text:
Citation and commencement
1
These Regulations may be cited as the Water Supply Licence (New Customer Exception) Regulations 2005 and shall come into force on 1st December 2005.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Water Industry Act 1991;
“ the Authority ” means, until the coming fully into force of section 36(1) of the Water Act 2003 (transfer to the Authority and the Consumer Council for Water of functions, property etc ) the Director, and thereafter, the Water Services Regulation Authority; and
“subsidiary” has the meaning given by section 736 of the Companies Act 1985 .
2
For the purposes of these Regulations —
a
“business” includes any business of managing premises for the purposes of letting or licensing its several parts for use by other persons as separate units, and, where any such business is carried on by a person in relation to those premises, he shall be treated as occupying those premises for that purpose; and
b
for the purposes of whether activities constitute a business, it is immaterial whether or not they are carried on–
i
for gain or reward; or
ii
with one or more other persons.
3
For the purposes of these Regulations any two bodies corporate are interconnected if —
a
one of them is a body corporate of which the other is a subsidiary, or
b
both of them are subsidiaries of the same body corporate,
and in these Regulations “interconnected bodies corporate” shall be construed accordingly and “group of interconnected bodies corporate” means a group consisting of two or more bodies corporate all of whom are interconnected with each other.
New customer exception
3
1
Where a licensed water supplier who has entered into an undertaking with a person (A) to give a supply of water to any premises subsequently enters into an undertaking with another person (B) to give a supply of water to those premises, the licensed water supplier is not, for the purposes of section 17D(2) of the Act, to be treated as entering into an undertaking with a new customer to give a supply of water to those premises if —
a
in a case where A and B are interconnected bodies corporate, the condition in paragraph (2) is satisfied or the condition referred to in sub-paragraph (b) is satisfied; or
b
in any other case, the condition in paragraph (3) is satisfied.
2
The condition referred to in paragraph (1)(a) is that —
a
at the time the undertaking was entered into with A, the whole of the premises was occupied for the purposes of a business by a member of the group of interconnected bodies corporate of which A and B are members; and
b
at the time that the undertaking is entered into with B–
i
the whole of the premises is occupied for the purposes of a business by a member of the group of interconnected bodies corporate of which A and B are members;
ii
the business referred to in sub-paragraph (i) is the same as that which was being carried on immediately before the undertaking with A ceased to apply;
iii
the member referred to in sub paragraph (i) intends to carry on that business for at least the duration of the undertaking with B; and
iv
the volume of water estimated to be supplied to the premises annually pursuant to the undertaking with B is the same as, or more than, that which was supplied under the undertaking with A in the year ending when that undertaking ceased to apply.
3
The condition referred to in paragraph (1)(b) is that —
a
the whole of the premises is occupied by B, and immediately before B’s occupation was occupied by A, for the purposes of a business; and
b
at the time that the undertaking is entered into with B–
i
B’s business referred to in sub-paragraph (a) is the same as that which was being carried on by A immediately before A ceased to occupy the premises;
ii
B intends to carry on that business for at least the duration of that undertaking; and
iii
the volume of water estimated to be supplied to the premises annually pursuant to that undertaking is the same as, or more than, that which was supplied under the undertaking with A in the year ending when that undertaking ceased to apply.
Guidance issued by the Authority
4
Any guidance issued by the Authority with the approval of the Secretary of State under section 17D(3) of the Act shall apply to any estimate of the quantity of water to be supplied to any premises for the purposes of regulation 3 as it does to any estimate for the purposes of section 17D(2) of the Act.
Determinations by the Authority
5
1
The Authority may determine, in a case referred to it by a licensed water supplier or an actual or potential customer of a licensed water supplier, whether that licensed water supplier is, pursuant to regulation 3, not to be treated as entering into an undertaking with a new customer to give a supply of water to any premises.
2
Section 195(2)(bc) (the Authority’s register) of the Act shall have effect as if, at the end, there were inserted “or regulation 5(1) of the Water Supply Licence (New Customer Exception) Regulations 2005”.
3
Section 195A (reasons for decisions) of the Act shall apply to the making of a determination under paragraph (1) as it applies to the making of a determination under section 17E of the Act.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
2nd November 2005
Signed on behalf of the National Assembly for Wales,
D.Elis-Thomas
Presiding Officer
1st November 2005


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the European Forest Institute (Legal Capacities) Order 2005 and shall come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the Convention on the European Forest Institute enters into force in respect of the United Kingdom.
2
The European Forest Institute is an organisation of which the United Kingdom and other sovereign Powers are members.
3
The European Forest Institute shall have the legal capacities of a body corporate.
A.K.Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Categorisation of Earners) (Amendment) Regulations 2005 and shall come into force on 5th December 2005.
Amendment of the Social Security (Categorisation of Earners) Regulations 1978
2
The Social Security (Categorisation of Earners) Regulations 1978 are amended as follows.
3
1
Amend Schedule 1 as follows.
2
In Part 1, in paragraph 3, in the entry in column (A) after “spouse” insert “or civil partner” and for “spouse’s employment” substitute “employment of the spouse or civil partner”.
3
In Part 3, in paragraph 8, in the entry in column (A) after “spouse” insert “or civil partner” and for “spouse’s employment” substitute “employment of the spouse or civil partner”.
4
1
Amend Schedule 3 as follows.
2
In paragraph 3, in the entry in column (A) —
a
after “her spouse” insert “or civil partner”; and
b
for “the spouse’s employment” substitute “the employment of the spouse or civil partner”.
3
In paragraph 3, in the entry in column (B) after “spouse” insert “or civil partner”.
Vernon Coaker
Gillian Merron
Two of the Lords Commissioners of Her Majesty’s Treasury
10th November 2005
The Secretary of State concurs.
Signed by authority of the Secretary of State
Philip A Hunt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
8th November 2005


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Provision of Information) (Function Relating to Employment and Training) Regulations 2005 and shall come into force on 8th February 2005.
Prescribed function relating to employment and training
2
1
The function specified in paragraph (2) is prescribed for the purposes of paragraph 5 of Schedule 5 to the Tax Credits Act 2002 (provision of information by the Board of Inland Revenue for employment and training purposes).
2
The function specified in this paragraph is evaluation of, and research in relation to, the employment and training programmes administered —
a
in Great Britain, by the Department for Work and Pensions; or
b
in Northern Ireland, the Department for Employment and Learning.
Ann Chant
Helen Ghosh
Two of the Commissioners of Inland Revenue
17th January 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the University Hospital of North Staffordshire National Health Service Trust (Transfer of Trust Property) Order 2005 and shall come into force on 1 st April 2005.
2
In this Order —
“the old Trust” means the University Hospital of North Staffordshire National Health Service Trust;
“the new Trust” means the North Staffordshire Combined Healthcare National Health Service Trust; and
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 10 th February 2005 and on behalf of the new Trust on 16 th February 2005.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference to the trustees of the trust property or, as the case may be, the old Trust shall be construed as a reference to the trustees of the new Trust or, as the case may be, the new Trust.
Signed by authority of the Secretary of State for Health
Steven Ladyman
Parliamentary Under Secretary of State,
Department of Health
2nd March 2005


text:
1
1
This Order may be cited as the Export Control (Democratic Republic of Congo) Order 2005 and shall come into force on the 27 th June 2005.
2
In this Order —
“ the Regulation ” means Council Regulation ( EC ) No 889/2005 of 13 June 2005 ; and
“customs and excise Acts”, “assigned matter” and “prescribed sum” have the same meanings as in section 1 of the Customs and Excise Management Act 1979 .
2
The Democratic Republic of Congo (Financing and Financial Assistance and Technical Advice, Assistance and Training) (Penalties and Licences Regulations) 2004 are hereby revoked.
3
Any person who, except under the authority of a licence granted under this Order, infringes any of the following prohibitions in the Regulation:
a
Article 2(a), prohibiting the grant, sale, supply or transfer of technical assistance related to military activities, directly or indirectly to any person, entity or body in, or for use in, the Democratic Republic of Congo; or
b
Article 2(b), prohibiting financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of arms and related material, or for any grant, sale, supply, or transfer of related technical assistance and other services, directly or indirectly to any person, body or entity in, or for use in, the Democratic Republic of Congo; or
c
Article 2(c), prohibiting the participation, knowingly or intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to in Article 2(a) and (b),
shall be guilty of an offence and may be arrested.
4
Any person who is knowingly concerned in any of the transactions referred to in article 3 of this Order with intent to evade any prohibition in that article shall be guilty of an offence and may be arrested.
5
1
Authorisation for a transaction referred to in article 3 of this Order shall in the United Kingdom be by way of a licence in writing granted by the Secretary of State.
2
If, for the purpose of obtaining a licence, any person —
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular, or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
he shall be guilty of an offence; and any licence granted in connection with the application for which the false statement was made or the false document or information furnished shall be void as from the time it was granted.
