text:
Citation and commencement
1
These Rules may be cited as the Justices of the Peace (Size and Chairmanship of Bench) Rules 2005 and shall come into force on 1 April 2005.
Interpretation
2
In these Rules —
a
“election meeting” means a meeting held in accordance with rule 11;
“justice” means, in relation to a local justice area, a justice who is assigned to that area;
“justices'clerk” in relation to a local justice area, means a justices'clerk assigned to that area and includes any person acting as such;
“reserve vote” means a vote cast in accordance with rule 7(6);
“the schedule” means the Schedule to these Rules;
references to a ballot are references to a ballot conducted under these Rules;
references to a postal ballot are references to a postal ballot conducted under rule 7.
Size of bench
3
1
Subject to paragraph (2), the number of justices sitting to deal with a case as a magistrates'court shall not be greater than three.
2
Paragraph (1) shall not apply to a magistrates'court sitting as a youth court, a family proceedings court or a licensing or betting licensing committee.
Presiding justices
4
1
A justice may preside before he has been included on a list of approved court chairmen only if —
a
he is under the supervision of a justice who is on the list of approved court chairmen; and
b
he has completed the chairman training courses prescribed by the BTDC.
2
In this rule, “list of approved court chairmen” means a list kept by a Bench Training and Development Committee in accordance with rule 13 of the Justices of the Peace (Training and Appraisal) Rules 2005 .
Elections
5
1
The justices for each local justice area shall each year elect from among themselves a chairman and one or more deputy chairmen.
2
Subject to paragraph (3), a secret ballot shall be held in accordance with these Rules for the election of a chairman and for the election of deputy chairmen.
3
Paragraph (2) shall not apply where, as the case may be, the chairman or all the deputy chairmen required to fill the number of offices available have been elected under rule 6(8).
4
A justice is eligible to vote in an election if —
a
in the case of an election by postal ballot, the justice is assigned to that local justice area at the date the notices seeking nominations are posted; and
b
in the case of an election held at an election meeting, the justice is assigned to that local justice area at the date of the meeting.
Nomination procedure
6
1
The justices'clerk shall give written notice, in accordance with paragraph (2), to each justice eligible to vote in a postal ballot.
2
The notice shall —
a
notify the recipient that he may submit to the justices'clerk nominations in writing for the offices of chairman and deputy chairman, the number of which will have been determined under rule 11(2)(b);
b
specify a closing date for receipt of nominations;
c
specify the date, time and place of the election meeting;
d
be posted by first class post at least 28 days before the closing date for receipt of nominations (including the date of posting but excluding the closing date for receipt of nominations); and
e
not be posted earlier than 12 weeks, nor later than 9 weeks, before the date of the election meeting (including the date of posting but excluding the date of the election meeting).
3
A justice may not be nominated without his consent.
4
Each nomination must be proposed and seconded by justices eligible to vote in a postal ballot and shall contain the full names and signatures of the proposer, seconder and justice nominated.
5
The justices'clerk shall satisfy himself that each nomination received fulfils the requirements of paragraph (4) but shall not disclose the names of proposers and seconders.
6
If a justice nominated for election as chairman wishes, should he not be elected chairman, to be nominated for election as deputy chairman, his nomination shall contain a statement to that effect signed by the proposer, seconder and justice nominated.
7
If the statement referred to in paragraph (6) is included in a nomination for chairman, that nomination shall be treated as a nomination for the office of chairman and for the office of deputy chairman (but a justice may not hold both offices at the same time).
8
Where —
a
only one justice is nominated for election as chairman, that justice shall be elected chairman (and his nomination, if any, to the office of deputy chairman shall be treated as having been withdrawn);
b
the number of justices nominated to the office of deputy chairman equals or is less than the number of offices available, those justices shall be elected to the office of deputy chairman.
9
Nominations withdrawn before the date of posting the ballot papers shall be disregarded when determining the number of nominations for the purposes of paragraph (8).
10
If a justice is elected to the office of deputy chairman under paragraph (8)(b) and is subsequently elected chairman, he shall not take up the office of deputy chairman and his nomination for that office shall be treated as having been withdrawn before the closing date for receipt of completed ballot papers.
11
If a chairman or deputy chairman is elected under paragraph (8), the justices'clerk shall give written notice, in accordance with paragraph (12), to each justice eligible to vote in a postal ballot of the name of the justice or justices elected.
12
The notice under paragraph (11) shall be sent by first class post at least 28 days before the date of the election meeting (including the date of posting but excluding the date of the election meeting).
13
Where a justice who has been nominated for election to the office of chairman or deputy chairman ceases to be a justice at any time after nomination up to (and including) the closing date for receipt of completed ballot papers, his nomination shall be treated as having been withdrawn when he ceased to be a justice.
14
A nomination cannot be withdrawn after the closing date for receipt of completed ballot papers.
Conduct of postal ballot
7
1
Where nominations are received under rule 6 and have not been withdrawn before the date of posting the ballot papers, the secret ballot held under rule 5(2) shall be a postal ballot held in accordance with this rule.
2
The justices'clerk shall —
a
where there is to be an election of a chairman, prepare ballot papers which contain a list in alphabetical order of the justices nominated as chairman;
b
where there is to be an election of a deputy chairman or deputy chairmen, prepare ballot papers which contain a list in alphabetical order of the justices nominated as deputy chairman; and
c
send by first class post to each justice eligible to vote in a postal ballot one ballot paper for each election.
3
There must be —
a
at least 21 days between the date of posting the ballot papers and the closing date for receipt of completed ballot papers (including the date of posting but excluding the closing date for receipt of completed ballot papers); and
b
at least 7 days between the closing date for receipt of completed ballot papers and the date of the election meeting (including the closing date for receipt of completed ballot papers but excluding the date of the election meeting).
4
Each justice who votes shall write “X” on the appropriate ballot paper —
a
against the name of the justice who is his choice to be chairman,
b
where a single deputy chairman is to be elected, against the name of the justice who is his choice to be deputy chairman, and
c
where more than one deputy chairman is to be elected, against the names of as many justices as are his choice to be deputy chairmen, provided that the number of votes so cast does not exceed the number of deputy chairmen to be elected.
5
Paragraph (6) applies in the case of a justice who votes, where —
a
the nomination of a candidate has, by virtue of rule 6(7), been treated as a nomination for the office of chairman and for the office of deputy chairman,
b
the justice has voted for that person as a candidate for the office of deputy chairman,
c
the justice has cast the maximum number of votes for the office of deputy chairman permitted under paragraph (4) above, and
d
there remain candidates for the office of deputy chairman for whom the justice has not voted.
