate shall, issue a notice referred to in paragraph (1), subject to and in accordance with the provisions of the 2001 Directive.
.
Amendment of regulation 11 of the Homoeopathic Regulations
12
Omit regulation 11 of the Homoeopathic Regulations (variation of certificates).
Amendment of regulation 13 of the Homoeopathic Regulations
13
1
Regulation 13 of the Homoeopathic Regulations (fees for applications for certificates) is amended as follows.
2
Regulation 13 shall be renumbered as paragraph (1) of that regulation.
3
After paragraph (1) insert the following paragraph —
2
In connection with each application or set of applications to the licensing authority for regulatory assistance in connection with obtaining recognition according to the procedure laid down in Articles 28 and 29(1) to (3) of the 2001 Directive of a single certificate of registration in another EEA State or in other EEA States, there shall be payable by the applicant the fee prescribed in Schedule 2A in connection with the application or set of applications.
.
Amendment of regulation 16 of the Homoeopathic Regulations
14
1
Regulation 16 of the Homoeopathic Regulations (time for payment of fees) is amended as follows.
2
In paragraph (1), for “13” substitute “13(1)”.
3
After paragraph (1), insert the following paragraph —
1A
Any fee to which regulation 13(2) of these Regulations refers shall be payable to the licensing authority at the time when, in connection with the application or set of applications for regulatory assistance, a request is made pursuant to Article 28(2) of the 2001 Directive for an assessment report to be prepared or updated.
.
Amendment of Part IV of the Homoeopathic Regulations
15
After regulation 19 of the Homoeopathic Regulations (application of the act to certificates of registration) insert the following regulation —
Other Schedules to have effect
20
Schedule 7 (transitional provisions) shall have effect.
.
Revocation of Schedule 1 to the Homoeopathic Regulations
16
Schedule 1 to the Homoeopathic Regulations (accompanying material and information for applications for certificates of registration) is hereby revoked.
Amendment of Schedule 2 to the Homoeopathic Regulations
17
1
Schedule 2 to the Homoeopathic Regulations (fees for applications for the grant of certificates of registration) is amended as follows.
2
In paragraph 3 —
a
after the definition of “application” insert the following definition —
“decentralised procedure application” means an application relating to a homoeopathic medicinal product in respect of which at the time of the application —
an EC registration has not been granted in any EEA State; and
an application for an EC registration has been made in more than one EEA State pursuant to Article 28(1) and (3) of the 2001 Directive;
;
b
after the definition of “identical” insert the following definition —
“mutual recognition procedure incoming application” means an application relating to a homoeopathic medicinal product in respect of which —
an EC registration has already been granted in another EEA State; and
recognition of that certificate is sought from the licensing authority by way of the grant of a certificate of registration in the United Kingdom, pursuant to the procedure in Articles 28 and 29(1) to (3) of the 2001 Directive;
; and
c
for the Table substitute the following Table —
Table
Column (1) Column (2) Column (3) Description of application Fees for applications in respect of products prepared from not more than 5 homoeopathic stocks Fees for other applications
1
An application in respect of a product which is both prepared solely from repeat stocks and is of a repeat formulation
£134 £330
2
An application in respect of a product which is either —
a
prepared solely from repeat stocks; or
b
is of a repeat formulation
£402 £592
3
A mutual recognition procedure incoming application
£465 £608
4
A decentralised procedure application where the United Kingdom is a concerned Member State
£465 £608
5
A decentralised procedure application where the United Kingdom is the reference Member State
£930 £1,217
6
Any other application
£664 £869
Insertion of Schedule 2A to the Homoeopathic Regulations
18
After Schedule 2 insert the following schedule —
SCHEDULE 2A
FEES FOR ASSISTANCE IN OBTAINING CERTIFICATES OF REGISTRATION IN OTHER EEA STATES
Regulation 13(2)
1
In this Schedule, a reference to —
a
an application to the licensing authority for regulatory assistance means a reference to —
i
a single application of that type, or
ii
a set of applications of that type,
relating to a single certificate of registration; and
b
an application for an EC registration in a concerned member State means a reference to —
i
a single application of that type, or
ii
a set of applications of that type in a number of concerned member States,
relating to a single certificate of registration.
Outgoing mutual recognition applications
2
The fee payable under regulation 13(2) in connection with an application to the licensing authority for regulatory assistance in connection with obtaining recognition in accordance with the procedure laid down in Article 28 and 29(1) to (3) of the 2001 Directive of a single certificate of registration in a concerned member State shall be —
a
if the application is in respect of a homoeopathic medicinal product prepared from not more than 5 homoeopathic stocks, £266; and
b
in any other case, £348.
.
Amendment of Schedule 4 to the Homoeopathic Regulations
19
1
Schedule 4 to the Homoeopathic Regulations (application of provisions of the Act) is amended as follows.
2
Omit the entries relating to sections 6, 21, 22, 29, 46 and Schedule 2 of the Act.
3
In the entry relating to section 44 of the Act —
a
for the entry relating to subsection (3) substitute the following entry —
as though in subsection (3) the words from the beginning to “subsection (4) of this section,” were omitted and as though “licence or” were omitted;
; and
b
for the entry relating to subsection (5) substitute the following entry —
as though subsection (5) were omitted
.
4
For the entry relating to section 45 of the Act substitute the following entry —
as though subsections (1) to (5) were omitted;
as though in subsection (8) for “subsections (1) to (6)” there were substituted “subsection (6)”
.
5
For the entry relating to section 92 of the Act substitute the following entry —
as though in paragraph (b) of subsection (4) for “licence” there were substituted “certificate” and as though after “this Act” there were inserted “or is engaged in placing medicinal products of that description on the market within the meaning of the 2001 Directive”
.
Insertion of Schedules 5 to 7 to the Homoeopathic Regulations
20
After Schedule 4 insert the following Schedules —
SCHEDULE 5
PROCEDURAL PROVISIONS RELATING TO THE GRANT, RENEWAL, VARIATION, REVOCATION AND SUSPENSION OF CERTIFICATES OF REGISTRATION
Regulations 5(4), 8(5) and 9(2)
PART 1
INTERPRETATION AND APPLICATION
Interpretation
1
In this Schedule —
“the time allowed” means the period of twenty-eight days beginning with the date of the relevant notification, or such longer period as the licensing authority may allow in any particular case.
Scope and application of this Schedule
2
Subject to paragraph 4, Part 2 applies to —
a
any application for the grant of a certificate of registration for a homoeopathic medicinal product except one made pursuant to the procedure in Article 28 of the 2001 Directive;
b
any application to renew a certificate of registration for a homoeopathic medicinal product; and
c
any proposal to revoke, vary or suspend a certificate of registration for a homoeopathic medicinal product, other than a variation on the application of the holder of that certificate of registration.
3
Subject to paragraph 4, Part 3 applies where —
a
an applicant for a certificate of registration for a homoeopathic medicinal product, or for the renewal of such a certificate; or
b
the holder of a certificate of registration for a homoeopathic medicinal product,
gives notice under paragraph 9 of his wish to appear before or be heard by a person appointed by the licensing authority.
4
This Schedule does not apply if the licensing authority —
a
declines to assess an application because an application for an EC registration in another EEA State is being examined in that State and the application to the licensing authority has not been submitted in accordance with Article 28(1) and (3) of the 2001 Directive; or
b
rejects an application where the homoeopathic medicinal product in question has an EC registration in another EEA State and the application has not been submitted in accordance with Article 28(1) and (2) of the 2001 Directive.
PART 2
PROCEDURES RELATING TO GRANT, RENEWAL, COMPULSORY VARIATION, REVOCATION OR SUSPENSION OF CERTIFICATES OF REGISTRATION
Requirement to consult the appropriate committee
5
The licensing authority shall not, at any time while this Schedule applies —
a
refuse to grant or renew the certificate of registration applied for; or
b
revoke, vary or (subject to paragraph 10 of this Schedule) suspend a certificate of registration,
on grounds relating to safety or quality, except after consultation with the appropriate committee.
Provisional opinion against certificate of registration
6
1
Where the appropriate committee are consulted under the preceding paragraph and are of the provisional opinion that, on grounds relating to safety or quality, they —
a
may be unable to advise the licensing authority to grant or renew the certificate of registration; or
b
may be unable to advise the licensing authority to grant it unless it contains provisions otherwise than in accordance with the application; or
c
may have to advise the licensing authority that the certificate of registration ought to be revoked, varied or suspended,
the appropriate committee shall notify the applicant or holder accordingly.
2
A person who has been so notified may, within the time allowed, give notice of his wish to make written or oral representations to the appropriate committee.
3
The appropriate committee shall give the applicant or holder an opportunity to make such representations in accordance with sub-paragraphs (4) to (7).
4
Subject to sub-paragraph (5), the applicant or holder shall provide the appropriate committee with —
a
his written representations or a written summary of the oral representations he intends to make; and
b
any documents on which he wishes to rely in support of those representations,
before the end of the period of six months beginning with the date of the notice referred to in sub-paragraph (2), or within such shorter period as the appropriate committee may specify in the notification under sub-paragraph (1).