3
Any person who, having acted under the authority of a licence granted under this Order, fails to comply with any of the requirements or conditions to which the licence is subject shall be guilty of an offence, unless —
a
the licence had been previously modified by the Secretary of State without that person’s consent, and
b
the alleged failure to comply would not have been a failure had the licence not been so modified.
6
1
A person guilty of an offence under article 3, or 5(2) or (3) of this Order shall be liable —
a
on summary conviction to a fine of the prescribed sum or to imprisonment for a term not exceeding 6 months, or to both; or
b
on conviction on indictment to a fine of any amount or to imprisonment for a term not exceeding 2 years, or to both.
2
A person guilty of an offence under article 4 of this Order shall be liable —
a
on summary conviction to a fine of the prescribed sum or to imprisonment for a term not exceeding 6 months, or to both;
b
on conviction on indictment to a fine of any amount or to imprisonment for a term not exceeding ten years, or to both.
7
1
Where the Commissioners of Revenue and Customs investigate or propose to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under this Order has been committed; or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter.
2
Section 138 of the Customs and Excise Management Act 1979 (provision as to arrest of persons) shall apply to the arrest of any person for any offences under article 3 or 4 as it applies to the arrest of any person for offences under the customs and excise Acts.
3
Sections 145 to 148 and 150 to 155 of the Customs and Excise Management Act 1979 (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under this Order and to proceedings for such offences as they apply in relation to offences and penalties and to proceedings for offences under the customs and excise Acts.
Malcolm Wicks
Minister of State for Energy,
Department of Trade and Industry
23rd June 2005


text:
Citation and Commencement
1
These Regulations may be cited as the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2005 and shall come into force on 22nd July 2005.
Amendments to the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004
2
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 shall be amended in accordance with the Schedule 1.
Amendments to the Order of Secretary of State ( No. 9) Relating to Compressed Acetylene Contained in a Porous Substance 1919
3
The Order of Secretary of State (No. 9) Relating to Compressed Acetylene Contained in a Porous Substance 1919 shall be amended in accordance with Schedule 2.
Amendments to the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002
4
The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 shall be amended in accordance with Schedule 3.
Amendments to the Health and Safety (Fees) Regulations 2005
5
The Health and Safety (Fees) Regulations 2005 shall be amended in accordance with Schedule 4.
Signed by authority of the Secretary of State
S .J. Ladyman
Minister of State
Department for Transport
27th June 2005


text:
Citation
1
This Order may be cited as the Finance Act 2004, Section 141 (Appointed Day) Order 2005.
Appointed day
2
The day appointed for the purposes of section 141 of the Finance Act 2004 (relief for research and development: software and consumable items) is 1st April 2004.
Nick Ainger
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
27th January 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No 2) Regulations 2005 and shall come into force —
a
for the purposes of regulations 2(8), (9) and (10) and 3(6), on 3rd April 2005;
b
for all other purposes, on 4th April 2005.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the State Pension Credit Regulations ” means the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 .
Amendment of the Council Tax Benefit Regulations
2
1
Subject to paragraph (2), the Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
2
The amendments made by paragraphs (6) and (11) are to the Council Tax Benefit Regulations as modified in their application to persons to whom regulation 12 of the State Pension Credit Regulations applies.
3
In regulation 2(2) (interpretation) the words “and regulation 4C of these Regulations” shall be omitted.
4
Regulation 4B (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) shall be omitted.
5
In regulation 4C for paragraphs (1) to (5) there shall be substituted —
1
Subject to paragraph (2), a person who is throughout any day referred to in section 131(3)(a) of the Contributions and Benefits Act 1992 absent from the dwelling referred to in that section, shall be a prescribed person for the purposes of section 131(3)(b) of that Act in relation to that day.
2
A person shall not, in relation to any day which falls within a period of temporary absence from that dwelling, be a prescribed person under paragraph (1).
3
In paragraph (2), a “period of temporary absence” means —
a
a period of absence not exceeding 13 weeks, beginning with the first whole day on which a person resides in residential accommodation where and for so long as —
i
the person resides in that accommodation,
ii
the part of the dwelling in which he usually resided is not let or sub-let, and
iii
that period of absence does not form part of a longer period of absence from the dwelling of more than 52 weeks,
where he has entered the accommodation for the purpose of ascertaining whether it suits his needs and with the intention of returning to the dwelling if it proves not to suit his needs;
b
a period of absence not exceeding 13 weeks, beginning with the first whole day of absence from the dwelling, where and for so long as —
i
the person intends to return to the dwelling,
ii
the part of the dwelling in which he usually resided is not let or sub-let, and
iii
that period is unlikely to exceed 13 weeks; and
c
a period of absence not exceeding 52 weeks, beginning with the first whole day of that absence, where and for so long as —
i
the person intends to return to the dwelling,
ii
the part of the dwelling in which he usually resided is not let or sub-let,
iii
the person is a person to whom paragraph (4) applies, and
iv
the period of absence is unlikely to exceed 52 weeks or, in exceptional circumstances, is unlikely substantially to exceed that period.
4
This paragraph applies to a person who is —
a
detained in custody on remand pending trial or required, as a condition of bail, to reside —
i
in a dwelling, other than the dwelling referred to in paragraph (1), or
ii
in premises approved under section 9 of the Criminal Justice and Court Services Act 2000 ,
or, detained in custody pending sentence upon conviction;
b
resident in a hospital or similar institution as a patient;
c
undergoing, or his partner or his dependent child is undergoing, in the United Kingdom or elsewhere, medical treatment, or medically approved convalescence, in accommodation other than residential accommodation;
d
following, in the United Kingdom or elsewhere, a training course;
e
undertaking medically approved care of a person residing in the United Kingdom or elsewhere;
f
undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment;
g
a person who is, in the United Kingdom or elsewhere, receiving medically approved care provided in accommodation other than residential accommodation;
h
a student;
i
a person who is receiving care provided in residential accommodation other than a person to whom paragraph (3)(a) applies; or
j
a person who has left the dwelling he resides in through fear of violence, in that dwelling, or by a person who was formerly a member of the family of the person first mentioned.
5
This paragraph applies to a person who is —
a
detained in custody pending sentence upon conviction or under a sentence imposed by a court (other than a person who is detained in hospital under the provisions of the Mental Health Act 1983 , or, in Scotland, under the provisions of the Mental Health (Scotland) Act 1984 or the Criminal Procedure (Scotland) Act 1995 ); and
b
on temporary release from such detention in accordance with Rules made under the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989 .
5A
Where paragraph (5) applies to a person, then, for any day when he is on temporary release —
a
if such temporary release was immediately preceded by a period of temporary absence under paragraph (3)(b) or (c), he shall be treated, for the purposes of paragraph (1), as if he continues to be absent from the dwelling, despite any return to the dwelling;
b
for the purposes of paragraph (4)(a), he shall be treated as if he remains in detention;
c
if he does not fall within sub-paragraph (a), he shall be a prescribed person for the purposes of section 131(3)(b).
.
6
In regulation 28 (notional income) —
a
in paragraph (1)(a), immediately before the words “the amount”, the words “subject to 28(1A),” shall be inserted;
b
after paragraph (1) the following paragraphs shall be inserted —
1A
Paragraph (1)(a) shall not apply to the following where entitlement has been deferred —
a
a Category A or Category B retirement pension payable under sections 43 to 55 of the Contributions and Benefits Act 1992;
b
a shared additional pension payable under section 55A of that Act ; or
c
graduated retirement benefit payable under sections 36 and 37 of the National Insurance Act 1965 .
1B
For the purposes of paragraph (1A), entitlement has been deferred —
a
in the case of a Category A or Category B pension, in the circumstances specified in section 55(3) of the Contributions and Benefits Act 1992 ;
b
in the case of a shared additional pension, in the circumstances specified in section 55C(3) of that Act; and
c
in the case of graduated retirement benefit, in the circumstances specified in section 36(4) and (4A) of the National Insurance Act 1965 .
.
7
Until 6th April 2005 the references in regulation 28(1B) (as inserted by paragraph (6)) to section 55(3) of the Social Security Contributions and Benefits Act 1992, section 55C(3) of that Act and section 36(4) and (4A) of the National Insurance Act 1965 shall have effect as if they were references to section 55(2) of the Social Security Contributions and Benefits Act 1992, section 55C(1) of that Act and section 36(4) and (7) of the National Insurance Act 1965 respectively.
8
In regulation 53ZB (extended payments (severe disablement allowance and incapacity benefit)) in paragraphs (1)(a)(i) and (6)(a)(i), for the words “housing benefit” there shall be substituted the words “council tax benefit”.
9
In regulation 59B(5A) (change of circumstances where state pension credit in payment) for the words “housing benefit” there shall be substituted the words “council tax benefit”.
10
In Schedule 1 (applicable amounts), paragraph 14A(2)(a) shall be omitted.
