text:
Citation, commencement and extent
1
These Regulations may be cited as the Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005 and shall come into force —
a
except for the purposes of paragraphs 4(2)(a) and 8(a)(i) of Schedule 7 on 30th October 2005; and
b
for the purposes of paragraphs 4(2)(a) and 8(a)(i) of Schedule 7 on 20th November 2005.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Medicines Act 1968 ;
“appropriate committee”, for the purposes of any provision of these Regulations under which a function falls to be performed, means —
in a case where —
a committee has been established under section 4 of the Act for purposes which consist of or include any of those specified in subsection (3) of that section, and
the authority performing that function considers it to be the appropriate committee in the circumstances,
that committee; and
in any other case, the Commission;
“the 2001 Directive ” means Directive 2001/83/ EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use as amended 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 ;
“ EEA State ” means a Member State, Norway, Iceland or Liechtenstein;
“EC traditional herbal registration” means a traditional herbal registration granted by a competent authority of an EEA State in accordance with the simplified registration procedure for traditional herbal medicinal products set out in Chapter 2a of the 2001 Directive;
“licensing authority” shall be construed in accordance with section 6 of the Act;
“parallel import licence” means a traditional herbal registration granted by the licensing authority under these Regulations in respect of a traditional herbal medicinal product which is imported into the United Kingdom from another EEA state in accordance with the rules of Community law relating to parallel imports;
“the relevant Community provisions” means the provisions of the 2001 Directive which apply to traditional herbal medicinal products and to traditional herbal registrations;
“traditional herbal registration” means a registration granted by the licensing authority under these Regulations and includes a parallel import licence.
2
Expressions used in these Regulations which are also used in the 2001 Directive shall have the same meaning as they have there and related expressions shall be construed accordingly.
3
Subject to paragraph (2), section 11 of the Interpretation Act 1978 shall apply for the interpretation of these Regulations as if they were made in the exercise of a power conferred by the Act.
4
Any reference in these Regulations to an application that is signed includes a reference to an application that is signed with an electronic signature.
Responsibility for Member States' functions in relation to traditional herbal medicinal products
3
1
In so far as they relate to traditional herbal medicinal products 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 relevant Community provisions 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.
Traditional herbal registrations for traditional herbal medicinal products
4
1
Except in accordance with any exception or exemption set out in the relevant Community provisions and subject to paragraphs 2, 4 and 5 of Schedule 1 —
a
no traditional herbal medicinal product shall be placed on the market; and
b
no such product shall be distributed by way of wholesale dealing,
unless a traditional herbal registration in respect of that product has been granted in accordance with the relevant Community provisions by the licensing authority and is for the time being in force in accordance with those provisions.
2
Schedule 1 shall have effect for the purpose of making certain exceptions or exemptions from paragraph (1), and for imposing certain obligations in connection with such exceptions and exemptions.
Applications for the grant or renewal of a traditional herbal registration
5
1
Every application for the grant or renewal of a traditional herbal registration shall be made in writing in accordance with the relevant Community provisions, subject to the rules of Community law relating to parallel imports, and the applicant shall comply with so much of the relevant Community provisions as contain requirements for applications as are applicable to the application or the consideration of it.
2
Every application shall be made in writing, shall be signed by or on behalf of the applicant and shall, unless the licensing authority otherwise direct, be accompanied by any fee which may be payable in connection with that application.
3
One copy of the application and of any accompanying material shall be supplied to the licensing authority in the English language and where the application or any accompanying material has been translated from another language, one copy of the application or the accompanying material, as the case may be, shall also be supplied in the original language.
4
An application for the grant of a traditional herbal registration shall include a statement indicating —
a
whether the herbal medicinal product is one that should be available —
i
only from a pharmacy; or
ii
on general sale; and
b
what, if any, provisions of the traditional herbal registration are proposed concerning the method of sale or supply of the product (including, in particular, any proposed restrictions affecting the circumstances of the use or promotion of the product).
5
The applicant for the grant or renewal of a traditional herbal registration must be established in the Community.
6
An application for the renewal of a traditional herbal registration shall be made not later than 6 months before the date on which the existing traditional herbal registration expires.
Consideration, and grant or refusal, of an application for, or for renewal or variation of, a traditional herbal registration
6
1
The licensing authority shall —
a
consider every application for the grant, renewal or variation by them of a traditional herbal registration in accordance with the relevant Community provisions, and (where applicable) the rules of Community law relating to parallel imports, and
b
grant, renew or vary, or refuse to grant, renew or vary the registration in accordance with those provisions and (where applicable) the rules of Community law relating to parallel imports.
2
Schedule 2 shall have effect to regulate the procedure for receiving advice and representations before granting, renewing or varying, or refusing to grant, renew, or vary a traditional herbal registration, or after notification of a decision relating to an application to vary such a registration.
3
A parallel import licence shall, unless previously renewed or revoked, be valid for the period specified in it, but where an application to renew it is made in accordance with regulation 5(6) it shall remain in force pending the decision of the licensing authority on that application.
4
Subject to paragraph (6), a traditional herbal registration other than a parallel import licence shall, unless previously revoked, be valid for an unlimited period unless —
a
it has not been renewed on the basis of a re-evaluation by the licensing authority of the risk-benefit balance in accordance with, and on the basis of the data set out in, Article 24(2) of the 2001 Directive; or
b
it has been so renewed, but the licensing authority considers on justified grounds relating to pharmacovigilance that it should be subject to one additional renewal five years after the date of the first renewal, and it has not yet been subject to that additional renewal.
5
Subject to paragraph (6), where, by reason of paragraph (4), a traditional herbal registration is not valid for an unlimited period, it shall, unless previously revoked, be valid for a period of five years beginning with the date on which it is granted or was renewed, whichever is the later, but where an application for its renewal is made in accordance with Article 24 of the 2001 Directive the traditional herbal registration shall remain in force pending the decision of the licensing authority on that application.
6
A traditional herbal registration (other than a parallel import licence) shall cease to be valid if at any time after it is granted the medicinal product to which it relates is not placed on the market in the United Kingdom for a period of three consecutive years, unless an exemption is granted in accordance with Article 24(6) of the 2001 Directive.
7
Each traditional herbal registration granted by the licensing authority shall be granted subject to a condition that the traditional herbal medicinal product to which the registration relates is to be available —
a
only from a pharmacy; or
b
on general sale.
Revocation, suspension or variation of a traditional herbal registration or the suspension of the use or marketing of traditional herbal medicinal products
7
1
The licensing authority may and, where appropriate shall, subject to and in accordance with the relevant Community provisions, revoke, suspend or vary a traditional herbal registration for a traditional herbal medicinal product.
2
The licensing authority may and, where appropriate, shall, subject to paragraph (3) and subject to and in accordance with the relevant Community provisions, by notice in writing to the holder of a traditional herbal registration for a traditional herbal medicinal product, forthwith or from a date specified in the notice, suspend the use, supply or marketing within the United Kingdom of the product to which the registration relates for a period specified in the notice.
3
In any case where the relevant Community provisions permit or require the suspension of the use, supply or marketing of a product until some decision or similar action is taken by the Community, the licensing authority may, instead of specifying a period in the notice, provide that the suspension is to apply until further notice.
4
Where the licensing authority, in accordance with paragraph (3), include a provision that the suspension is to apply until further notice, they shall, where the effect of the Community decision or action is that the product may continue to be used or, as the case may be, marketed, in the United Kingdom, promptly give the holder of the registration written notice revoking the suspension forthwith or from such date specified in the notice as to comply with that decision or action.
5
Where, under the preceding provisions of this regulation the licensing authority revoke or suspend a traditional herbal registration, or where the licensing authority suspend the use, supply or marketing of a product, or where the relevant Community provisions so permit or require, the licensing authority may and, where appropriate, shall give written notice to the person who is or, immediately before its revocation or suspension, was the holder of the registration, requiring him to take all reasonably practicable steps to —
a
inform wholesalers, retailers, medical practitioners, patients and others who may be in possession of relevant products of the revocation or suspension, the reasons for it, and the action (if any) to be taken to restrict or prevent further use, supply or marketing;
b
withdraw from the market in the United Kingdom and recover possession of such products within the time and for the period specified in the notice.
6
The licensing authority may require the holder of the traditional herbal registration to withdraw from the market in the United Kingdom specified batches only of a product to which a notice under paragraph (5) applies.
7
Schedule 2 shall have effect to regulate the procedure for receiving advice and representations before revocation, variation or suspension of a traditional herbal registration, and for notifying the holder of that registration in accordance with the preceding provisions of this regulation.
Urgent safety restrictions
8
1
The licensing authority may, subject to and in accordance with the relevant Community provisions, impose an urgent safety restriction on the holder of a traditional herbal registration.