5
If the applicant or holder so requests, the appropriate committee may extend the time limit referred to in sub-paragraph (4), up to a maximum period of twelve months beginning with the date of the notice referred to in sub-paragraph (2).
6
The applicant or holder may not submit any additional written representations or documents once the time limit referred to in sub-paragraphs (4) and (5) has expired, except with the permission of the appropriate committee.
7
If the applicant or holder gave notice of his wish to make oral representations, the appropriate committee shall, after receiving a written summary and any other documents in accordance with sub-paragraph (4), arrange for the applicant or holder to make such representations at a hearing before the committee.
8
The appropriate committee shall —
a
take into account such representations as are made in accordance with this paragraph; and
b
report their findings and advice to the licensing authority, together with the reasons for their advice.
Licensing authority’s decision after appropriate committee report
7
1
After receiving the report of the appropriate committee pursuant to paragraph 6(8) the licensing authority shall —
a
decide whether to refuse to grant or renew the certificate of registration, or to grant or renew it otherwise than in accordance with the application, or to proceed further with their proposal to revoke, vary or suspend the certificate of registration; and
b
take the report into account when making their decision.
2
The licensing authority shall then notify the applicant or holder of —
a
the decision made pursuant to sub-paragraph (1); and
b
the advice given to them by the appropriate committee and the reasons for that advice.
Licensing authority proposals in other cases
8
1
If —
a
the appropriate committee was consulted pursuant to paragraph 5;
b
the committee did not give a provisional opinion under paragraph 6(1); and
c
the licensing authority propose —
i
to determine an application in a way which differs from the advice of the committee,
ii
to revoke, vary or suspend a certificate of registration against such advice, or
iii
on grounds not relating to safety or quality —
aa
not to grant or renew a certificate of registration,
bb
to grant or renew a certificate of registration otherwise than in accordance with an application, or
cc
to revoke, vary or suspend a certificate of registration,
the licensing authority shall notify the applicant or holder accordingly.
2
If —
a
the appropriate committee has not been consulted pursuant to paragraph 5; and
b
the licensing authority propose, on grounds not relating to safety or quality —
i
not to grant or renew a certificate of registration,
ii
to grant or renew a certificate of registration otherwise than in accordance with an application, or
iii
to revoke, vary or suspend a certificate of registration,
the licensing authority shall notify the applicant or holder accordingly.
3
A notification given under sub-paragraph (1) or (2) shall state —
a
the advice of the appropriate committee, if any, and the reasons stated by the committee for any such advice; and
b
the proposals of the licensing authority and the reasons for them.
Right to be heard by a person appointed or to make further representations
9
1
Subject to sub-paragraph (4), a person to whom a notification has been given under paragraph 7(2) may, within the time allowed, notify the licensing authority that he wishes to appear before and be heard by a person appointed by the licensing authority with respect to the decision.
2
A person to whom a notification has been given under paragraph 8(1) or (2) may, within the time allowed —
a
notify the licensing authority that he wishes to appear before and be heard by a person appointed for the purpose by the licensing authority, or
b
make representations in writing to the licensing authority with respect to the proposal referred to in the notification.
3
If the applicant makes written representations in accordance with sub-paragraph (2)(b) of this paragraph, the licensing authority shall take those representations into account before determining the matter.
4
Sub-paragraph (1) shall not apply where —
a
the person has not made any representations in accordance with paragraph 6(4) to (7); and
b
the decision of the licensing authority was in accordance with the advice of the appropriate committee.
Cases where suspension is to have immediate effect
10
1
Paragraph 5 shall not apply to the suspension of a certificate of registration (whether or not it applies to any existing proposal to suspend or revoke the certificate) where it appears to the licensing authority that, in the interests of safety, it is necessary to suspend the certificate with immediate effect for a period not exceeding three months.
2
Where the licensing authority so suspend an certificate of registration they shall report the suspension forthwith to the appropriate committee.
11
If, after suspending a certificate of registration with immediate effect by virtue of paragraph 10 —
a
it appears to the licensing authority; or
b
the appropriate committee advise,
that the certificate of registration ought to be further suspended, or ought to be varied or revoked, the licensing authority shall proceed in accordance with the applicable provisions of this Schedule (including paragraph 10).
PART 3
HEARING BEFORE PERSON APPOINTED
Hearing before person appointed
12
1
If an applicant or holder of a certificate of registration gives notice under paragraph 9 of his wish to appear before or be heard by a person appointed by the licensing authority, the authority shall —
a
make that appointment; and
b
arrange for the applicant or holder to have an opportunity of appearing before that person.
2
The person appointed —
a
shall not be, or at any time have been, a member of —
i
the Commission on Human Medicines or any of its Expert Advisory Groups,
ii
the Medicines Commission formerly established under section 2 of the Act or any of its committees, or
iii
a committee established under section 4 of the Act, or any sub-committee of such a committee; and
b
shall not be an officer or servant of a Minister of the Crown.
3
Subject to sub-paragraph (4), the applicant or holder shall provide the person appointed with —
a
a written summary of the oral representations he intends to make; and
b
any documents on which he wishes to rely in support of those representations,
before the end of the period of three months beginning with the date of the notice referred to in sub-paragraph (1).
4
If the applicant or holder so requests, the person appointed may, after consulting the licensing authority, extend the time limit referred to in sub-paragraph (3), up to a maximum period of six months beginning with the date of the notice referred to in sub-paragraph (1).
5
If the applicant or holder fails to comply with the time limit in sub-paragraph (3) or, where he has been granted an extended time limit under sub-paragraph (4), that time limit —
a
he may not appear before or be heard by the person appointed; and
b
the licensing authority shall decide whether —
i
to confirm or alter their decision,
ii
to grant or renew the certificate of registration,
iii
to grant or renew the certificate of registration otherwise than in accordance with the application, or
iv
to revoke, vary or suspend the certificate of registration,
as the case may be.
6
The applicant or holder may not submit any additional written representations or documents once the time limit has expired, except with the permission of the person appointed.
7
At the hearing before the person appointed, both the applicant or holder and the licensing authority may make representations.
8
If the applicant or holder so requests the hearing shall be in public.
9
After the hearing —
a
the person appointed shall provide a report to the licensing authority; and
b
the licensing authority shall take this report into account and decide whether —
i
to confirm or alter their decision,
ii
to grant or renew the certificate of registration,
iii
to grant or renew the certificate of registration otherwise than in accordance with the application, or
iv
to revoke, vary or suspend the certificate of registration,
as the case may be.
10
The licensing authority shall then —
a
notify the applicant or holder of their decision;
b
if the applicant or holder so requests, provide the applicant or holder with a copy of the report of the person appointed.
SCHEDULE 6
OFFENCES, PENALTIES ETC
Regulation 7A(3)
Offences
1
Any person who, in breach of these Regulations, places a homoeopathic medicinal product on the market without holding a certificate of registration in respect of that product, or otherwise than in accordance with the terms of such a certificate, shall be guilty of an offence.
2
Any person who, in the course of a business carried on by him, sells, supplies, manufactures or assembles, or procures the sale, supply, manufacture or assembly of, a homoeopathic medicinal product, or who has in his possession a homoeopathic medicinal product, knowing or having reasonable cause to believe that the product was or is intended to be placed on the market contrary to paragraph 1 shall be guilty of an offence.
3
Without prejudice to any other sanction which may be available for the enforcement of conditions attaching to certificates of registration, any holder of a certificate of registration for a homoeopathic medicinal product who contravenes any condition of the certificate shall be guilty of an offence.
4
Any person who is or, immediately before its revocation or suspension, was the holder of a certificate of registration who fails to comply with a notice given to him under regulation 10 (withdrawal from the market) shall be guilty of an offence.
5
Any holder of a certificate of registration who fails promptly to —
a
take any steps reasonably necessary to take account of technical and scientific progress for the purposes of making any changes or amendments as required by Article 23 of the 2001 Directive; or
b
introduce any changes or make any amendments that may be required in accordance with that Article or paragraphs 3.2(9), 3.2.1.2(c) and 3.2.2.4(c) of Part I of Annex I to the 2001 Directive; or
c
provide information to the licensing authority as required by the third or fourth paragraphs of Article 23 or the first paragraph of Article 23a of the 2001 Directive; or
d
submit any application to the licensing authority to make any changes or variation as required by Article 23 of the 2001 Directive;
shall be guilty of an offence.
6
Any holder of a certificate of registration who fails to forward to the licensing authority any data requested by the authority pursuant to the final paragraph of Article 23 or of Article 23a of the Directive —
a
where the licensing authority have served a written notice on the holder under regulation 7A(4) in relation to the request, within the time specified in that notice;
b
where there is no such notice, promptly,
shall be guilty of an offence.
7
Subject to paragraph 14, any person who is the holder of a certificate of registration who fails, not less than two months before an interruption in the placing on the market of the product to which the certificate relates, to notify the licensing authority that the product is to cease to be placed on the market, shall be guilty of an offence.