11
In Schedule 4A (amounts to be disregarded in the calculation of income other than earnings) after paragraph 23 there shall be added —
24
Except in the case of income from capital specified in Part II of Schedule 5ZA, any actual income from capital.
Amendment of the Housing Benefit Regulations
3
1
Subject to paragraph (2), the Housing Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
2
The amendments made by paragraphs (4) and (7) are to the Housing Benefit Regulations as modified in their application to persons to whom regulation 2 of the State Pension Credit Regulations applies.
3
In regulation 5 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) —
a
in paragraph (7A) , immediately after the word “person” first appears, the words “to whom neither regulation 5(5)(a) nor 5(8B)(c)(x) applies” shall be inserted;
b
for paragraph (8A) there shall be substituted —
8ZA
This paragraph applies to a person who is —
a
detained in custody pending sentence upon conviction or under a sentence imposed by a court (other than a person who is detained in hospital under the provisions of the Mental Health Act 1983, or, in Scotland, under the provisions of the Mental Health (Scotland) Act 1984 or the Criminal Procedure (Scotland) Act 1995); and
b
on temporary release from such detention in accordance with Rules made under the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989.
8ZB
Where paragraph 5(8ZA) applies to a person, then, for any day when he is on temporary release —
a
if such temporary release was immediately preceded by a period of temporary absence under paragraph (8) or (8B), he shall be treated as if he continues to be absent from the dwelling, despite any occupation of the dwelling;
b
for the purposes of paragraph (8B)(c)(i), he shall be treated as if he remains in detention; and
c
if he does not fall within sub-paragraph (a), he shall be treated as if he does not occupy his dwelling as his home despite any such occupation of the dwelling.
;
c
in paragraph (8B)(c)(viii) the words “or regulation 48A(1) ” shall be omitted;
d
in paragraph (8B)(c)(x) the words “or (7A)” shall be omitted.
4
In regulation 36 (notional income) —
a
in paragraph(1)(a), immediately before the words “the amount”, the words “subject to regulation 36(1A),” shall be inserted;
b
after paragraph (1) the following paragraphs shall be inserted —
1A
Paragraph (1)(a) shall not apply to the following where entitlement has been deferred —
a
a Category A or Category B retirement pension payable under sections 43 to 55 of the Contributions and Benefits Act;
b
a shared additional pension payable under section 55A of that Act; and
c
graduated retirement benefit payable under sections 36 or 37 of the National Insurance Act 1965.
1B
For the purposes of paragraph (1A), entitlement has been deferred —
a
in the case of a Category A or Category B pension, in the circumstances specified in section 55(3) of the Contributions and Benefits Act;
b
in the case of a shared additional pension, in the circumstances specified in section 55C(3) of that Act;
c
in the case of graduated retirement benefit, in the circumstances specified in section 36(4) and (4A) of the National Insurance Act 1965.
.
5
Until 6th April 2005 the references in regulation 36(1B) (as inserted by paragraph (4)) to section 55(3) of the Social Security Contributions and Benefits Act 1992, section 55C(3) of that Act and section 36(4) and (4A) of the National Insurance Act 1965 shall have effect as if they were references to section 55(2) of the Social Security Contributions and Benefits Act 1992, section 55C(1) of that Act and section 36(4) and (7) of the National Insurance Act 1965 respectively.
6
In Schedule 2 (applicable amounts) paragraph 13A(2)(a) shall be omitted.
7
In Schedule 4A (amounts to be disregarded in the calculation of income other than earnings) after paragraph 23 there shall be added —
24
Except in the case of income from capital specified in Part II of Schedule 5ZA, any actual income from capital.
Signed by the authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
8 March 2005


text:
Title, application and commencement
1
These Regulations may be cited as the Tryptophan in Food (England) Regulations 2005; they apply in relation to England only and come into force on 11th November 2005.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“appropriate medical certificate” means a certificate in writing given by a registered medical practitioner that a person requires food to which tryptophan has been added to treat a condition from which a registered medical practitioner has diagnosed him to be suffering;
“Directive 2001/15/EC ” means Commission Directive 2001/15/EC on substances that may be added for specific nutritional purposes in foods for particular nutritional uses, as amended by Commission Directive 2004/5/EC ;
“dose form” means a form such as capsules, pastilles, tablets, pills, and other similar forms, sachets of powder, ampoules of liquids, drop dispensing bottles, and other similar forms of liquids or powders designed to be taken in measured small unit quantities;
“follow–on formula” means a food intended for particular nutritional use by infants in good health who are aged over four months, and constituting the principal liquid element in a progressively diversified diet;
“food authority” does not include —
the council of a district in a non–metropolitan county except where the county functions have been transferred to that council pursuant to a structural change;
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“food supplement” means any food the purpose of which is to supplement the normal diet and which —
is a concentrated source of a vitamin or mineral or other substance with a nutritional or physiological effect, alone or in combination; and
is sold in dose form;
“hospital” includes a clinic, nursing home or similar institution;
“infant” means a child under the age of twelve months;
“infant formula” means a food intended for particular nutritional use by infants in good health during the first four to six months of life, and satisfying by itself the nutritional requirements of such infants;
“pharmacist” means a person lawfully conducting a retail pharmacy business within the meaning of section 69 of the Medicines Act 1968 ;
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;
“processed cereal–based food” and “baby food” have the same meaning as in the Processed Cereal–based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003 ;
“tryptophan” means dextrorotatory tryptophan, laevorotatory tryptophan or racemic tryptophan, or any salt or peptide prepared from any of those forms.
2
In these Regulations references to adding tryptophan to food —
a
do not include cases where food which contains only tryptophan occurring naturally in it is added to any other such food or to food which contains no tryptophan;
b
but otherwise include cases where food to which tryptophan has been added is added to any other food,
and references in regulations 4 and 5 to food containing tryptophan do not include cases where that tryptophan only occurs naturally in the food or an ingredient of the food.
Presumption
3
Where any requirements of these Regulations are contravened in respect of any food and that food is part of a batch, lot or consignment of food of the same class or description, it shall be presumed, until the contrary is proved, that all of the food in that batch, lot or consignment fails to comply with those requirements.
Prohibitions
4
Subject to regulation 5, no person shall —
a
add tryptophan to food;
b
sell, or offer for sale, food containing tryptophan; or
c
expose for sale food containing tryptophan.
Exceptions from prohibitions
5
1
Food containing tryptophan may be sold or offered for sale —
a
by a pharmacist; or
b
in the course of the activities of a hospital,
to a person in respect of whom there is an appropriate medical certificate or to someone acting on that person’s behalf, and —
i
any person may add tryptophan to food intended for sale in those circumstances; and
ii
any person may sell, or offer for sale, food containing tryptophan for the purposes of its being sold in those circumstances.
2
Regulation 4 shall not apply in respect of —
a
laevorotatory tryptophan added to any infant formula or follow–on formula;
b
laevorotatory tryptophan added to any processed cereal–based food or baby food; or
c
laevorotatory tryptophan, its sodium, potassium, calcium or magnesium salts or its hydrochloride, added in compliance with Directive 2001/15/EC to any food for a particular nutritional use referred to in the Annex to that Directive,
if that added substance complies with the purity criteria specified for that substance in the European Pharmacopoeia .
3
Regulation 4 shall not apply in respect of laevorotatory tryptophan added to any food supplement if —
a
the laevorotatory tryptophan complies with the purity criteria specified for that substance in the European Pharmacopoeia; and
b
the recommended daily dose for that food supplement does not exceed 220 mg.
Offences and penalty
6
1
Subject to paragraph (2), a person who contravenes regulation 4 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
A pharmacist or a person acting in the course of the activities of a hospital who contravenes regulation 4(b) by reason only that a document purporting to be the appropriate medical certificate is not genuine does not commit an offence if, having exercised all due diligence, he has reasonable cause to believe that the document was an appropriate medical certificate.
Enforcement
7
1
Subject to paragraph (2), each food authority shall enforce and execute these Regulations in its area.
2
Each port health authority shall enforce and execute these Regulations in its district in relation to imported food.
Application of various provisions of the Act
8
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or any Part of it shall be construed as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumptions that food intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence) as it applies for the purposes of section 14 or 15;
e
section 30(8) (which relates to documentary evidence);
f
section 33(1) (obstruction etc. of officers);
g
section 33(2) with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by paragraph (f) above;
h
section 35(1) (punishment of offences) in so far as it relates to offences under section 33(1) as applied by paragraph (f) above;
i
section 35(2) and (3) in so far as it relates to offences under section 33(2) as applied by paragraph (g) above;
j
section 36 (offences by bodies corporate);
k
section 36A (offences by Scottish partnerships) ; and
l
section 44 (protection of officers acting in good faith).
Condemnation of food
9
Where any food is certified by a food analyst as being food which it is an offence under these Regulations to sell, that food may be treated for the purposes of section 9 of the Act (under which food may be seized and destroyed on the order of a justice of the peace) as failing to comply with food safety requirements.
