text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Winding Up, Deficiency on Winding Up and Transfer Values) (Amendment) Regulations 2005 and shall come into force on 15 February 2005.
2
In these Regulations —
“the Deficiency on Winding Up Regulations ” means the Occupational Pension Schemes (Deficiency on Winding Up etc. ) Regulations 1996 ;
“the Transfer Values Regulations ” means the Occupational Pension Schemes (Transfer Values) Regulations 1996 ; and
“the Winding Up Regulations ” means the Occupational Pension Schemes (Winding Up) Regulations 1996 .
Amendment of the Winding Up Regulations
2
1
The Winding Up Regulations shall be amended as provided for by the following paragraphs of this regulation.
2
In regulation 4(1) (calculation of amounts of liabilities) for “regulations 4A and 4B” there shall be substituted “regulations 4A to 4C”.
3
At the beginning of regulation 4B(1) (calculation of liabilities where employer not insolvent and where winding up commences on or after 11th June 2003) there shall be inserted “Subject to regulation 4C,”.
4
After regulation 4B there shall be inserted the following regulation —
Calculation of liabilities where winding up commences, and date of calculation falls, on or after 15 February 2005
4C
1
This regulation shall apply in the case of a scheme which begins to wind up on or after 15 February 2005 (“the commencement date”), and the date by reference to which the liabilities and assets of the scheme are determined, calculated and verified for the purposes of section 75 is a date falling on or after the commencement date.
2
In the case of a scheme to which this regulation applies, regulation 4 shall have effect as if —
a
for the words “paragraph (3)” in paragraph (1)(c), there were substituted the words “paragraphs (2A) and (3)”;
b
after paragraph (2) there were inserted the following paragraph —
2A
For the purpose of calculating the amount of the liabilities for the accrued rights to any pensions or other benefits of members of the scheme (including any increase to a pension) and for any future pensions, or other future benefits, attributable (directly or indirectly) to pension credits (including any increase to a pension) that have arisen on or before the crystallisation date or, as the case may be, the amount of the liabilities for any entitlement of members of the scheme to the payment of any pension or other benefit (including any increase to a pension) that has arisen on or before that date —
a
it shall be assumed that all such liabilities will be discharged by the purchase of annuities of a kind described in section 74(3)(c); and
b
paragraph (1)(b) above shall not have effect.
; and
c
in paragraph (5) there were substituted the words “section 73(3)” for the words “section 73(3)(aa) or (b)”.
Amendment of the Deficiency on Winding Up Regulations
3
1
The Deficiency on Winding Up Regulations shall be amended as provided for by the following paragraphs of this regulation.
2
In regulation 3(1) (calculation of the value of scheme liabilities and assets) for “regulations 3A and 3B” there shall be substituted “regulations 3A to 3D”.
3
At the beginning of regulation 3B(1) (valuation of liabilities where employer not insolvent and where winding up commences on or after 11th June 2003) there shall be inserted “Subject to regulation 3C,”.
4
After regulation 3B, there shall be inserted the following regulations —
Valuation of liabilities where winding up commences, and date of calculation falls, on or after 15 February 2005
3C
1
This regulation shall apply in the case of a scheme which begins to wind up on or after 15 February 2005 (“the commencement date”), and the date by reference to which the liabilities and assets of the scheme are determined, calculated and verified for the purposes of section 75 is a date falling on or after the commencement date.
2
In the case of a scheme to which this regulation applies, regulation 3 shall have effect as if —
a
in paragraph (1) —
i
at the beginning of sub-paragraph (a), there were inserted the words “except to the extent that the liabilities are in respect of any entitlement to a pension or other benefit that has arisen under the scheme and in respect of which paragraph (1B) applies,”;
ii
for the words “paragraphs (2) and (3)” in sub-paragraph (a), there were substituted the words “paragraphs (2)(a) to (c) and (3)”;
iii
for the words “paragraphs (3) and (4)” in sub-paragraph (b), there were substituted the words “paragraphs (1B), (3) and (4)”;
iv
for the words “regulations 3(2) and (3)” in sub-paragraph (c), there were substituted the words “regulations 3(2)(a) to (c) and (3)”; and
v
after the words “and 4 to 8 of the MFR Regulations” in sub-paragraph (c), there were inserted the words “or as respects paragraphs (1A) and (1B)”; and
b
after paragraph (1) there were inserted the following paragraphs:
1A
The liabilities of a scheme which are to be taken into account under paragraph (1) above shall include all expenses (except the cost of annuities taken into account by virtue of paragraph (1B)) which, in the opinion of the trustees or managers of the scheme, are likely to be incurred in connection with the winding up of the scheme.
1B
When calculating the liabilities of the scheme for any —
a
accrued rights that exist on or before the applicable time to the payment of any pension or other benefit under the scheme (including any increase to a pension);
b
future pensions, or other future benefits, attributable (directly or indirectly) to pension credits (including any increase to a pension) which have arisen on or before the applicable time; and
c
entitlement to the payment of a pension or other benefit (including any increase in a pension) that has arisen on or before the applicable time,
it shall be assumed that all such liabilities will be discharged by the purchase of annuities of the type described in section 74(3)(c) and, for the purposes of the calculation, the actuary shall estimate the costs of purchasing any such annuities.
Valuation of liabilities where there is more than one employer
3D
1
This regulation shall apply where there is a scheme to which regulation 4 (multi-employer schemes) applies (including a section of a scheme in relation to which there is more than one employer which is treated as a separate scheme for the purposes of section 75) and the circumstances described in paragraph (2) apply.
2
The circumstances are that —
a
the scheme is not being wound up;
b
a relevant insolvency event occurs in relation to an employer in relation to the scheme; and
c
the applicable time is on or after 15 February 2005.
3
In the case of a scheme to which this regulation applies, regulation 3 shall have effect with the modifications set out in regulation 3C(2)(a) and (b).
.
5
In the Note at the end of the form of certificate set out in Schedule 1 (form of actuary’s certificate), for “does not reflect the cost” there shall be substituted “may not reflect the actual cost”.
Amendment of the Transfer Values Regulations
4
In regulation 11 of the Transfer Values Regulations (disclosure) —
a
in paragraph (4) —
i
after sub-paragraph (b)(iv) the word “and” shall be omitted, and;
ii
after sub-paragraph (b)(v) there shall be inserted —
and
vi
where the scheme has begun to wind up, explaining that —
aa
the value of the member’s guaranteed cash equivalent may be affected by the scheme’s winding up;
bb
a decision to take a guaranteed cash equivalent should be given careful consideration; and
cc
the member should consider taking independent financial advice before deciding whether to take the guaranteed cash equivalent.
; and
b
after that paragraph there shall be inserted —
4A
For the purposes of paragraph (4)(b)(vi), the question whether a scheme has begun to wind up shall be determined in accordance with section 124(3A) to (3D) of the 1995 Act .
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
19 January 2005


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the St Benedict’s Catholic VA Primary School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The St Benedict’s Catholic VA Primary School, Mersey Road, Redcar, TS10, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Roman Catholic.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
26th April 2005


text:
Citation and commencement
1
These Regulations may be cited as the Immigration (Provision of Physical Data) (Amendment) Regulations 2005 and shall come into force on the expiry of 7 days beginning with the date on which they are made.
Amendment of the Immigration (Provision of Physical Data) Regulations 2003
2
The Immigration (Provision of Physical Data) Regulations 2003 is amended as follows.
3
In regulation 2 at the end of paragraph (b) of the definition of “application”, there is inserted “except where the entry clearance was granted following a valid application by that person falling within (a) above”.
4
In the Schedule:
a
before “Djibouti”, there is inserted “Democratic Republic of the Congo”;
b
after “Kenya”, there is inserted “the Netherlands”; and
c
after “Uganda”, there is inserted “Vietnam”.
Andy Burnham
Parliamentary Under-Secretary of State
Home Office
9th November 2005


text:
1
This Order may be cited as the Drugs Act 2005 (Commencement No. 2) Order 2005.
2
1
The provisions of the Drugs Act 2005 which are specified in paragraph (2) shall come into force on 1st September 2005.
2
The provisions specified for the purposes of paragraph (1) are —
a
section 23(1) (amendments and repeals) in so far as it relates to the entries at sub-paragraph (c) below;
b
section 23(2) (amendments and repeals) in so far as it relates to the entry at sub-paragraph (d) below;
c
paragraphs 6 and 7 of Schedule 1 (amendments); and
d
in Schedule 2 (repeals), the entry relating to section 38 of the Criminal Justice and Police Act 2001 .
Hazel Blears
Minister of State
Home Office
8th August 2005