2
Where the licensing authority imposes an urgent safety restriction in accordance with paragraph (1), the holder of the traditional herbal registration shall —
a
implement the restriction within a period specified by the licensing authority; and
b
apply to vary the registration so as to take account of that safety restriction immediately and in any event not later than 15 days after the restriction was imposed.
Obligations of holders of traditional herbal registrations, and offences by holders of traditional herbal registrations and other persons
9
1
Every holder of a traditional herbal registration for a traditional herbal medicinal product shall comply with all obligations which relate to him by virtue of the relevant Community provisions including, in particular, obligations relating to providing or updating information, to making changes, to applying to vary the traditional herbal registration, to pharmacovigilance, and to labels and package leaflets.
2
The holder of a traditional herbal registration shall maintain a record of reports of which he is aware of suspected adverse reactions in accordance with the relevant Community provisions which shall be open to inspection by a person authorised by the licensing authority, who may take copies of the record and, if the licensing authority so directs, the registration holder shall furnish the licensing authority with a copy of any such reports of which he has a record or of which he is or subsequently becomes aware.
3
The holder of a traditional herbal registration shall keep such documents as will facilitate the withdrawal or recall from sale or supply of any traditional herbal medicinal product to which the registration relates.
4
The holder of a traditional herbal registration shall notify the licensing authority if the medicinal product to which the registration relates has not been placed on the market in the United Kingdom for a period of three consecutive years.
5
The holder of a traditional herbal registration shall, on request from the licensing authority, provide the licensing authority with data on the volume of sales of the medicinal product to which the registration relates.
6
Schedule 3 shall have effect to create certain criminal offences in connection with the obligations of applicants for, and holders of, traditional herbal registrations and other persons arising under the relevant Community provisions.
7
Where, by or under any provision of the relevant Community provisions 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.
Consequential and other amendments of the Act and other enactments
10
1
Section 7 of the Act (general provisions as to dealing with medicinal products) shall not apply in relation to traditional herbal medicinal products.
2
Section 23 of the Act (special provisions as to effect of manufacturer’s licence) shall have effect as if any reference in subsection (1) to a product licence included a reference to a traditional herbal registration.
3
Section 56 of the Act (exemptions in respect of herbal remedies) shall not apply in relation to traditional herbal medicinal products.
4
Section 61 of the Act (special restrictions on persons to be supplied with medicinal products) shall have effect as if the reference to a product licence included a reference to a traditional herbal registration.
5
The provisions of the Trade Descriptions Act 1968 shall apply to the application of a trade description to goods subject to a traditional herbal registration in the same way as, by virtue of section 2(5)(b) of that Act, they apply to the application of a trade description to goods subject to any provision made under Part V of the Act.
6
Section 1(1) of the Medicines Act 1971 (fees payable for purposes of Part II of the Act) shall have effect as if the reference to any application in pursuance of the Act for a licence under Part II of the Act or for the variation or renewal of such a licence included a reference to any application under these Regulations for a traditional herbal registration or for the variation or renewal of such a registration.
7
Section 19 of the Consumer Protection Act 1987 (interpretation of Part II) shall have effect as if in subsection (1) in the definition of “licensed medicinal product”, the reference to any medicinal product within the meaning of the Medicines Act 1968 in respect of which a product licence within the meaning of that Act is for the time being in force, included a reference to a traditional herbal medicinal product in respect of which a traditional herbal registration under these Regulations is for the time being in force.
Application of enforcement provisions of the Act
11
1
Subject to paragraph (2) below, the following provisions of Part VIII of the Act (which provide for enforcement of the Act), namely, sections 107 to 109, section 110 except subsection (4), sections 111 to 116, section 118, section 119, sections 121 to 127 and Schedule 3, shall apply for the purposes of these Regulations as they apply for the purposes of the Act.
2
Those provisions as so applied shall have effect —
a
with the modifications specified in Schedule 4 to these Regulations; and
b
as if all traditional herbal medicinal products were medicinal products for the purposes of the Act (whether or not they would otherwise be so).
Other Schedules to have effect
12
The following Schedules shall have effect, namely Schedule 5 (labels), Schedule 6 (transitional provision) and Schedule 7 (consequential amendments to orders and regulations).
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:
PART 1
GENERAL
Citation and commencement
1
These Regulations may be cited as the Licensing Act 2003 (Transitional conversions fees) Order 2005 and shall come into force on 7th February 2005.
Interpretation
2
1
In this Order —
“ the Act ” means the Licensing Act 2003;
“college” means a college or similar institution principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19;
“rateable value” as regards a premises, is the value for the time being in force for the premises entered in the local non-domestic rating list for the purposes of Part III of the Local Government Finance Act 1988 ; and
“school” means a school within the meaning of section 4 of the Education Act 1996 .
2
For the purposes of this Order, a reference to —
a
a paragraph in an article or Schedule, a Schedule or a Part is a reference to the paragraph in that article or Schedule, the Schedule or the Part in this Order; and
b
a section shall be construed as a reference to the section in the Act.
Bands for premises
3
1
In a case where a premises has a rateable value specified in column 1 of the table in Schedule 1, the premises shall be in the band specified for that rateable value in column 2 of that table.
2
In all other cases, the premises shall be in Band A.
3
For the purposes of this article, in a case where the premises forms part only of a hereditament in the local non-domestic rating list for the purposes of Part III of the Local Government Finance Act 1988, the premises shall be treated as having a rateable value equal to the rateable value for the hereditament of which it forms part.
4
For the purposes of this article, in a case where the premises comprises two or more hereditaments in the local non-domestic rating list, the premises shall be treated as having a rateable value equal to the rateable value for the hereditament with the highest rateable value.
PART 2
PREMISES LICENCES
Fee to accompany application for conversion of existing licence
4
1
Subject to article 6, in respect of an application under paragraph 2 of Schedule 8 to the Act (application for conversion of existing licence), the fee to accompany the application shall be determined in accordance with the following provisions of this article.
2
Subject to paragraph (4), in a case where the application under paragraph 2 of Schedule 8 to the Act relates to –
i
a premises in Band D or Band E; and
ii
the use of the premises exclusively or primarily for the carrying on on the premises of the supply of alcohol for consumption on the premises,
the amount of the fee shall be –
i
in the case of premises in Band D, two times the amount of the fee applicable for that Band appearing in column 1 of the table in Schedule 2 specified in column 2 of that table; and
ii
in the case of premises in Band E, three times the amount of the fee applicable for that Band appearing in column 1 of the table in Schedule 2 specified in column 2 of that table.
3
Subject to paragraph (4), in all other cases, the fee to accompany the application shall be the fee applicable to the band appearing in column 1 of the table in Schedule 2 for the premises to which the application relates, determined in accordance with regulation 3, specified in column 2 of that table.
4
Subject to paragraph (5), where the maximum number of persons the applicant, during the times when the existing licence authorises licensable activities to take place on the premises, may allow on the premises at the same time is 5,000 or more, an application under paragraph (1) must be accompanied by an additional fee, the amount of which shall be the fee corresponding to the range of number of persons within which falls the maximum number of persons so allowed in column 1 of the table in Schedule 3 specified in column 2 of that table.
5
Paragraph (4) does not apply where the premises in respect of which the application has been made —
a
is a structure which is not a vehicle, vessel or moveable structure; and
b
has been constructed or structurally altered for the purpose, or for purposes which include the purpose, of enabling —
i
the premises to be used for the existing licensable activities the existing licence or licences authorises or authorise,
ii
the premises to be modified temporarily from time to time, if relevant, for the premises to be used for the existing licensable activities referred to in the existing licence or licences;
iii
at least the number of persons the applicant proposes should, during the times when the licence authorises licensable activities to take place on the premises, be allowed on the premises, to be allowed on the premises at such times, and
iv
the premises to be used in a manner which is not inconsistent with the existing licence or licences accompanying the application.
PART 3
CLUB PREMISES CERTIFICATES
Fee to accompany application for conversion of existing club certificate
5
Subject to article 6, in respect of an application under paragraph 14 of Schedule 8 to the Act (application for conversion of existing club certificate), the fee to accompany the application shall be the fee applicable to the band appearing in column 1 of the table in Schedule 2 for the premises to which the application relates, determined in accordance with regulation 3, specified in column 2 of that table.
PART 4
MISCELLANEOUS EXEMPTIONS
6
1
In respect of an application under paragraph 2 or 14 of Schedule 8 to the Act which relates to the provision of regulated entertainment only, no fee shall be payable and accompany the application if the conditions of this article are satisfied in respect of that application.
2
The conditions referred to in paragraph (1) are –
a
in a case of an application by a proprietor of an educational institution in respect of premises that are or form part of the educational institution —
i
that the educational institution is a school or a college; and
ii
the provision of regulated entertainment on the premises is carried on by the educational institution for and on behalf of the purposes of the educational institution; or
b
that the application is in respect of premises that are or form part of a church hall, chapel hall or other similar building or a village hall, parish hall or community hall or other similar building.
Andrew McIntosh
Minister of State
Department for Culture, Media and Sport
20th January 2005