6
In a case to which this paragraph applies, a justice may, in addition to the votes he has already cast, cast a reserve vote by writing “R” on the appropriate ballot paper against the name of the justice who is his choice to be deputy chairman in the event that any other justice for whom he has voted as his choice to be deputy chairman is elected to be chairman.
7
A justice who votes shall return his ballot paper to the justices'clerk by post or by hand.
8
A ballot shall not be invalidated by reason of —
a
a ballot paper not being received by a justice eligible to vote in a postal ballot; or
b
a completed ballot paper not being received by the justices'clerk.
9
As soon as practicable after the closing date for receipt of the completed ballot papers, the justices'clerk shall —
a
determine the result of the postal ballot for election as chairman; and
b
then, subject to paragraph (10), determine the result of the postal ballot for election to the office of deputy chairman.
10
Where a chairman is not elected before the election meeting, the result of the postal ballot for the election to the office of deputy chairman shall not be determined until after a chairman has been elected at the election meeting.
11
When the result of the postal ballot has been determined, the justices'clerk shall —
a
immediately notify the candidates of the result, and
b
either give the justices written notice of the result before the election meeting or announce it at the meeting.
Determining result of postal ballot for election of chairman
8
1
This rule applies for determining the result of the postal ballot for the election of chairman.
2
Subject to paragraph (3), the justice who has received the highest number of the votes cast shall be elected chairman.
3
If two or more justices have received equally the highest number of votes, the justices'clerk shall, at the election meeting, decide between them by lot and paragraph (4) applies.
4
Where this paragraph applies —
a
the justice on whom the lot falls shall be elected chairman; and
b
the justices'clerk shall, at the election meeting, announce the name of the justice so elected.
Determining result of postal ballot for election of deputy chairmen
9
1
This rule applies for determining the result of the postal ballot for the election of one or more deputy chairmen.
2
In this rule, “requisite number” means the number of deputy chairmen to be elected.
3
Except as provided by paragraph (8), reserve votes are not to be counted for the purposes of this rule.
4
The requisite number of justices who have received the highest numbers of votes cast shall be elected deputy chairmen.
5
If —
a
two or more justices have received an equal number of votes (the “tied candidates”); and
b
taking into account the election of any justice who has received a higher number of votes than the tied candidates -
i
the election of one or more of the tied candidates is necessary to make up the requisite number, but
ii
the election of all of the tied candidates would exceed the requisite number,
the justices'clerk shall, at the election meeting, decide by lot which of the tied candidates is to be elected, and paragraph (6) applies.
6
A justice on whom the lot falls shall be elected deputy chairman and the justices'clerk shall, at the election meeting, announce the name of any justice so elected.
7
If a justice has been elected chairman and his name was included on a ballot paper for the election of deputy chairman, all the votes for him as deputy chairman shall be disregarded and shall no longer be counted as votes.
8
Where a justice has —
a
cast a vote for a candidate which has been disregarded under paragraph (7) or under rule 12(1), and
b
cast a reserve vote for any other candidate,
the reserve vote shall be counted as a vote for the purposes of this rule.
9
If any deputy chairmen remain to be elected, the justices shall elect them at the election meeting in accordance with the provisions of the schedule.
10
The election referred to in paragraph (9) shall be by secret ballot unless paragraph 3 of the schedule applies.
Election where no or insufficient nominations
10
Where —
a
no nomination for the office of chairman is received under rule 6 or where all nominations for that office are withdrawn at any time up to (and including) the closing date for receipt of completed ballot papers; or
b
fewer nominations for the office of deputy chairman are received under rule 6 than the number of deputy chairmen to be elected; or
c
one or more nominations for the office of deputy chairman are withdrawn at any time up to (and including) the closing date for receipt of completed ballot papers with the result that the remaining number of nominations for that office falls below the number of deputy chairmen to be elected,
the justices shall by secret ballot elect the chairman or the number of deputy chairmen that have still to be elected at the election meeting in accordance with the provisions of the schedule.
Election meeting
11
1
The justices for each local justice area shall hold an election meeting in October every year.
2
At the election meeting —
a
where rule 7(10) applies, the justices'clerk shall determine the result of the postal ballot for the election to the office of deputy chairman and shall announce the name of the justice or justices who has or have been elected to that office; and
b
the justices shall decide the number of deputy chairmen to be elected to take office in the year commencing on 1st January after the next election meeting.
3
Where a chairman and one or more deputy chairmen are to be elected at the election meeting, the result of the election to the office of chairman shall be announced before the election to the office of deputy chairman.
Miscellaneous provisions about ballots
12
1
If a justice withdraws his nomination on the date of posting the ballot papers or at any time after that date up to (and including) the closing date for receipt of completed ballot papers, all the votes for that justice shall be disregarded and shall no longer be counted as votes.
2
Where a ballot paper —
a
is returned unmarked; or
b
in a postal ballot is marked —
i
by writing otherwise than as indicated by rule 7(4) or 7(6), or
ii
in such a manner that there is doubt as to the intention of the voter; or
c
in a ballot held at a meeting, is marked in such a manner that there is doubt as to the identity of the justice or justices for whom the vote is cast,
the ballot paper or the vote (as the case may be) shall be rejected when the votes are counted.
3
There shall be no disclosure as to how any justice voted in any ballot.
4
The justices'clerk shall —
a
keep a note of the date that a ballot paper was received by him; and
b
keep the ballot papers received for a period of 12 months commencing with the date of the election meeting.
Period of office and eligibility for re-election
13
1
A chairman or (as the case may be) deputy chairman elected under these Rules shall, subject to rule 14(3) and (9), hold office for one year beginning on 1st January after his election and shall, subject to paragraphs (3), (4) and (5), be eligible for re-election.
2
In paragraphs (3) and (4) “previous chairman” means a justice who has held office as chairman of the justices.
3
A previous chairman shall not be eligible for re-election as chairman if, on 1st January after the election, he will have held such office for periods totalling more than two years unless at least six years have elapsed since he last held office.
4
In any event, a previous chairman shall not be eligible for re-election as chairman if, on the 1st January after the election, he will have held such office for periods totalling more than five years.
5
A justice who has held office as deputy chairman shall not be eligible for re-election as deputy chairman if on 1st January after the election he will have held such office for periods totalling more than five years.
6
Any period served as chairman or deputy chairman, as the case may be, before 1 April 2005 shall not count towards the maximum periods of service permitted by paragraphs (3), (4) and (5).
Vacancy in office
14
1
If the office of chairman or deputy chairman becomes or is about to become vacant for any reason, the justices'clerk shall give written notice sent by first class post as soon as practicable to each justice eligible to vote in a postal ballot that he may submit nominations in writing to the justices'clerk for another chairman or deputy chairman (as the case may be).