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 2005 and shall come into force on 1st January 2006.
Amendment of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973
2
In regulation 3 of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973 (fees) —
a
in paragraph (1) (fee for registration of premises), for “£460” substitute “£474” and for “£90” (fee where premises are in Northern Ireland) substitute “£93”;
b
in paragraph (2) (retention fee), for “£137” substitute “£150” and for “£118” (fee where premises are in Northern Ireland) substitute “£130”;
c
in paragraph (3) (additional sum by way of penalty), for “£460” substitute “£474” and for “£262” (sum where premises are in Northern Ireland) substitute “£270”.
Revocation
3
The Medicines (Pharmacies) (Applicants for Registration and Fees) Amendment Regulations 2004 are revoked.
Signed by authority of the Secretary of State for Health
Jane Kennedy
Minister of State,
Department of Health
22nd November 2005
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
Andrew McCormick
Permanent Secretary,
Department of Health, Social Services and Public Safety
24th November 2005


text:
Establishment of fees
1
The Fees appearing in Schedule 1 to this Order are established. The Tables of that Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by —
1
the legal officers named in Table I of that Schedule in respect of the carrying out by them of the duties of their offices specified in Schedule 2 to this Order, and
2
by the legal officers named in Part A of Table II of Schedule 1 in respect of the carrying out by them of the duties of their offices except the duties and professional services specified in Part B of Table II as not falling within the scope of the annual fee.
Payment of fees
2
The Fees established and set out in the second column of Table I of Schedule 1 to this Order are to be paid by the diocesan board of finance. The Fees established and set out in the third column of the said Table I and in Table II of that Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.
Revocation of 2005 Order
3
The Legal Officers (Annual Fees) Order 2005 is hereby revoked.
Duties of the diocesan registrar
4
The diocesan registrar shall perform the duties and provide the professional services specified in Schedule 2 to this Order in consideration of the annual fee set out in Table I of Schedule 1 to this Order for his or her diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.
Supplementary annual fee
5
1
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I of Schedule 1 to this Order.
2
An agreement made under sub-paragraph (1) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
3
An agreement made under sub-paragraph (1) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less that three months' notice on either side.
4
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
Travel, subsistence and accommodation
6
A fee specified in Schedule 1 to this Order shall be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
Value Added Tax
7
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of Schedule 2 to this Order) there shall be payable in addition to that fee the amount of Value Added Tax.
Citation and commencement
8
1
This Order may be cited as the Legal Officers (Annual Fees) (No.2) Order 2005.
2
This Order shall have effect from the first day of January 2006.
Approved by the General Synod on 8th July 2005
J Laws
G F Tattersall
H M Morgan
M A Chamberlain
A Whittam Smith
T E Allen
David Williams
Clerk to the Synod
Church House, London


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Road Traffic (NHS Charges) Amendment Regulations 2005 and shall come into force on 1st April 2005.
2
In these Regulations —
“the principal Regulations ” means the Road Traffic (NHS Charges) Regulations 1999 ;
“the 2004 Regulations ” means the Road Traffic (NHS Charges) Amendment Regulations 2004 .
3
These Regulations extend to England and Wales .
Amendment of regulation 4 of the principal Regulations
2
Regulation 4 of the principal Regulations (amount of NHS charges – incidents on or after 2nd July 1997) shall be amended as follows —
a
in paragraph (2) —
i
in sub-paragraph (a), for “£473” there shall be substituted “£483”;
ii
in sub-paragraph (b), for “£582” there shall be substituted “£593”;
b
in paragraph (4), for “£34,800” there shall be substituted “£35,500”.
Saving
3
Notwithstanding regulation 2 above, the principal Regulations shall continue to have effect in respect of a certificate relating to an incident which occurred before 1st April 2005 as if the amendments made by these Regulations had not been made.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Parliamentary Under Secretary of State
Department of Health
4th March 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as The Child Minding and Day Care (Applications for Registration) (England) (Amendment) Regulations 2005 and shall come into force on 3 rd October 2005.
2
These Regulations apply only in relation to England.
Amendment of Regulations
2
The Child Minding and Day Care (Applications for Registration) (England) Regulations 2001 shall be amended in accordance with regulations 3 to 7.
3
For regulation 2 substitute the following —
2
In these Regulations “responsible individual” has the same meaning as in section 79B (5ZA) of the Children Act 1989 .
4
For paragraph 1D of the Schedule substitute the following —
1D
The date of birth, full name and any former names or aliases of any responsible individual.
5
For paragraph 2 of the Schedule substitute the following —
2
The address of the premises at which the children are to be looked after and the addresses of the applicant and any responsible individual.
.
6
In paragraphs 7, 8, 9, 10, 11 and 16 of the Schedule for “person in charge” substitute “responsible individual”.
7
Omit paragraph 15 of the Schedule.
Beverley Hughes
Minister of State
Department for Education and Skills
27th August 2005


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use)(Amendment)(No. 5) Regulations 2005 and shall come into force on 12th December 2005.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 36A
3
1
Regulation 36A shall be amended as follows.
2
In paragraph (2C), for sub-paragraph (b), there shall be substituted —
b
complies with the limit values in respect of Euro III emission standards set out in Council Directive 88/77/ EEC , as amended by amendments up to and including those effected by Commission Directive 2001/27/ EC ;
.
3
For paragraph (7A) there shall be substituted —
7A
A speed limiter fitted to a paragraph (2) vehicle which —
a
was first used before 1st January 2005 and has a maximum gross weight exceeding 10 tonnes; or
b
was first used before 1st October 2001 and has a maximum gross weight exceeding 7.5 tonnes but not exceeding 10 tonnes;
may be set at a maximum speed of 100 km/h.
.
4
In paragraph (13) —
a
the word “or” immediately after sub-paragraph (a) shall be omitted; and
b
after sub-paragraph (b) there shall be added —
c
which is owned by the Secretary of State for Defence and used for naval, military or air force purposes;
d
which is used for naval, military or air force purposes while being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown; or
e
while it is being used for fire and rescue authority purposes or for or in connection with the exercise of any function of a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 , for ambulance purposes or police purposes.
.
5
In paragraph (14), in the appropriate alphabetical position, the following definition shall be added —
“Euro III emission standards” means the emission limits given in rows A of the tables in section 6.2.1 of Annex 1 to Directive 1999/96/EC of the European Parliament and of the Council (amending Council Directive 88/77/EEC );
.
Amendment of regulation 36B
4
1
Regulation 36B shall be amended as follows.
2
For paragraph (1B), there shall be substituted —
1B
Subject to paragraphs (1C) and (14), this regulation also applies to every motor vehicle, not being a motor vehicle to which paragraph (1) applies, which —
a
is a goods vehicle;
b
has a maximum gross weight exceeding 3,500 kg but not exceeding 12,000 kg;
c
was first used on or after 1st October 2001 and before 1st January 2005;
d
complies with the limit values in respect of Euro III emission standards set out in Council Directive 88/77/EEC , as amended by amendments up to and including those effected by Commission Directive 2001/27/EC ; and
e
has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 90km/h;
and a reference in this regulation to a paragraph (1B) vehicle is a reference to a vehicle to which this regulation applies by virtue of this paragraph.
.
3
In paragraph (15), in the appropriate alphabetical position, the following definition shall be added —
“Euro III emission standards” means the emission limits given in rows A of the tables in section 6.2.1 of Annex 1 to Directive 1999/96/EC of the European Parliament and of the Council (amending Council Directive 88/77/EEC );
.
Signed by authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
11th November 2005


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 2005 and shall come into force on 21st October 2005.
Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 2000
2
1
The Sea Fishing (Enforcement of Community Control Measures) Order 2000 shall be amended in accordance with the following provisions of this article.
2
In article 2 (interpretation) –
a
in paragraph (1) for the definition of “Regulation 2847/93” there shall be substituted the following definition —
“Regulation 2847/93” means Council Regulation ( EEC ) No 2847/93 establishing a control system applicable to the common fisheries policy as amended by Council Regulation ( EC ) No 2870/95 , Council Decision (EC) 95/528 , Council Regulation (EC) 2489/96 , Council Regulation (EC) 686/97 , Council Regulation (EC) 2205/97 , Council Regulation (EC) 2635/97 , Council Regulation (EC) 2846/98 and Council Regulation (EC) 1954/2003 ;
and
b
in paragraph (3), sub-paragraph (b) shall be revoked.
3
In paragraph 2 (Regulation 2847/93) to the Schedule, there shall be substituted —
a
for the third column entry in sub-paragraph (l):
Prohibition from carrying out of fishing activities in the areas specified in Article 19a of Regulation 2847/93 in relation to Community fishing boats which have not been authorised by Member States in accordance with Article 10 of Council Regulation (EC) No 1954/2003 on the management of the fishing effort relating to certain Community fishing areas and resources or Article 2 of Council Regulation (EC) No 779/97 introducing arrangements for the management of fishing effort in the Baltic Sea
;
b
for the text in the third column entry in sub-paragraph (m) above paragraph (a):
Requirement in relation to Community fishing boats exceeding 10 metres in overall length authorised to carry out fishing activities directed at demersal species to complete an effort report containing the information prescribed in Article 19b of Regulation 2847/93 as read with Regulation 1449/98 —
;
c
for the third column entry in sub-paragraph (n):
Requirement in relation to Community fishing boats exceeding 10 metres in overall length to record in logbooks the information (as regards time spent at sea) prescribed in Article 19e.1 of Regulation 2847/93 or, in the case of boats conducting trans-zonal fisheries as defined in Article 19b.2 of Regulation 2847/93, prescribed in Article 19e.2 of Regulation 2847/93.
;
d
for the third column entry in sub-paragraph (o):
Requirement on Community fishing boats exceeding 10 metres in overall length authorised to carry out fishing activities directed at demersal species to record in logbooks an effort report containing the information prescribed in Article 19b of Regulation 2847/93.
; and
e
for the third column entry in sub-paragraph (r):
Requirements relating to carriage, use and stowage of gear in Community fishing boats exceeding 10 metres in overall length carrying out fishing activities in areas specified in Article 19a.1 of Regulation 2847/93.
.
Bach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
9th September 2005
Rooker
Minister of State for Northern Ireland
Department of Agriculture and Rural Development
19th September 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Parliamentary Commissioner Order 2005.
2
This Order comes into force on 14th March 2005.
3
In this Order “ the Act ” means the Parliamentary Commissioner Act 1967.
Amendment to Schedule 2 to the Act
2
For Schedule 2 to the Act, there shall be substituted the Schedule set out in Schedule 1 to this Order.
Amendment to Schedule 4 to the Act
3
For Schedule 4 to the Act, there shall be substituted the Schedule set out in Schedule 2 to this Order.
A. K. Galloway
Clerk of the Council