8
Subject to paragraph 14, any person who is the holder of a certificate of registration who fails to ensure appropriate and continued supplies pursuant to the second paragraph of Article 81 of the 2001 Directive shall be guilty of an offence.
9
1
Subject to paragraph 14, any person who in the course of an application for the grant, renewal or variation of a certificate of registration for a homoeopathic medicinal product —
a
fails to provide to the licensing authority any information which is relevant to an evaluation of the quality of the homoeopathic medicinal product as required by Article 15 of the 2001 Directive; or
b
provides to the licensing authority any information which is relevant to an evaluation of the quality of the homoeopathic medicinal product but which is false or misleading in a material particular,
shall be guilty of an offence.
2
Subject to paragraph 14, any person who —
a
is responsible for placing a homoeopathic medicinal product on the market; or
b
is the holder of a certificate of registration for a homoeopathic medicinal product;
who provides to the licensing authority any information which is relevant to an evaluation of the quality of the homoeopathic medicinal product but which is false or misleading in a material particular shall be guilty of an offence.
10
Any holder of a certificate of registration who sells or supplies or procures the sale or supply of a homoeopathic medicinal product to which the certificate of registration relates the labelling of which, or any package insert accompanying which, does not comply with the applicable requirements of Title V of the 2001 Directive, shall be guilty of an offence.
11
Any person, other than the holder of a certificate of registration for a homoeopathic medicinal product, who in the course of a business carried on by him, sells or supplies or procures the sale or supply of a homoeopathic medicinal product knowing, or having reasonable cause to believe, that the labelling of the product, or any package insert accompanying the product, does not comply with the applicable requirements of Title V of the 2001 Directive, shall be guilty of an offence.
Penalties
12
Any person guilty of an offence under any of the preceding paragraphs shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Miscellaneous
13
Where the holder of a certificate of registration is charged with an offence under these Regulations in respect of anything which has been manufactured or assembled to his order by another person and had been so manufactured or assembled as not to comply with the provisions of that certificate, it shall be a defence for him to prove —
a
that he had communicated the provisions relating to the certificate of registration to that other person; and
b
that he did not know, and could not by the exercise of reasonable care have known, that those provisions had not been complied with.
14
1
A person does not commit an offence under paragraphs 7, 8 or 9 if he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
2
Where evidence is adduced which is sufficient to raise an issue with respect to that defence, the court or jury shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
SCHEDULE 7
TRANSITIONAL PROVISIONS
Regulation 20
1
The requirement in Article 56a of the 2001 Directive for the name of the homoeopathic medicinal product to be expressed in Braille format on the packaging shall not apply until 30th October 2010 for products in relation to which the certificate of registration was granted before 30th October 2005.
2
Until 30th October 2010, these Regulations shall apply, in so far as they relate to the labelling of medicinal products in respect of which a certificate of registration was granted before 30th October 2005, as if the 2001 Directive had not been amended by Article 1(51) of Directive 2004/27/EC .
.
Other Schedules to have effect
21
The Schedule (consequential amendments of the Act and other regulations) shall have effect.
Signed by authority of the Secretary of State for Health
Warner
Minister of State,
Department of Health
6th October 2005


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Taxes Management Act 1970 (Modifications to Schedule 3 for Pension Scheme Appeals) Order 2005 and shall come into force on 6th April 2006.
Modification of paragraph 2 of Schedule 3 to the Taxes Management Act 1970
2
1
Paragraph 2(2) of Schedule 3 to the Taxes Management Act 1970 (which specifies which General Commissioners are to have jurisdiction in respect of an appeal) applies to an appeal by a scheme administrator, under any provision of Chapter 2 or 7 of Part 4 of the Finance Act 2004 which confers a right of appeal to the General Commissioners, subject to the following modifications.
2
After paragraph (c) insert —
d
the place (if any) in the United Kingdom where the administration of the pension scheme is carried out;
e
the place (if any) in the United Kingdom where a sponsoring employer (as defined in section 150(6) of the Finance Act 2004) carries on its trade or business;
f
the place (if any) in the United Kingdom which is the place of residence of a trustee of any trust that comprises the pension scheme.
.
D. A. Hartnett
M. J. Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
14th December 2005


text:
PART 1
General
Citation and commencement
1
These Regulations may be cited as the Pensions Regulator Tribunal (Legal Assistance Scheme) Regulations 2005 and shall come into force on 15th April 2005.
Interpretation
2
In these Regulations —
“ the Act ” means the Pensions Act 2004;
“advocate” means a barrister, or a solicitor who has obtained a higher courts advocacy qualification in accordance with regulations and rules of conduct of the Law Society of England and Wales or the Law Society of Northern Ireland;
“assisted person” means a person in receipt of legal assistance;
“disposable income” and “disposable capital” mean, respectively, income and capital, calculated in accordance with regulations 16 to 33;
“legal assistance” means legal assistance in connection with proceedings which are before the Tribunal pursuant to a reference, and with regard to which a determination of the Tribunal disposing of the reference has not yet been made, and includes advice, assistance and representation for the purpose of those proceedings;
“partner” except in the expression “partner in a business” means a person with whom the applicant lives as a couple, and includes a person with whom the applicant is not currently living but from whom he is not living separate and apart;
“the Regulator” means the Pensions Regulator established under section 1 of the Act;
“representative” means a solicitor or an advocate;
“reference” means —
in England and Wales, a reference to the Tribunal under section 96(3) or 99(7) of the Act; or
in Northern Ireland, a reference to the Tribunal under Article 91(3) or 94(7) of the Pensions (Northern Ireland) Order 2005 ; and
“the Tribunal” means the Pensions Regulator Tribunal established under section 102 of the Act, and, for the purposes of these Regulations, includes —
any member of the panel of chairmen of the Tribunal established under paragraph 1 of Schedule 4 to the Act acting alone; and
any person acting on behalf of the Tribunal in accordance with regulation 42.
Scope
3
The Lord Chancellor shall fund such legal assistance as the Tribunal directs regarding a reference which the Tribunal is to determine, in relation to any individual who —
a
has referred the matter to the Tribunal; and
b
fulfils the criteria set out in regulation 8.
Applications for legal assistance
4
1
Any application shall be made in writing to the Tribunal.
2
The application shall state —
a
the name and address of the applicant;
b
the name and address of the applicant’s solicitor;
c
the Tribunal reference number allocated to the case, if known;
d
the reasons why the applicant considers it to be in the interests of justice for legal assistance to be granted; and
e
details of the financial resources of the applicant and of any other person whose resources are to be treated as his resources under these Regulations.
Provision of information
5
1
The Tribunal may direct the applicant to provide any information it requires in order to decide whether to grant his application.
2
The applicant shall provide the Tribunal with any information it requires under paragraph (1).
Legal assistance order
6
1
Where an application for legal assistance is granted, the Tribunal shall —
a
issue a legal assistance order; and
b
send a copy of the order to —
i
the applicant;
ii
the applicant’s solicitor; and
iii
the Regulator.
2
The legal assistance order shall include details of any contribution payable.
Refusal of legal assistance
7
1
Where an application for legal assistance is refused, the Tribunal shall send written reasons for the refusal to the applicant.
2
An applicant whose application for legal assistance has been refused may make a renewed application in writing to the Tribunal.
3
Any renewed application to the Tribunal under paragraph (2) shall specify any new or additional factors which the applicant wishes the Tribunal to take into account.
PART 2
Eligibility, assessment and contributions
Eligibility
8
The Tribunal shall grant legal assistance to an individual if it is satisfied that —
a
it is in the interests of justice to do so; and
b
his financial resources are such that he requires assistance in meeting the legal costs he would, but for these Regulations, be likely to incur in relation to the proceedings before the Tribunal.
Interests of justice test
9
In deciding whether it is in the interests of justice for legal assistance to be granted, the Tribunal shall take all relevant factors into account, including —
a
whether the individual would, if any matter arising in the proceedings before the Tribunal is decided against him, be likely to lose his livelihood or suffer serious damage to his reputation;
b
whether the determination of any matter arising in the proceedings may involve consideration of a substantial question of law;
c
whether the individual may be unable to understand the proceedings or to state his own case;
d
whether the proceedings may involve the tracing, interviewing or expert cross-examination of witnesses on behalf of the individual; and
e
whether it is in the interests of another person that the individual be represented.
Financial eligibility
10
1
Where a doubt arises as to whether the financial resources of an individual are such that he requires legal assistance, the doubt shall be resolved in his favour.
2
The Tribunal shall determine the financial eligibility of the applicant and any contribution payable in accordance with these Regulations.
3
The Tribunal may appoint an expert to prepare a report with regard to the financial resources of the applicant.
Resources of other persons
11
1
In calculating the disposable income and disposable capital of the applicant, the resources of his partner shall be treated as his resources.