Revocations
10
1
The Tryptophan in Food Regulations 1990 are revoked in relation to England.
2
Regulation 10 of the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2002 and regulation 14 of the Processed Cereal–based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003 are revoked.
Signed by authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State,
Department of Health
21st September 2005


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Radio Frequency Identification Equipment) (Exemption) Regulations 2005 and shall come into force on 31st January 2006.
Interpretation
2
In these Regulations —
a
“beam-width” means the smallest angle between points in the radiation pattern emitting from the equipment’s antenna where at such points emissions from the antenna are half the power of the peak radiation;
b
“ dBm ” means decibel milliWatt;
c
“equipment” means a station for wireless telegraphy or apparatus for wireless telegraphy;
d
“ erp ” means effective radiated power;
e
“interrogator” means equipment which is capable of initiating communication with other equipment;
f
“ kHz ” means kilohertz;
g
“ MHz ” means megahertz; and
h
“ mW ” means milliWatt.
Exemption
3
The establishment or installation of equipment complying with the terms, provisions and limitations in regulation 4 and the use of such equipment so established or installed is hereby exempt from the provisions of section 1(1) of the Wireless Telegraphy Act 1949.
Terms, provisions and limitations
4
1
The exemption provided for in regulation 3 shall be limited to equipment which —
a
operates in the frequency band between 865 MHz and 868 MHz;
b
operates using one or more of the frequency channels which have a centre frequency specified in the Schedule and which have a bandwidth no greater than 200 kHz;
c
does not cause or contribute to any undue interference to any wireless telegraphy; and
d
emits transmissions which —
i
at frequencies between 865 MHz and 865.6 MHz have an erp no greater than 100 mW;
ii
at frequencies between 865.6 MHz and 867.6 MHz have an erp no greater than 2 Watts; and
iii
at frequencies between 867.6 MHz and 868 MHz have an erp no greater than 500 mW.
2
Where equipment is an interrogator, the exemption provided for in regulation 3 shall, additionally, be limited to equipment which —
a
transmits with a beam-width which —
i
at an erp less than or equal to 500 mW is less than or equal to ninety degrees; and
ii
at an erp greater than 500 mW is less than or equal to seventy degrees;
b
only begins transmitting in any channel —
i
at an erp greater than 500mW, if the signal level at the receiver of the interrogator from other equipment operating within that channel is less than or equal to –96 dBm for a period of not less than five milliseconds immediately prior to transmission;
ii
at an erp greater than 100mW, but less than or equal to 500mW, if the signal level at the receiver of the interrogator from other equipment operating within that channel is less than or equal to –90 dBm for a period of not less than five milliseconds immediately prior to transmission; and
iii
at an erp less than or equal to 100mW, if the signal level at the receiver of the interrogator from other equipment operating within that channel is less than or equal to –83 dBm for a period of not less than five milliseconds immediately prior to transmission;
c
operates so that the duration of each transmission is no longer than four seconds; and
d
operates with an interval between each transmission on the same frequency channel of not less than 100 milliseconds.
David Currie
Chairman of the Office of Communications For and by authority of the Office of Communications
16th December 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as The Residential Property Tribunal (Right to Buy Determinations) Procedure (England) Regulations 2005.
2
These Regulations shall come into force on 4th July 2005.
3
These Regulations apply to proceedings of a residential property tribunal to determine applications made under paragraph 11(4) of Schedule 5 of the Housing Act 1985 on or after 4th July 2005 in relation to dwelling-houses in England .
Interpretation
2
In these Regulations —
“ the Act ” means the Housing Act 1985;
“application” means an application under paragraph 11(4) of Schedule 5 to the Act;
“case management conference” means a pre-trial review or any other meeting held by a tribunal for the purpose of managing the proceedings in respect of an application;
“landlord” means the landlord of the property;
“participant” means a party or witness or other person taking part in proceedings relating to an application or to whom an order of the tribunal is addressed;
“the property” means the dwelling-house which is the subject of the application;
“tribunal” means a residential property tribunal, and “the tribunal” in relation to an application means the tribunal by which the application is to be determined.
The overriding objective
3
1
When a tribunal —
a
exercises any power under these Regulations; or
b
interprets any regulation,
it shall seek to give effect to the overriding objective of dealing fairly and justly with applications which it is to determine.
2
Dealing with an application fairly and justly includes —
a
dealing with it in ways which are proportionate to the complexity of the issues and to the resources of the parties;
b
ensuring, so far as practicable, that the parties are on an equal footing procedurally and are able to participate fully in the proceedings;
c
assisting any party in the presentation of his case without advocating the course he should take;
d
using the tribunal’s special expertise effectively; and
e
avoiding delay, so far as is compatible with proper consideration of the issues.
Particulars of application
4
1
An application shall be in writing and shall contain the following particulars —
a
the name and address of the applicant;
b
the name and address of the landlord;
c
the address of the property if different from the applicant’s address;
d
a statement of reasons for disputing the landlord’s decision that paragraph 11 of Schedule 5 to the Act applies to the property.
2
Any of the requirements in paragraph (1) may be dispensed with or relaxed if the tribunal is satisfied that —
a
the particulars and documents included with an application are sufficient to enable the application to be determined; and
b
no prejudice will, or is likely to, be caused to any party to the application.
3
A single qualified member of the panel may exercise the power conferred by paragraph (2).
Acknowledgement of application by tribunal
5
1
Where an application has been made before the end of the period mentioned in paragraph 11(4) of Schedule 5 to the Act , the tribunal shall, as soon as practicable after receiving it, send —
a
an acknowledgement of receipt to the applicant;
b
a copy of the application and of each document accompanying it to the landlord; and
c
a notice to the landlord specifying the date by which the reply mentioned in regulation 6 shall be sent.
2
The date specified in paragraph (1)(c) shall not be less than 14 days after the date the notice was sent.
Reply by landlord
6
1
A landlord who receives the copy documents mentioned in regulation 5(1)(b) shall by the date specified in the notice mentioned in regulation 5(1)(c) send to the tribunal a written reply acknowledging receipt of the copies and stating —
a
whether or not the landlord intends to oppose the application; and
b
the address to which documents should be sent for the purposes of the application.
2
Subject to paragraph (3) where a landlord fails to reply in accordance with paragraph (1) the tribunal may determine the application on the basis of the information available to it at the time of making the determination.
3
Before proceeding to a determination in accordance with paragraph (2) the tribunal shall give to the landlord not less than 14 days' notice that a determination may be so made.
4
Where a reply in accordance with paragraph (1) is received from the landlord after the date specified in the notice mentioned in regulation 5(1)(c) but before a determination has been made, the tribunal shall take into account the information provided by the landlord.
Distribution of documents by tribunal
7
Before determining an application, a tribunal shall take all reasonable steps to ensure that each of the parties is given —
a
a copy of any document relevant to the proceedings (or sufficient extracts from or particulars of the document) which has been received from any other party (other than a document already in his possession or one of which he has previously been supplied with a copy); and
b
a copy of any document which embodies the results of any relevant enquiries made by or for the tribunal for the purposes of the proceedings.
Determination without a hearing
8
1
Subject to paragraph (2) a tribunal may determine an application without an oral hearing if it has given the parties not less than 28 days' notice in writing of its intention to proceed without an oral hearing.
2
At any time before the application is determined —
a
the applicant or the landlord may request an oral hearing; or
b
the tribunal may give notice to the parties that it intends to hold an oral hearing.
3
Where a request is made or a notice given under paragraph (2) the tribunal shall give notice of a hearing in accordance with regulation 15.
4
A single qualified member of the panel may —
a
determine an application without an oral hearing;
b
decide whether an oral hearing is appropriate to determine an application.
Directions
9
1
A party may request a tribunal to give directions by order under its general power in section 230(2) of the Housing Act 2004.
2
Any such request may be made —
a
orally at a case management conference or hearing;
b
in writing; or
c
by such other means as the tribunal may permit.
3
The party making the request shall specify the directions which are sought and the reasons for seeking them.
4
Before giving a direction addressed to a participant the tribunal shall take reasonable steps to give that participant an opportunity of objecting to, or making representations about, the direction.
5
Where a participant to whom a direction is addressed was given no such opportunity, he may apply to the tribunal to vary it or set it aside.
6
A single qualified member of the panel may give a direction as to any matter which is —
a
preliminary to an oral hearing; or
b
preliminary or incidental to a determination which is to be made by such a member without an oral hearing.
Supply of information and documents
10
1
Subject to paragraph (5), a tribunal may make an order requiring a party to supply to the tribunal any information or document specified, or of a description specified, in the order which it is in the power of that party to supply.
2
A tribunal may make an order requiring a party to supply to another party copies of any documents supplied to the tribunal under paragraph (1).
3
A party shall supply such information, documents or copies by such time as may be specified in, or determined in accordance with, an order made under paragraph (1) or (2).