text:
Citation and Commencement
1
These Regulations may be cited as the Air Navigation (Dangerous Goods) (Amendment) Regulations 2005 and shall come into force on 30th December 2005.
Amendment of Air Navigation (Dangerous Goods) Regulations 2002
2
The Air Navigation (Dangerous Goods) Regulations 2002 shall be amended by substituting for the definition of “Technical Instructions” in Regulation 3(1) —
“Technical Instructions” means the 2005–2006 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air, as amended by the Addendum to those Instructions dated 18th March 2005 and Addendum No. 2 dated 30th June 2005, which was approved and published by decision of the Council of the International Civil Aviation Organisation.
Signed by authority of the Secretary of State for Transport
Karen Buck
Parliamentary Under-Secretary of State
Department for Transport
30th November 2005


text:
Citation, commencement
1
This Order may be cited as the Crime Prevention (Designated Areas) Order 2005 and shall come into force on 21st April 2005.
Interpretation
2
In this Order, “the maps” means the maps numbered 73 to 82 and each entitled “Map referred to in the Crime Prevention (Designated Areas) Order 2005 ”, of which prints signed on behalf of the Secretary of State for Environment, Food and Rural Affairs are deposited and available for inspection at the offices of –
a
the Department for Environment, Food and Rural Affairs; and
b
in the case of any one such map, the highway authority for the area hatched and edged red on that map.
Designated areas
3
The areas hatched and edged red on the maps are hereby designated for the purposes of section 118B of the Highways Act 1980.
Alun Michael
Minister of State
Department for Environment, Food and Rural Affairs
18th March 2005


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Rotherham) Order 2005 and shall come into force on 4th July 2005.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the metropolitan borough of Rotherham except —
a
the entire length of the M1, including its on and off slip roads, within the borough;
b
the entire length of the M18, including its on and off slip roads, within the borough.
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
21st May 2005


text:
Citation and commencement
1
These Regulations may be cited as the Asylum Support (Interim Provisions) (Amendment) Regulations 2005 and shall come into force on 3rd April 2005.
Extension of the interim period in the Asylum Support (Interim Provisions) Regulations 1999
2
In regulation 2(5) of the Asylum Support (Interim Provisions) Regulations 1999 for the words “4th April 2005” there is substituted “3rd April 2006”.
Des Browne
Minister of State
Home Office
9th March 2005


text:
Citation, commencement and effect
1
1
This Order may be cited as the Discretionary Housing Payments (Grants) Amendment Order 2005 and shall come into force on 1 st September 2005.
2
This Order shall –
a
for the purposes of article 2(2) have effect from 1st April 2004; and
b
for the purpose of article 2(3) have effect from 1st April 2005.
Amendment of the Discretionary Housing Payments (Grants) Order 2001
2
1
The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.
2
In article 1(2) (interpretation), in the definition of “non-audit claim” the words “in England and Wales” shall be omitted.
3
In article 3(2) (claims), in sub-paragraph (f) for “30th June” there shall be substituted “31st May”.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
21 July 2005
We consent
Vernon Coaker
David Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
21 July 2005


text:
Citation and commencement
1
These Regulations may be cited as the Education (Information as to Provision of Education) (England)(Amendment) Regulations 2005 and shall come into force on 1st April 2005.
Amendment of Education (Information as to Provision of Education) (England) Regulations 1999
2
The Education (Information as to Provision of Education) (England) Regulations 1999 shall be further amended as follows.
3
In Regulation 2 the definitions of “capacity”, “relevant areas of the school premises”, “teaching accommodation” and “washroom facilities” shall be omitted.
4
Regulation 3(2) shall be omitted.
5
In paragraph 6 of Schedule 1 for sub-paragraph (c) there shall be substituted the following sub-paragraph
c
any proposals in respect of schools in the area published pursuant to any enactment, which have been approved (where approval is required) or, as the case may be, determined to be implemented, but not implemented;
.
6
Part Π of Schedule 1 shall be omitted.
Stephen Twigg
Minister of State
Department for Education and Skills
21st February 2005


text:
Citation
1
This Order may be cited as the Income Tax (Indexation) Order 2005.
Amounts specified for rate limits for 2005/06
2
Unless Parliament determines otherwise, for the year 2005/06, the amount treated as specified by virtue of section 1(4) of the Income and Corporation Taxes Act 1988 shall be —
a
in section 1(2)(aa) of the Act (starting rate limit of charge to income tax), £2,090;
b
in section 1(2)(b) of the Act (basic rate limit of charge to income tax), £32,400.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 2005


text:
1
These Regulations may be cited as the Travel Documents (Fees) (Amendment) Regulations 2005 and shall come into force on 1st April 2005.
2
For regulation 3(1) and (2) of the Travel Documents (Fees) Regulations 1999 there shall be substituted:
1
In connection with an application to the Secretary of State for a Convention travel document or a document of identity, the fee which is to be paid is:
a
in a case where the person in respect of whom the application is made has not, at the date of the application, attained the age of sixteen years, £25;
b
in any other case, £42.
2
In connection with an application to the Secretary of State for any other Home Office travel document, other than an application falling with paragraph (3), the fee which is to be paid is:
a
in a case where the person in respect of whom the application is made has not, at the date of the application, attained the age of sixteen years, £115;
b
in any other case, £195.
3
The Travel Documents (Fees) (Amendment) Regulations 2004 are hereby revoked.
Des Browne
Minister of State
Home Office
10th March 2005
We approve
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2005


text:
Citation
1
This Order may be cited as the Herdley Bank Church of England Aided First School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The Herdley Bank Church of England Aided First School, Coanwood, Haltwhistle, Northumberland, NE49 0QT, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
30th November 2005


text:
Citation
1
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 5) Order 2005.
2
In this Order —
a
“ the Act ” means the Health and Social Care (Community Health and Standards) Act 2003; and
b
“the 2000 Act ” means the Freedom of Information Act 2000 .
3
This Order applies to England only.
Appointed day
2
17th January 2005 is the appointed day for the coming into force of the following provisions of the Act —
a
section 117(1) for the purpose only of the exercise of the power to make regulations;
b
section 117(2);
c
paragraph 68 of Schedule 11, and section 184 in so far as it relates to that provision; and
d
Part 4 of Schedule 14 in so far as it relates to —
i
paragraph 44 of Schedule 1 to the 2000 Act, and
ii
paragraph 45 of Schedule 1 to the 2000 Act in so far as that paragraph relates to personal medical services,
and section 196 in so far as it relates to those provisions.
Transitional provisions applying in respect of the 2000 Act until the coming into force of section 172(1) of the Act
3
Until the coming into force of section 172(1) of the Act in relation to general dental services contracts, the following transitional provisions shall apply in respect of Schedule 1 to the 2000 Act —
a
paragraph 43A shall be read as if the words “or primary dental services” and “section 28K or” were omitted; and
b
paragraph 44 of Schedule 1 shall be read as if the words “general dental services,” were inserted before the words “general ophthalmic”.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
11th January 2005


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 2005 and shall come into force on 11 th August 2005.
2
These Regulations shall have effect in relation to accounting periods beginning on or after 1 st January 2004 and ending on or before 31 st December 2004.
Amendments to the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997
2
The Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997 are amended as follows.
3
In regulation 2 —
a
in both of the definitions of “annual return society” and “non annual return society” add at the end “or Rule 9.4 of the Prudential Sourcebook (Insurers)”;
b
add at the appropriate place the following definition —
The Prudential Sourcebook (Insurers)” means the Interim Prudential Sourcebook for Insurers made by the Financial Services Authority under the Financial Services and Markets Act 2000 ;
.
4
In regulation 4A(1) add at the end “to which Chapter 5 of the Prudential Sourcebook (Friendly Societies) applies”.
5
In regulation 6 —
a
in paragraph (1), add at the end “to which Chapter 5 of the Prudential Sourcebook (Friendly Societies) applies and, in the case of paragraph (4), by friendly societies”;
b
in paragraph (2) —
i
in both of the definitions of “annual return society” and “non annual return society” treated as inserted in section 431 of the Income and Corporation Taxes Act 1988, add at the end “or Rule 9.4 of the Prudential Sourcebook (Insurers)”;
ii
add at the appropriate place the following definition —
“The Prudential Sourcebook (Insurers)” means the Interim Prudential Sourcebook for Insurers made by the Financial Services Authority under the Financial Services and Markets Act 2000;
.
6
In regulation 9(2) , in the subsection (1B) treated as inserted in section 432A of the Income and Corporation Taxes Act 1988, in paragraph (a), for “as the society's” to “in relation” substitute —
as —
i
the society’s valuation report but which are limited to an investigation of the matters referred to in rule 5.1(3) of the Prudential Sourcebook (Friendly Societies), or
ii
the society’s periodical return but which are limited to an investigation of the matters referred to in Rule 9.4(2) of the Prudential Sourcebook (Insurers),
in relation
.
7
In regulation 32A(1) after “society” insert “to which Chapter 5 of the Prudential Sourcebook (Friendly Societies) applies”.
8
In regulation 36(1) add at the end “to which Chapter 5 of the Prudential Sourcebook (Friendly Societies) applies”.
9
In regulation 53A(1) add at the end “for friendly societies to which Chapter 5 of the Prudential Sourcebook (Friendly Societies) applies”.
Gillian Merron
Vernon Coaker
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 2005