2
Rule 6(3), (4) and (5) shall apply to a nomination made under this rule as it applies to a nomination made under rule 5.
3
If only one nomination is received, the justice nominated shall hold office for the remainder of the term of the appointment of the justice whom he replaces.
4
If more than one nomination is received, the justices shall by secret ballot elect another chairman or deputy chairman (as the case may be).
5
The ballot shall be a postal ballot except that —
a
the ballot papers shall be posted by first class post as soon as practicable;
b
there shall be at least 7 days between the date of posting the ballot papers and the closing date for receipt of completed ballot papers (including the date of posting but excluding the closing date for receipt of completed ballot papers);
c
rule 7(1), (3), (9) and (10) shall not apply;
d
as soon as practicable after the closing date for receipt of completed ballot papers, the justices'clerk shall determine the result of the ballot;
e
rules 8(3), 9(5) and 9(6) shall be read as if the decision by lot shall take place before at least 3 justices (instead of at the election meeting) and the names of the justice or justices elected shall be notified to the justices by post as soon as practicable (instead of being announced at the election meeting).
6
Where no nomination for a vacancy is received, the justices'clerk shall as soon as practicable, convene a meeting of the justices for the local justice area.
7
At that meeting, the justices shall by secret ballot elect another chairman or deputy chairman (as the case may be).
8
The provisions of the schedule shall apply to the election with the following modifications —
a
the list of justices shall comprise the names of all the justices for the local justice area on the date of the meeting (excluding, in the case of an election to the office of deputy chairman, the name of any justice who holds office as chairman or deputy chairman);
b
references to the election meeting in the schedule shall be read as references to the meeting held under this rule.
9
Any justice elected under this rule shall hold office for the remainder of the term of the appointment of the justice whom he replaces.
10
Any period served as chairman or deputy chairman by virtue of this rule shall not count towards the maximum period of service permitted by rule 13(3), (4) and (5).
Absence of justice entitled to preside
15
The justices present may appoint one of their number to preside in court to deal with any case in the absence of a justice entitled to preside under rule 4, if —
a
before making such an appointment, the justices present are satisfied as to the suitability for this purpose of the justice proposed; and
b
the justice proposed has completed or is undergoing a chairman training course in accordance with rules made under section 18 of the Courts Act 2003, unless by reason of illness, circumstances unforeseen when the justices to sit were chosen, or other emergency no such justice is present.
Transitional provisions
16
Appointments made under the Justices of the Peace (Size and Chairmanship of Bench) Rules 2002 shall continue for the term specified in those Rules, as if they were still in force.
Signed by the authority of the Lord Chancellor
Christopher Leslie
Parliamentary Under Secretary of State
Department for Constitutional Affairs
8th March 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Council Tax (Prescribed Classes of Dwellings) (Amendment) (England) Regulations 2005 and shall come into force on 1st April 2005.
2
These Regulations apply to billing authorities in England only.
Amendment of Regulations
2
1
The Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003 are amended in accordance with paragraphs (2) to (4).
2
In regulation 1 (citation, commencement and application), in paragraph (2), for “dwellings” substitute “billing authorities”.
3
In regulation 2 (interpretation) in the definition of “qualifying person” omit “or” at the end of paragraph (a) and add at the end of that definition —
c
paragraph 17 of the Council Tax (Exempt Dwellings) (Scotland) Order 1997 ; or
d
paragraph 5 of the Schedule to the Council Tax (Liability of Owners) (Scotland) Regulations 1992 .
.
4
In regulation 6 (exceptions), in paragraph (2), in sub-paragraphs (a) and (b), after “another dwelling” insert “in England, Wales or Scotland”.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State, Office of the Deputy Prime Minister
28th February 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authority (Adoption) (Miscellaneous Provisions) Regulations 2005 and come into force on 30th December 2005.
2
These Regulations apply to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Adoption and Children Act 2002;
“the Agencies Regulations ” means the Adoption Agencies Regulations 2005 ;
“the Foreign Element Regulations ” means the Adoptions with a Foreign Element Regulations 2005 ;
“proposed adopter” has the same meaning as in section 44(1) of the Act; and
“social worker” means a person who is registered in —
the register for social workers maintained in accordance with section 56 of the Care Standards Act 2000 ;
the register maintained by the Scottish Social Services Council under section 44 of the Regulation of Care (Scotland) Act 2001 ; or
the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001 .
Prescribed local authorities
3
1
For the purposes of section 44(9)(a) of the Act, the following local authorities are prescribed in the following cases.
2
In the case of the proposed adoption by one person who no longer has his home in England, the prescribed local authority is the local authority for the area in which that person’s last home in England was situated.
3
In the case of the proposed adoption by a couple who no longer have their home in England and who shared together the last home they had in England, the prescribed local authority is the local authority for the area in which that home in England was situated.
4
In the case of the proposed adoption by a couple who no longer have their home in England and who did not share together the last home each had in England, the prescribed local authority is the local authority which the couple nominate, being the local authority for the area in which the last home in England of one of them was situated.
5
In the case of the proposed adoption by a couple only one of whom ever had his home in England, the prescribed local authority is the local authority for the area in which that person’s last home in England was situated.
Requirement to take steps to obtain police checks
4
For the purposes of an investigation arranged under section 44(5) of the Act, the local authority must take steps to obtain in respect of —
a
the proposed adopters; and
b
any other member of their household aged 18 or over,
an enhanced criminal record certificate within the meaning of section 115 of the Police Act 1997 including the matters specified in subsection (6A) of that section.
Fees for facilities provided in connection with adoption with a foreign element
5
1
For the purposes of section 11(2) of the Act (fees), the fee which may be charged by a local authority must be reasonable and not exceed the local authority’s costs and expenses properly incurred in providing the facilities.
2
The fee may not include any element in respect of costs and expenses incurred by the local authority in connection with —
a
a review of a qualifying determination within the meaning of section 12 of the Act; or
b
the receipt and consideration of representations made by a prospective adopter under regulation 27 of the Agencies Regulations.
3
Each local authority must, at the reasonable request of the person charged a fee under section 11(2), provide details of the method by which the fee was calculated.
4
For the purposes of section 11(2) of the Act, prescribed facilities are facilities provided by local authorities —
a
in the discharge by them of any function imposed on them under Part 4 of the Agencies Regulations (duties of adoption agency in respect of a prospective adopter), save for facilities provided under regulation 21 of those Regulations (requirement to provide counselling and information) or under regulations 15, 16 and 17 of the Foreign Element Regulations (assessment of prospective adopters – adoptions under the Convention); and
b
in relation to the preparation of —
i
pre-adoption reports; and
ii
post-adoption reports.