2
Where it appears to the Tribunal that —
a
another person is, has been or is likely to be substantially maintaining the applicant; or
b
any of the resources of another person have been or are likely to be made available to the applicant,
the Tribunal may treat all or any part of the resources of that other person as the resources of the applicant.
3
In this regulation and regulation 12, “person” includes a company, partnership, body of trustees and any body of persons, whether corporate or not corporate.
Deprivation or conversion of resources
12
If it appears to the Tribunal that the applicant has, with intent to reduce the amount of his disposable income or disposable capital, whether for the purpose of making himself eligible to receive legal assistance, reducing his liability to pay a contribution, or otherwise —
a
directly or indirectly deprived himself of any resources;
b
transferred any resources to another person; or
c
converted any part of his resources into resources which under these Regulations are to be wholly or partly disregarded,
the resources which he has so deprived himself of, transferred or converted shall be treated as part of his resources or as not so converted as the case may be.
Duty to report change in financial circumstances
13
The assisted person shall immediately inform the Tribunal of any change in his financial circumstances (or those of any other person whose resources are to be treated as his resources under these Regulations) of which he is aware, or of which he should reasonably be aware, which has occurred since any assessment of his resources, and which might affect the terms on which he was assessed as eligible to receive legal assistance.
Amendment of assessment due to error or receipt of new information
14
Where —
a
it appears to the Tribunal that there has been an error in the assessment of a person’s resources or contribution, or in any calculation or estimate upon which such assessment was based; or
b
new information which is relevant to the assessment has come to light,
the Tribunal may make an amended assessment, and may take such steps equitable to give effect to it in relation to any period during which legal assistance has already been provided.
Further assessments
15
1
Where it appears that the circumstances of the assisted person may have altered so that —
a
his disposable income has increased by an amount greater than £750 or decreased by an amount greater than £300; or
b
his disposable capital has increased by an amount greater than £750,
the Tribunal shall, subject to paragraph (6), make a further assessment of the assisted person’s resources and any contribution which he is required to pay under regulation 34, in accordance with these Regulations.
2
Where a further assessment is made, the period of calculation for the purposes of disposable income shall be the period of 12 months following the date of the change of circumstances or such other period of 12 months as the Tribunal considers appropriate.
3
Where a further assessment is made, the amount or value of every resource of a capital nature acquired since the date of the original application shall be ascertained as at the date of receipt of that resource.
4
Any capital contribution which becomes payable as a result of a further assessment shall be payable in respect of the cost of the legal assistance, including costs already incurred.
5
Where legal assistance is withdrawn as a result of a further assessment of capital, the Tribunal may require a contribution to be paid in respect of costs already incurred.
6
The Tribunal may decide not to make a further assessment under paragraph (1) if it considers such a further assessment inappropriate, having regard in particular to the period during which legal assistance is likely to continue to be provided to the assisted person.
Calculation of income
16
1
The income of the individual from any source shall be taken to be the income which he may reasonable expect to receive (in cash or in kind) during the period of calculation.
2
For the purpose of this regulation and regulation 31, the period of calculation shall be the 12 months starting on the date of the application for legal assistance or such other 12 month period as the Tribunal considers appropriate.
17
1
The income from a trade, business or gainful occupation other than an occupation at a wage or salary shall be deemed to be whichever of the following the Tribunal considers more appropriate and practicable —
a
the profits which have accrued or will accrue to the individual in respect of the period of calculation; or
b
the drawings of the individual.
2
In calculating the profits under paragraph (1)(a) —
a
the Tribunal may have regard to the profits of the last accounting period of such trade, business or gainful occupation for which accounts have been prepared; and
b
there shall be deducted all sums necessarily expended to earn those profits, but no deduction shall be made in respect of the living expenses of the individual or any member of his family or household, except in so far as that person is wholly or mainly employed in that trade or business and such living expenses form part of his remuneration.
18
1
For the purposes of this regulation, “national insurance contributions” means contributions —
a
in England and Wales, under Part I of the Social Security Contributions and Benefits Act 1992 ; or
b
in Northern Ireland, under Part I of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 .
2
In calculating the disposable income of the individual, any income tax and national insurance contributions paid or payable on that income in respect of the period of calculation shall be deducted.
19
1
For the purposes of this regulation, “the Schedule” means —
a
in England and Wales, Schedule 2 to the Income Support (General) Regulations 1987 ; or
b
in Northern Ireland, Schedule 2 to the Income Support (General) Regulations (Northern Ireland) 1987 .
2
Subject to paragraph (3), in calculating the disposable income of the individual there shall be a deduction at or equivalent to the following rates (as they applied at the beginning of the period of calculation) —
a
in respect of the maintenance of his partner, the difference between the income support allowance for a couple both aged not less than 18 (which is specified in column 2 of paragraph 1(3)(d) of the Schedule), and the allowance for a single person aged not less than 25 (which is specified in column 2 of paragraph 1(1)(e) of the Schedule); and
b
in respect of the maintenance of any dependant child or dependant relative of his, where such persons are members of his household —
i
in the case of a dependant child or a dependant relative aged 15 or under at the beginning of the period of calculation, the amount specified at (a) in column 2 in paragraph 2(1) of the Schedule; and
ii
in the case of a dependant child or a dependant relative aged 16 or over at the beginning of the period of calculation, the amount specified at (b) in column 2 in paragraph 2(1) of the Schedule.
3
The Tribunal may reduce any rate provided by virtue of paragraph (2)(b) by taking into account the income and other resources of the dependant child or dependant relative to such extent as appears to the Tribunal to be equitable.
4
In ascertaining whether a child is a dependant child or whether a person is a dependant relative for the purpose of this regulation, regard shall be had to their income and other resources.
20
Where the individual is making and, throughout such period as the Tribunal considers adequate, has regularly made payments for the maintenance of —
a
a former partner;
b
a child; or
c
a relative,
who is not a member of his household, in calculating the disposable income of the individual a reasonable amount shall be deducted in respect of such payments.
21
In calculating the disposable income of the individual from any source, the Tribunal shall disregard such amount (if any) as it considers reasonable, having regard to the nature of the income or to any other circumstances.
22
Where the income of the individual consists, wholly or partly, of a wage or salary from employment, in calculating his disposable income there shall be deducted —
a
the reasonable expenses of travelling to and from his place of employment;
b
the amount of any payments reasonably made for membership of a trade union or professional organisation;
c
where it would be reasonable to do so, an amount to provide for the care of any dependant child living with the individual during the time that he is absent from home by reason of his employment; and
d
the amount of any contribution paid, whether under a legal obligation or not, to an occupational pension scheme or a personal pension scheme within the meaning of section 1 of the Pension Schemes Act 1993 .
23
1
Paragraphs (2) to (5) apply only if the individual is a householder.
2
In calculating the disposable income of the individual, the net expenses payable by him in respect of his main or only dwelling, or such part of it as is reasonable in the circumstances, shall be deducted.
3
Where the individual lives in more than one dwelling, the Tribunal shall decide which is the main dwelling.
4
For the purpose of this regulation, “net expenses” includes —
a
any annual rent payable;
b
any annual instalment (whether of interest or capital) in respect of a mortgage debt up to a maximum of an amount bearing the same proportion to the amount of the annual instalment as £100,000 bears to the debt secured; and
c
a sum in respect of yearly outgoings borne by the householder including, in particular —
i
in England and Wales, any water and sewerage charges, and any sums payable by the householder in respect of the council tax to which he is liable by virtue of section 6 of the Local Government Finance Act 1992 ;
ii
in Northern Ireland, the rates payable on the property; and
iii
a reasonable allowance towards any necessary expenditure on repairs and insurance.
5
In calculating the amount of net expenses payable, there shall be deducted —
a
in England and Wales, any council tax benefit and any housing benefit paid under the Social Security Contributions and Benefits Act 1992;
b
in Northern Ireland, any housing benefit paid under the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
c
any proceeds of sub-letting any part of the premises; and
d
an amount reasonably attributable to any person other than the individual, his partner or any dependant, who is accommodated in the premises otherwise than as a sub-tenant.
6
If the individual is not a householder, a reasonable amount in respect of the cost of his living accommodation shall be deducted.
Calculation of capital
24
Subject to the provisions of these Regulations, in calculating the disposable capital of the individual, the amount or value of every resource of a capital nature belonging to him on the date on which the application for legal assistance is made shall be included.
25
In so far as any resource of a capital nature does not consist of money, its value shall be taken to be —
a
the amount which that resource would realise if sold; or
b
the value assessed in such other manner as appears to the Tribunal to be equitable.
26
Where money is due to the individual, whether it is payable immediately or otherwise and whether payment is secured or not, its value shall be taken to be its present value.
27
The value to the individual of any life insurance or endowment policy shall be taken to be the amount which he could readily borrow on the security of that policy.
28
Other than in circumstances which are exceptional having regard in particular to the quantity or value of the items concerned, nothing shall be included in the disposable capital of the individual in respect of —
a
the household furniture and effects of the main or only dwelling house occupied by him;
b
articles of personal clothing; and
c
the tools and equipment of his trade, unless they form part of the plant or equipment of a business to which the provisions of regulation 29 apply.