text:
Citation
1
This Order may be cited as the Tax Information Exchange Agreement (Taxes on Income) (Aruba) Order 2005.
Declaration about exchange of information
2
1
It is declared that the arrangements specified in the Convention set out in Part I of the Schedule to this Order, and the Exchange of Notes constituting an Agreement set out in Part II of that Schedule, have been made with the Government of the Kingdom of the Netherlands in respect of Aruba with a view to the exchange of information foreseeably relevant to the administration or enforcement of —
a
the domestic laws of the United Kingdom concerning income tax, capital gains tax or corporation tax; and
b
the laws of Aruba concerning taxes imposed by the law of the Aruba which are of a similar character to any of those taxes.
2
It is further declared that it is expedient that the arrangements referred to in paragraph (1) should have effect.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and effect
1
This Order may be cited as the Insurance Companies (Corporation Tax Acts) (Amendment) Order 2005, shall come into force on 6th January 2006 and shall have effect in relation to periods of account beginning on or after 1st January 2005 and ending before 1st October 2006.
Amendment of Chapter 1 of Part 12 of the Income and Corporation Taxes Act 1988
2
Chapter 1 of Part 12 of Income and Corporation Taxes Act 1988 (special classes of companies and businesses: insurance companies and capital redemption business) is amended as follows.
3
1
Amend section 431 (interpretative provisions for the purposes of Chapter 1 of Part 12) as follows.
2
In subsection (2) —
a
after the definition of “contract of insurance” insert —
“free assets amount”, in relation to an insurance company, means the excess of the value of the assets of the company’s long-term business over the aggregate of —
the value of the liabilities of that business,
any money debts (within the meaning of Chapter 2 of Part 4 of the Finance Act 1996) of the company not within paragraph (a) above which are owed in respect of that business, and
the amount of the shareholders' excess assets within the meaning given by section 432A(8)(b) );
;
b
omit the definition of “investment reserve” ;
c
after the definition of “reinsurance business” insert —
“shareholders' excess assets” has the meaning given by section 432A(8)(b) );
.
3
In subsection (2ZB) —
a
at the end of paragraph (b) omit “or”;
b
in paragraph (c) for “investment reserve” substitute “free assets amount”;
c
after paragraph (c) insert —
or
d
the opening amount of the shareholder’s excess assets of the transferor,
;
d
in the words following paragraph (d) for “or values, or that reserve” substitute “values or amounts”.
4
In subsection (2ZC) —
a
at the end of paragraph (b) omit “or”;
b
in paragraph (c) for “investment reserve” substitute “free assets amount”;
c
after paragraph (c) insert —
or
d
the closing amount of the shareholder’s excess assets of the transferor,
;
d
in the words following paragraph (d) for “or values, or that reserve” substitute “values or amounts”.
4
1
Amend section 432ZA (linked assets) as follows.
2
In subsection (1) at the end insert —
and in a case where only part of an asset is so identified, references to a linked asset are references to that part.
.
5
1
Amend section 432A (apportionment of income and gains) as follows.
2
In subsection (6) —
a
in the words before paragraph (a) for “a category of business” substitute “basic life assurance and general annuity business”;
b
in paragraph (a)(i) —
i
for “of the category” substitute “of that category of business”; and
ii
for “to the category” substitute “to that category”;
c
at the end of paragraph (a)(i) omit “and”;
d
for sub-paragraph (ii) of paragraph (a) substitute —
ii
if there has been a relevant reattribution, the mean of the opening and closing amounts of the shareholders' excess assets, and
iii
the mean of the appropriate parts of the opening and closing amounts of the free assets amounts; and
; and
e
in paragraph (b)(ii) for “that paragraph” substitute “subsection (6A)(a) below”.
3
After subsection (6) insert —
6A
For the purposes of subsection (5) above “the relevant fraction”, in relation to any other category of business other than basic life assurance and general annuity business and overseas life assurance business, is the fraction of which —
a
the numerator is the aggregate of —
i
the mean of the opening and closing liabilities of the category, reduced (but not below nil) by the mean of the opening and closing net values of any assets directly referable to the category, and
ii
the mean of the appropriate parts of the opening and closing amounts of the free assets amounts; and
b
the denominator is the aggregate of —
i
the numerator given by paragraph (a) above
ii
the numerators given by that paragraph in relation to the other categories of business; and
iii
the numerators given by subsection (6)(a) above in relation to the basic life assurance and general annuity business.
.
4
In subsection (7) —
a
in the words before paragraph (a) for “(5) and (6)” substitute “(5), (6) and (6A)”; and
b
at the end of paragraph (a) omit “and”
c
after paragraph (b) insert —
and
c
amounts are directly referable to basic life assurance and general annuity business if they fall within any of the following provisions —
i
sections 438B , 441B and 442A ,
ii
section 85(2C)(c) of the Finance Act 1989 .
.
5
For subsection (8) substitute —
8
In subsections (6) and (6A) above —
a
“appropriate part”, in relation to the free assets amount, means —
i
where none (or none but an insignificant proportion) of the liabilities of the long-term business are with-profits liabilities, the part of that amount which bears to the whole the proportion A/B where —
A is the amount of the liabilities of the category of business in question;
B is the whole amount of the liabilities of the long-term business; and
ii
in any other case the part of the free assets amount which bears to the whole the proportion C/D where —
C is the amount of the with-profits liabilities of the category of business in question;
D is the whole amount of the with-profits liabilities of the long-term business; and
b
the amount of the shareholders' excess assets in relation to any period of account of the company is the amount equal to SXA − L27 where —
i
SXA is the aggregate amount of the assets shown in its non-participating funds which are attributed to its shareholders as a result of a relevant reattribution; and
ii
L27 is the amount (if any) shown in line 27 of Form 19 in its periodical return for the relevant period of account.
8A
In this section —
“non-participating funds” means accounts which relate exclusively to policies or contracts under which the policy holders or annuitants are not eligible to participate in surplus;
“reattribution” in relation to an insurance company which has an inherited estate, means the attribution of assets to shareholders' interests as a result of —
an agreement between the company and the relevant regulator as to the amount of that estate and its attribution between shareholders and policy holders; or
a decision of the company to specify and identify an amount of assets (otherwise than in connection with a transfer to the company’s long-term insurance fund) as attributable only to shareholders' interests;
a reattribution is “relevant” if it arises as a result of any of the following —
a transfer of business under —
section 49 of, or Schedule 2C to, the Insurance Companies Act 1982;
an insurance business transfer scheme (within the meaning of section 431(2));
a scheme of arrangement under section 425 of the Companies Act 1985;
an order under section 68 of the Insurance Companies Act 1982;
a waiver under section 148 of the Financial Services and Markets Act 2000;
an amendment to the company’s memorandum, articles of association or other instrument regulating the company.
8B
In subsection (8A) above —
“inherited estate” has the same meaning as it has in the Integrated Prudential Sourcebook; and
“relevant regulator” means the Financial Services Authority, the Treasury or the Secretary of State.
.
6
In subsection (9)(b) —
a
for “investment reserve” substitute “free assets amount”;
b
for “that reserve” substitute “that amount”.
6
1
Amend section 432B (apportionment of receipts brought into account) as follows.
2
After subsection (3) insert —
4
The following provisions of this section have effect where sections 432C and 432D —
a
apply in relation to any account for a fund in which shareholders' excess assets are held, and
b
apply in relation to that account in relation to any period of account beginning on or after 1st January 2005 and ending before 1st October 2006.
5
The part of the amount brought into account as income which is referable in accordance with section 432C to any category of business apart from —
a
basic life assurance and general annuity business, and
b
overseas life assurance business,
is reduced by the relevant fraction of the shareholders' excess income.
6
The part of the amount brought into account as the increase or decrease in the value of assets or as other income which is referable in accordance with section 432D to any category of business apart from basic life assurance and general annuity business is reduced or increased as follows.
7
The part of that amount is —
a
reduced by the relevant fraction of the shareholders' excess gains, or
b
increased by the relevant fraction of the shareholders' excess losses,
as the case may be.
8
But no such reduction or increase is made if, in relation to the fund in question, an election in accordance with Rule 9.10(c) of the Prudential Sourcebook (Insurers) has effect for the period of account.
9
For the purposes of this section —
“the relevant fraction”, in relation to a category of business, is the fraction of which —
the numerator is the section 83 net amount referable to the category; and
the denominator is the section 83 net amount referable to all categories of business apart from basic life assurance and general annuity business;
“the section 83 net amount” means the net amount (before giving effect to subsections (5) to (7) above) to be taken into account in accordance with section 83(2) of the Finance Act 1989 (that is to say, the aggregate amount to be taken into account as receipts reduced by the aggregate amount to be taken into account as expenses);
“shareholders' excess gains” means the amount by which —
the investment gains referable to basic life assurance and general annuity business in accordance with section 432A for the period of account exceeds
those gains that would be so referable if section 432A(6) were amended in accordance with subsection (10) below;
“shareholders' excess income” means the amount by which —
the investment income referable to basic life assurance and general annuity business in accordance with section 432A for the period of account exceeds
the amount that would be so referable if section 432A(6) were amended in accordance with subsection (10) below;
“shareholders' excess losses” means the amount by which —
the investment losses referable to basic life assurance and general annuity business in accordance with section 432A for the period of account exceeds
the amount that would be so referable if section 432A(6) were amended in accordance with subsection (10) below.
10
For the purposes of the definitions of “shareholders' excess gains”, “shareholders' excess income” and “shareholders' excess losses”, the amendments of section 432A(6) mentioned in those definitions are —
a
in paragraph (a)(ii) the insertion after “the mean of” of “the appropriate parts of”;
b
in paragraph (a)(ii) the insertion after “assets” of —
(and for this purpose the definition of “appropriate part” in subsection (8)(a) below applies in relation to the shareholders' excess assets as it applies in relation to the free assets amount)
; and
c
in paragraph (b) the substitution for sub-paragraph (ii) of —
ii
the numerators that would be given by that paragraph in relation to the other categories of business if this subsection applied in relation to any category of business.
.
11
For the purposes of subsection (9) —
a
the amount of a company’s investment gains is the greater of LG + NTC − NTD and nil where —
i
LG is the amount of chargeable gains accruing from disposals of assets of the company’s long-term insurance fund in the period of account after deducting the aggregate of allowable losses so accruing in the period of account and any previous period of account to which section 8(1)(b) of the Taxation of Chargeable Gains Act 1992 (company’s total profits to include chargeable gains) applies;
ii
NTC is the amount of non-trading credits for the period given by paragraph 2(1) of Schedule 11 to the Finance Act 1996 which arise to the company from increases in the fair value of the company’s loan relationships or from related transactions; and
iii
NTD is the amount of non-trading debits given by that paragraph which arise to the company from decreases in the fair value of the company’s loan relationships or from related transactions;
b
“investment income” means the aggregate of —
i
the non-trading credits for the period given by paragraph 2(1) of Schedule 11 to the Finance Act 1996 which do not arise to the company from increases in the fair value of the company’s loan relationships or from related transactions;
ii
income falling with Schedule A; and
iii
income falling within Case V of Schedule D; and
c
the amount of a company’s investment losses is the greater of LA + NTD − NTC and nil where —
i
LA is the amount of the company’s allowable losses accruing from disposals of assets of the company’s long-term insurance fund in the period of account after deducting chargeable gains so accruing; and
ii
NTC and NTD have the same meanings as they have in relation to a company’s investment gains.
.
7
1
Amend paragraph 4 of Schedule 19AA (overseas life assurance fund) as follows.
2
In sub-paragraph (1), in the definition of “B”, “investment reserve” substitute “free assets amount”.
3
In sub-paragraph (2) for “investment reserve” substitute “free assets amount”.
4
In sub-paragraph (5) for ““investment reserve”” substitute ““free assets amount””.
Amendment of section 88 of the Finance Act 1989
8
1
Amend section 88 of the Finance Act 1989 (corporation tax: policy holder’s fraction of profits) as follows.
2
In subsection (3A) —
a
at the end of paragraph (a) insert “and”; and
b
omit paragraphs (aa) to (ac).
Amendment of Schedule 11 to the Finance Act 1996
9
1
Amend Schedule 11 to the Finance Act 1996 (loan relationships: special provision for insurers) as follows.
2
In paragraph 3A(5) —
a
for “subsections (6) and (8)” substitute “subsections (6), (6A) and (8)”;
b
in paragraph (b) for “the reference in subsection (6)(a)” substitute “the references in subsections (6)(a) and (6A)(a)”.
Consequential repeals
10
The following provisions are repealed —
a
paragraph 25 of Schedule 33 to the Finance Act 2003; and
b
paragraph 16 of Schedule 9 to the Finance ( No. 2) Act 2005.
Dave Watts
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
15th December 2005