5
In this regulation —
“post-adoption report” means a report prepared otherwise than in accordance with the Agencies Regulations at the request of a relevant foreign authority following the adoption of a child from the country in which that authority performs its functions;
“pre-adoption report” means a report prepared otherwise than in accordance with the Agencies Regulations at the request of a relevant foreign authority following the placement for adoption of a child from the country in which that authority performs its functions and prior to that child’s adoption but does not include a report prepared in accordance with regulation 29(2) of the Foreign Element Regulations or a report required before an overseas adoption is effected; and
“relevant foreign authority” has the meaning given in regulation 2 of the Foreign Element Regulations.
Local authority provision of facilities
6
For the purposes of section 3(4)(b) of the Act (maintenance of adoption service) a local authority may provide any of the requisite facilities by securing their provision by a social worker who has at least three years' post-qualifying experience in child care social work, including direct experience of adoption work.
Maria Eagle
Parliamentary Under Secretary of State
Department for Education and Skills
8th December 2005


text:
Citation and commencement
1
These Regulations may be cited as the Police (Retention and Disposal of Motor Vehicles) (Amendment) Regulations 2005 and shall come into force on 1st November 2005.
Amendment of the Police (Retention and Disposal of Motor Vehicles) Regulations 2002
2
Subject to regulation 5, the Police (Retention and Disposal of Motor Vehicles) Regulations 2002 shall be amended in accordance with the following regulations.
3
1
In regulation 2, after the definition of “specified information” insert —
“working days” shall be taken to exclude Saturdays, Sundays, Christmas Day, Good Friday and any day which, under the Banking and Financial Dealings Act 1971 is a bank holiday in England and Wales.
2
In regulation 4 —
a
in paragraph (1), before “practicable” insert “reasonably”; and
b
in paragraph (3)(c) for “21 days” substitute “7 working days”.
4
For regulation 7 substitute —
Disposal of motor vehicles
7
1
Subject to paragraph (2), the authority may, in such manner as they think fit, dispose of the vehicle at any time if —
a
the person appearing to be the owner of the vehicle to whom a seizure notice is given under regulation 4(1) fails to comply with any requirement in that seizure notice; or
b
the authority were not able, having taken such steps as were reasonably practicable, to give a seizure notice to the person appearing to be the owner of the vehicle.
2
The authorised person may not dispose of the vehicle under this regulation —
a
during the period of 14 days starting with the date on which the vehicle was seized;
b
if the period in sub-paragraph (a) has expired, until after the date specified in the seizure notice in accordance with regulation 4(3)(c); or
c
if not otherwise covered by sub-paragraph (a) or (b), during the period of 7 working days starting with the date on which the vehicle is claimed under regulation 5.
Transitional provision
5
Regulations 3 and 4 only have effect in respect of a vehicle seized on or after 1st November 2005.
Paul Goggins
Parliamentary Under-Secretary of State
Home Office
26th September 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Pensions Act 2004 (Commencement No.3, Transitional Provisions and Amendment) Order 2005.
2
In this Order —
“ the Act ” means the Pensions Act 2004;
“the 1993 Act ” means the Pension Schemes Act 1993 ;
“the 1995 Act ” means the Pensions Act 1995 ; and
“ the Authority ” means the Occupational Pensions Regulatory Authority established by section 1 of the 1995 Act.
Appointed days
2
1
The day appointed for the coming into force of section 10 of the Act (functions exercisable by the Determinations Panel) in so far as not already brought into force, and of Schedule 2 to the Act (the reserved regulatory functions), is 6th April 2005 .
2
The day appointed for the coming into force of section 272 of the Act (debt due from the employer in the case of multi-employer schemes), in so far as not already brought into force, is 15th March 2005.
3
The day appointed for the coming into force of section 300(1) of the Act (dissolution of the Authority) is 6th April 2005 (“the appointed day”).
4
The day appointed for the coming into force of sections 278 and 280 for the purpose only of conferring power to make regulations is 15th March 2005.
5
The day appointed for the coming into force of paragraph 21 of Schedule 1 to the Act (Pensions Regulator – delegation) is 15th March 2005 for the purpose only of conferring power to make regulations, and 6th April 2005 for all other purposes.
6
The day appointed for the coming into force of Schedule 13 to the Act in so far as it relates to the repeal of paragraph 1(2)(a) of Schedule 1 to the Welfare Reform and Pensions Act 1999 , and section 320 of the Act in so far as it relates to that provision, is 1st April 2005.
7
The day appointed for the coming into force of the provisions set out in Schedule 1 to this Order is 6th April 2005.
Transfer of property, rights and liabilities
3
1
Subject to paragraph (2), all property, rights and liabilities to which the Authority is entitled or subject immediately before the appointed day shall, on that day, become the property, rights and liabilities of the Regulator .
2
All property held by the Authority in relation to the carrying out of its function (as Registrar ) under regulation 6(1)(a) of the Register of Occupational and Personal Pension Schemes Regulations 1997 (availability of information held on the register) immediately before the appointed day shall, on that day, become the property of the Secretary of State.
Transitional modification of section 10 of the Act
4
Section 10 of the Act (functions exercisable by the Determinations Panel) shall, for the purposes of paragraph (6)(b) and (c) of article 5 of this Order, be modified for so that it shall have effect as if, after subsection (4), there were inserted the following subsection —
4A
For the purposes of this Part, a function conferred on the Occupational Pensions Regulatory Authority (“ OPRA ”) by or by virtue of the Pensions Act 1995 relating to —
a
the review, under section 96 of that Act (review of decisions), of a determination made by OPRA before the 6th April 2005 (“the appointed day”) of a question falling within OPRA’s functions, or
b
the reference for a decision by the court, under section 97 of that Act (references and appeals from the Authority), of any matter arising for determination by OPRA before the appointed day or of any matter arising before that day on —
i
an application for a review of a determination; or
ii
a review entered upon by OPRA without an application,
shall, where that function falls to be exercised by or in relation to the Regulator on or after the appointed day, also be a reserved regulatory function.
.
Transitional provisions
5
1
In this article, unless the context otherwise requires, “function of the Authority” means a function of the Authority which is transferred to the Regulator under subsection (1) of section 7 of the Act (transfer of OPRA’s functions to the Regulator) on 6th April 2005 (“the appointed day”) .
2
Anything done (or having effect as if done) by or in relation to the Authority before the appointed day pursuant to, or for the purposes of, any function of the Authority shall, so far as is required for continuing its effect, have effect as if done by or in relation to the Regulator pursuant to, or for the purposes of, that function.