29
1
Where the individual is the sole owner of or partner in a business, the value of the business to him shall be taken to be the greater of —
a
such sum, or his share of such sum, as could be withdrawn from the assets of his business without substantially impairing its profits or normal development; and
b
such sum as the individual could borrow on the security of his interest in the business without substantially injuring its commercial credit.
2
Where the individual stands in relation to a company in a position analogous to that of a sole owner or partner in a business, the Tribunal may, instead of ascertaining the value of his stocks, shares, bonds or debentures in that company, treat him as if he were a sole owner or partner in a business and calculate the amount of his capital in respect of that resource in accordance with paragraph (1).
3
Where the individual owns solely, jointly or in common with other persons, any interest on the termination of a prior estate, whether
a
legal or equitable;
b
vested or contingent;
c
in reversion or remainder; and
d
whether in real or personal property or in a trust or other fund,
the value of such interest shall be calculated in such manner as is both equitable and practicable.
30
1
In calculating the disposable capital of the individual, the value of any interest in land shall be taken to be the amount for which that interest could be sold less the amount of any mortgage debt, subject to the following —
a
in calculating the value of his interests, the total amount to be deducted in respect of all mortgage debts shall not exceed £100,000;
b
in making the deductions in sub-paragraph (a), any mortgage debt in respect of the main or only dwelling shall be deducted last; and
c
the first £100,000 of the value of his interest (if any) in the main or only dwelling in which he resides, after the application of sub-paragraphs (a) and (b), shall be disregarded.
2
Where the individual resides in more than one dwelling, the Tribunal shall decide which is the main dwelling.
31
Where under any statute, bond, covenant, guarantee or other instrument the individual is under a contingent liability to pay any sum or is liable to pay a sum not yet ascertained, the Tribunal shall disregard such amount as is reasonably likely to become payable within the period of calculation in regulation 16(2).
32
In calculating the disposable capital of the individual, the Tribunal may disregard any capital resource where —
a
the individual is restrained from dealing with that resource by order of a court;
b
he has requested the court which made the order to release part or all of that resource for use in connection with the proceedings before the Tribunal; and
c
that request has been refused.
33
In calculating the disposable capital of the individual, the Tribunal may disregard such amount of capital (if any) as it considers reasonable, having regard to the nature of the capital or to any other circumstances.
Contributions
34
1
The assisted person shall make the following contributions —
a
where his annual disposable income exceeds £3,110, monthly contributions of one thirty-sixth of the excess; and
b
where his disposable capital exceeds £3,000, a contribution of the whole of the amount of the excess.
2
All contributions shall be payable in such manner as the Tribunal directs.
3
All contributions payable under paragraph (1)(a) shall be payable monthly throughout the period the legal assistance order is in force.
4
All contributions payable under paragraph (1)(b) shall be payable upon assessment, or at such other time as the Tribunal directs.
5
Where the contribution made by the assisted person exceeds the cost to the Tribunal of the legal assistance provided to him, the excess shall be refunded to the assisted person.
35
1
Where, on determining a reference, the Tribunal directs the Regulator to —
a
vary or revoke the Regulator’s determination, and any order, notice or direction made, issued or given as a result of it; or
b
substitute a different determination, order, notice or direction,
the Tribunal may, at the hearing of the reference, order the refund of some or all of any contribution made by the assisted person.
2
In making a decision under paragraph (1), the Tribunal shall have regard to all the circumstances of the case, including the conduct of the parties.
PART 3
Assignment and amendment
Assignment of legal representatives
36
1
A legal assistance order may provide for legal assistance to be provided by a solicitor alone, or by a solicitor and one or more advocates.
2
The Tribunal, in deciding what legal assistance to grant under paragraph (1), shall take all relevant factors into account, including —
a
whether the case appears to involve substantial, novel or complex issues of law or fact;
b
whether the case is exceptional compared with the generality of such cases; and
c
the number and level of advocates instructed on behalf of the Regulator.
37
Where a reference to the Tribunal has been made on the same matter by more than one person each of whom are assisted, the Tribunal may, unless it considers it not to be in the interests of justice to do so, assign the same solicitor and, if any, advocate, to each of those individuals.
Amendment of legal assistance order
38
1
An application may be made to the Tribunal to amend a legal assistance order, and any such application shall state the grounds on which it is made.
2
The Tribunal may grant or refuse any application made under paragraph (1).
3
The Tribunal may, before granting legal assistance for more than one advocate, require written advice from any advocate already assigned to the assisted person on the question of what legal assistance is required in the proceedings.
39
1
Where an application for legal assistance has been granted, an application may be made to the Tribunal to select a representative in place of a representative previously assigned and any such application shall state the grounds on which it is made.
2
The Tribunal may grant or refuse any application made under paragraph (1).
PART 4
Withdrawal and abuse
Withdrawal of legal assistance
40
1
The Tribunal may withdraw legal assistance where —
a
the assisted person has requested that it do so;
b
there has been a change of circumstances in relation to any of the factors which the Tribunal took into account in deciding that legal assistance should be granted;
c
the assisted person has failed to provide any relevant information or evidence;
d
the assisted person has made a false statement regarding his financial resources;
e
the assisted person has failed to pay all or part of any contribution required by the Tribunal; or
f
it appears to the Tribunal to be in the interests of justice to do so.
2
Before the Tribunal withdraws legal assistance, it shall take into account any representations which are made within a reasonable time by or on behalf of the assisted person.
3
Where legal assistance is withdrawn, the Tribunal shall provide written notification of the withdrawal and of the reason for it to the assisted person and his solicitor, who shall inform any assigned advocate.
4
On any subsequent application by the assisted person for legal assistance in respect of the same proceedings, he shall declare the withdrawal of legal assistance and the reason for it.
Duty to report abuse
41
Notwithstanding the relationship between or rights of a representative and client or any privilege arising out of any such relationship, where the representative for an assisted person knows or suspects that that person —
a
has intentionally failed to comply with any provision of these Regulations concerning the information to be provided by him; or
b
in providing such information has knowingly made a false statement or false representation,
the representative shall immediately report the circumstances to the Tribunal.
PART 5
Constitution
Acts of the Tribunal
42
Any act required or authorised by these Regulations to be done by the Tribunal may be done by a member of the panel of chairmen of the Tribunal acting alone or by a person authorised by the Tribunal to carry out that act.
Signed by authority of the Lord Chancellor
David Lammy
Parliamentary Under Secretary of State
Department for Constitutional Affairs
16th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Pension Schemes (Categories) Regulations 2005 and shall come into force —
a
in the case of a pension scheme that has its main administration in the United Kingdom or that is specified in regulation 2(4), on 22nd September 2005; and
b
in all other cases, on 6th April 2006.
Prescription of certain pension schemes as occupational pension schemes
2
1
The pension schemes to which this regulation applies are prescribed as occupational pension schemes for the purposes of section 1(1) (categories of pensions schemes) of the Pension Schemes Act 1993 (“the 1993 Act ”).
2
This regulation applies to a pension scheme —
a
established —
i
for the purpose of providing benefits to, or in respect of, people with service in the employment of a participating employer, or
ii
for that purpose and also for the purpose of providing benefits to, or in respect of, other people;
b
that has its main administration in the United Kingdom or outside the member States; and
c
the terms of which provide that each participating employer is a contributor to the scheme.
3
For the purposes of paragraph (2), “participating employer” means, in relation to a pension scheme, an employer who enters into arrangements (whether before or after the coming into force of these Regulations) with a view to the provision of benefits under the scheme to people with service in the employment of that employer.
4
This regulation applies to a pension scheme established pursuant to paragraph 3.2 of Part 7 of Annex 2 to Schedule 1 to the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999 (agreement establishing implementation bodies: staffing arrangements).
5
This regulation applies to a scheme which —
a
is established —
i
for the purpose of providing benefits to, or in respect of, people with service in employments of a description; or
ii
for that purpose and also for the purpose of providing benefits to, or in respect of, other people,
and which —
b
meets the criteria set out in sub-paragraphs (a) or (b) of the definition of “public service pension scheme” in section 1(1) of the 1993 Act; or
c
is established with the concurrence of the Treasury, by or with the approval of any Minister of the Crown or established by or with the approval of the Scottish Ministers; or
d
is prescribed by regulations made by the Secretary of State and the Treasury jointly under section 1(1) of the 1993 Act as being a scheme which ought in their opinion to be treated as a public service pension scheme for the purposes of the 1993 Act.
Prescription of certain stakeholder pension schemes as personal pension schemes
3
A stakeholder pension scheme —
a
which is established under a trust,
b
the provisions of which do not require the employer of any member of the scheme to make contributions to the scheme, and
c
which would (apart from this regulation) be an occupational pension scheme,
shall be treated for all purposes as a personal pension scheme.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
25 August 2005


text:
1
This Order may be cited as the Criminal Justice and Court Services Act 2000 (Commencement No. 14) Order 2005.