text:
Citation
1
This Order may be cited as the Domestic Violence, Crime and Victims Act 2004 (Commencement No. 4) Order 2005.
Commencement
2
The following provisions of the Domestic Violence, Crime and Victims Act 2004 shall come into force on 18th October 2005 —
a
sections 32 to 34 (the victims' code);
b
section 47 and Schedule 7 (investigations by Parliamentary Commissioner); and
c
section 54(1), (2)(a) and (b), (3)(a) and (b) and (4) to (8) (disclosure of information).
Fiona Mactaggart
Parliamentary Under-Secretary of State
Home Office
12th October 2005


text:
1
1
These Regulations may be cited as the Education (Head Teachers' Qualifications) (Amendment) (England) Regulations 2005 and shall come into force on 30th April 2005.
2
These Regulations apply only in relation to England.
2
Regulation 4 of the Education (Head Teachers' Qualifications) (England) Regulations 2003 is amended as follows —
a
For paragraph (1) substitute —
1
Subject to regulation 5 a person may serve as a head teacher of a school maintained by a local education authority or a special school not so maintained only if he holds —
a
the National Professional Qualification for Headship;
b
the National Professional Qualification for Headship in Wales;
c
the Scottish Standard for Headship;
d
the Professional Qualification for Headship in Northern Ireland; or
e
a comparable qualification obtained in Switzerland or any European Economic Area country, other than the United Kingdom.
.
b
After paragraph (2) insert —
3
In this regulation —
“ EEA Agreement” means the agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ; and
“European Economic Area” means the area comprised by the member States of the European Community (including the United Kingdom) as constituted from time to time and, subject to the conditions laid down in the EEA agreement, by the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein.
.
Stephen Twigg
Minister of State
Department for Education and Skills
22nd March 2005


text:
Citation, commencement, and application
1
1
These Regulations may be cited as the LEA Budget, Schools Budget and Individual Schools Budget (Amendment) (England) Regulations 2005 and shall come into force on 31st March 2005.
2
Regulation 2 amends the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2004 (“the Budget regulations”).
3
These Regulations apply in relation to the financial year beginning on 1st April 2005.
Amendment to the Budget regulations
2
In respect of each of the local education authorities named in the first column in the table in the Schedule, the words set out in the second column against each authority’s name are added after the formula and before the word “where” in paragraph 1 of Schedule 2.
Stephen Twigg
Minister of State
Department for Education and Skills
8th March 2005


text:
Citation and commencement
1
1
This Order may be cited as the County of Durham (Electoral Changes) Order 2005.
2
This Order, with the exception of articles 4, 5, 6 and 7, 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, 5, 6 and 7 shall come into force –
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Cassop-cum-Quarrington, Great Aycliffe, Seaham and Spennymoor 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 Durham;
“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 Durham (Electoral Changes) Order 2005”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of Durham County Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Divisions of the county of Durham
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into sixty-three electoral divisions which shall bear the names set out in column (1) of Schedule 1.
3
The electoral divisions shall comprise the areas described in column (2) of that 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 one.
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 Cassop-cum-Quarrington
4
The parish of Cassop-cum-Quarrington shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the division specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Great Aycliffe
5
1
The existing wards of the parish of Great Aycliffe shall be abolished.
2
The parish shall be divided into eight parish wards which shall bear the names Aycliffe Village, Byerley Park, Horndale and Cobblers Hall, Neville, Shafto St Marys, Simpasture, West, Woodham North and Woodham South; and the wards shall comprise the areas designated on sheet 5 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 Byerley Park, Horndale and Cobblers Hall, West and Woodham North parish wards shall be six, for each of the Neville, Shafto St Marys and Woodham South parish wards shall be three, for the Simpasture parish ward shall be two, and for the Aycliffe Village parish ward shall be one.
Wards of the parish of Seaham
6
1
The existing wards of the parish of Seaham shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Dawdon, Deneside, Seaham Harbour North, Seaham Harbour South, Seaham North and Westlea; and the wards shall comprise the areas designated on sheet 2 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 Dawdon and Deneside parish wards shall be five, for the Seaham Harbour North parish ward shall be four, for the Seaham North parish ward shall be three, and for each of the Seaham Harbour South and Westlea parish wards shall be two.
Wards of the parish of Spennymoor
7
1
The existing wards of the parish of Spennymoor shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Byers Green, Low Spennymoor and Tudhoe Grange, Merrington, Middlestone, Spennymoor and Tudhoe; 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 Low Spennymoor and Tudhoe Grange, and Spennymoor parish wards shall be six, for each of the Middlestone and Tudhoe parish wards shall be four, and for each of the Byers Green and Merrington parish wards shall be one.
Maps
8
Durham County Council shall make a print of the map marked “Map referred to in the County of Durham (Electoral Changes) Order 2005” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
9
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
10
The County of Durham (Electoral Arrangements) Order 1981 is revoked, save for article 5.
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