3
Subject to paragraph (5), anything which, immediately before the appointed day, is in the process of being done by or in relation to the Authority pursuant to, or for the purposes of, any function of the Authority shall be continued by or in relation to the Regulator pursuant to, or for the purposes of, that function.
4
Any reference to the Authority in any document constituting or relating to anything to which paragraph (2) or (3) applies in relation to any function of the Authority shall, so far as is required for giving effect to those provisions, be construed as a reference to the Regulator.
5
Where any function of the Authority described in paragraph (6) would, but for its dissolution, fall to be exercised on or after the appointed day, or fell to be exercised before the appointed day but has not been exercised, that function shall be exercised by the Regulator as if it were a function of the Regulator conferred on it under or by virtue of the Act.
6
The functions of the Authority to which paragraph (5) refers are —
a
the investigation of any matter falling within the Authority’s functions where the matter under investigation occurred, or first occurred, before the appointed day,
b
the review, under section 96 of the 1995 Act, of a determination made by the Authority before the appointed day of a question falling within the Authority’s functions, and
c
the reference for a decision by the court, under section 97 of the 1995 Act, of any matter arising for determination by the Authority before the appointed day or of any matter arising before that day on an application for a review of a determination or on a review entered upon by the Authority without an application.
7
Where any function under regulation 6(1)(a) of the Register of Occupational and Personal Pension Schemes Regulations 1997 fell to be exercised by the Authority, as Registrar, before the appointed day but has not been exercised, or would have fallen to be exercised by the Authority on or after the appointed day, that function shall be exercised by the Secretary of State (or by a person appointed by him).
8
Schedule 2, which makes further transitional provision, has effect.
Savings
6
Subject to the transitional provisions in Schedule 2, the provisions of the enactments that are specified in the table in Schedule 3 shall, so far as is required for the purpose of giving effect to paragraph (3) of article 5, continue to have effect as they were in force immediately before their amendment by any of the provisions of Part 1 of, and Schedule 12 to, the Act.
Amendment of the Pensions Act 2004 (Commencement No.2, Transitional Provisions and Consequential Amendments) Order 2005
7
In Part 7 of the Schedule to the Pensions Act 2004 (Commencement No.2, Transitional Provisions and Consequential Amendments) Order 2005, omit “section 272(13) and (14)”.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
14th March 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2005.
2
Subject to paragraph (3), this Order shall come into force one month after the day on which it is made.
3
Article 3(3) of this Order shall come into force on the day on which either —
a
the other provisions of this Order come into force, or
b
paragraph 8 of Schedule 14 to the Energy Act 2004 comes into force,
whichever is the later.
4
In this Order “ the Act ” means the Regulation of Investigatory Powers Act 2000.
Amendment of Schedule 1 to the Act
2
1
After paragraph 4 of Part 1 of Schedule 1 to the Act, add the words —
4A
The force comprising the special constables appointed under section 79 of the Harbours, Docks and Piers Clauses Act 1847 on the nomination of the Dover Harbour Board.
4B
The force comprising the constables appointed under article 3 of the Mersey Docks and Harbour (Police) Order 1975 on the nomination of the Mersey Docks and Harbour Company.
.
2
Paragraph 25 of Part 2 of Schedule 1 to the Act is omitted.
Amendment of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003
3
1
Part 1 of the Schedule (prescriptions for public authorities in Part 1 of Schedule 1 to the Act that are relevant authorities for the purposes of sections 28 and 29 of the Act) to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003 is amended as follows.
2
After the entry for the British Transport Police, insert —
The force comprising the special constables appointed under section 79 of the Harbours, Docks and Piers Clauses Act 1847 on the nomination of the Dover Harbour Board Superintendent Inspector (a)(b)(d)(e) The force comprising the constables appointed under article 3 of the Mersey Docks and Harbour (Police) Order 1975 on the nomination of the Mersey Docks and Harbour Company Superintendent Inspector (a)(b)(d)(e)
.
3
For the entry for the United Kingdom Atomic Energy Authority Constabulary, substitute —
The Civil Nuclear Constabulary Superintendent Inspector (a)(b)
.
4
In the entry for the Department of Trade and Industry, omit all references to individuals holding office, rank or position in the Radiocommunications Agency.
5
In the entry for the Department for Transport, omit the first eight references in columns 2 and 4 (Head of Maritime Section to and including the Senior Transport Security Inspector).
6
At the end, insert —
The Office of Communications Section 28 authorisation Section 28 authorisation (b) Manager of Spectrum Operations or Head of Enforcement and Interference Policy Area Manager or Senior Enforcement Policy Manager Section 29 authorisation (b) Head of Field Operations
.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
4th April 2005


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (Borough of Hertsmere) Order 2005 and shall come into force on 30 th January 2006.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the borough of Hertsmere except —
a
the entire length of the A1, including its on and off slip roads, within the borough;
b
the entire length of the A1(M), including its on and off slip roads, within the borough;
c
the entire length of the A41, including its on and off slip roads, within the borough;
d
the entire length of the M1, including its on and off slip roads, within the borough;
e
the entire length of the M25, including its on and off slip roads, within the borough;
f
the entire length of the A1081 within the borough;
g
the Bell Roundabout;
h
the roundabout at the junction between the A1(M), the M25, and the A1; and
i
the road running from the roundabout on the B556 to the Bell Roundabout.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Karen Buck
Parliamentary Under Secretary of State
Department for Transport
29th December 2005


text:
Citation and commencement
1
This Order may be cited as the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) Order 2005 and shall come into force on 9th January 2006.
Approved local authorities
2
1
The Schedule to the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005 shall be amended as follows.
2
After the item in the table relating to East Sussex County Council there shall be inserted the following item —
Elmbridge Borough Council S.I. 2005/3406
Signed by authority of the Secretary of State for Transport
Karen Buck
Parliamentary Under Secretary of State,
Department for Transport
8th December 2005


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the National Patient Safety Agency (Establishment and Constitution) Amendment Order 2005 and shall come into force on 1st April 2005.
2
This Order applies in relation to England.
3
In this Order “the principal Order ” means the National Patient Safety Agency Establishment and Constitution Order 2001 .
Amendment of article 1 of the principal Order
2
1
For paragraph (3) of article 1 of the principal order (citation, commencement, extent and interpretation) there is substituted the following paragraph —
3
In this Order —
“the Agency” means the National Patient Safety Agency established by this Order;
“the Directions” means the Directions given by the Secretary of State to the Institute on 9th December 1999 ;
“the Institute” means the National Institute for Clinical Excellence ; and
“the St George’s Healthcare National Health Service Trust Schedule” means the document produced by the St George’s Healthcare National Health Service Trust and entitled “Schedule of property transferring from the St George’s Healthcare National Health Service Trust to the National Patient Safety Agency” and dated 3rd March 2005 .