4
Subject to paragraph (5) a tribunal may make an order requiring any person to attend an oral hearing to give evidence and produce any documents specified, or of a description specified, in the order which it is in the power of that person to produce.
5
Paragraphs (1) and (4) do not apply in relation to any document which a person could not be compelled to produce on the trial of an action in a court of law in England.
6
A single qualified member of the panel may make an order under paragraph (1), (2) or (4) which is —
a
preliminary to an oral hearing; or
b
preliminary or incidental to a determination which is to be made by such a member without an oral hearing.
Failure to comply with an order to supply information and documents
11
1
Where a party has failed to comply with an order made under regulation 10(1), (2) or (4) the tribunal may make an order dismissing or allowing the whole or part of the application.
2
Where an application is to be determined by a single qualified member of the panel an order under paragraph (1) may be made by such a member.
Inspection of property and neighbourhood
12
1
Subject to paragraph (3) a tribunal may inspect —
a
the property;
b
the approach to and neighbourhood of the property;
c
local transport and shopping facilities.
2
Subject to paragraph (3) —
a
the tribunal shall give the parties an opportunity to attend an inspection; and
b
a member of the Council on Tribunals who is acting in that capacity may attend any inspection.
3
The making of and attendance at an inspection is subject to any necessary consent being obtained.
4
Subject to paragraph (5), where an inspection is to be made —
a
the tribunal shall give notice to the parties of the date, time and place of the inspection; and
b
such notice shall be given not less than 14 days before that date.
5
Any of the requirements for notice in paragraph (4) may be dispensed with or relaxed with the consent of the parties, or if the tribunal is satisfied that the parties have received sufficient notice.
6
Where an application is to be determined by a single qualified member of the panel, the functions of the tribunal under this regulation may be exercised by that member.
Case management conference
13
1
A tribunal may hold a case management conference.
2
The tribunal shall give the parties not less than 14 days' notice, or a shorter notice period if the parties agree, of the date, time and place of the case management conference.
3
At the case management conference the tribunal may order the parties to take such steps or do such things as appear to it to be necessary or desirable for securing the just, expeditious and economical determination of the application.
4
The tribunal may postpone or adjourn a case management conference.
5
A party may be represented at a case management conference.
6
The functions of the tribunal under this regulation may be exercised by a single qualified member of the panel.
Other case management powers
14
1
Except where these Regulations provide otherwise a tribunal may —
a
extend the time appointed by or under these Regulations for doing any act even if the time appointed has expired if —
i
it would not be reasonable to expect the participant in question to comply or have complied within that time; or
ii
not to extend the time would result in substantial injustice;
b
permit the use of telephone, video link, or any other method of communication —
i
to make representations to the tribunal;
ii
for the purposes of a case management conference or hearing;.
c
require any participant giving written evidence to include with that evidence a signed statement that he believes the facts stated in the evidence are true;
d
take any other step or make any other decision which the tribunal considers necessary or desirable for the purpose of managing the case.
2
A tribunal may exercise its powers under these Regulations in response to a request to do so or on its own initiative.
3
Where a tribunal proposes to exercise a power on its own initiative it shall give any person likely to be affected an opportunity to make representations by such date and time and in such manner as the tribunal may specify.
4
A single qualified member of the panel may exercise the powers under this regulation as to any matter which is —
a
preliminary to an oral hearing; or
b
preliminary or incidental to a determination which is to be made by such a member without an oral hearing.
Notice of hearing
15
1
A hearing shall be on the date and at the time and place appointed by the tribunal.
2
The tribunal shall give notice to the parties of the appointed date, time and place of the hearing.
3
Subject to paragraph (4) notice under paragraph (2) shall be given not less than 21 days (or such shorter period as the parties may agree) before the appointed date.
4
In exceptional circumstances the tribunal may, without the agreement of the parties, give less than 21 days' notice of the appointed date, time and place of the hearing; but any such notice must be given as soon as practicable before the appointed date and the notice must specify what the exceptional circumstances are.
Postponement of hearing
16
1
Subject to paragraph (3) a tribunal may postpone an oral hearing.
2
The tribunal shall give reasonable notice of any postponed hearing to the parties.
3
Where postponement has been requested by a party the tribunal shall not postpone the hearing except where it considers it is reasonable to do so having regard to —
a
the grounds for the request;
b
the time at which the request is made; and
c
the convenience of the parties.
4
A single qualified member of the panel may exercise the tribunal’s powers in this regulation.
Hearing
17
1
At a hearing —
a
the tribunal shall determine the procedure (subject to these regulations);
b
any person appearing before the tribunal may do so either in person or by his representative;
c
the parties shall be entitled to give evidence, to call witnesses, to question any witnesses, and to address the tribunal both on the evidence and generally on the subject matter of the application;
d
the tribunal may receive evidence of any fact which seems to it to be relevant, even if the evidence would be inadmissible in proceedings before a court of law, and must not refuse to admit any evidence presented in due time which is admissible at law and is relevant and necessary and has not been improperly obtained; and
e
the tribunal may limit the questioning of any witness.
2
At any hearing the tribunal may, if it is satisfied that it is just and reasonable to do so, permit a party to rely on reasons not previously stated, and to adduce any evidence not available at the time the landlord took the disputed decision.
3
A tribunal may require any witness to give evidence on oath and for that purpose may administer an oath.
4
A tribunal may adjourn a hearing but if this is done at the request of a party it must be satisfied it is reasonable to do so having regard to —
a
the grounds for the request;
b
the time at which the request is made; and
c
the convenience of the parties.
Hearing in public or private
18
1
A hearing shall be in public except —
a
where the tribunal is satisfied that in the circumstances of the case and subject to the overriding objective the hearing should be held in private; or
b
where a party has requested in writing that the hearing be in private and the Tribunal is satisfied that there is no important public interest consideration that calls for the public to be present.
2
The tribunal may decide under paragraph (1) that part only of the hearing shall be in private or that information about the proceedings before the tribunal, the names and identifying characteristics of persons concerned in the proceedings or specified evidence given in the proceedings shall not be made public.
Failure of a party to appear at a hearing
19
Where a party fails to appear at a hearing the tribunal may proceed with the hearing if it is satisfied that —
a
notice has been given to that party in accordance with these Regulations; and
b
there is no good reason for the failure to appear.
Decisions of the Tribunal
20
1
This regulation applies to a decision on the determination of an application by —
a
a tribunal; or
b
a single qualified member of the panel.
2
If a hearing was held, the decision may be given orally at the end of the hearing.
3
A decision shall, in every case, be recorded in a document as soon as practicable after the decision has been made.
4
A decision given or recorded in accordance with paragraphs (2) or (3) need not record the reasons for the decision.
5
Where the document mentioned in paragraph (3) does not record the reasons for the decision, they shall be recorded in a separate document as soon as practicable after the decision has been recorded.
6
A document recording a decision or the reasons for a decision (“a decision document”), shall be signed and dated by an appropriate person.
7
An appropriate person may, by means of a certificate signed and dated by him, correct any clerical mistakes in a decision document or any errors arising in it from an accidental slip or omission.
8
In this regulation “appropriate person” means —
a
where an application was determined by a single qualified member of the panel —
i
that member; or
ii
in the event of his absence or incapacity, another member of the panel who was appointed by the Lord Chancellor;
b
in any other case —
i
the Chair of the tribunal; or
ii
in the event of his absence or incapacity, another member of the tribunal.
9
A copy of any decision document, and a copy of any correction certified under paragraph (7) shall be sent to each party.
Costs
21
1
A tribunal shall not make a determination under paragraph 12 of Schedule 13 to the Housing Act 2004 (“a costs determination”) in respect of a party without first giving that party an opportunity of making representations to the tribunal.
2
Where an application is determined by a single qualified member of the panel he may make a costs determination in respect of a party to the proceedings on the application.
Assistance to participants
22
1
If a participant is unable to read or speak or understand the English language, the tribunal shall make arrangements for him to be provided, free of charge, with the necessary translations and assistance of an interpreter to enable his effective participation in the proceedings.
2
If a participant is without hearing or speech, the tribunal shall make arrangements for him to be provided, free of charge, with the services of a sign language interpreter, lip speaker, or palantypist, to enable his effective participation in the proceedings.
3
A participant shall be entitled to assistance under this regulation whether or not he is represented.
4
A participant who requires assistance under this regulation shall at the earliest opportunity notify the requirement to the tribunal.
Notice and documents
23
1
Any document or notice required or authorised by these Regulations to be given or sent to any person shall be duly given or sent to that person —
a
if it is sent to his proper address by first class post or by special delivery, or by recorded delivery;
b
if it is sent by any other means to his proper address;
c
subject to paragraph (2), if with his written consent it is sent to him —
i
by fax, email or other electronic communication which produces a text received in legible form;
ii
by a private document delivery service.
2
For the purposes of paragraph (1)(c) a legal representative of a participant shall be deemed to have given written consent if the reference or address for the means of fax or electronic communication or private document delivery system is shown on the legal representative’s notepaper.