text:
PART 1
Citation, commencement and interpretation
Citation and commencement
1
These Regulations may be cited as the Community Interest Company Regulations 2005 and shall come into force on 1 July 2005.
Interpretation
2
In these Regulations —
“the 1985 Act ” means the Companies Act 1985 ;
“the 2004 Act ” means the Companies (Audit, Investigations and Community Enterprise) Act 2004;
“aggregate dividend cap” means a cap set under regulation 22 for the purposes of determining maximum aggregate dividends;
“appellant” means, in respect of an appeal to the Appeal Officer, the person bringing the appeal;
“applicable share dividend cap” has the meaning given in regulation 18(2) and (3);
“applicable interest cap” has the meaning given in regulation 21(3);
“asset-locked body” means —
a community interest company, charity or Scottish charity; or
a body established outside Great Britain that is equivalent to any of those persons;
“community interest statement” means a statement in a form approved by the Regulator which —
contains a declaration that the company will carry on its activities for the benefit of the community or a section of the community; and
indicates how it is proposed that the company’s activities will benefit the community (or a section of the community);
“distributable profits” means, in relation to a company, its accumulated, realised profits, so far as not previously utilised by distribution or capitalisation, less its accumulated, realised losses, so far as not previously written off in a reduction or reorganisation of capital duly made, and is to be interpreted in accordance with the provisions of section 263(3) of the 1985 Act relating to the meaning of a company’s profits available for distribution;
“election” means any election to public office held in Great Britain or elsewhere;
“employee” means a person who has entered into or works under (or, where the employment has ceased, worked under) —
a contract of service or apprenticeship; or
a contract for services under which it is agreed that a specified individual is to perform services,
whether express or implied, and (if it is express) whether oral or in writing;
“employer” means the person by whom an employee is (or, where the employment has ceased, was) employed;
“exempt dividend” has the meaning given in regulation 17(3);
“governmental authority” includes —
any national, regional or local government in Great Britain or elsewhere, including any organ or agency of any such government;
the European Community, or any of its institutions or agencies; and
any organisation which is able to make rules or adopt decisions which are legally binding on any governmental authority falling within sub-paragraph (a) or (b);
“interest cap” means a cap set under regulation 22 for the purpose of determining the maximum rate of interest payable under regulation 21;
“manager” means a person appointed by order under section 47(1) of the 2004 Act;
“maximum aggregate dividend” has the meaning given to it in regulation 19;
“maximum dividend per share” has the meaning given to it in regulation 18(1);
“paid up value” means, in respect of any share in a company, the sum of —
so much of the share’s nominal value as has been paid up; and
any premium on that share paid to the company;
“performance-related rate” means any rate which is linked to the company’s profits or turnover or to any item in the balance sheet of the company;
“political party” includes any person standing, or proposing to stand, as a candidate at any election, and any person holding public office following his election to that office;
“political campaigning organisation” means any person carrying on, or proposing to carry on activities —
to promote, or oppose, changes in any law applicable in Great Britain or elsewhere, or any policy of a governmental or public authority (unless such activities are incidental to other activities carried on by that person); or
which could reasonably be regarded as intended to affect public support for a political party, or to influence voters in relation to any election or referendum (unless such activities are incidental to other activities carried on by that person);
“public authority” includes —
a court or tribunal; and
any person certain of whose functions are functions of a public nature;
“referendum” includes any national or regional referendum or other poll held in pursuance of any provision made by or under the law of any state on one or more questions or propositions specified in or in accordance with any such provision;
“relevant company” means a community interest company which is a company limited by shares or a company limited by guarantee with a share capital;
“share dividend cap” means a cap set under regulation 22 for the purpose of determining maximum dividends per share;
“subsidiary” has the meaning given to it in section 736 of the 1985 Act ; and
“unused dividend capacity” has the meaning given to it in regulation 20(2).
PART 2
The community interest test and excluded companies
Political activities not to be treated as being carried on for the benefit of the community
3
1
For the purposes of the community interest test the following activities are to be treated as not being activities which a reasonable person might consider are activities carried on for the benefit of the community:
a
the promotion of, or the opposition to, changes in —
i
any law applicable in Great Britain or elsewhere; or
ii
the policy adopted by any governmental or public authority in relation to any matter;
b
the promotion of, or the opposition (including the promotion of changes) to, the policy which any governmental or public authority proposes to adopt in relation to any matter; and
c
activities which can reasonably be regarded as intended or likely to —
i
provide or affect support (whether financial or otherwise) for a political party or political campaigning organisation; or
ii
influence voters in relation to any election or referendum.
2
But activities of the descriptions prescribed in paragraph (1) are to be treated as being activities which a reasonable person might consider are activities carried on for the benefit of the community if —
a
they can reasonably be regarded as incidental to other activities, which a reasonable person might consider are being carried on for the benefit the community; and
b
those other activities cannot reasonably be regarded as incidental to activities of any of the descriptions prescribed in paragraph (1).
Other activities not to be treated as being carried on for the benefit of the community
4
For the purposes of the community interest test, an activity is to be treated as not being an activity which a reasonable person might consider is an activity carried on for the benefit of the community if, or to the extent that, a reasonable person might consider that that activity benefits only the members of a particular body or the employees of a particular employer.
Section of the community
5
For the purposes of the community interest test, any group of individuals may constitute a section of the community if —
a
they share a readily identifiable characteristic; and
b
other members of the community of which that group forms part do not share that characteristic.
Excluded companies
6
For the purposes of section 35(6) of the 2004 Act, the following are excluded companies:
a
a company which is (or when formed would be) a political party;
b
a company which is (or when formed would be) a political campaigning organisation; or
c
a company which is (or when formed would be) a subsidiary of a political party or of a political campaigning organisation.
PART 3
Requirements concerning the memorandum and articles
Company without share capital
7
A community interest company which is a company limited by guarantee without a share capital must include in its memorandum or articles the provisions prescribed by Schedule 1.
Company with share capital
8
A community interest company which is a company limited by shares or a company limited by guarantee with a share capital must include in its memorandum or articles either —
a
the provisions prescribed by Schedule 2; or
b
the provisions prescribed by Schedule 3.
Alternative provisions
9
1
For paragraph 1(4)(a) of the provisions prescribed by Schedule 1, 2 or 3 a community interest company may substitute —
“charitable body” means a charity, Scottish charity or a body established outside Great Britain that is equivalent to any of those persons;
2
If a community interest company makes the substitution permitted by paragraph (1), it must also for every reference to “asset-locked body” in paragraph 1(2) of the provisions prescribed by Schedule 1, 2 or 3 substitute a reference to “charitable body”.
Declaration of dividends
10
A relevant company must not include in its memorandum or articles any provision which purports to permit a dividend to be declared otherwise than by an ordinary or special resolution of its members.
PART 4
Prescribed documents
Prescribed formation documents
11
1
For the purposes of section 36 of the 2004 Act, the prescribed formation documents are —
a
a community interest statement signed by each person who is to be a first director of the company; and
b
a declaration that the company, when formed, will not be an excluded company.
2
The declaration referred to in paragraph (1)(b) must be in a form approved by the Regulator and must be made by each person who is to be a first director of the company.
Prescribed conversion documents
12
1
For the purposes of section 37 of the 2004 Act, the prescribed conversion documents are —
a
a community interest statement signed by each person who is a director of the company;
b
a declaration that the company is not an excluded company; and
c
either —
i
a declaration that the company is not a charity or a Scottish charity; or
ii
if the company is not a Scottish charitable company within the meaning of section 40 of the 2004 Act, a declaration that the Charity Commissioners have given the company the written consent required by section 39 of the 2004 Act.
2
The declarations referred to in sub-paragraphs (b) and (c) of paragraph (1) must be in a form approved by the Regulator and must be made by each person who is a director of the company.
PART 5
Alteration of objects
Requirement for Regulator’s approval
13
An alteration of the memorandum of a community interest company with respect to the statement of the company’s objects does not have effect except in so far as it is approved by the Regulator.
Documents to be delivered to registrar of companies
14
1
If a copy of a special resolution under section 4(1) of the 1985 Act is delivered to the registrar of companies pursuant to section 380 of the 1985 Act (registration of resolutions), the company must also deliver —
a
a community interest statement; and
b
a statement, in a form approved by the Regulator, of the steps that have been taken to bring the proposed alteration to the notice of persons affected by the company’s activities.
2
The community interest statement and the statement under paragraph (1)(b) must be signed by each person who is a director of the company.
Decisions etc
15
1
On receiving the copies of the special resolution under section 4(1) of the 1985 Act, the community interest statement delivered under regulation 14(1)(a) and the statement delivered under regulation 14(1)(b), the registrar of companies must —
a
forward a copy of each of the documents to the Regulator; and
b
retain the documents pending the Regulator’s decision.
2
The Regulator must decide whether to approve the proposed alteration of the memorandum of the community interest company with respect to the statement of the company’s objects.
3
The Regulator may approve the proposed alteration if he considers that —
a
the statement of the company’s objects as altered by the special resolution will comply with the requirements imposed by and by virtue of section 32 of the 2004 Act;
b
the company will satisfy the community interest test; and
c
the company has taken reasonable steps to bring the proposed alteration to the notice of persons affected by its activities.
4
In considering whether the company will satisfy the community interest test, the Regulator shall have regard to —
a
the statement of the company’s objects as altered by the special resolution;
b
the community interest statement; and
c
any other relevant considerations.
5
The Regulator must give notice of the decision to the registrar (but the registrar is not required to record it).
6
The registrar shall not —
a
record the special resolution delivered pursuant to section 380 of the 1985 Act;
b
register any copy of the altered memorandum delivered pursuant to section 6 of the 1985 Act; or
c
cause notice of that alteration to be published pursuant to section 711 of the 1985 Act (public notice by registrar of receipt of documents),
unless and until the Regulator has given notice of a decision to approve the proposed alteration.
7
If the Regulator gives notice of a decision to approve the proposed alteration, the registrar shall also —
a
record the community interest statement; and
b
record the statement delivered under regulation 14(1)(b).
8
If the Regulator decides not to approve the proposed alteration of the memorandum of the community interest company with respect to the statement of the company’s objects, the company may appeal to the Appeal Officer against the decision.
Exemptions
16
Regulations 13 to 15 do not apply where a community interest company is to cease being a community interest company by becoming a charity or a Scottish charity and the special resolution to alter the memorandum of the company with respect to the statement of its objects is forwarded to the registrar of companies in accordance with section 54 of the 2004 Act.