2
Section 57 of the Criminal Justice and Court Services Act 2000 (testing persons in police detention) shall come into force on 1st April 2005 within the following police areas —
a
Gwent;
b
Northamptonshire; and
c
South Wales.
Caroline Flint
Parliamentary Under Secretary of State
Home Office
9th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Greenhouse Gas Emissions Trading Scheme (Approved National Allocation Plan) Regulations 2005 and shall come into force on 14th June 2005.
Specification of approved national allocation plan
2
For the purposes of the Greenhouse Gas Emissions Trading Scheme Regulations 2005 , the document entitled “Approved National Allocation Plan 2005-2007” published by the Secretary of State on 24th May 2005 is specified as the approved national allocation plan for the three year period beginning on 1st January 2005.
Elliot Morley
Minister of State
Department for Environment, Food and Rural Affairs
24th May 2005


text:
Citation and commencement
1
This Order may be cited as the Railways Act 2005 (Transitional Provisions and Savings) Order 2005, and shall come into force on 24th July 2005.
Interpretation
2
In this Order, “the 1993 Act ” means the Railways Act 1993 .
Transitional provisions and savings
3
1
The following transitional provisions shall have effect until the day appointed for the commencement of the repeal of sections 43 (other than subsection (4)), 46, 47 (other than subsection (6)), 47A and 48 and Schedule 5 of the 1993 Act.
2
Subject to paragraphs 3 to 5, each reference to a Rail Passengers' Committee in sections 43, 46, 47, 47A and 48 and Schedule 5 of the 1993 Act shall have effect as follows:
a
in relation to the area for which the London Transport Users' Committee fell to be treated as the Rail Passengers' Committee for the purposes set out in section 2(4) of the 1993 Act (Rail Passengers' Committees) immediately before the repeal of that section, each reference shall have effect as a reference to the London Transport Users' Committee.
b
in relation to any other area, each reference shall have effect as a reference to the Rail Passengers' Council established by section 19(1) of the Railways Act 2005.
3
If the London Transport Users' Committee has prepared a report under section 43(3)(c) of the 1993 Act, it shall send a copy of that report to the Rail Passengers' Council and may publish the report in any manner which it considers appropriate.
4
Section 47A of the 1993 Act shall have effect as if for subsection (3) there were substituted the words “Where objections with respect to any proposed withdrawal of service have been lodged with the Rail Passengers' Council and the London Transport Users' Committee, they may report to the Secretary of State jointly under this section or agree that their functions under this section shall be delegated to either of them”.
5
Paragraph 5(2) of Schedule 5 to the 1993 Act shall have effect as if:
a
for the words “more than one Rail Passengers' Committee, the Rail Passengers' Committees in question” there were substituted the words “the Rail Passengers' Council and the London Transport Users' Committee, they”; and
b
for the words “any of those Rail Passengers' Committees appearing” there were substituted the words “whichever of the Rail Passengers' Council and the London Transport Users' Committee appears”.
4
Anything which has been done by a Rail Passengers' Committee under sections 43, 46, 47, 47A and 48 and Schedule 5 of the 1993 Act before the coming into force of this Order shall be treated after this Order comes into force as if it had been done by the Rail Passengers' Council, so far as is necessary to give it continuing validity or effect.
5
Nothing in section 145(1) of the 1993 Act shall be construed as limiting the matters which may be included in, or made public as part of, a report of the London Transport Users' Committee under any provision of Part 1 of the 1993 Act, nor as applying to any information which has been made public as part of such a report, or which has otherwise been made available to the public by virtue of being disclosed in any circumstances in which, or for any purpose for which, disclosure is not precluded by section 145 of the 1993 Act.
Signed by authority of the Secretary of State for Transport
Derek Twigg
Parliamentary Under Secretary of State
Department for Transport
29th June 2005


text:
Citation
1
This Order may be cited as the Domestic Violence, Crime and Victims Act 2004 (Commencement No. 1) Order 2005.
Commencement
2
The following provisions of the Domestic Violence, Crime and Victims Act 2004 shall come into force on 21st March 2005 —
a
sections 5, 6, 7 and 8 (causing or allowing the death of a child or vulnerable adult);
b
section 58(1) (amendments and repeals) in so far as it relates to the paragraphs of Schedule 10 in paragraph (c) below;
c
paragraphs 2, 7, 16, 24, 26 to 27, 29, 33, 54, 56, 59 and 65 to 66 of Schedule 10 (minor and consequential amendments);
d
section 58(2) (amendments and repeals) in so far as it relates to the entries in Schedule 11 in paragraph (e) below;
e
in Schedule 11 (repeals), the entries relating to:
i
the Coroners Act 1988; and
ii
the Law Reform (Year and a Day Rule) Act 1996;
f
section 59 (transitionals and transitory provisions) in so far as it relates to the paragraph of Schedule 12 in paragraph (g) below; and
g
paragraph 2 of Schedule 12.
3
The following provisions of the Domestic Violence, Crime and Victims Act 2004 shall come into force on 31st March 2005 —
a
section 11 (common assault etc as alternative verdict);
b
sections 22 to 26 and Schedules 2 and 3 (unfitness to plead and insanity);
c
section 28 (disclosure orders for purpose of executing warrants);
d
section 29 and Schedule 5 (procedure on breach of community penalty etc);
e
section 31 and Schedule 6 (intermittent custody);
f
section 58(1) (amendments and repeals) in so far as it relates to the paragraphs of Schedule 10 in paragraph (h) below;
g
paragraphs 1, 3 to 6, 8, 12, 14, 17 to 23, 25, 31 to 32, 45 to 46, 57 to 58 and 60 to 61 of Schedule 10 (minor and consequential amendments);
h
section 58(2) (amendments and repeals) in so far as it relates to the entries in Schedule 11 in paragraph (j) below;
i
in Schedule 11 (repeals), the entries relating to:
i
the Criminal Procedure (Insanity) Act 1964;
ii
the Criminal Appeal Act 1968;
iii
the Courts-Martial (Appeals) Act 1968;
iv
the Juries Act 1974;
v
the Supreme Court Act 1981;
vi
the Mental Health Act 1983;
vii
the Prosecution of Offences Act 1985;
viii
the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991;
ix
the Armed Forces Act 1996;
x
the Crime (Sentences) Act 1997; and
xi
the Sexual Offences Act 2003;
j
section 59 (transitionals and transitory provisions) in so far as it relates to the paragraphs of Schedule 12 in paragraph (l) below; and
k
paragraphs 8 and 9 of Schedule 12.
Scotland of Asthal, Q.C.
Minister of State
Home Office
9th March 2005


text:
Citation and commencement
1
This Order may be cited as the Finance Act 2003, Section 66 (Prescribed Persons) Order 2005 and shall come into force on 11th February 2005.
NHS foundation trusts prescribed for purposes of s.66 of Finance Act 2003
2
For the purposes of section 66 of the Finance Act 2003 (stamp duty land tax: public bodies), NHS foundation trusts constituted in accordance with Schedule 1 to the Health and Social Care (Community Health and Standards) Act 2003 , are prescribed.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
20th January 2005


text:
Citation and commencement
1
This Order may be cited as the Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 and shall come into force on 5th December 2005.
Amendments to subordinate legislation
2
1
Schedule 1 (which contains amendments to miscellaneous subordinate legislation) shall have effect.
2
Schedule 2 (which contains amendments to Orders of Council relating to health care professions) shall have effect.
3
Schedule 3 (which contains amendments to subordinate legislation relating to the National Health Service) shall have effect.
4
Schedule 4 (which contains amendments to subordinate legislation relating to establishments and agencies regulated under Part 2 of the Care Standards Act 2000 , and amendment of the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003 ) shall have effect.
5
Schedule 5 (which contains amendments to subordinate legislation relating to flood management) shall have effect.
6
Schedule 6 (which contains amendments to subordinate legislation relating to the administration of estates) shall have effect.
7
Schedule 7 (which contains amendments to subordinate legislation relating to legal aid) shall have effect.
8
Schedule 8 (which contains amendments to subordinate legislation relating to Parliamentary elections in England and Wales and European Parliamentary elections) shall have effect.
9
Schedule 9 (which contains amendments to subordinate legislation relating to Parliamentary and European Elections in Northern Ireland) shall have effect.
10
Schedule 10 (which contains amendments to subordinate legislation relating to elections in Scotland) shall have effect.
11
Schedule 11 (which contains amendments to the National Assembly for Wales (Representation of the People) Order 2003 ) shall have effect.
12
Schedule 12 (which contains amendments to subordinate legislation relating to local government elections, Greater London Authority elections, local authority referendums and local authority mayoral elections) shall have effect.
13
Schedule 13 (which contains amendments to subordinate legislation relating to immigration and nationality) shall have effect.
14
Schedule 14 (which contains amendments to subordinate legislation relating to probation) shall have effect.