text:
1
This Order may be cited as the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment) Order 2005 and shall come into force on 28th March 2005.
2
The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 shall be amended as set out in this Order.
3
In article 2, in the definition of “transfer”, after the words “ from a person or place within the United Kingdom” there shall be added “ except in articles 8 and 9 to the extent that those articles make provision in respect of transfers other than from a person or place within the United Kingdom”.
4
In article 16, in paragraphs (4) and (5), after the words “shall be guilty of an offence” there shall be added “and may be arrested”.
5
In article 21 at the end there shall be added the following —
8
Section 138 of the Customs and Excise Management Act 1979 (provision as to arrest of persons) shall apply to any person who has committed, or in respect of whom there are reasonable grounds to suspect of having committed, an offence for which he is liable to be arrested under article 16(4) or (5) of this Order as that section applies to the arrest of any person for offences for which he is liable to be arrested under the customs and excise Acts.
9
Section 77A of the Customs and Excise Management Act 1979 (provision as to information powers) shall apply to any person concerned (in whatever capacity) in an activity requiring a licence under this Order for the transfer of software or technology or the provision of technical assistance as it applies to any person who is concerned (in whatever capacity) in the exportation of goods for which an entry is required by or under that Act, and accordingly references in section 77A of the Customs and Excise Management Act 1979 to goods shall, as the context requires, be read as including software, technology and technical assistance and references to exportation shall, as the context requires, be read as including the transfer of technology or software or the provision of technical assistance.
Nigel Griffiths
Parliamentary Under Secretary of State for Small Business and Enterprise,
Department of Trade and Industry
2nd March 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Protected Rights (Transfer Payment) (Amendment) Regulations 2005 and shall come into force on 28th November 2005.
2
In these Regulations, “the principal Regulations ” means the Protected Rights (Transfer Payment) Regulations 1996 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (citation, commencement and interpretation) there shall be inserted in the appropriate alphabetical place the following definition —
“mixed benefit contracted-out scheme” means an occupational pension scheme to which section 149(1) of the Pensions Act 1995 (hybrid occupational pension schemes) applies and which is contracted-out;
.
Amendment of regulation 2 of the principal Regulations
3
For regulation 2 of the principal Regulations (general) there shall be substituted the following regulation —
2
1
Effect may be given to a member’s protected rights by making a transfer payment from —
a
an appropriate personal pension scheme;
b
a money purchase contracted-out scheme;
c
the money purchase part of a mixed benefit contracted-out scheme; or
d
a scheme mentioned in sub-paragraph (a), (b) or (c) which has ceased to be a contracted-out scheme,
to a scheme specified in paragraph (2) below.
2
A transfer payment in respect of protected rights may be made to either an —
a
appropriate personal pension scheme; or
b
occupational pension scheme,
in accordance with regulations 3 to 5.
3
In these Regulations a “transfer payment” means a transfer payment such as is described in this regulation.
.
Amendment of regulation 3 of the principal Regulations
4
For regulation 3 of the principal Regulations (transfer payments to money purchase contracted-out schemes and appropriate personal pension schemes) there shall be substituted the following regulation —
Transfer payments to appropriate personal pension schemes
3
A transfer payment may be made to an appropriate personal pension scheme if —
a
the member consents in writing or regulation 3A applies;
b
the transfer payment (or, if it forms part of a larger payment giving effect to both protected rights and other rights, that part of it which gives effect to protected rights) is of an amount at least equal to the cash equivalent of the protected rights to which effect is being given, as calculated and verified in a manner consistent with regulations made under section 97 of the 1993 Act (calculation of cash equivalents); and
c
the transfer payment in respect of the member’s protected rights is applied so as to provide money purchase benefits under the receiving scheme for or in respect of the member.
.
Insertion of regulations 3B and 3C into the principal Regulations
5
After regulation 3A of the principal Regulations (transfer payments from stakeholder pension schemes without the member’s consent) there shall be inserted the following regulations —
Transfer payment to a money purchase contracted-out scheme or the money purchase part of a mixed benefit contracted-out scheme with the member’s consent
3B
1
A transfer payment may be made to either —
a
a money purchase contracted-out scheme; or
b
the money purchase part of a mixed benefit contracted-out scheme,
if the conditions specified in paragraph (2) are satisfied.
2
The conditions specified in this paragraph are —
a
the member consents in writing;
b
the transfer payment (or, if it forms part of a larger payment giving effect to both protected rights and other rights, that part of it which gives effect to protected rights) is of an amount at least equal to the cash equivalent of the protected rights to which effect is being given, as calculated and verified in a manner consistent with regulations made under section 97 of the 1993 Act;
c
the transfer payment in respect of the member’s protected rights is applied so as to provide money purchase benefits under the receiving scheme for or in respect of the member; and
d
either the member —
i
is employed by an employer who is a contributor to the receiving scheme; or
ii
has previously been a member of the receiving scheme.
Transfer payment to a money purchase contracted-out scheme or the money purchase part of a mixed benefit contracted-out scheme without the member’s consent
3C
1
A transfer payment may be made to either —
a
a money purchase contracted-out scheme; or
b
the money purchase part of a mixed benefit contracted-out scheme,
without the member’s consent if the requirements of paragraph (2) are satisfied.
2
The requirements of this paragraph are that the conditions specified in either —
a
paragraphs (3) and (4); or
b
paragraph (8),
are satisfied.
3
The conditions specified in this paragraph are —
a
the transfer payment (or, if it forms part of a larger payment giving effect to both protected rights and other rights, that part of it which gives effect to protected rights) is of an amount at least equal to the cash equivalent of the protected rights to which effect is being given, as calculated and verified in a manner consistent with regulations made under section 97 of the 1993 Act;
b
the transfer payment in respect of the member’s protected rights is applied so as to provide money purchase benefits under the receiving scheme for or in respect of the member; and
c
the transferring scheme is either —
i
a money purchase contracted-out scheme;
ii
the money purchase part of a mixed benefit contracted-out scheme; or
iii
a scheme mentioned in head (i) or (ii) of this sub-paragraph which has ceased to be a contracted-out scheme.
4
The conditions specified in this paragraph are —
a
subject to paragraph (7), the trustees have sent a notice to the member at his last known postal address or electronic mail address in relation to the proposed transfer;
b
a period of at least three months has elapsed from the date of the notice;
c
the trustees have not received written notification within that period that the member objects to the transfer; and
d
the transferring scheme and the receiving scheme bear a relationship to each other such as is described in regulation 12(2) of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 (transfer of member’s accrued rights without consent).
5
In paragraph (4)(a), “notice” means a notice in writing stating —
a
the names and addresses of the —
i
transferring scheme; and
ii
receiving scheme;
b
the name of the person in the —
i
transferring scheme; and
ii
receiving scheme,
that a member may contact for further information;
c
the value of the rights which are to be transferred;
d
the nature of the rights which are to be transferred; and
e
that —
i
the member has the right to object to the proposed transfer of his protected rights by sending a written notice to that effect to the trustees of the transferring scheme; and
ii
the trustees of the transferring scheme may transfer that member’s protected rights unless they receive that written notification of his objection to the proposed transfer within three months from the date of the notice.
6
For the purposes of paragraph (4) —
a
where the trustees of the transferring scheme are notified of a delivery failure of a notice sent by electronic mail to a member for the purposes of paragraph (4)(a), the trustees shall send a further notice to the member’s last known postal address unless he is an excluded person; and
b
the date of the notice for the purposes of paragraph (4)(b) shall be the date of the second notice.
7
The trustees of a transferring scheme may transfer the protected rights of an excluded person without sending a notice to him.
8
The conditions specified in this paragraph are —
a
the requirements of paragraphs (3)(a) to (c) and (4)(d) of this regulation are complied with;
b
the relevant actuary certifies to the trustees of the transferring scheme that the transfer credits to be acquired for each member under the receiving scheme in respect of his protected rights are, broadly, no less favourable than the rights to be transferred;
c
where it is proposed that a member’s protected rights are to be transferred in accordance with this paragraph, information about the proposed transfer and details of the value of the rights to be transferred shall be furnished to the member at least one month before the proposed transfer is due to take place, unless the member is an excluded person.
9
Where in response to either a notice issued under paragraph (4) or information furnished under paragraph (8)(c) a member consents in writing to the transfer of his protected rights under the scheme, the trustees of the scheme may give effect to the protected rights of that member by making a transfer payment in accordance with this regulation. However, the trustees shall not give effect to the protected rights of that member by making a transfer payment in accordance with regulation 3B.
10
In this regulation —
“the relevant actuary” has the meaning given by regulation 12(5) of the Occupational Pension Schemes (Preservation of Benefits) Regulations 1991;
“excluded person” means a member whose present address is not known to the trustees and in respect of whom correspondence sent by the trustees to his last address known to the trustees has been returned;
“transfer credits” means rights allowed to a member under the rules of a receiving scheme by reference to a transfer payment to that scheme of his protected rights from a transferring scheme.
.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
18th October 2005