PART 6
Restrictions on distributions and interest
Declaration of dividends
17
1
A relevant company may declare a dividend to its members only —
a
to the extent that its memorandum and articles permit it to do so;
b
if an ordinary or special resolution of the company’s members has approved the declaration of the dividend; and
c
if the declaration of the dividend does not cause —
i
the total amount of dividend declared on any of the company’s shares for the financial year for which it is declared to exceed the maximum dividend per share for that financial year; or
ii
the total amount of all the dividends declared on shares in the relevant company for the financial year for which it is declared to exceed the maximum aggregate dividend for that financial year.
2
Paragraph (1)(c) does not apply to a dividend if, or to the extent that, it is an exempt dividend.
3
A dividend declared on a share in a relevant company is an exempt dividend if one of the conditions specified in paragraph (4) and one of the conditions specified in paragraph (5) is satisfied in respect of it.
4
The conditions specified in this paragraph are —
a
that the dividend is declared on a share which is held by an asset-locked body (but this condition is not satisfied in respect of a share which the directors recommending the dividend are aware is being held on trust for a person who is not an asset-locked body);
b
that the dividend is declared on a share which is held on behalf of an asset-locked body (or is believed by the directors recommending the dividend to be so held).
5
The conditions specified in this paragraph are —
a
that the Regulator has consented to the declaration of the dividend;
b
that the asset-locked body by or on behalf of which the share on which the dividend is declared is held (or on behalf of which the directors declaring the dividend believe that it is held) is named in the memorandum or articles of the company as a possible recipient of the assets of the company.
6
If a relevant company has made the substitutions prescribed in regulation 9(2), references to “asset-locked body” in this article shall have effect as if there were substituted for them references to “charitable body”, with the meaning prescribed in regulation 9(1).
Maximum dividend per share
18
1
The maximum dividend per share for a financial year is the dividend which a relevant company declares on a share when the total amount of dividend declared on that share for that year (when expressed as a percentage of the paid up value of the share) equals that share’s applicable share dividend cap.
2
The applicable share dividend cap of a share in a relevant company is the share dividend cap which had effect in relation to that share at the time that the share was issued or the company became a community interest company, whichever is the later.
3
Where the expression of the applicable dividend cap includes reference to a rate or figure determined by any person other than the company, the Regulator or the Secretary of State, the maximum dividend per share for any financial year shall be calculated by reference to that rate or figure as it had effect at the beginning of the first day of that financial year.
Maximum aggregate dividend
19
The maximum aggregate dividend for a financial year of a relevant company is declared when the total amount of all dividends declared on its shares for that year, less the amount of any exempt dividends, equals (when expressed as a percentage of the relevant company’s distributable profits) the aggregate dividend cap which had effect in relation to that company on the first day of the financial year in respect of which the dividends are declared.
Carrying forward of unused dividend capacity from previous financial years
20
1
Notwithstanding regulation 17(1)(c)(i), but subject to regulation 17(1)(c)(ii), the total amount of dividends declared on a share in a relevant company for a financial year may, subject to the company’s articles, include the whole or any part of the share’s unused dividend capacity.
2
For the purposes of this regulation, a share’s unused dividend capacity is A minus B where —
A is the aggregate of any sums by which, for any of the four financial years immediately preceding the financial year for which a dividend is to be declared under this regulation, the total amount of dividend declared and paid on the share for that financial year was less than the maximum dividend per share for that financial year; and
B is any part of A which has already been distributed by way of a dividend declared and paid for a previous financial year.
The interest cap
21
1
This regulation applies to debentures issued by, and debts of, a community interest company in respect of which —
a
a performance-related rate of interest is payable; and
b
the agreement to pay interest at a performance-related rate was entered into by the company on or after the date on which it became a community interest company.
2
In connection with debentures and debts of the kind specified in paragraph (1), a community interest company shall not be liable to pay, and shall not pay, interest at a higher rate than the applicable interest cap.
3
The applicable interest cap is the interest cap which had effect at the time that the agreement to pay interest at a performance-related rate was made.
4
Where the expression of the interest cap includes reference to a rate or figure determined by any person other than the company, the Regulator or the Secretary of State, the interest payable on any debt or debenture to which the interest cap applies shall be calculated by reference to that rate or figure as it had effect at the beginning of the first day of the financial year in which the interest became due.
5
Nothing in paragraph (2) shall be taken as releasing a community interest company from liability to pay, or as preventing a community interest company from paying —
a
interest which accrued before the company became a community interest company; or
b
arrears of interest which if it had been paid at the time it became due would not have breached paragraph (2).
Initial level and subsequent variation of dividend caps and interest cap
22
1
Subject to paragraph (3) —
a
the share dividend cap shall be that percentage of the paid up value of a share in a relevant company which is 5 percentage points higher than the Bank of England’s base lending rate;
b
the aggregate dividend cap shall be 35 per cent of a relevant company’s distributable profits; and
c
the interest cap shall be that percentage of the average amount of a community interest company’s debt, or the sum outstanding under a debenture issued by it, during the 12 month period immediately preceding the date on which the interest on that debt or debenture becomes due (determined in accordance with Schedule 4) which is 4 percentage points higher than the Bank of England’s base lending rate.
2
For the purposes of paragraph (1), the Bank of England’s base lending rate is the base lending rate most recently set by the Monetary Policy Committee of the Bank of England in connection with its responsibilities under Part II of the Bank of England Act 1998.
3
The Regulator may from time to time, with the approval of the Secretary of State, set a new share dividend cap, aggregate dividend cap, or interest cap.
4
A new cap set under paragraph (3) —
a
shall not take effect from a date less than three months after it is published; and
b
subject to paragraphs (5) to (7), may result in a change to both the level of any cap and the way in which it is expressed.
5
The share dividend cap must be expressed as a percentage of the paid up value of the shares to which it applies.
6
The aggregate dividend cap must be expressed as a percentage of distributable profits.
7
The interest cap must be expressed as a percentage of the average amount of a debt, or the sum outstanding under a debenture, during the 12 month period immediately preceding the date on which the interest on that debt or debenture becomes due (determined in accordance with Schedule 4).
8
The Secretary of State may from time to time require the Regulator to review any cap set under this regulation.
Distribution of assets on a winding up
23
1
This regulation applies where —
a
a community interest company is wound up under the Insolvency Act 1986 ; and
b
some property of the company (the “residual assets”) remains after satisfaction of the company’s liabilities.
2
Subject to paragraph (3), the residual assets shall be distributed to those members of the community interest company (if any) who are entitled to share in any distribution of assets on the winding up of the company according to their rights and interests in the company.
3
No member shall receive under paragraph (2) an amount which exceeds the paid up value of the shares which he holds in the company.
4
If any residual assets remain after any distribution to members under paragraph (2) (the “remaining residual assets”), they shall be distributed in accordance with paragraphs (5) and (6).
5
If the memorandum or articles of the company specify an asset-locked body to which any remaining residual assets of the company should be distributed, then, unless either of the conditions specified in sub-paragraphs (b) and (c) of paragraph (6) is satisfied, the remaining residual assets shall be distributed to that asset-locked body in such proportions or amounts as the Regulator shall direct.
6
If —
a
the memorandum and articles of the company do not specify an asset-locked body to which any remaining residual assets of the company should be distributed;
b
the Regulator is aware that the asset-locked body to which the memorandum or articles of the company specify that the remaining residual assets of the company should be distributed is itself in the process of being wound up; or
c
the Regulator —
i
has received representations from a member or director of the company stating, with reasons, that the asset-locked body to which the memorandum or articles of the company specify that the remaining residual assets of the company should be distributed is not an appropriate recipient of the company’s remaining residual assets; and
ii
has agreed with those representations,
then the remaining residual assets shall be distributed to such asset-locked bodies, and in such proportions or amounts, as the Regulator shall direct.
7
In considering any direction to be made under this regulation, the Regulator must —
a
consult the directors and members of the company, to the extent that he considers it practicable and appropriate to do so; and
b
have regard to the desirability of distributing assets in accordance with any relevant provisions of the company’s memorandum and articles.
8
The Regulator must give notice of any direction under this regulation to the company and the liquidator.
9
This regulation has effect notwithstanding anything in the Insolvency Act 1986.
10
This regulation has effect subject to the provisions of the Housing Act 1996 and the Housing (Scotland) Act 2001 .
11
Any member or director of the company may appeal to the Appeal Officer against a direction of the Regulator made under this regulation.
Redemption and purchase of shares
24
A relevant company may not distribute assets to its members by way of the redemption or purchase of the company’s own shares, unless the amount to be paid by the company in respect of any such share does not exceed the paid up value of the share.
Reduction of share capital
25
A relevant company may not distribute assets to its members by way of a reduction of the company’s share capital unless —
a
the reduction is made by extinguishing or reducing the liability of any of the members on any of the company’s shares in respect of share capital not paid up; or
b
the amount to be paid by the company to members in paying off paid up share capital does not exceed the paid up value of their respective shares.
PART 7
Community interest company report
General
26
1
Every community interest company report shall contain —
a
a fair and accurate description of the manner in which the company’s activities during the financial year have benefited the community;
b
a description of the steps, if any, which the company has taken during the financial year to consult persons affected by the company’s activities, and the outcome of any such consultation; and
c
the information specified in paragraphs 1 to 14 of Part 1 of Schedule 6 to the 1985 Act (chairman’s and directors' emoluments, pensions and compensation for loss of office) save that the information specified in paragraphs 2 to 14 shall be given only in the case of a company which is not a quoted company.
2
If, during a financial year, a community interest company has transferred any of its assets other than for full consideration —
a
to any asset-locked body (other than by way of an exempt dividend); or
b
for the benefit of the community other than by way of transfer to an asset-locked body,
its community interest report for that financial year shall specify the amount, or contain a fair estimate of the value, of such transfer.
3
If —
a
a community interest company has provided the information required by paragraph (1)(c) in its copy of the annual accounts for the year delivered to the registrar of companies under section 242(1) of the 1985 Act ; and
b
its community interest company report contains a statement that details of the remuneration of the directors of the company during the financial year may be found in the notes to the annual accounts of the company,
the community interest company report need not contain the information required by paragraph (1)(c).