.
Amendment of article 3 of the principal Order
3
1
Article 3 of the principal Order (functions of the Agency) is amended in accordance with paragraphs (2) and (3).
2
After sub-paragraph (a) insert —
b
such functions in connection with the assessment of the performance and conduct of doctors and dentists engaged in the health service,
c
such functions in connection with hospital food, hospital cleaning and hospital design, and
.
3
Re-number sub-paragraph (b) as sub-paragraph (d).
Amendment of article 4 of the principal Order
4
1
Article 4 of the principal Order (constitution of the Agency) is amended in accordance with paragraphs (2) and (3).
2
In sub-paragraph (b) —
i
for “8” substitute “7”; and
ii
for “11” substitute “9”.
3
In sub-paragraph (d) for “three” substitute “up to 5”.
Transfer of officers, property and enforceability of rights and transfer of liabilities
5
After article 6 of the principal Order (public meetings) add —
Transfer of officers
7
1
— This paragraph applies in relation to an officer of the St George’s Healthcare National Health Service Trust who on 31st March 2005 is wholly or mainly engaged in the performance of the functions of the Central Office for Research Ethics Committees
2
Any officer to whom paragraph (1) applies shall, on 1st April 2005, be transferred to the employment of the Agency.
3
The contract of employment of an officer transferred under paragraph (2) —
a
is not terminated by the transfer; and
b
has effect from the time of the transfer as if originally made between the officer and the Agency.
4
Without prejudice to paragraph (3) —
a
all the rights, powers, duties and liabilities of the body from which the officer is transferred, under or in connection with its contract of employment with an officer transferred under paragraph (2), shall by virtue of this paragraph be transferred to the Agency; and
b
anything done before the date of the transfer by or in relation to the body from which that officer is so transferred, in respect of the officer or his contract of employment, shall be deemed to have been done by or in relation to the Agency.
5
Paragraphs (2) to (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer has objected to the transfer to the Agency and has informed the St George’s Healthcare National Health Service Trust of that objection by 31st March 2005.
6
Where an officer objected as mentioned in paragraph (5), his contract of employment with the St George’s Healthcare National Health Service Trust shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from the St George’s Healthcare National Health Service Trust.
7
This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment.
Transfer of Property
8
All property of the St George’s Healthcare National Health Service Trust identified as property transferring to the Agency in the St George’s Healthcare National Health Service Trust Schedule is transferred to the Agency on 1 April 2005.
Enforceability of rights and transfer of liabilities
9
1
Any right relating to the National Confidential Enquiries referred to in the Directions that was, immediately before 1st April 2005, enforceable by or against the Institute is transferred to the Agency and therefore shall, on or after that date, be enforceable by or against the Agency.
2
All liabilities of the Institute relating to the exercise of those functions it was directed to exercise in relation to the National Confidential Enquiries in the Directions shall on 1st April 2005 be transferred to the Agency and are therefore enforceable against it.
.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
7th March 2005


text:
Title, commencement and application
1
1
These Regulations, which may be cited as the Hill Farm Allowance Regulations 2005, shall come into force on 1st March 2005, and, subject to paragraph (2), shall apply to England only.
2
Paragraphs 1 and 2 of Schedule 4, and regulation 9 and the definition of “holding” in regulation 2 in so far as they relate to those paragraphs, shall also apply to holdings partly in Scotland.
Interpretation
2
1
In these Regulations —
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes;
“area aid application” means an area aid application submitted in 2004 in accordance with Article 6 of Council Regulation 3508/92 and Titles I and II of Commission Regulation 2419/2001.
“claimant” means any person who has made a claim for hill farm allowance and “claim” shall be construed accordingly;
“claimed forage area” means land which has been entered as forage area in an area aid application;
“Commission Regulation 2316/1999” means Commission Regulation ( EC ) No. 2316/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1251/1999 ;
“Commission Regulation 2342/1999” means Commission Regulation (EC) No. 2342/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal as regards premium schemes ;
“Commission Regulation 2419/2001” means Commission Regulation (EC) No. 2419/2001 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes established by Council Regulation ( EEC ) No 3508/92
“common land” means any land which is registered as common land with grazing rights under the Commons Registration Act 1965 ;
“compensatory allowance” means any payment made under these Regulations, the Hill Farm Allowance Regulations 2004 , the Hill Farm Allowance Regulations 2003 , the Hill Farm Allowance Regulations 2002 , the Hill Farm Allowance Regulations 2001 , the Hill Livestock (Compensatory Allowances) Regulations 1999 , the Hill Livestock (Compensatory Allowances) Regulations 1996 or the Hill Livestock (Compensatory Allowances) Regulations 1994 ;
“Council Regulation 2092/91” means Council Regulation (EEC) No. 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs ;
“Council Regulation 3508/92” means Council Regulation (EEC) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes ;
“Council Regulation 1254/1999” means Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal ;
“Council Regulation 1257/1999” means Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) and amending and repealing certain Regulations ;
“disadvantaged land” (except in the expression “severely disadvantaged land”) means any area of land shown coloured blue on the England LFA maps;
“eligible forage area” means such part of the qualifying forage area as lies within a less favoured area;
“the England LFA maps” means the three volumes of maps numbered 1 to 3, each volume being marked “Volume of maps of less favoured farming areas in England”, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Department for Environment, Food and Rural Affairs at Nobel House, 17 Smith Square, London SW1P 3JR;
“ewe” means a female sheep which is at least one year old on 1st January 2005, or has lambed by that date;
“forage area” has the same meaning as in Article 12(2)(b) of Council Regulation 1254/1999;
“heifer” has the same meaning as in Article 3 of Council Regulation 1254/1999;
“hill farm allowance” means the compensatory allowance payable in accordance with these Regulations and with Chapter V of Title II of Council Regulation 1257/1999;
“holding” has the same meaning as in Article 1 of Council Regulation 3508/92;
“individual reference quantity of milk” has the same meaning as in Article 31 of Commission Regulation 2342/1999;
“less favoured area” means any area of land shown coloured blue or pink on the England LFA maps;
“livestock unit” means a unit of measurement of livestock numbers, and each of the following constitutes a single livestock unit —
one suckler cow;
one heifer aged 24 months or over;
1.67 heifers aged 8 months or over, but under the age of 24 months; and
6.67 ewes;
“moorland” means all the land which is shown as a less favoured area on the England LFA maps and which is also shown coloured pink in the three volumes of maps entitled “Moorland Map of England 1992” each volume being marked with the number of the volume, dated 20th February 2001, signed on behalf of the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Department for Environment, Food and Rural Affairs at Nobel House, 17 Smith Square, London SW1P 3JR;
“notional livestock density” means the number of livestock units per hectare of the claimant’s eligible forage area, calculated in accordance with Schedule 1.