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights) Amendment Regulations 2005.
2
These Regulations come into force on 21st April 2005.
3
Regulations 2 and 3 apply if the effective date is on or after 21st April 2005.
4
In paragraph (3) “the effective date” means —
a
in the case of regulation 2, the date on which the Commissioners of Inland Revenue determine for the purposes of paragraph 5(3A) to (3E) of Schedule 2 (resources of scheme insufficient on winding up) to the Pension Schemes Act 1993 the extent to which the resources of a scheme are insufficient to meet the liability for the cash equivalent of the member’s rights under the scheme; and
b
in the case of regulation 3, the date on which the Commissioners of Inland Revenue determine for the purposes of paragraph 5(3A) to (3E) of Schedule 1 (resources of scheme insufficient on winding up) to the Pension Schemes (Northern Ireland) Act 1993 the extent to which the resources of a scheme are insufficient to meet the liability for the cash equivalent of the member’s rights under the scheme.
5
This regulation, in so far as it relates to regulation 2, and regulation 2 apply to England, Wales and Scotland.
6
This regulation, in so far as it relates to regulation 3, and regulation 3 apply to Northern Ireland.
Amendments of the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations 1998
2
1
The Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations 1998 (“the 1998 Regulations ”) are amended as follows.
2
In regulation 3(2)(b) (method of calculation where no election to pay a contributions equivalent premium may be made) after “representing–” insert —
ia
as regards any relevant employment after 5th April 2002, the weekly amount as specified in paragraph (3);
.
3
In regulation 3(2)(b)(i) after “1997” insert “and before 6th April 2002”.
4
After regulation 3(2) add––
3
The weekly amount specified in this paragraph is —
a
the weekly amount of additional pension to which the member would be entitled in respect of the relevant employment after 5th April 2002 (whether by virtue of his own contributions or, in the case of a surviving spouse member, by virtue of the earner’s contributions) if the scheme had not been a contracted-out scheme, less the weekly amount of any such pension to which he is so entitled despite the scheme being such a scheme; or
b
the weekly amount of additional pension to which the member would have become so entitled on attaining pensionable age if the scheme had not been such a scheme, less the weekly amount of any such pension to which he will be so entitled despite the scheme being such a scheme.
.
5
In regulation 4(b) (market level indicator) for “3.5 per cent.” substitute “3 per cent.”.
6
For the tables in Schedule 1 substitute the tables set out in Schedule 1 to these Regulations.
7
For the table in Schedule 2 substitute the table set out in Schedule 2 to these Regulations.
Amendments of the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations (Northern Ireland) 1998
3
1
The Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations (Northern Ireland) 1998 (“the 1998 Regulations”) are amended as follows.
2
In regulation 3(2)(b) (method of calculation where no election to pay a contributions equivalent premium may be made) after “representing–” insert —
ia
as regards any relevant employment after 5th April 2002, the weekly amount as specified in paragraph (3);
.
3
In regulation 3(2)(b)(i) after “1997” insert “and before 6th April 2002”.
4
After regulation 3(2) add ––
3
The weekly amount specified in this paragraph is —
a
the weekly amount of additional pension to which the member would be entitled in respect of the relevant employment after 5th April 2002 (whether by virtue of his own contributions or, in the case of a surviving spouse member, by virtue of the earner’s contributions) if the scheme had not been a contracted-out scheme, less the weekly amount of any such pension to which he is so entitled despite the scheme being such a scheme; or
b
the weekly amount of additional pension to which the member would have become so entitled on attaining pensionable age if the scheme had not been such a scheme, less the weekly amount of any such pension to which he will be so entitled despite the scheme being such a scheme.
.
5
In regulation 4(b) (market level indicator) for “3.5 per cent.” substitute “3 per cent.”.
6
For the tables in Schedule 1 substitute the tables set out in Schedule 1 to these Regulations.
7
For the table in Schedule 2 substitute the table set out in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
22nd March 2005


text:
1
This Order may be cited as the A428 Trunk Road (Caxton Gibbet to Cambourne Improvement) (Detrunking) Order 2005 and shall come into force on 11th April 2005.
2
In this Order —
1
all measurements of distance are approximate only, and are measured along the route of the relevant highway. Where junctions are referred to as points of reference in measurements, those measurements are made from the centre line of the junction if it is a `T'-junction and from the centre of the roundabout island if it is a roundabout junction;
2
i
“the plan” means the plan contained in the folio numbered HA 10/MP/023 marked “The A428 Trunk Road (Caxton Gibbet to Cambourne Improvement) (Detrunking) Order 2005”, signed by authority of the Secretary of State for Transport and deposited at Records Management Branch, Room F13, Ashdown House, Sedlescombe Road North, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
ii
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
iii
“the new trunk road” means the new highway which the Secretary of State proposes to construct referred to in article 2 (iii) of the A428 Trunk Road (Caxton Gibbet to Cambourne Improvement) Order 2005 ; and
iv
“the trunk road” means the A428 Trunk Road.
3
The length of trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies the Cambridgeshire County Council that the new trunk road is open for traffic.
4
The centre line of the trunk road is indicated by heavy black dashes on the plan.
Signed by authority of the Secretary of State for Transport
Peter Wallwork
Divisional Director Highways Agency
17th March 2005


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (Pharmaceutical Services) Amendment Regulations 2005 and shall come into force on 1 st April 2005.
2
These Regulations shall apply in relation to England only .
Amendment to the Pharmaceutical Services Regulations
2
The following amendments are made the National Health Service (Pharmaceutical Services) Regulations 2005 —
a
in regulation 12 (necessary or desirable test) —
i
in paragraph (2)(a)(i) and (ii), after “any pharmaceutical services” insert “or directed services”,
ii
in paragraph (2)(b)(i) and (ii), after “pharmaceutical services” insert “or directed services”, and
iii
in paragraph (3), after “any pharmaceutical services” insert “or directed services”;
b
in regulation 56 (standards of, and payments, for drugs and appliances) —
i
in paragraph (1)(g), insert at the end “or directed services”,
ii
in paragraphs (1)(h) and (i), after “pharmaceutical services” insert “or directed services”, and
iii
in paragraph (2), after “pharmaceutical services” insert “or directed services”.
c
in regulation 60 (arrangements for provision of pharmaceutical services by doctors) —
i
in paragraph (4)(a) and (b), after “listed premises” insert “in the case of a patient falling within paragraph (1)(b) or (c) or practice premises in the case of a patient falling within paragraph (1)(a)”, and
ii
in paragraph (6), after “listed premises” insert “or practice premises”.
Signatory text
Rosie Winterton
Minister of State,
Department of Health
31st March 2005