Information about dividends
27
1
This regulation applies to the community interest company report of any community interest company —
a
which has declared, or whose directors propose to declare, a dividend for the financial year to which the report relates; or
b
which has declared a dividend for any of the four financial years immediately preceding that financial year.
2
The report must state —
a
the amount of any dividend declared, or proposed to be declared, by the company on each of its shares for the financial year to which the report relates; and
b
for each of the four financial years immediately preceding the financial year to which the report relates (in so far as the company was formed and trading during that period) —
i
the amount of any dividend declared and paid on each of the company’s shares; and
ii
the maximum dividend per share in respect of each of the company’s shares.
3
The report must also explain how the declaration or proposed declaration of any dividend declared, or proposed to be declared, by the company in respect of the financial year to which the report relates complies, or will comply, with regulations 17 to 20.
4
The explanation provided under paragraph (3) must include details of —
a
in the case of an exempt dividend, why it is an exempt dividend;
b
in the case of any other dividend —
i
the applicable share dividend cap and the maximum dividend per share for each share on which the dividend has been, or is to be, declared;
ii
the amount of any unused dividend capacity distributed or to be distributed as part of the dividend declared, or proposed to be declared; and
iii
the maximum aggregate dividend,
and how each of these has been determined.
Information about debts or debentures on which a performance-related rate is payable
28
1
Where a community interest company has at any time during the financial year a debt outstanding, or a debenture in issue, to which regulation 21 applies, its community interest company report must state —
a
the rate of interest payable on that debt or debenture as calculated over a 12 month period ending with the most recent date on which interest became payable in respect of that debt or debenture during the financial year; and
b
the applicable interest cap applying to that debt or debenture,
and how each of these has been determined.
2
Where the company has at any time during the financial year a debt outstanding, or a debenture in issue, to which regulation 21 does not apply, but on which a performance-related rate is payable, its community interest company report must state —
a
the rate of interest payable on that debt or debenture as calculated over a 12 month period ending with the most recent date on which interest became payable in respect of that debt or debenture during the financial year; and
b
why regulation 21 does not apply to that debt or debenture.
Application of the 1985 Act
29
1
The following provisions of the 1985 Act shall apply to the community interest company report as they apply to the directors' report:
section 234A (approval and signing of directors' report);
section 238 (persons entitled to receive copies of accounts and reports);
section 239 (right to demand copies of accounts and reports);
section 241 (accounts and reports to be laid before company in general meeting);
section 244 (period allowed for laying and delivering accounts and reports);
section 245(1) and (2) (voluntary revision of accounts or directors' report); and
section 252(1), (2) and (4) (election to dispense with laying of accounts and reports before general meeting).
PART 8
Managers
Remuneration
30
1
The Regulator is authorised to determine the amount of a manager’s remuneration.
2
The remuneration of a manager shall be payable out of the income of the community interest company in respect of which the manager was appointed.
3
The Regulator is authorised to disallow any amount of remuneration of a manager if —
a
the time specified in the notice referred to in regulation 32(2) has expired; and
b
the Regulator —
i
has considered such representations, if any, as are duly made in response to such a notice; and
ii
is satisfied that the manager has failed in such manner as is set out in sub-paragraph (a)(i) or (ii) of regulation 32(1) and specified in such a notice.
Security
31
The Regulator is authorised to require the manager to give security to him for the due discharge of the manager’s functions within such time and in such form as the Regulator may specify.
Failure and removal
32
1
Where —
a
it appears to the Regulator that a manager has failed —
i
to give security within such time or in such form as the Regulator has specified; or
ii
satisfactorily to discharge any function imposed on the manager by or by virtue of the order by which the manager was appointed or by regulation 33; and
b
the Regulator wishes to consider exercising his powers under regulation 30(3) or paragraph (3) of this regulation,
the Regulator shall give the manager, whether in person or by post, a written notice complying with paragraph (2).
2
A notice given to a manager under paragraph (1) shall inform the manager of —
a
any failure under paragraph (1)(a) in respect of which the notice is issued;
b
the Regulator’s power under regulation 30(3) to authorise the disallowance of any amount of remuneration if satisfied as to any such failure;
c
the Regulator’s power under paragraph (3) to remove the manager if satisfied as to any such failure; and
d
the manager’s right to make representations to the Regulator in respect of any such alleged failure within such reasonable time as is specified in the notice.
3
The Regulator may remove a manager (whether or not he also exercises the power conferred by regulation 30(3)) if —
a
the time specified in the notice referred to in paragraph (2) has expired; and
b
the Regulator —
i
has considered such representations, if any, as are duly made in response to such a notice; and
ii
is satisfied that the manager has failed in such manner as is set out in paragraph (1)(a)(i) or (ii) and specified in such notice.
Reports
33
The manager must make such reports to the Regulator as the Regulator may from time to time require on such matters and in such form as the Regulator specifies.
PART 9
The registrar of companies
Modifications and amendments
34
1
The registrar of companies shall not cause to be published in the Gazette notice pursuant to section 711 of the 1985 Act of the receipt of documents under sections 37 or 54 of the 2004 Act unless the registrar records those documents pursuant to sections 38(6) or 55(6) of the 2004 Act.
2
In section 715A of the 1985 Act (interpretation), after subsection (2) insert —
3
References in this Part to the Companies Acts include Part 2 of the Companies (Audit, Investigations and Community Enterprise) Act 2004.
3
In section 710B(1)(a) of the 1985 Act (documents relating to Welsh companies), for “or the Insolvency Act 1986” substitute “, the Insolvency Act 1986 or Part 2 of the Companies (Audit, Investigations and Community Enterprise) Act 2004”.
4
For the purposes of Part 24 of the 1985 Act, these Regulations shall be regarded as provisions of Part 2 of the 2004 Act.
Documents
35
1
The registrar of companies shall, on receiving any notice under section 109(1) of the Insolvency Act 1986 (notice by liquidator of his appointment) in relation to a community interest company, provide a copy of that notice to the Regulator.
2
The registrar of companies shall, on receiving any copy of a winding-up order forwarded under section 130(1) of the Insolvency Act 1986 (consequences of a winding-up order) in relation to a community interest company, provide the Regulator with a copy of that winding-up order.
PART 10
Fees
Fees payable by a community interest company
36
The fees set out in the second column of Schedule 5 —
a
shall be the fees payable in connection with the Regulator’s functions in relation to the matters set out in the first column of that Schedule;
b
shall be payable as stated in the third column of that Schedule; and
c
shall be paid to the registrar of companies.
PART 11
The Appeal Officer
Time limits
37
1
Unless paragraph (2) applies, an appeal to the Appeal Officer must be made by sending a notice of appeal to the Regulator so that it is received within two months of the date upon which the appellant was given reasons for the disputed order or decision in accordance with section 61(5) of the 2004 Act.
2
When an appeal is brought against a direction of the Regulator made under regulation 23, it must be made by sending a notice of appeal to the Regulator so that it is received within three weeks of the date upon which notice of the disputed direction was given to the community interest company in accordance with regulation 23(8).
3
On receiving the notice of appeal, the Regulator must —
a
send an acknowledgement of its receipt to the appellant together with a copy of any statement made under paragraph (4); and
b
forward the notice of appeal to the Appeal Officer endorsed with the date of receipt.
4
Where paragraph (2) applies, the Regulator must forward with the notice of appeal a statement —
a
of the date upon which notice of the disputed direction or decision was given to the community interest company in accordance with regulation 23(8); or
b
that no such notice was given.
Notice of appeal
38
1
The notice of appeal must state —
a
the name and address of the appellant; and
b
an address for service in Great Britain.
2
Unless regulation 37(2) applies, the notice of appeal must —
a
specify as precisely as the appellant is able the date or dates on which the appellant was given reasons by the Regulator for the disputed order or decision; or
b
include a statement that no such reasons were given.
3
The notice of appeal must contain —
a
a statement of the grounds for the appeal;
b
details of the disputed order, decision or direction;
c
a succinct presentation of the arguments supporting each of the grounds of appeal; and
d
a schedule listing all the documents annexed to the notice of appeal.
4
There shall be annexed to the notice of appeal —
a
in the case of a disputed order or decision, a copy of any reasons given by the Regulator under section 61(5) of the 2004 Act; and
b
as far as practicable a copy of every document on which the appellant relies.
5
The notice of appeal must be signed and dated by the appellant, or on his behalf by his duly authorised officer or his legal representative.
Appeal procedure etc
39
1
The Regulator may make a written response to the notice of appeal.
2
Any such written response must be sent to the Appeal Officer so that it is received by him within two weeks of the date on which the Regulator received the notice of appeal or such further time as the Appeal Officer may allow.
3
The Appeal Officer must send a copy of the written response to the appellant.
4
The Appeal Officer may give the appellant and the Regulator the opportunity to make further written or oral representations.
5
The Appeal Officer may specify the time and manner in which such further representations are to be made.
6
The Appeal Officer may —
a
make enquiries of any person;
b
receive representations from any person;
c
hold any meeting or hearing; and
d
subject to these Regulations, follow such practice and procedure,
as he thinks fit, having regard to the just, expeditious and economical conduct of the appeal.
7
The Appeal Officer may specify the time and place at which any meeting or hearing is to be held.
Determination of appeal
40
In determining an appeal, the Appeal Officer shall have regard to all matters that appear to him to be relevant.
Dismissal of appeal
41
1
The Appeal Officer may dismiss an appeal at any stage if he considers that —
a
the notice of appeal discloses no valid ground of appeal;
b
the notice of appeal fails to comply with the requirements of regulation 38; or
c
the appellant is not entitled to bring the appeal.
2
The Appeal Officer must dismiss an appeal if he considers that the appeal was not brought within the time limits imposed by regulation 37 unless he is satisfied that the circumstances are exceptional.
3
The Appeal Officer may dismiss an appeal at any stage at the request of the appellant.
Reasons
42
1
The Appeal Officer must give reasons for a decision to —
a
dismiss an appeal;
b
allow an appeal; or
c
remit a case to the Regulator.
2
The reasons must be given to the Regulator and to the person bringing the appeal.
3
The Appeal Officer must make such arrangements for the publication of the decisions listed in paragraph (1) and his reasons for them as he considers appropriate.
Alun Michael
Minister for Industry and the Regions
Department of Trade and Industry
30th June 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 (Public Health Laboratory Service Board) (Consequential Provisions) Order 2005 and shall come into force on 15th July 2005.
2
In this Order —
“ the Act ” means the Health and Social Care (Community Health and Standards) Act 2003;
“the PHLS ” means the Public Health Laboratory Service Board .
PHLS – Accounts
2
1
The Secretary of State must prepare the annual accounts of the PHLS in respect of the year beginning on 1st April 2004 and ending on 31st March 2005 in such form as she, with the approval of the Treasury, may determine.
2
The Secretary of State must send copies of those annual accounts on or before 31st October 2005 to the Comptroller and Auditor General.
3
The Comptroller and Auditor General must examine, certify and report on those annual accounts and lay copies of those accounts and of his report before each House of Parliament.
PHLS – revocations
3
The enactments mentioned in the Schedule are revoked to the extent specified.