“organic farmer” means a claimant who —
throughout 2004 —
produced, with a view to subsequent marketing, livestock and unprocessed livestock products as referred to in Article 1(1)(a) of Council Regulation 2092/91; and
complied with any more stringent rules applying to the production of livestock or livestock products in the United Kingdom in accordance with Article 12 of Council Regulation 2092/91; and
did not at any time in 2004 receive aid under the Organic Farming (Aid) Regulations 1994 , the Organic Farming Regulations 1999 , the Organic Farming (England Rural Development Programme) Regulations 2001 or the Organic Farming (England Rural Development Programme) Regulations 2003 ;
“other competent authority” means the Scottish Ministers, the National Assembly for Wales or, in Northern Ireland, the Department of Agriculture and Rural Development;
“permanent pasture” has the meaning specified in Article 2(1) of, and Annex I to, Commission Regulation 2316/1999;
“qualifying forage area” means the relevant forage area or, in relation to a claimant to whom regulation 8 applies, such part of the relevant forage area as results from the deductions made to the relevant forage area in accordance with that regulation;
“related less favoured area” means, in relation to a claimant, all that claimed forage area, excluding any less favoured area, in respect of which the Secretary of State has been advised by any other competent authority that the claimant is eligible for a related less favoured area allowance;
“related less favoured area allowance” means —
in relation to Northern Ireland, the Less Favoured Area Compensatory Allowance;
in relation to Scotland, the Less Favoured Area Support Scheme; and
in relation to Wales, the Tir Mynydd Scheme;
“relevant animals” means, in relation to a claimant, the suckler cows, heifers and ewes in respect of which the claimant was paid suckler cow premium or sheep annual premium in 2004;
“relevant forage area” means any claimed forage area situated in England;
“severely disadvantaged land” means any area of land shown coloured pink on the England LFA maps;
“sheep annual premium” means the premium payable under the Sheep Annual Premium Regulations 1992 ;
“suckler cow” has the same meaning as in Article 3 of Council Regulation 1254/1999;
“suckler cow premium” means the premium payable under the Suckler Cow Premium Regulations 2001 .
2
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.
3
A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is capable of being subsequently reproduced.
Payment of hill farm allowance
3
1
The Secretary of State shall, subject to regulation 5, pay hill farm allowance in respect of 2005 to any claimant who is eligible under regulation 4.
2
Hill farm allowance shall be payable to a claimant in respect of eligible forage area not exceeding 700 hectares.
Eligibility for hill farm allowance
4
1
Subject to Article 14(2) (third indent) and Article 14(3) of Council Regulation 1257/1999 a claimant shall be eligible for hill farm allowance provided —
a
his claim is made in an area aid application;
b
the claimed forage area entered in that area aid application complies with one of the conditions specified in paragraph (2); and
c
subject to paragraph (3), the notional livestock density is not less than 0.15.
2
The conditions referred to in paragraph 1(b) are —
a
the claimed forage area lying within a less favoured area is at least ten hectares; or
b
where the claimed forage area lying within a less favoured area is at least one hectare but is less than ten hectares, the total claimed forage area includes land situated in a related less favoured area which is eligible for related less favoured area allowance.
3
The Secretary of State may determine that a notional livestock density of less than 0.15 is sufficient for the purposes of paragraph (1) if she is reasonably satisfied that it is appropriate to do so in all the circumstances of the case, including any obligation of the claimant as to the number of animals that may be kept on the land comprising the eligible forage area.
4
In order to enable the Secretary of State to consider whether to exercise her discretion under paragraph (3), the claimant shall provide the Secretary of State with such information as she reasonably may require.
Condition as to continued use of eligible land or related less favoured area
5
Hill farm allowance shall not be paid to a claimant unless —
a
he gave a written undertaking, in such form as the Secretary of State reasonably required, that he would, for a period of five years from the date of the first payment to him of a compensatory allowance, continue to use for the purposes of agriculture at least three hectares of land which is situated either in a less favoured area or related less favoured area; and
b
he is not in breach of that undertaking at the date of payment.
Release from undertaking
6
A claimant shall not be taken to be in breach of the undertaking referred to in regulation 5 —
a
if he is prevented from continuing to discharge that undertaking by reason of any material circumstance beyond his control; or
b
if he ceases to farm, but at least three hectares of the land in respect of which the undertaking was given continue to be used for the purposes of agriculture.
Amount of payment
7
1
Subject to paragraphs (2) and (3), regulation 8 and Article 13 of Commission Regulation 2419/2001, payment of hill farm allowance in respect of the descriptions of land specified in column 1 of Schedule 2 shall be made —
a
in relation to the first 350 hectares of eligible forage area in respect of which the claim is made, at the rates specified in column 2 of Schedule 2;
b
in relation to the next 350 hectares of eligible forage area in respect of which the claim is made, at one half of the rates specified in column 2 of Schedule 2.
2
If the notional livestock density is less than 1.0, the amount of the payment shall be increased by 20 per cent.
3
Except where paragraph (2) applies, the amount of the payment shall be increased by 10 per cent if the claimant satisfies any one of the following criteria, and by 20 per cent if he satisfies any two or more such criteria —
a
the claimant is an organic farmer;
b
the claimant —
i
submitted applications in 2004 for both sheep annual premium and suckler cow premium; and
ii
the number, expressed in livestock units, of suckler cows and heifers in respect of which he was paid suckler cow premium in that year is equal to at least 15 per cent of the number, expressed in livestock units, of relevant animals;
c
the notional livestock density is less than 1.2;
d
at least one hectare, or 5% (whichever is the smaller), of the claimant’s eligible land is planted with arable crops in respect of which the claimant is not receiving any other financial support, and was not converted from permanent pasture after 1998;
e
at least one hectare, or 5% (whichever is the smaller), of the claimant’s eligible land is planted with woodland in respect of which the claimant is not receiving any other financial support, and was not converted from permanent pasture after 1998.
Deductions from relevant forage area
8
In relation to any claimant who has an individual reference quantity of milk available to him, the deductions specified in Schedule 3 shall apply to the relevant forage area for the purposes of determining the qualifying forage area.
Holdings situated partly outside England
9
The provisions of Schedule 4 shall apply in relation to holdings situated partly outside England.