3
A person’s proper address for the purposes of paragraph (1) is —
a
in the case of a tribunal, the address of the office of the tribunal;
b
in the case of an incorporated company or other body registered in the United Kingdom, the address of the registered or principal office of the company or body;
c
in the case of any other person the usual or last known address of that person.
Time
24
Where the time specified by these Regulations for doing any act expires on a Saturday or Sunday or public holiday, it shall be treated as expiring on the next following day which is not a Saturday or Sunday or public holiday.
Frivolous and vexatious applications
25
1
Subject to paragraph (2), where it appears to a tribunal that an application is frivolous or vexatious or otherwise an abuse of process, the tribunal may dismiss the application in whole or in part.
2
Before dismissing an application under paragraph (1) the tribunal shall give notice to the applicant in accordance with paragraph (3).
3
Any notice under paragraph (2) shall state —
a
that the tribunal is minded to dismiss the application;
b
the grounds on which it is minded to dismiss the application;
c
the date (being not less than 21 days after the date that the notice was sent) before which the applicant may request to appear before and be heard by the tribunal on the question whether the application should be dismissed.
4
An application may not be dismissed under paragraph (1) unless —
a
the applicant makes no request to the tribunal before the date mentioned in paragraph (3)(c) or
b
where the applicant makes such a request, the tribunal has heard the applicant and the landlord, or such of them as attend the hearing, on the question of the dismissal of the application.
Persons entitled to be present at a hearing held in private
26
1
Subject to paragraphs (2) and (3) the following persons shall be entitled to attend a hearing held in private and to be present at the tribunal’s deliberations with respect to the determination of the application —
a
a president or chair or other panel member not forming part of the tribunal for the purpose of the hearing;
b
a member of the Council on Tribunals who is acting in that capacity;
c
the staff of the Tribunal Service;
d
any other person permitted by the tribunal with the consent of the parties.
2
None of the persons specified in paragraph (1) may take any part in the hearing or such deliberations.
3
The tribunal may admit persons to a hearing held in private on such terms and conditions as it considers appropriate.
Irregularities
27
Any irregularity resulting from failure by a party to comply with any provision of these Regulations or of any direction of the tribunal before the tribunal has reached its decision shall not of itself render the proceedings void.
Signature of documents
28
Where these Regulations require a document to be signed, that requirement shall be satisfied —
a
if the signature is either written or produced by computer or other mechanical means; and
b
the name of the signatory appears beneath the signature in such a way that he may be identified.
Signed by authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State Office of the Deputy Prime Minister
6th June 2005


text:
Citation and commencement
1
This Order may be cited as the Immigration (Leave to Enter and Remain) (Amendment) Order 2005 and shall come into force on the day after the day on which it is made.
Amendment of the Immigration (Leave to Enter and Remain) Order 2000
2
The Immigration (Leave to Enter and Remain) Order 2000 shall be amended as follows.
3
In article 1(3), after the definition of “the Act”, there shall be inserted the following definition:
“ADS Agreement with China” means the Memorandum of Understanding on visa and related issues concerning tourist groups from the People’s Republic of China to the United Kingdom as an approved destination, signed on 21st January 2005;
.
4
1
Article 4 shall be amended as follows.
2
In paragraph (1), after the words “visit visa”, there shall be inserted the words “(other than a visit visa granted pursuant to the ADS Agreement with China) unless endorsed with a statement that it is to have effect as a single-entry visa”.
3
After paragraph (2) there shall be inserted the following paragraphs:
2A
A visit visa granted pursuant to the ADS Agreement with China endorsed with a statement that it is to have effect as a dual-entry visa, shall have effect as leave to enter the United Kingdom on two occasions during its period of validity, in accordance with paragraph (2B).
2B
On arrival in the United Kingdom on each occasion, the holder shall be treated for the purposes of the Immigration Acts as having been granted, before arrival, leave to enter the United Kingdom for a limited period, being the period beginning on the date on which the holder arrives in the United Kingdom and ending on the date of expiry of the entry clearance.
.
4
In paragraph (3), for the words “any other form of entry clearance” there shall be substituted the words “any form of entry clearance to which this paragraph applies”.
5
After paragraph (3) there shall be inserted the following paragraph:
3A
Paragraph (3) applies to –
a
a visit visa (other than a visit visa granted pursuant to the ADS Agreement with China) endorsed with a statement that it is to have effect as a single entry visa;
b
a visit visa granted pursuant to the ADS Agreement with China unless endorsed with a statement to the effect that it is to have effect as a dual entry visa; and
c
any other form of entry clearance.
.
Des Browne
Minister of State
Home Office
31st March 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Civil Partnership) (Miscellaneous Amendments) Regulations 2005 and shall come into force on 5th December 2005.
2
This regulation and regulations 2 to 5 apply to England, Wales and Scotland.
3
This regulation and regulations 6 and 7 apply to Northern Ireland.
Amendment of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996
2
In head (ia) of regulation 12(4)(b) of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 (death of member before effect given to his protected rights) for “widow or widower” substitute “widow, widower or surviving civil partner”.
Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997
3
In paragraphs (6), (7) and (8) of regulation 12 of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997 (circumstances in which minimum contributions are not to be paid) for “or was not a civil partner at the time of his or her death” in each place where those words occur substitute “and was not a civil partner at the time of his or her death”.
Amendment of the Occupational Pension Schemes (Discharge of Liability) Regulations 1997
4
Amend the Occupational Pension Schemes (Discharge of Liability) Regulations 1997 as follows —
a
in head (ii) of regulation 5(1)(c) (other requirements applying to policies of insurance and annuity contracts) —
i
for “widow or widower” in both places where those words occur substitute “widow, widower or surviving civil partner”;
ii
for “widow’s or widower's” substitute “widow's, widower’s or surviving civil partner's”;
b
in sub-paragraph (c) of regulation 11(3) (conditions on which liability to provide pensions under a relevant scheme may be discharged) for “widow or widower” substitute “widow, widower or surviving civil partner”.
Amendment of the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations 1998
5
Amend the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations 1998 as follows —
a
in regulation 1(2) (interpretation) —
i
in the definition of “earner” before “and” insert —
in the case of a surviving civil partner member, the deceased civil partner from whose employment that member’s rights under the scheme are derived;
;
ii
insert in the appropriate alphabetical place —
“surviving civil partner member” means a person who has a right to the payment of a surviving civil partner’s pension under the scheme;
;
b
in regulation 3 (method of calculation where no election to pay a contributions equivalent premium may be made) —
i
after “surviving spouse member” in each place where those words occur, except in paragraph (1)(f), insert “or surviving civil partner member”;
ii
after paragraph (1)(f) add —
g
in the case of a woman who is a surviving civil partner member —
X × Factor O × 52 × market level indicator
plus
( z 1 + z 2 ) × Factor Q × 52 × market level indicator ;
;
c
in regulation 4 (Market Level Indicator) after “surviving spouse member” in each place where those words occur insert “or surviving civil partner member”;
d
in Tables 1 to 5 of Schedule 1 after “SURVIVING SPOUSE MEMBERS” in each place where those words occur insert “and SURVIVING CIVIL PARTNER MEMBERS”;
e
in Table 6 of Schedule 1 —
i
after “SURVIVING SPOUSE MEMBERS” insert “and SURVIVING CIVIL PARTNER MEMBERS”;
ii
after “Widowers” insert “and Male Surviving Civil Partners”;
iii
after “Widows” insert “and Female Surviving Civil Partners”.
Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 1997
6
In paragraphs (6), (7) and (8) of regulation 12 of the Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 1997 (circumstances in which minimum contributions are not to be paid) for “or was not a civil partner at the time of his or her death” in each place where those words occur substitute “and was not a civil partner at the time of his or her death”.
Amendment of the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations (Northern Ireland) 1998
7
Amend the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations (Northern Ireland) 1998 as follows —
a
in regulation 1(2) (interpretation) —
i
in the definition of “earner” before “and” insert —
in the case of a surviving civil partner member, the deceased civil partner from whose employment that member’s rights under the scheme are derived;
;
ii
after the definition of “scheme” insert —
“surviving civil partner member” means a person who has a right to the payment of a surviving civil partner’s pension under the scheme;
;
b
in regulation 3 (method of calculation where no election to pay a contributions equivalent premium may be made) —
i
after “surviving spouse member” in each place where those words occur, except in paragraph (1)(f), insert “or surviving civil partner member”;
ii
after paragraph (1)(f) add —
g
in the case of a woman who is a surviving civil partner member —
X × Factor O × 52 × market level indicator
plus
( z 1 + z 2 ) × Factor Q × 52 × market level indicator ;
;
c
in regulation 4 (Market Level Indicator) after “surviving spouse member” in each place where those words occur insert “or surviving civil partner member”;
d
in Tables 1 to 5 of Schedule 1 after “SURVIVING SPOUSE MEMBERS” in each place where those words occur insert “and SURVIVING CIVIL PARTNER MEMBERS”;
e
in Table 6 of Schedule 1 —
i
after “SURVIVING SPOUSE MEMBERS” insert “and SURVIVING CIVIL PARTNER MEMBERS”;
ii
after “Widowers” insert “and Male Surviving Civil Partners”;
iii
after “Widows” insert “and Female Surviving Civil Partners”.