text:
Citation and commencement
1
1
These Regulations may be cited as the Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005 and shall come into force on 31 st March 2005.
2
These Regulations apply to a person who is receiving accommodation when these Regulations come into force to the same extent as they apply to a person provided with accommodation after these Regulations come into force.
Interpretation
2
In these Regulations–
“the 1999 Act ” means the Immigration and Asylum Act 1999;
“destitute” is to be construed in accordance with section 95(3) of the 1999 Act ; and
“reporting requirement” means a condition or restriction which requires a person to report to the police, an immigration officer or the Secretary of State, and is imposed under–
paragraph 21 of Schedule 2 to the Immigration Act 1971 (temporary admission or release from detention) ,
paragraph 22 of that Schedule , or
paragraph 2 or 5 of Schedule 3 to that Act (pending deportation) .
Eligibility for and provision of accommodation to a failed asylum-seeker
3
1
Subject to regulations 4 and 6, the criteria to be used in determining the matters referred to in paragraphs (a) and (b) of section 4(5) of the 1999 Act in respect of a person falling within section 4(2) or (3) of that Act are–
a
that he appears to the Secretary of State to be destitute, and
b
that one or more of the conditions set out in paragraph (2) are satisfied in relation to him.
2
Those conditions are that–
a
he is taking all reasonable steps to leave the United Kingdom or place himself in a position in which he is able to leave the United Kingdom, which may include complying with attempts to obtain a travel document to facilitate his departure;
b
he is unable to leave the United Kingdom by reason of a physical impediment to travel or for some other medical reason;
c
he is unable to leave the United Kingdom because in the opinion of the Secretary of State there is currently no viable route of return available;
d
he has made an application for judicial review of a decision in relation to his asylum claim–
i
in England and Wales, and has been granted permission to proceed pursuant to Part 54 of the Civil Procedure Rules 1998 ,
ii
in Scotland, pursuant to Chapter 58 of the Rules of the Court of Session 1994 or
iii
in Northern Ireland, and has been granted leave pursuant to Order 53 of the Rules of Supreme Court (Northern Ireland) 1980 ; or
e
the provision of accommodation is necessary for the purpose of avoiding a breach of a person’s Convention rights, within the meaning of the Human Rights Act 1998 .
Community activities: general
4
1
Where the Secretary of State so determines, the continued provision of accommodation to a person falling within section 4(2) or (3) of the 1999 Act is to be conditional upon that person’s performance of or participation in such community activity as is described in this regulation and is from time to time notified to the person in accordance with regulation 5.
2
In making the determination referred to in paragraph (1), regard will be had to the following matters–
a
the length of time that he believes the person will continue to be eligible for accommodation,
b
the arrangements that have been made for the performance of or participation in community activities in the area in which the person is being provided with accommodation,
c
any relevant health and safety standards which are agreed between the Secretary of State and a person with whom he has made arrangements for the provision of community activities in the person’s area,
d
whether the person is in the Secretary of State’s belief unable to perform or participate in community activities because of a physical or mental impairment or for some other medical reason,
e
whether the person is in the Secretary of State’s belief unable to perform or participate in community activities because of a responsibility for the care of a dependant child or of a dependant who because of a physical or mental impairment is unable to look after himself, and
f
any relevant information provided to the Secretary of State, regarding the person’s suitability to perform or participate in particular tasks, activities or a range of tasks or activities.
3
Paragraph (1) does not apply in relation to a person who is under the age of 18.
4
No condition on the continued provision of accommodation will require a person to perform or participate in community activities for more than 35 hours in any week, including the weekend.
Community activities: Relevant information
5
A notice under regulation 4(1) falls within this regulation if it contains the following information–
a
the task, activity or range of tasks or activities in the area in which the person lives which are to be performed or participated in as community activities,
b
the geographical location at which the community activities will be performed or participated in,
c
the maximum number of hours per week that the person will be expected to perform or participate in community activities, where it is possible for the Secretary of State to so specify, and
d
the date upon which the task, activity or range of tasks or activities to be performed or participated in as community activities will commence and, where it is possible for the Secretary of State to so specify, the length of time such community activities will last.
Other conditions on continued provision of accommodation
6
1
The continued provision of accommodation to a person falling within section 4(2) or (3) of the 1999 Act is to be subject to such other conditions falling within paragraph (2) as–
a
the Secretary of State may from time to time determine, and
b
are set out in a notice to that person in writing.
2
A condition falls within this paragraph to the extent that it relates to–
a
complying with specified standards of behaviour,
b
complying with a reporting requirement,
c
complying with a requirement–
i
to reside at an authorised address, or
ii
if he is absent from an authorised address without the permission of the Secretary of State, to ensure that that absence is for no more than seven consecutive days and nights or for no more than a total of fourteen days and nights in any six month period, or
d
complying with specified steps to facilitate his departure from the United Kingdom.
Des Browne
Minister of State
Home Office
24th March 2005


text:
Citation commencement and interpretation
1
1
This Order may be cited as the Ulster Defence Regiment (Amendment) Order 2005 and shall come into force on 5th December 2005.
2
In this Order the expression “the principal Order ” means the Order by Her Majesty dated 4th January 1971.
Amendment of article 3 of the principal Order
2
In article 3 of the principle Order, after “widower,” insert “surviving civil partner,”.
A.K. Galloway
Clerk of the Privy Council