15
Schedule 15 (which contains amendments to subordinate legislation relating to merchant shipping) shall have effect.
16
Schedule 16 (which contains amendments to subordinate legislation relating to financial services, national savings and investments and building societies and industrial assurance) shall have effect.
17
Schedule 17 (which contains amendments to subordinate legislation relating to paternity and adoption leave and pay, sexual orientation discrimination in employment and vocational training, and employment agencies and employment businesses) shall have effect.
18
Schedule 18 (which contains amendments to subordinate legislation relating to insolvency) shall have effect.
Meg Munn
Parliamentary Under-Secretary of State for Women and Equality
Department of Trade and Industry
27th July 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pension Protection Fund (Maladminstration) Regulations 2005 and shall come into force on 6th April 2005.
2
In these Regulations —
“ the Act ” means the Pensions Act 2004;
“the complainant” means a person entitled to make a relevant complaint.
Duty to investigate and give a decision
2
The Board must investigate and give a decision on any matter complained of in a relevant complaint.
Time for making a complaint
3
1
Subject to paragraph (2) a complainant must make a relevant complaint in writing and must send it to the Board before the end of a period of 28 days beginning with the date on which the complainant first knew of, or ought reasonably to have known of, the act or omission in respect of which the complaint is made.
2
Where the circumstances of a case are such that, in the opinion of the Board, it is reasonable for a relevant complaint to be made after the end of the period specified in paragraph (1), the Board must give a decision if the complaint is made within such further period as the Board considers to be reasonable.
Form of complaint
4
1
A relevant complaint must include —
a
the name and address of the complainant;
b
the grounds on which the complaint is made;
c
the date on which the complainant first became aware of the act or omission;
d
in the case of a person who is a representative of the complainant, his name and address and whether that address is the address to be used for the purposes of the complaint.
2
The complaint must be signed and dated by the complainant or, as the case may be, his representative.
Matters to be considered in giving a decision
5
In giving a decision under regulation 2 the Board must take into account —
a
any information or documentation provided by the complainant or, as the case may be, his representative;
b
any other matters that appear to it to be relevant, including any document produced or information provided in accordance with a notice given under section 191 of the Act (notices requiring provision of information).
Time for giving decision
6
1
Subject to paragraph (2) the Board must give a decision under regulation 2 before the end of a period of 28 days beginning with —
a
the day on which it receives the relevant complaint; or
b
the last day by which any documents or information that the Board has required a person to provide in accordance with a notice given under section 191 of the Act are to have been provided,
whichever is the later.
2
If the Board is not able to give a decision before the end of the period specified in paragraph (1) it must send an interim reply to the complainant setting out the expected date for issuing the decision.
Powers on giving a decision
7
In giving a decision under regulation 2 the Board may pay such compensation to the complainant as it considers appropriate.
Matters to be included in a decision
8
A decision under regulation 2 must be given in writing and must include —
a
reasons for the decision;
b
references to any relevant legislation;
c
a statement that if the complainant is dissatisfied with it he may refer the matter to a committee of the Board for a further decision;
d
the address at which that committee may be contacted.
Notice of a decision
9
1
The Board must send a copy of a decision given under regulation 2 to the complainant or, as the case may be, his representative.
2
Subject to paragraph (3) the Board must send a summary of a decision given under regulation 2 to any person it considers may have sustained injustice in consequence of maladministration in connection with the act or omission in respect of which the decision is made.
3
Paragraph (2) does not apply where the Board considers that any injustice that a person may have suffered is likely to have been trivial.
Duty of committee of the Board to investigate and give a decision
10
Where the Board has given a decision under regulation 2 a committee of the Board must, on application following the decision, investigate matters complained of and give a decision on them.
Time for making an application to the committee
11
1
Subject to paragraph (2) a complainant must make an application under regulation 10 by sending it to the committee of the Board before the end of a period of 28 days beginning with the day on which the Board sends a copy of the decision to the complainant or, as the case may be, his representative in accordance with regulation 9.
2
Where the circumstances of the case are such that, in the opinion of the committee of the Board, it is reasonable for an application to be made after the end of the period specified in paragraph (1), the committee of the Board must give a decision if the application is made within such further period as the committee considers to be reasonable.
Form of an application
12
1
An application made under regulation 10 must be made in writing and must include —
a
the name and address of the complainant;
b
the date on which the decision under regulation 2 was given;
c
the grounds on which the application is made;
d
in the case of a person who is acting as the representative of the complainant, his name and address and whether that address is the address to be used for the purposes of the application.
2
The application must be signed and dated by the complainant or, as the case may be, his representative.
Matters to be considered by the committee in giving a decision
13
In giving a decision under regulation 10 the committee of the Board must take into account —
a
any information or documentation provided by the complainant or, as the case may be, his representative;
b
any other matters that appear to it to be relevant, including any document produced or information provided in accordance with a notice given under section 191 of the Act.
Time for giving a decision
14
1
Subject to paragraph (2) the committee of the Board must give a decision under regulation 10 before the end of a period of 28 days beginning with the day on which —
a
it receives the application made under regulation 11; or
b
the last date by which any documents or information that the committee of the Board has required a person to provide in accordance with a notice given under section 191 of the Act are to have been provided,
whichever is the later.
2
If the committee of the Board is not able to give a decision before the end of the period specified in paragraph (1) it must send an interim reply to the complainant setting out the expected date for issuing the decision.
Powers on giving a decision
15
In giving a decision under regulation 10 the committee of the Board may —
a
vary or revoke a decision already made by the Board in respect of the matters complained of in the relevant complaint;
b
substitute a different decision;
c
pay such compensation to the complainant as the committee of the Board considers appropriate.
Matters to be included in a decision
16
A decision given under regulation 10 must be given in writing and must include —
a
reasons for the decision;
b
an explanation as to whether and, if so, to what extent the decision —
i
varies or revokes the decision already made by the Board in respect of the matters complained of in the relevant complaint;
ii
substitutes a different decision;
c
details of any compensation payable by the Board;
d
references to any relevant legislation;
e
a statement that if the complainant is dissatisfied with the decision he may refer the matter to the PPF Ombudsman;
f
the address at which the PPF Ombudsman may be contacted.
Notice of a decision by the committee
17
1
The committee of the Board must send a copy of a decision given under regulation 10 to the complainant or, as the case may be, his representative.
2
Subject to paragraph (3) the committee of the Board must send a summary of a decision given under regulation 10 to any person it considers may have sustained injustice in consequence of maladministration in connection with the act or omission in respect of which the decision is made.
3
Paragraph (2) does not apply where the committee of the Board considers that any injustice that a person may have suffered is likely to have been trivial.
Independent investigation of relevant complaints
18
1
An investigation or decision by the Board in accordance with regulation 2 must not be made by any person concerned in the matter which is the subject of the relevant complaint.
2
Where the Board establishes a committee for the purposes of section 208(3)(b) of the Act and regulation 10 of these Regulations, paragraph 15 of Schedule 5 to the Act (the Board of the Pension Protection Fund-committees) applies as if after sub-paragraph (5) there were inserted —
6
A committee (or any sub-committee established by the committee under sub-paragraph (2)) established by the Board for the purposes of section 208(3)(b) and any regulations made under that section must not include any person concerned in the matter which is the subject of the relevant complaint.
.
Representation
19
1
A complainant may by sending written notice to the Board appoint a person to act as his representative for the purposes of these Regulations.
2
Where a complainant —
a
dies;
b
is a minor; or
c
is otherwise incapable of acting for himself,
the Board may allow a person to represent him.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
10th March 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Budget Statements) (England) Regulations 2005 and come into force on 31st March 2005.
2
These Regulations apply only in relation to England and only in relation to budget statements prepared for the financial year beginning on 1st April 2005.