Signed by authority of the Secretary of State for Work and Pensions.
Philip A Hunt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
11th November 2005


text:
PART 1
Preliminary
Title, application and commencement
1
These Regulations may be cited as the Materials and Articles in Contact with Food (England) Regulations 2005, apply in relation to England only and come into force on 29th April 2005.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“ Directive 93/10/EEC ” means Commission Directive 93/10/ EEC relating to materials and articles made of regenerated cellulose film intended to come into contact with food ;
“import” means import in the course of a business from a place other than a Member State;
“plastics” means those materials and articles to which Commission Directive 2002/72/EC relating to plastic materials intended to come into contact with foodstuffs applies ;
“preparation” in relation to food includes manufacture and any form of treatment or process;
“regenerated cellulose film” means a thin sheet material obtained from refined cellulose derived from unrecycled wood or cotton, with or without the addition of suitable substances, either in the mass or on one or both surfaces, but does not include synthetic casings of regenerated cellulose;
“the 1998 Regulations ” means the Plastic Materials and Articles in Contact with Food Regulations 1998 ;
“ Regulation 1935/2004 ” means Regulation (EC) No. 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC ;
“sell” includes offer or expose for sale or have in possession for sale, and “sale” and “sold” shall be construed accordingly.
2
Any reference in these Regulations to a numbered Article is a reference to the Article bearing that number in Regulation 1935/2004.
3
Expressions used in these Regulations and in Regulation 1935/2004 have the same meaning in these Regulations as in that Regulation.
Scope
3
The provisions of these Regulations do not apply to those materials and articles specified in sub-paragraphs (a), (b) and (c) of Article 1(3).
PART 2
General Requirements for Materials and Articles
Enforcement of Regulation 1935/2004
4
Subject to the provisions of Article 27 (transitional arrangements), any person who contravenes any of the following provisions of Regulation 1935/2004 is guilty of an offence —
a
Article 3 (general requirements);
b
Article 4 (special requirements for active and intelligent materials and articles);
c
Article 11(4) and (5) (provisions relating to Community authorisation);
d
Article 15(1), (2), (3), (4), (7) and (8) (labelling);
e
Article 16(1) (declaration of compliance);
f
on or after 27th October 2006, Article 17(2) (traceability).
Competent authorities for the purposes of Regulation 1935/2004
5
The following bodies are designated as the competent authorities for the purposes of the provisions of Regulation 1935/2004 as specified below —
a
in respect of Articles 9 and 13, the Agency;
b
in respect of Articles 16(1) and 17(2), the Agency and the authority having responsibility for enforcement pursuant to regulation 12(1).
PART 3
Requirements for Vinyl Chloride
Limits and migration limits
6
1
Materials and articles which are manufactured with vinyl chloride polymers or copolymers —
a
must not contain vinyl chloride monomer in a quantity exceeding 1 milligram per kilogram of the material or article as measured by the method of analysis specified in regulation 7(1); and
b
must be manufactured in such a way that they do not transfer to foods with which they are in contact any quantity of vinyl chloride exceeding 0.01 milligrams of vinyl chloride per kilogram of food as measured by the method of analysis specified in regulation 7(2).
2
No person may —
a
sell;
b
import; or
c
use in the course of a business in connection with the storage, preparation, packaging, selling or serving of food,
any such material or article that does not comply with this regulation.
Methods of Analysis
7
1
The method used in analysing any sample for the purpose of establishing the quantity of vinyl chloride monomer present in the material or article in order to determine whether it complies with regulation 6(1)(a) shall be the method specified in the Annex to Commission Directive No. 80/766/EEC (which lays down the Community method of analysis for the official control of the vinyl chloride monomer level in materials and articles which are intended to come into contact with foodstuffs) .
2
The method used in analysing any food for the purpose of establishing the quantity of vinyl chloride present in the food in order to determine whether a material or article which is or has been in contact with the food complies with regulation 6(1)(b) shall be the method specified in the Annex to Commission Directive No. 81/432/EEC (which lays down the Community method of analysis for the official control of vinyl chloride released by material and articles into foodstuffs) .
PART 4
Requirements for Regenerated Cellulose Film
Controls and limits
8
1
This Part applies to regenerated cellulose film which —
a
constitutes a finished product in itself; or
b
is part of a finished product containing other materials,
and is intended to come into contact with food, or by being used for that purpose does come into contact with food.
2
Any reference in this regulation to Annex II is a reference to Annex II to Directive 93/10/EEC.
3
Subject to paragraph (5), no person may manufacture any regenerated cellulose film intended to come into contact with food using any substance or group of substances other than the substances named or described —
a
in the first column (denominations) of Annex II in the case of —
i
uncoated film; or
ii
coated film where the coating is derived from cellulose;
b
in the first column of the First Part of Annex II in the case of film to be coated, where the coating will consist of plastics;
and other than in accordance with the conditions and restrictions specified in the corresponding entry in the second column of the appropriate Part of Annex II, as read with the preamble to that Annex.
4
No person may manufacture any coating to be applied to film referred to in paragraph (3)(b) using any substance or group of substances other than the substances listed in Schedules 1, 2 or 2A to the 1998 Regulations and other than in accordance with the appropriate requirements, restrictions and specifications contained in those Regulations and in the Schedules thereto.
5
Substances other than those listed in Annex II may be used as colourants or adhesives in the manufacture of a film to which paragraph (3)(a) applies, provided that such film is manufactured in such a way that it does not transfer any colourant or adhesive to food in any detectable quantity.
6
Subject to regulation 10 no person may —
a
sell;
b
import; or
c
use in the course of a business in connection with the storage, preparation, packaging, selling or serving of food,
any regenerated cellulose film which has been manufactured in contravention of the requirements of paragraphs (3) or (4), or which fails to comply with paragraph (8).
7
No person may use in the course of a business in connection with the storage, preparation, packaging, serving or selling of food —
a
where the food contains water physically free at the surface, any regenerated cellulose film containing bis(2–hydroxyethyl) ether, ethanediol or both these substances;
b
any regenerated cellulose film in such a way that any printed surface of that film comes into contact with the food.
8
Any material or article made of regenerated cellulose film, unless by its nature clearly intended to come into contact with food, at a marketing stage other than the retail stage must be accompanied by a written declaration attesting that it complies with the legislation applicable to it.
Migration limits for regenerated cellulose film coated with plastics
9
1
Subject to paragraph (2), no person shall manufacture or import any material or article made with regenerated cellulose film coated with plastics which —
a
is intended to come into contact with food; and
b
is capable of transferring its constituents to food in quantities exceeding an overall migration limit of 10 milligrams per square decimetre of the surface of the material or article in contact with food.
2
In the case of any material or article made with regenerated cellulose film coated with plastics which —
a
is or is comparable to a container or which can be filled with a capacity of not less than 500 millilitres and not more than 10 litres; or
b
can be filled and for which it is impracticable to estimate the surface area in contact with food; or
c
is a cap, gasket, stopper or similar device for sealing,
the overall migration limit shall be 60 milligrams of constituents transferred per kilogram of food.
3
No person shall manufacture or import any material or article made with regenerated cellulose film coated with plastics manufactured with any substance listed in Part I of Schedule 1 to the 1998 Regulations (authorised monomers) which —
a
is intended to come into contact with food; and
b
is capable of transferring its constituents to food in quantities exceeding the specific migration limits set out in column 4 of that Part as read with Part II of that Schedule.
4
Where the migration limit for a substance mentioned in paragraph (3) is expressed in milligrams per kilogram, in the case of regenerated cellulose film coated with plastics which —
a
is or is comparable to a container or which can be filled with a capacity of less than 500 millilitres or more than 10 litres; or
b
cannot be filled or for which it is impracticable to estimate the relationship between the surface area of the film and the quantity of food in contact with it,
the migration limit shall be divided by the conversion factor of 6 in order to express it in milligrams of constituents transferred per square decimetre of the material or article in contact with food.
5
Subject to paragraph (6), the verification of compliance with migration limits shall be conducted in accordance with the provisions of Schedules 3 and 4 of the 1998 Regulations as read with regulation 6 of those Regulations and for the purposes of this paragraph any reference in those provisions to a plastic material or article shall be construed as a reference to regenerated cellulose film coated with plastic.
6
Paragraph (5) shall not apply in any circumstances to which regulation 7(1) or (2) is applicable.