Amendment of the England Rural Development Programme (Enforcement) Regulations 2000
10
In Part II of the Schedule to the England Rural Development Programme (Enforcement) Regulations 2000 , at the end of the list of regulations, add “The Hill Farm Allowance Regulations 2005.”.
Alun Michael
Minister of State,
Department for Environment, Food and Rural Affairs
29th January 2005


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Betting, Gaming and Lotteries) Order 2005 and comes into force on 6th December 2005.
Variation of Group 4 of Schedule 9
2
For Note (3) to Group 4 of Schedule 9 to the Value Added Tax Act 1994 substitute —
3
”Gaming machine” means a machine which is designed or adapted for use by individuals to gamble (whether or not it can also be used for other purposes).
4
But —
a
a machine is not a gaming machine to the extent that it is designed or adapted for use to bet on future real events,
b
a machine is not a gaming machine to the extent that —
i
it is designed or adapted for the playing of bingo, and
ii
bingo duty is charged under section 17 of the Betting and Gaming Duties Act 1981 on the playing of that bingo, or would be charged but for paragraphs 1 to 5 of Schedule 3 to that Act, and
c
a machine is not a gaming machine to the extent that —
i
it is designed or adapted for the playing of a real game of chance, and
ii
the playing of the game is dutiable gaming for the purposes of section 10 of the Finance Act 1997 , or would be dutiable gaming but for subsections (3) and (4) of that section.
5
In Notes (3) and (4) —
a
a reference to a machine is a reference to any apparatus which uses or applies mechanical power, electrical power or both,
b
a reference to a machine being designed or adapted for a purpose includes a reference to a machine to which anything has been done as a result of which it can reasonably be expected to be used for that purpose, and
c
a reference to a machine being adapted includes a reference to computer software being installed on it.
6
“To gamble” means to participate in —
a
gaming within the meaning of section 6 of the Gambling Act 2005 , or
b
betting within the meaning of section 9 of that Act.
7
“Real” has the meaning given by section 353(1) of the Gambling Act 2005 .
8
“Bingo” means any version of that game, irrespective of by what name it is described.
.
Joan Ryan
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
5th December 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Gender Recognition Register Regulations 2005 and shall come into force on 4 th April 2005.
2
In these Regulations unless the context otherwise requires —
“the 2004 Act” means the Gender Recognition Act 2004;
“the Adopted Children Register” means the register maintained by the Registrar General under section 11 of the Adoption of Children Act 1926 , section 12 of the Adoption of Children Act 1949 , section 17 of the Adoption Act 1950 , section 20 of the Adoption Act 1958 and section 50 of the Adoption Act 1976 ;
“the Air Register Book of Births and Deaths” means the book of certified copies kept by the Registrar General under section 43 of the Civil Aviation Act 1946 , section 55 of the Civil Aviation Act 1949 and section 83(5) of the Civil Aviation Act 1982 ;
“consular or High Commission records” means certified copies of birth entries sent to the Registrar General under the Registration of Births and Deaths (Consular Officers) Regulations 1930 , the Registration of Births and Deaths (Consular Officers) Regulations 1943 , the Registration of Births and Deaths (Consular Officers) Regulations 1948 , the Registration of Births and Deaths (High Commissioners) Regulations 1964 , the Registration of Births and Deaths (Consular Officers) Regulations 1974 , the Registration of Overseas Births and Deaths Regulations 1982 or any other consular or High Commission record of a birth entry held by the Registrar General;
“Her Majesty’s forces records” means the registers held by the Registrar General under any Order in Council under section 1 of and records held under section 3 of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 and any other record of a birth held by the Registrar General which took place outside the United Kingdom among the families of members of Her Majesty’s naval, military or air forces and other associated or connected personnel;
“Hovercraft Records” means records transmitted to the Registrar General pursuant to regulation 5 of the Hovercraft (Births, Deaths and Missing Persons) Regulations 1972 ;
“the marine register” means the register of certified copies held by the Registrar General under section 254 of the Merchant Shipping Act 1894 , section 72 of the Merchant Shipping Act 1970 and section 108(8) of the Merchant Shipping Act 1995 ; and
“Parental Order Register” means the register maintained by the Registrar General under section 50 of the Adoption Act 1976 as modified by the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 ;
Particulars to be entered in the Gender Recognition Register
2
1
The particulars to be contained in an entry in the Gender Recognition Register are —
a
where the birth has been registered at a register office in England and Wales and there is no more recent entry in a register referred to in sub-paragraphs (d) and (e), the particulars set out in Part 1 of Schedule 1;
b
where the entry relates to a birth registered in Her Majesty’s forces records, the particulars set out in the relevant part of Schedule 2;
c
where the entry relates to consular or High Commission records, the particulars set out in Schedule 3;
d
where the entry relates to a birth registered in the Adopted Children Register, the particulars set out in the relevant part of Schedule 4;
e
where the entry relates to a birth registered in the Parental Order Register, the particulars set out in Schedule 5;
f
where the entry relates to a birth registered in the Air Register Book of Births and Deaths, the particulars set out in Schedule 6;
g
where the entry relates to a birth registered under section 3A of the Births and Deaths Registration Act 1953 (registration of births of abandoned children) and there is no more recent entry referred to in sub-paragraph (d), the particulars set out in Schedule 7;
h
where the entry relates to a birth registered in the marine register, the particulars set out in the relevant part of Schedule 8; and
i
where the entry relates to a birth [recorded] in the Hovercraft Records, the particulars set out in Schedule 9.
2
Where the UK birth register entry contains particulars recorded in English and Welsh, the particulars to be contained in the Gender Recognition Register shall also be recorded in English and Welsh.
Additional particulars in certain cases
3
Where a person is the subject of a UK birth register entry falling within regulation 2(1)(a) and that entry was made on or before the 31 st March 1969, the particulars to be contained in the Gender Recognition Register shall include the particulars set out in Schedule 1 Part 2, if the person the subject of the entry requests that they be included.
Marking of previous entry
4
1
When so directed by the Registrar General acting pursuant to the 2004 Act, Schedule 3 paragraph 3(1)(b), a superintendent registrar or a registrar of births and deaths shall mark a UK birth register entry in their custody with the words “Re-registered by the Registrar General”.
2
In securing that the UK birth register entry in his custody is marked in accordance with the 2004 Act, Schedule 3 paragraph 3(1)(b), the Registrar General shall mark the entry with the words “Re-registered by the Registrar General”.
Given under my hand on
Len Cook
Registrar General
23rd March 2005
I approve
Stephen Timms
Signed by authority of the Chancellor of the Exchequer
23rd March 2005