text:
1
This Order may be cited as the Consular Fees (Amendment) Order 2005 and shall come into force on 1 st December 2005.
2
Article 2 of the Consular Fees Order 2005 shall be amended by inserting, before the definition of “Crown Dependencies”, the following —
“biometric passport” means a passport which contains unique biological data specific to the holder,
3
The Schedule to the Consular Fees Order 2005 shall be amended as follows —
a
Fee 12 shall be replaced with the following —
12
For applications made in the United Kingdom and irrespective of whether or not the passport issued is a biometric passport, issuing a passport of not more than 32 pages which includes replacing an expired passport, issuing a new passport of full validity when an original passport of restricted validity is unavailable and issuing a new passport with amended personal details —
a
for applications made by post
i
where the applicant is aged 16 years or over
51.00
ii
where the applicant is under 16 years old (for a passport valid for 5 years)
34.00
b
for applications made in person
i
where the applicant is aged 16 years or over using the fast-track service
77.50
ii
where the applicant is under 16 years old (for a passport valid for 5 years) using the fast-track service
70.00
iii
where the applicant is aged 16 years or over using the fast-track collect service
91.00
iv
where the applicant is under 16 years old (for a passport valid for 5 years) using the fast-track collect service
80.50
v
where the applicant is aged 16 years or over using the premium service
96.50
vi
where the applicant is under 16 years old (for a passport valid for 5 years) using the premium service
83.00
12A
For applications made abroad, issuing a passport of not more than 32 pages which includes replacing an expired passport and issuing a new passport of full validity when an original passport of restricted validity is unavailable —
a
in the case that the passport issued is not a biometric passport and
i
where the applicant is aged 16 years or over
69.00
ii
where the applicant is under 16 years old (for a passport valid for 5 years)
45.00
b
in the case that the passport issued is a biometric passport and
i
where the applicant is aged 16 years or over
91.00
ii
where the applicant is under 16 years old (for a passport valid for 5 years)
59.00
b
Fee 13 shall be replaced with the following —
13
For applications made in the United Kingdom and irrespective of whether or not the passport issued is a biometric passport, issuing a passport of 48 pages which includes replacing an expired passport, issuing a new passport of full validity when an original passport of restricted validity is unavailable and issuing a new passport with amended personal details —
a
for applications made by post
62.50
b
for applications made in person
i
using the fast-track service
87.00
ii
using the fast-track collect service
100.50
iii
using the premium service
104.50
13A
For applications made abroad, issuing a passport of 48 pages which includes replacing an expired passport and issuing a new passport of full validity when an original passport of restricted validity is unavailable —
a
in the case that the passport issued is not a biometric passport
82.00
b
in the case that the passport issued is a biometric passport
109.00
c
Fee 15 shall be replaced with the following —
15
Amending or extending an existing passport where the application is made abroad and —
a
the passport issued is not a biometric passport
57.00
b
the passport issued is a biometric passport
75.50
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the National Health Service Litigation Authority (Establishment and Constitution) Amendment (No. 2) Order 2005 and shall come into force on 1st July 2005.
2
This Order applies in relation to England.
3
In this Order “the principal Order ” means the National Health Service Litigation Authority (Establishment and Constitution) Order 1995 .
Amendment of article 1 of the principal Order
2
In article 1 of the principal Order, for paragraph (2) substitute —
2
In this Order —
“the Authority” means the National Health Service Litigation Authority established by this Order; and
“ NHS body” means a Strategic Health Authority, a Special Health Authority, an NHS trust, an NHS foundation trust and a Primary Care Trust.
.
Amendment of article 3 of the principal Order
3
For article 3 of the principal Order substitute —
Functions of the Authority
3
Subject to and in accordance with such directions as the Secretary of State may give to the Authority, the Authority shall perform on behalf of the Secretary of State —
a
such of her functions in connection with the establishment and administration of a scheme under section 21 of the National Health Service and Community Care Act 1990 (scheme for meeting liabilities of health service bodies);
b
such of her appellate and other functions in connection with the decisions and functions of Primary Care Trusts;
c
such of her functions in connection with advice about and assistance with litigation or potential litigation which involves an NHS body; and
d
such other functions,
as the Secretary of State may direct.
.
Signed by authority of the Secretary of State for Health
Liam Byrne
Parliamentary Under Secretary of Sate for Care Services,
Department of Health
2nd June 2005


text:
Citation and commencement
1
These Regulations may be cited as the Armed Forces Proceedings (Costs) Regulations 2005 and shall come into force on 1st February 2006.
Interpretation
2
In these Regulations —
“ the Act ” means the Armed Forces Act 2001;
“the court administration officer” has, in relation to a court-martial, the meaning given to that expression by section 84A of the Army Act 1955 , section 84A of the Air Force Act 1955 and section 53A of the Naval Discipline Act 1957 and in relation to a Standing Civilian Court, has the meaning given to that expression by paragraph 1(1) of Schedule 3 to the Armed Forces Act 1976 ;
“court-martial” has the same meaning as it has for the purposes of the services Acts ;
“the Courts-Martial Appeal Court” means the court established by the Courts-Martial (Appeals) Act 1951 and continued in existence by section 1 of the Courts-Martial (Appeals) Act 1968 ;
“interested party” means the party benefiting from an order made under regulation 3 of these Regulations or a wasted costs order and, where he was receiving representation funded for him as part of the Criminal Defence Service or under any legal aid scheme operated by any of Her Majesty’s forces, shall include the authority responsible for determining costs payable in respect of work done under the representation order, or as the case may be, such a legal aid scheme;
“representation order” means a document granting a right to representation in criminal proceedings under section 14 of the Access to Justice Act 1999 ;
“Standing Civilian Court” means a court established under section 6 of the Armed Forces Act 1976 ;
“wasted costs order” means any action taken by a court-martial, a summary appeal court, the Courts-Martial Appeal Court or a Standing Civilian Court under section 27(1) of the Act.
Unnecessary or improper acts or omissions
3
1
Subject to the provisions of this regulation, where at any time during proceedings for an offence under any of the services Acts —
a
a court-martial,
b
a summary appeal court ,
c
the Courts-Martial Appeal Court, or
d
a Standing Civilian Court
is satisfied that costs have been incurred in respect of the proceedings by one of the parties as a result of an unnecessary or improper act or omission by, or on behalf of, another party to the proceedings, the court may, after hearing the parties, order that all or part of the costs so incurred by that party shall be paid to him by the other party.
2
Before making an order under paragraph (1), the court shall take into account any other order as to costs (including any representation order or any order under a legal aid scheme operated by any of Her Majesty’s forces) which has been made in respect of the proceedings.
3
An order made under paragraph (1) shall specify the amount of costs to be paid in pursuance of the order.
4
Where an order has been made under paragraph (1), the court may take that order into account when making any other order as to costs in respect of the proceedings.
5
No order shall be made under paragraph (1) by a Standing Civilian Court which requires a person under the age of eighteen who has been convicted of an offence to pay an amount by way of costs which exceeds the amount of any fine imposed on him by that court.
Wasted costs
4
1
A wasted costs order may provide for the whole or any part of the wasted costs to be disallowed or ordered to be paid and the court shall specify the amount of such costs.
2
Before making a wasted costs order the court shall allow the legal or other representative and any party to the proceedings to make representations.
3
When making a wasted costs order the court may take into account any other order as to costs in respect of the proceedings and may take the wasted costs order into account when making any such other order.
4
Where a wasted costs order has been made the court shall notify any interested party benefiting from the order that it has been made and of the amount disallowed or ordered to be paid.
Appeals
5
1
Any person against whom a court makes an order under regulation 3 and any legal or other representative against whom a wasted costs order is made may appeal —
a
in the case of an order made by a court-martial, to the Courts-Martial Appeal Court, and
b
in the case of an order made by a summary appeal court or a Standing Civilian Court, to the High Court in England and Wales.
2
In the following paragraphs any person or legal or other representative who appeals under paragraph (1) is referred to as “the appellant”.
3
Subject to paragraph (5), an appeal shall be instituted, within 21 days of the order under regulation 3 or the wasted costs order being made, by the appellant giving notice in writing to the court administration officer of the court which made the order, stating the grounds of appeal.
4
The appellant shall serve a copy of the notice of appeal and grounds, including any application for an extension of time in which to appeal, on any interested party.
5
The time limit within which an appeal may be instituted may, for good reason, be extended before or after it expires —
a
in the case of an appeal to the Courts-Martial Appeal Court, by a judge of that court;
b
in the case of an appeal to the High Court in England and Wales, by a judge of that court;
and in each case the court to which the appeal is made (“the appeal court”) shall give notice of the extension to the appellant, the court administration officer of the court which made the order under regulation 3 or the wasted costs order appealed against and any interested party.
6
The appeal court shall give notice of the hearing date to the appellant, the court administration officer of the court which made the order under regulation 3 or the wasted costs order and any interested party and shall allow the interested party to make representations which may be made orally or in writing.
7
The appeal court may affirm, vary or revoke the order as it thinks fit and shall notify its decision to the appellant, any interested party and the court administration officer of the court which made the order.
Recovery of sums due under a wasted costs order
6
Where the person required to make a payment in respect of sums due under a wasted costs order fails to do so, the payment may be recovered summarily as a sum adjudged to be paid as a civil debt by order of a magistrates' court by the party benefiting from the order, save that where he was receiving services funded for him as part of the Criminal Defence Service, the power to recover shall be exercisable by the Lord Chancellor, and where he was receiving services under a legal aid scheme operated by any of Her Majesty’s forces, the power to recover shall be exercisable by the Secretary of State for Defence.
Costs incurred by prosecuting authorities
7
Where any of Her Majesty’s forces incurs costs of any of the descriptions in the Schedule to these Regulations in respect of the exercise by the prosecuting authority of its functions as a party to proceedings under the services Acts such costs shall be taken for the purposes of any order under regulation 3 or 4 to have been incurred by that authority.
Payment in respect of costs
8
Where an order for the payment of costs taken to have been incurred by the prosecuting authority as described in regulation 7 is made under these Regulations payment shall be made to the court service of the appropriate service of Her Majesty’s forces.
Don Touhig
Parliamentary Under Secretary of State Ministry of Defence
19th December 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Merchant Shipping (Prevention of Oil Pollution) (Amendment) Regulations 2005 and shall come into force on 4th August 2005.
2
In these Regulations “the principal Regulations ” means the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 .
Amendment of principal Regulations: regulation 1
2
In regulation 1(2) of the principal Regulations, in the definition of “the Convention”, for the words “11th October 2002” there shall be substituted the words “4th December 2003”.
Amendment of principal Regulations: regulation 31
3
1
Regulation 31 of the principal Regulations shall be amended as follows.
2
After paragraph (1) there shall be inserted:
1A
Subject to paragraph (2), paragraph (7) of this regulation applies to an oil tanker of 600 tons deadweight and above.
.
3
In paragraph (4), for paragraph (b) there shall be substituted:
b
if it is any other oil tanker, shall not enter or leave a port or offshore terminal or anchor in an area under the jurisdiction of the United Kingdom:
i
if the ship was delivered in 1981 or earlier, or was delivered in 1982 on or before 4th August, on or after the day these Regulations came into force,
ii
if the ship was delivered in 1982 after 4th August, on or after the anniversary in 2005 of the day and month of that ship’s delivery.
.
4
In paragraph (5), for paragraph (b) there shall be substituted:
b
if it is any other oil tanker, shall not enter or leave a port or offshore terminal or anchor in an area under the jurisdiction of the United Kingdom:
i
if the ship was delivered in 1976 or earlier, or was delivered in 1977 on or before 4th August, on or after the day these Regulations came into force,
ii
if the ship was delivered in 1977 after 4th August, on or after the anniversary in 2005 of the day and month of that ship’s delivery,
iii
if the ship was delivered in 1978 or 1979, on or after the anniversary in 2006 of the day and month of that ship’s delivery,
iv
if the ship was delivered in 1980 or 1981, on or after the anniversary in 2007 of the day and month of that ship’s delivery,
v
if the ship was delivered in 1982, on or after the anniversary in 2008 of the day and month of that ship’s delivery,
vi
if the ship was delivered in 1983, on or after the anniversary in 2009 of the day and month of that ship’s delivery,
vii
if the ship was delivered in 1984 or later, on or after the anniversary in 2010 of the day and month of that ship’s delivery.
.
5
For paragraphs (6) to (8) there shall be substituted:
6
A category 2 or 3 oil tanker which is equipped only with double bottoms or double sides not used for the transport of oil and extending for the whole length of the cargo tank, or with double-hulled spaces not used for the transport of oil and extending for the whole length of the cargo tank, but which do not meet the conditions for exemption from the provisions of paragraph 1(c) of Regulation 13G of Annex I, may continue to operate after the date set out in relation to such a ship in paragraph (5), but not beyond the anniversary of the date of delivery of the ship in the year 2015 or the date on which the ship reaches the age of 25 years from its date of delivery, whichever is the sooner.
7
No oil tanker carrying heavy grades of oil shall be allowed to enter or leave a port or offshore terminal or to anchor in an area under the jurisdiction of the United Kingdom unless:
a
it is a double hull oil tanker, or
b
it is an oil tanker of less than 5,000 tons deadweight operating on or before the anniversary in 2008 of the day and month of that ship’s delivery, or
c
it is an oil tanker operating exclusively in ports and inland navigation and duly certified under the inland waterway legislation applicable to the ship, or
d
it is an ice-strengthened single-hull oil tanker operating before 21st October 2005 in ice conditions which require the use of such a vessel, equipped with a double bottom not used for the transport of oil and extending over the entire length of the cargo tank, carrying heavy grades of oil only in its central tanks.
8
Paragraph (8A) applies to a category 2 or 3 oil tanker:
a
on and after 4th August 2005 if on or before that date the ship has been subject to a renewal or intermediate survey following the fifteenth anniversary of the day and month of the ship’s delivery, and
b
in any other case, from the date on which the ship first has a renewal or intermediate survey following the fifteenth anniversary of the day and month of the ship’s delivery.
8A
A ship to which this paragraph applies:
a
if it is a United Kingdom tanker shall not operate, and
b
if it is any other tanker, shall not enter or leave a port or offshore terminal or anchor in an area under the jurisdiction of the United Kingdom
unless it complies with the Condition Assessment Scheme adopted by Resolution 94(46) of 27th April 2001 of the Marine Environment Protection Committee of the International Maritime Organisation and amended by Resolution 99(48) of 11th October 2002 and Resolution 112(50) of 4th December 2003 of that Committee.
6
In paragraph (11):
a
the definition of “age” shall be deleted,
b
for the definition of “category 2 oil tanker” there shall be substituted:
“category 2 oil tanker” means an oil tanker of:
20,000 tonnes deadweight and above which carries as cargo crude oil, fuel oil, heavy diesel oil or lubricating oil, or
30,000 tonnes deadweight and above which carries as cargo oil other than oil mentioned in paragraph (a),
and which complies with the requirements for new oil tankers as defined in Regulation 1(26) of Annex I of the Convention and is provided with segregated ballast tanks protectively located (“ SBT/PL ”),
,
c
for the definition of “double hull tanker” there shall be substituted:
“double hull oil tanker” means:
in relation to an oil tanker of 5,000 tonnes deadweight and above, an oil tanker which complies with:
the double hull or equivalent design requirements of Regulation 13F of Annex I of the Convention, or
the provisions of paragraph 1(c) of regulation 13G of Annex I of the Convention, and
in relation to an oil tanker of 600 tonnes deadweight and above but less than 5,000 tonnes deadweight, an oil tanker which:
is fitted with double bottom tanks or spaces complying with the provisions of regulation 13F(7)(a) of Annex I of the Convention,
is fitted with wing tanks or spaces arranged in accordance with regulation 13F(3)(a) of Annex I of the Convention, and
complies with the requirement for distance w as referred to in regulation 13F(7)(b) of Annex I of the Convention,
,
d
after the definition of “heavy diesel oil” there shall be inserted:
“heavy grades of oil” means:
crude oils having a density at 15°C which is higher than 900kg/m 3 (5) (which corresponds to an API grade of less than 25.7),
fuel oils having a density at 15°C which is higher than 900 kg /m 3 or a kinematic viscosity at 50°C which is higher than 180mm2/s(6) (which corresponds to a kinematic viscosity of over 189cSt).,
bitumen and tar and their emulsions,
.
Amendment of principal Regulations: regulation 35
4
In regulation 35 of the principal Regulations:
a
in paragraph (1), after “proposes to enter” there shall be inserted “or leave”, and after “deny the entry” there shall be inserted “or exit”,
b
in paragraph (2), for sub-paragraph (a) there shall be substituted:
a
a ship:
i
is suspected of a contravention of the requirements of regulation 12, 13 or 16, or
ii
does not comply with any other requirement of these Regulations
.
S J Ladyman
Minister of State
Department for Transport
7th July 2005