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2000 Act ” means the Learning and Skills Act 2000 ;
“the 2002 Act ” means the Education Act 2002 ;
“the 2004 Regulations ” means the Financing of Maintained Schools (England) Regulations 2004 ;
“the Budget Regulations ” means the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2004 ;
“allocation formula” means the LEA’s formula under regulation 7 of the 2004 Regulations used to determine schools' budget shares;
“ AWPU ” means age-weighted pupil unit;
“baseline exclusions” means the exclusions referred to in Schedule 2 to the 2004 Regulations;
“budget statement” means the statement referred to in section 52(1) of the 1998 Act;
“capital expenditure” means expenditure which the LEA propose to capitalise in their accounts in accordance with proper practices being those accounting practices —
which the LEA are required to follow by virtue of any enactment, or
which so far as they are consistent with any such enactment, are generally regarded whether by reference to any generally recognised published code or otherwise, as proper accounting practices to be followed in the keeping of the accounts of local authorities, either generally or of the description concerned ;
“central expenditure” has the meaning used in paragraph 1 of Schedule 2 to the Budget Regulations;
“ CERA ” means capital expenditure which the LEA expects to charge to a revenue account of the LEA as defined in section 22 of the Local Government Act 2003 ;
“ DfES grants” for the purposes of the table in Schedule 1 means the Excellence in the Cities grant, School Standards grant, Standards Fund grant, Threshold grant, Performance Pay grant, Transitional Support grant and any other grant paid to the LEA by the Department for Education and Skills for educational purposes;
“ EFSS ” means education formula spending share as defined in the Local Government Finance Report (England) 2004/2005 ;
“ EiC ” means the Department for Education and Skills' programme known as Excellence in Cities under which partnership agreements are made between an LEA, the Secretary of State and one or more of the LEA’s schools;
“EiC grant” means the specific formula grant paid to LEAs in the EiC programme;
“factor” means one of the factors or criteria taken into account in the allocation formula;
“ FE ” means further education;
“ FF formula ” means the fair funding formula and is the formula referred to in regulation 7 of the 2004 Regulations;
“ FTE ” means full time equivalent;
“ghost-funding” means funding in accordance with regulation 12(2) of the 2004 Regulations;
“ HE ” means higher education;
“ ISB ” means the individual schools budget;
“ KS ” means a key stage as defined in section 82 of the 2002 Act;
“LEA” means a local education authority;
“ LSC ” means the Learning and Skills Council for England ;
“maintained school” means a maintained nursery school, a community, foundation or voluntary school or a community or foundation special school;
“minimum funding guarantee” has the same meaning as in Part 2 of the 2004 Regulations;
“Performance Grant” means the sum of money paid under that name to the LEA by the Secretary of State under section 14 of the 2002 Act;
“place-led funding” has the same meaning as in Part 2 of the 2004 Regulations;
“prudential borrowing costs” means expenditure incurred in borrowing money for the purpose of facilitating the modernisation and rationalisation of the school estate where the LEA —
has consulted its schools forum on the amount of any proposed borrowing,
reasonably believed in incurring the expenditure that the revenue savings that would be achieved were equal to or more than any expenditure that would have been incurred in borrowing the money, and
is able to demonstrate to the satisfaction of the Secretary of State that such revenue savings will be or have been achieved;
“pupil-led funding” has the same meaning as in Part 2 of the 2004 Regulations;
“relevant” in relation to “age”, “age group” and “year group” means an age, age group or year group separately treated in the allocation formula for the purposes of determining that part of each school’s budget share which is to be determined by reference to numbers of registered pupils;
“relevant financial year” means the financial year to which the budget statement relates; “SB” means schools budget;
“school” means a maintained school;
“School Standards Grant” means the sum of money paid under that name to the LEA by the Secretary of State under section 14 of the 2002 Act;
“ SEN ” means special educational needs;
“ SFSS ” means schools formula spending share as defined in the Local Government Finance Report (England) 2004/2005;
“special educational needs” and “special educational provision” have the meanings given to those expressions by section 312 of the 1996 Act;
“specific formula grant” means the grant known as specific formula grant paid in accordance with section 31 of the Local Government Act 2003 ;
“Standards Fund grant” means the sum of money paid under that name to the LEA by the Secretary of State under section 14 of the 2002 Act;
“statement” in relation to a pupil with special educational needs means a statement made under section 324 of the 1996 Act;
“support for schools in financial difficulty” has the meaning used in paragraph 33 of Schedule 3 to the Budget Regulations;
“Threshold administration costs” means the costs incurred by the LEA in distributing and determining the distribution of the Threshold and Performance Pay grants;
“Threshold grant” means the sum of money paid under that name to the LEA under section 14 of the 2002 Act;
“Transitional Support grant” means the sum of money paid under that name to the LEA under section 14 of the 2002 Act as support for schools in financial difficulty;
“youth service” means services provided by the LEA under sections 15B and 508 of the 1996 Act and section 114 of the 2000 Act.
2
In these Regulations —
a
references to primary or secondary schools do not include special schools;
b
references to the number or numbers of registered pupils at one or more schools are references to the number or numbers of such pupils required under the allocation formula to be used for the initial determination of that school’s budget share or those schools' budget shares for the year but ignoring any weighting in accordance with paragraph (6) of regulation 8 of the 2004 Regulations or any adjustment under paragraph (7) of that regulation; and
c
a reference to a particular class or description of expenditure in relation to maintained schools and to pupils registered at such schools includes any such expenditure of that class or description as the LEA may incur in relation to Academies and to pupils registered at Academies.
Prescribed form of, and information to be contained in, budget statements
3
A budget statement is prepared in five parts, and contains the information prescribed for the purposes of section 52(1) of the 1998 Act, as follows —
a
Part 1 is in the form prescribed in Schedule 1 and contains information in respect of both the relevant financial year and also the previous financial year regarding the level of funding available to the LEA for expenditure on schools according to the source of funding and as a percentage of national funding;
b
Part 2 is in the forms prescribed in Schedule 2 and contains information in respect of the LEA as a whole relating to the LEA’s planned expenditure for both the LEA budget and the schools budget in respect of the relevant financial year, information in respect of the LEA’s central expenditure within the schools budget, and also information on expenditure in respect of the relevant financial year in relation to the LEA’s youth service;
c
Part 3 is in the forms prescribed in Schedule 3 and contains for the relevant financial year the budget share and the amount allocated in respect of each pupil and each place in each school and the calculation of the budget share in relation to each of the LEA’s schools;
d
Part 4 is in the form prescribed in Schedule 4 and contains information relating to the minimum funding guarantee; and
e
Part 5 is in the form prescribed in Schedule 5 and contains information relating to the LEA’s allocation formula.
Prescribed manner and time of publication of budget statements
4
For the purposes of section 52(3)(b) of the 1998 Act, a budget statement is published by —
a
supplying a copy to the Secretary of State for Education and Skills; and
b
making a copy available for inspection at all reasonable times and free of charge —
i
at education offices of the LEA; and
ii
on a website maintained by the LEA and accessible to the public.
5
1
A budget statement must be published before the beginning of the relevant financial year.
2
A budget statement may not be revised during the relevant financial year other than to correct errors in the statement as previously published.
3
A revised budget statement is subject to regulations 3, 4, 5(2) and 6.
6
The LEA must furnish the governing body and head teacher of each school maintained by it with a copy of Parts 1, 2 and 5 of the budget statement and with a copy of the parts of Parts 3 and 4 of the budget statement which relate to the school in question, save that if the governing body or the head teacher so request the LEA must furnish them with a complete copy of Parts 3 and 4 of the budget statement.
Stephen Twigg
Minister of State
Department for Education and Skills
16th February 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Students and Income-related Benefits) Amendment Regulations 2005 and, subject to paragraph (2), shall come into force on 1st August 2005.
2
Regulation 2 shall come into force —
a
in the case of a person whose period of study begins on or after 1st August 2005 but before 1st September 2005, on the day the period of study begins; and
b
in any other case, on 1st September 2005.
3
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ;
“the 2003 Regulations ” means the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 ;
“period of study” for the purposes of paragraph (2) has the same meaning as in regulation 61 of the Income Support Regulations.
Amendments in relation to the calculation of grant income
2
1
The following amendments shall have effect.
2
In sub-paragraph (a) of each of the provisions specified in paragraph (4) for “£275” substitute “£280”.
3
In sub-paragraph (b) of each of the provisions specified in paragraph (4) for “£343” substitute “£352”.
4
The provisions specified for the purposes of paragraphs (2) and (3) (which relate respectively to sums to be disregarded from the calculation of grant income and from student loans) are —
a
regulations 42(3) and 47(5) of the Council Tax Benefit Regulations;
b
regulations 53(2A) and 57A(5) of the Housing Benefit Regulations;
c
regulations 62(2A) and 66A(5) of the Income Support Regulations;
d
regulations 131(3) and 136(5) of the Jobseeker’s Allowance Regulations.
5
Omit regulation 42(3A)(a) and (b) of the Council Tax Benefit Regulations and regulation 53(2B)(a) and (b) of the Housing Benefit Regulations .
6
Omit regulation 62(2B) of the Income Support Regulations except in a case to which paragraph (8) applies .
7
Omit regulation 131(3A) of the Jobseeker’s Allowance Regulations except in a case to which paragraph (9) applies .
8
This paragraph applies to a claimant to whom regulation 1(3) of the 2003 Regulations applies and in that case sub-paragraphs (a) and (b) of regulation 62(2B) of the Income Support Regulations shall be omitted .
9
This paragraph applies to a claimant to whom regulation 1(7) of the 2003 Regulations applies and in that case sub-paragraphs (a) and (b) of regulation 131(3A) of the Jobseeker’s Allowance Regulations shall be omitted .
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under Secretary of State,
Department for Work and Pensions
4 July 2005


text:
Citation and commencement
1
This Order may be cited as the Railway Heritage Scheme Order 2005 and shall come into force on 21st November 2005.
Railway Heritage Scheme
2
This scheme set out in the Schedule to this Order shall have effect.
Revocation
3
The Railway Heritage Scheme Order 1997 is hereby revoked.
Signed by authority of the Secretary of State for Transport
Derek Twigg
Parliamentary Under Secretary of State
12th October 2005