Saving and transitional provisions and defences
10
1
Notwithstanding the revocations in regulation 16, in relation to regenerated cellulose film manufactured before 29 th April 1994 the defences in regulation 6A of the Materials and Articles in Contact with Food Regulations 1987 shall apply in relation to offences under these Regulations in like manner as they applied to offences under the equivalent provisions in those Regulations.
2
In any proceedings for an offence under regulation 8(3), (4), (6) or (7), or regulation 9(1) or (3) it shall be a defence to prove that —
a
the act constituting the offence was committed in relation to a material or article made with regenerated cellulose film which was manufactured or imported into the European Community before 29th January 2006; and
b
the act constituting the offence would not have constituted an offence under the Materials and Articles in Contact with Food Regulations 1987 immediately before the coming into force of these Regulations.
3
In any proceedings for an offence under these Regulations it shall be a defence to prove that the material or article in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that the material or article complies with that legislation.
PART 5
General
Offences and penalties
11
1
Any person who contravenes the provisions of regulation 6(2), 8(3), (4), (6) or (7), or 9(1) or (3) is guilty of an offence.
2
Any person guilty of an offence under paragraph (1) or under regulation 4 is liable —
a
on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both;
b
on summary conviction to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 6 months or to both.
Enforcement
12
1
Each food authority in its area and each port health authority in its district shall execute and enforce —
a
the provisions of Regulation 1935/2004 mentioned in regulation 4, and
b
these Regulations.
2
The Agency shall also execute and enforce the provisions of Articles 16(1) and 17(2).
Analysis by Government Chemist
13
1
The court before which any proceedings are taken under these Regulations may, if it thinks fit for the purposes of the proceedings, cause —
a
any material or article which is the subject of the proceedings and which, if it has already been tested is capable of being further tested, or
b
any food which has been in contact with any such material or article,
to be sent to the Government Chemist who shall carry out such testing as is appropriate and transmit to the court a certificate of the result, and the costs of the testing shall be paid by the prosecutor or the person charged as the court may order.
2
If in a case where an appeal is brought no action has been taken under paragraph (1), the provisions of that paragraph shall apply in relation to the court by which the appeal is heard.
3
Any certificate of the results of testing transmitted by the Government Chemist under this regulation shall be signed by or on behalf of him, but the testing may be carried out by any person under the direction of the person who signs the certificate.
4
Any certificate transmitted by the Government Chemist in accordance with paragraph (3) shall be taken as evidence of the facts stated therein unless any party to the proceedings requests that the person by whom the certificate is signed be called as a witness.
5
In this regulation the term “testing” includes examination and analysis, and “tested” shall be construed accordingly.
Application of various provisions of the Act
14
1
The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations —
a
section 2 (extending meaning of “sale” etc );
b
section 20 (offences due to fault of another person);
c
section 21 (defence of due diligence) with the modification that in subsection (4) the references to “sale” shall be deemed to include references to “placing on the market”;
d
section 30(8) (which relates to documentary evidence);
e
section 35(1) (punishment of offences) in so far as it relates to offences under section 33(1) as applied by paragraph (3) below;
f
section 35(2) and (3) in so far as it relates to offences under section 33(2) as applied by paragraph (3) below;
g
section 36 (offences by bodies corporate);
h
section 36A (offences by Scottish partnerships).
2
In the application of section 32 of the Act (powers of entry) for the purposes of these Regulations, the reference in subsection (1) to the Act shall be construed as including a reference to Regulation 1935/2004.
3
The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act shall be construed as including a reference to Regulation 1935/2004 and these Regulations —
a
section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;
b
section 33(1) (obstruction etc. of officers);
c
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b);
d
section 44 (protection of officers acting in good faith).
4
Section 34 of the Act (time limit for prosecutions) applies to offences under these Regulations as it applies to offences punishable under section 35(2) of the Act.
Amendments to the 1998 Regulations
15
1
The 1998 Regulations are amended in relation to England in accordance with paragraphs (2) to (6).
2
In regulation 2 (interpretation) —
a
omit the definition of “the 1987 Regulations ”;
b
after the definition of “the 1992 Regulations” insert the following definition —
“the 2005 Regulations ” means the Materials and Articles in Contact with Food (England) Regulations 2005 ;
.
3
In paragraph (1)(b) of regulation 6 (method of testing the capability of plastic materials or articles to transfer constituents and methods of analysis) for “regulation 14(2) of the 1987 Regulations” substitute “regulation 7(2) of the 2005 Regulations”.
4
In paragraph (1) of regulation 9 (enforcement) for “the 1987 Regulations” substitute “the 2005 Regulations”.
5
In regulation 11 (presumption as to food with which a plastic material or article, adhesive or material or article covered by a surface coating is to come into contact) for “the 1987 Regulations” substitute “Regulation (EC) No. 1935/2004 of the European Parliament and of the Council ”.
6
For regulation 12 (application of other provisions) substitute the following —
Application of other provisions
12
1
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of the Act —
a
section 3 (presumption that food is intended for human consumption);
b
section 30(8) (relating to documentary evidence);
c
section 44 (protection of officers acting in good faith).
2
Regulation 13 of the 2005 Regulations shall apply in relation to proceedings taken under these Regulations as it does to proceedings taken under those Regulations.
.
Revocations
16
The following Regulations or parts thereof are revoked in so far as they apply in relation to England —
a
The Materials and Articles in Contact with Food Regulations 1987 ;
b
Regulation 3 of The Food Safety (Export) Regulations 1991 ;
c
The Materials and Articles in Contact with Food (Amendment) Regulations 1994 .
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
22nd March 2005


text:
1
This Order may be cited as the Crime (Sentences) Act 1997 (Commencement No.4) Order 2005.
2
1
Subject to paragraph (3) the provisions of the Crime (Sentences) Act 1997 Act listed in paragraph (2) shall come into force on 4 th April 2005.
2
The provisions referred to in paragraph (1) are —
a
section 56(2) in so far as it relates to the provision mentioned in sub-paragraph (b);
b
in Schedule 6 (repeals) the entry relating to section 67 of the Criminal Justice Act 1967 .
3
The commencement of the provisions referred to in paragraph (2) is of no effect in a case in which a court has imposed a sentence of imprisonment in respect of an offence committed before 4 th April 2005 (whether or not it has also imposed a sentence of imprisonment in respect of an offence committed after that date).
Scotland of Asthal Q.C.
Minister of State
Home Office
24th March 2005


text:
Citation and commencement
1
1
This Order may be cited as the County of Worcestershire (Electoral Changes) Order 2005.
2
This Order, with the exception of articles 4 and 5, shall come into force –
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2005, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2005.
3
Articles 4 and 5 shall come into force –
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Droitwich Spa and Evesham to be held on the ordinary day of elections in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of elections in 2007.
Interpretation
2
In this Order –
“county” means the county of Worcestershire;
“existing”, in relation to an electoral division or ward, means the electoral division or ward as it exists on the date this Order is made;
references to wards, unless the context otherwise requires, are references to district, borough and city wards in the county ;
any reference to the map is a reference to the map marked “Map referred to in the County of Worcestershire (Electoral Changes) Order 2005”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of Worcestershire County Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Electoral divisions of the county of Worcestershire
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into fifty-two electoral divisions which shall bear the names set out in column (1) of the Schedule.
3
The electoral divisions shall comprise the areas described in column (2) of the Schedule by reference to wards, parishes, or parish wards or, where an area is not so described, the area designated on the map by reference to the name of the electoral division and demarcated by red lines; and the number of councillors to be elected for each electoral division shall be the number specified in respect of the electoral division in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Droitwich Spa
4
1
The existing wards of the parish of Droitwich Spa shall be abolished.
2
The parish shall be divided into seven parish wards which shall bear the names Droitwich Central, Droitwich Chawson, Droitwich Copcut, Droitwich East, Droitwich Tagwell, Droitwich West and Droitwich Witton; and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Droitwich East and Droitwich West parish wards shall be four, and for each of the Droitwich Central, Droitwich Chawson, Droitwich Copcut, Droitwich Tagwell and Droitwich Witton parish wards shall be two.
Wards of the parish of Evesham
5
1
The existing wards of the parish of Evesham shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Bengeworth, Evesham Avon, Evesham South, Evesham Twyford, Great Hampton and Little Hampton; and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Bengeworth, Evesham South and Little Hampton parish wards shall be five, and for each of the Evesham Avon, Evesham Twyford and Great Hampton parish wards shall be three.
Maps
6
Worcestershire County Council shall make a print of the map marked “Map referred to in the County of Worcestershire (Electoral Changes) Order 2005” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
7
The Electoral Registration Officer for each district, borough or city in the county shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
8
Article 8 of the Hereford and Worcester (Structural, Boundary and Electoral Changes) Order 1996 is revoked.
Sealed with the seal of the Electoral Commission on the 1st day of February 2005
Sam Younger
Chairman of the Commission
1st February 2005
Peter Wardle
Chief Executive to the Commission
1st February 2005