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Health Service Liabilities Schemes Amendment Regulations 2005, and shall come into force on 1 st April 2005.
2
In these Regulations —
“the CNS Regulations ” means the National Health Service (Clinical Negligence Scheme) Regulations 1996 ;
the ELS Regulations ” means the National Health Service (Existing Liabilities Scheme) Regulations 1996 ;
“the LTPS Regulations ” mean the National Health Service (Liabilities to Third Parties Scheme) Regulations 1999 ;
“the PES Regulations ” mean the National Health Service (Property Expenses Scheme) Regulations 1999 .
3
These Regulations apply in England .
Amendment of regulation 1 of the CNS Regulations
2
In regulation 1(2) of the CNS Regulations (interpretation) in the definition of “relevant function” for “or 15” substitute “15 or 15A ”.
Amendment of regulation 3 of the CNS Regulations
3
In regulation 3 of the CNS Regulations (eligible bodies) for paragraph (1)(e) substitute —
the Health Protection Agency .
.
Amendment of regulation 3 of the ELS Regulations
4
In regulation 3 of the ELS Regulations (eligible bodies) for paragraph (a)(iv) substitute —
the Health Protection Agency;
.
Amendment of regulation 1 of the LTPS Regulations
5
In regulation 1(2) of the LTPS Regulations (interpretation), in the definition of “relevant function” after the words “services in England” insert the words “or securing the provision of services” and for “paragraph 14 or 15” substitute “paragraphs 13,14, 15 or 15A”.
Amendment of regulation 3 of the LTPS Regulations
6
In regulation 3 of the LTPS Regulations (eligible bodies) —
a
at the end of sub-paragraphs (b) and (c) omit “or”;
b
at the end of sub-paragraph (d) insert —
or
e
the Health Protection Agency.
.
Amendment of regulation 4 of the LTPS Regulations
7
In regulation 4(2) of the LTPS Regulations (liabilities to which the Scheme applies) at the end of the definition of “relevant person” add the words “and includes an employee or agent of the person so engaged.”.
Amendment of regulation 1 of the PES Regulations
8
In regulation 1(2) of the PES Regulations (interpretation), in the definition of “relevant function” after the words “services in England” insert the words “or securing the provision of services” and for “paragraph 14 or 15” substitute “paragraphs 13,14, 15 or 15A ”.
Amendment of regulation 3 of the PES Regulations
9
In regulation 3 of the PES Regulations (eligible bodies) —
a
at the end of sub-paragraphs (b) and (c) omit the word “or”;
b
At the end of sub-paragraph (d) insert —
or
e
the Health Protection Agency.
.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
9th March 2005
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 2005


text:
Citation, commencement and interpretation
1
This Order may be cited as the Transport for London (Rickmansworth Station) Order 2005 and shall come into force on 30th August 2005.
2
In this Order, “relevant land” shall mean the land near Rickmansworth Station, Hertfordshire as specified in the Schedule to this Order.
Consent and condition
3
1
Subject to the condition in paragraph (2), the Secretary of State hereby gives consent to Transport for London for the grant of a leasehold interest in the relevant land for a term of more than fifty years.
2
Within a reasonable period following any development of the relevant land Transport for London shall secure the provision of permanent replacement car-parking facilities for the benefit of users of Rickmansworth Station which are —
a
of a similar scale to the facilities currently provided on the relevant land; and
b
in reasonable proximity to the relevant land.
Signed by authority of the Secretary of State for Transport
Karen Buck
Parliamentary Under Secretary of State
Department for Transport
2nd August 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2005 and shall come into force on 28th February 2005.
2
In this Order reference to an article or Schedule alone means an article or Schedule so numbered in the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 .
Transitional provisions
2
1
This Order applies for the purposes of —
a
articles 3 to 16 and 18 of, and the Schedule to, this Order, to work carried out under a certificate granted, and amendments made to add new proceedings to an existing certificate, on or after the date on which this Order comes into force;
b
article 17 of this Order, to —
i
a main hearing which concludes; and
ii
a certificate discharged or revoked,
on or after the date on which this Order comes into force.
2
In all other circumstances the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 shall have effect as if articles 3 to 18 of, and the Schedule to, this Order had not been made.
3
In this article reference to a certificate is to a certificate to fund services issued under the Funding Code approved under section 9 of the Access to Justice Act 1999.
Amendment to the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001
3
In article 2 —
a
after the definition of “assessment of costs” insert —
“business accounts” includes accounts relating to trusts and investments whether or not those accounts are maintained for the purposes of, or in connection with, a business;
;
b
after the definition of “the Commission” insert —
“committal hearing” means any hearing to determine whether a person should be committed to prison;
;
c
in the definition of function F1 for “means” to the end substitute “has the meaning set out in article 2A;”;
d
in the definition of function F2 for “means” to the end substitute “has the meaning set out in article 2B;”;
e
in the definition of function F3 for “means” to the end substitute “has the meaning set out in article 2C;”;
f
in the definition of function F4 for “means” to the end substitute “has the meaning set out in article 2D;”;
g
in the definition of function F5 for “means” to the end substitute “has the meaning set out in article 2E;”;
h
after the definition of “Funding Review Committee” insert —
“harm” has the same meaning as in section 31(9) of the Children Act 1989 and the question of whether harm is significant shall be determined in accordance with section 31(10) of that Act;
;
i
after the definition of “the main hearing” insert —
“mental disorder” has the same meaning as in section 1(2) of the Mental Health Act 1983 ;
.
4
After article 2 insert —
Function F1
2A
1
Subject to paragraph (2), function F1 means all work —
a
which is carried out prior to the issue of proceedings; or
b
which does not fall within functions F2 to F5.
2
Function F1 does not include work carried out in connection with a conference.
Function F2
2B
1
Subject to paragraph (2), function F2 means all work carried out in connection with a hearing relating to injunctive relief or enforcement procedures, except a committal hearing.
2
Function F2 does not include any work which falls within function F5.
3
In this article “work” includes, but is not limited to, preparation, advocacy, advising and drafting.
Function F3
2C
1
Subject to paragraph (2), function F3 means all work carried out in connection with —
a
a hearing, including a committal hearing; or
b
in care proceedings, an Advocates Meeting, Case Management Conference or Pre-Hearing Review.
2
Function F3 does not include any work which falls within function F2 or F5.
3
In this article “work” includes, but is not limited to, preparation, advocacy, advising and drafting.
Function F4
2D
1
Subject to paragraph (2), function F4 means all work carried out in connection with a conference, including a telephone or video conference.
2
Function F4 does not include any conference which takes place on the same day as a hearing for which payment is claimed under function F5.
3
In this article “work” includes, but is not limited to, preparation and advice.
Function F5
2E
1
Function F5 means all work carried out in connection with —
a
the main hearing; and
b
in care proceedings, where the same counsel attends both the Pre-Hearing Review and the main hearing on behalf of a client, the Pre-Hearing Review.
2
In this article “work” includes, but is not limited to, preparation, advocacy, advising and drafting.
.
5
In article 4 —
a
in paragraph (2), for “(3)” substitute “(2A)”; and
b
after paragraph (2) insert —
2A
This Order does not apply to family proceedings in magistrates' courts where:
a
prior authority to instruct counsel in respect of the work which was carried out has not been granted by the Commission; and
b
on the assessment of costs by the Commission, instructing counsel to carry out that work was not considered to be justified,
in which case all costs and disbursements in respect of such work shall be assessed in accordance with the rates set out in the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 .
.
6
In article 5(1)(c) after “payment” insert “(“CBP”)”.
7
In article 6(1) for “Only one base fee” substitute “A maximum of two base fees”.
8
1
After article 9(1)(c) insert —
ca
representation of a person who has difficulty:
i
giving instruction, or
ii
understanding advice,
attributable to a mental disorder or to a significant impairment of intelligence or social functioning;
cb
representation of:
i
a parent or parents of a child who is the subject of proceedings, or
ii
another person (including a child) against whom allegations are made that he has caused or is likely to cause significant harm to a child;
cc
analysis of the business accounts of an individual, partnership or company;
cd
in respect of proceedings which fall within paragraph 4 of Schedule 2, one or more experts;
.
2
In article 9(1)(d) before “more than” insert “in respect of proceedings which fall within paragraphs 1, 2 or 3 of Schedule 2,”.
9
In article 9(2) —
a
for “(c)” substitute “(cb)(i)”;
b
for “(d)” substitute “(cb)(ii)”; and
c
after “court” insert “at that hearing”.
10
For article 9(4) substitute —
4
In relation to functions F2, F3 and F5:
a
a special issue payment shall be made for each special issue certified;
b
such payment shall equate to the percentage applicable to each special issue multiplied by the total hearing unit fees applicable to the function in which the issue arises, as specified in Schedule 1.
.
11
In article 9(5) —
a
for “Subject to paragraph (8)” substitute “In relation to functions F1 and F4”; and
b
in sub-paragraph (a), omit “in relation to functions F1 and F4”.
12
Omit article 9(7) and (8).
13
In article 10 —
a
for “£150” substitute “£287.50”; and
b
for “£60” substitute “£115”.
14
In article 10A —
a
for “£206.25” substitute “£162.50”; and
b
for “£82.50” substitute “£65”.
15
After article 10A insert —
Payments for enforcement procedures and contested injunction hearings
10B
In respect of a set of proceedings within paragraph 4 of Schedule 2, which include work carried out under function F2 in connection with a hearing relating to:
a
injunctive relief which is contested, or
b
enforcement procedures,
an additional payment shall be made at a rate of £250 in respect of Queen’s Counsel, and £100 in respect of counsel other than Queen’s Counsel.
.
16
After article 12(1) insert —
1A
In paragraph (1), reference to the base fee or the hearing unit fee means the single fee applicable to the function in which the settlement takes place, and no account is to be taken of multiple base fees or hearing unit fees which may be claimed in relation to a set of proceedings.
.
17
For article 17(6) substitute —
6
Counsel shall submit his claim for payment —
a
in respect of function F5, within two months of the conclusion of the main hearing;
b
in respect of all other functions, within two months of the discharge or revocation of the certificate to which it relates,
and if he fails to do so, the Regional Director may reduce the amount payable under this Order.
6A
A reduction in the amount payable under paragraph (6) shall not be made unless counsel has been allowed a reasonable opportunity to show cause in writing why the amount should not be reduced.
.
18
For Schedule 1, substitute the new Schedule 1 set out in the Schedule to this Order.
Signed by authority of the Secretary of State
David Lammy
Parliamentary Under Secretary of State
Department for Constitutional Affairs
31st January 2005


text:
Citation and commencement
1
These Regulations may be cited as the Exchange Gains and Losses (Bringing into Account Gains or Losses) (Amendment) Regulations 2005 and come into force on 11th August 2005.
Amendment of the Exchange Gains and Losses (Bringing into Account Gains or Losses) Regulations 2005
2
Amend the Exchange Gains and Losses (Bringing into Account Gains or Losses) Regulations 2005 as follows.
3
1
Amend regulation 3 (prescribed circumstances in which regulation 4 applies) as follows.
2
In paragraph (1A)(b) —
a
after “relationship” insert “of the company”;
b
after “or” where it first occurs insert “an obligation under”.
3
After paragraph (4) insert —
5
In this regulation an obligation under a derivative contract is the obligation of the company to pay in exchange for one currency an amount in a second currency.
.
4
1
Amend regulation 7 (regulations 5 and 6-supplementary) as follows.
2
In paragraphs (4), (5)(a), (5A)(a), (5A)(a)(i), (5A)(b), (5A)(b)(i), (5A)(b)(iii) and (8) after “liability” in each place it occurs insert “or obligation”.
3
In Rules 1, 2 and 3 in paragraph (7) after “liabilities” in each place it occurs insert “or obligations”.
5
Omit regulation 14 (cases where there are no matching assets).
Gillian Merron
Vernon Coaker
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 2005