text:
Citation and commencement
1
1
This Order may be cited as the City of Nottingham (Electoral Changes) (Amendment) Order 2005.
2
This Order shall come into force on the day after that on which it is made.
Amendment to the 2000 Order
2
1
The City of Nottingham (Electoral Changes) Order 2000 shall be amended as follows:
2
In article 1(3) for the last sub-paragraph substitute the following —
any reference to the map is a reference to the map marked “Revised (2005) Map referred to in the City of Nottingham (Electoral Changes) Order 2000”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Nottingham City Council.
.
3
After article 2 shall be inserted —
Maps
2A
Nottingham City Council shall make a print of the map marked “Revised (2005) Map referred to in the City of Nottingham (Electoral Changes) Order 2000” available for inspection at its offices by any member of the public at any reasonable time.
.
Sealed with the seal of the Electoral Commission on the 29th day of September 2005
Sam Younger
Chairman of the Commission
29th September 2005
Jacqui Dixon
Secretary to the Commission
29th September 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Employment Zones (Allocation to Contractors) Pilot Regulations 2005 and shall come into force on 25th April 2005.
2
These Regulations shall cease to have effect on 24th April 2006 unless revoked with effect from an earlier date.
Interpretation
2
In these Regulations —
“the 1999 Act ” means the Welfare Reform and Pensions Act 1999 ;
“claimant” means a claimant for a jobseeker’s allowance ;
“employment officer” means an officer of the Secretary of State or such other person as may be designated for the purposes of sections 8 and 19 of the Jobseekers Act 1995 by an order made by the Secretary of State;
“employment zone” means an area within Great Britain listed in the Schedule to these Regulations as an area designated by the Secretary of State pursuant to section 60 of the 1999 Act as an area wherein an employment zone programme subject to these Regulations is established;
“employment zone contractor” means a person who is providing an employment zone programme on behalf of the Secretary of State;
“employment zone programme” means a scheme which is designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment and which is established by the Secretary of State pursuant to section 60 of the 1999 Act for an employment zone;
“ Employment Zones Regulations ” means the Employment Zones Regulations 2000 , the Employment Zones Regulations 2003 or the Employment Zones (Allocation to Contractors) Pilot Regulations 2004 ;
“New Deal for Young People ” means a programme provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 and specified in regulation 75(1)(a)(ii) or 75(1)(b)(ii) of the Jobseeker’s Allowance Regulations 1996 .
Referral to an employment zone programme
3
1
An employment officer may, on a sampling basis, select a claimant who is aged 25 years or over and ordinarily resident within an employment zone to participate in an employment zone programme with a particular employment zone contractor if, in the period immediately preceding the date on which the selection is made, the claimant —
a
was entitled to a jobseeker’s allowance for a continuous period of at least 18 months;
b
was entitled to a jobseeker’s allowance for a cumulative total of at least 18 months out of the previous 21 months; or
c
had participated in an employment zone programme pursuant to the Employment Zones Regulations or these Regulations in the previous twelve months but did not complete the programme.
2
An employment officer may, on a sampling basis, select a claimant who is aged 18 years or over but less than 25 years who is ordinarily resident within an employment zone to participate in an employment zone programme with a particular employment zone contractor if, in the period immediately preceding the date on which the selection is made, the claimant —
a
was entitled to a jobseeker’s allowance for a continuous period of at least six months after participating in a New Deal for Young People programme or an employment zone programme pursuant to the Employment Zones Regulations or these Regulations;
b
was entitled to a jobseeker’s allowance for a cumulative period of at least six months after participating in a New Deal for Young People programme or an employment zone programme pursuant to the Employment Zones Regulations or these Regulations provided that any breaks in that period of entitlement do not exceed a period of 28 days in total; or
c
had participated in an employment zone programme pursuant to the Employment Zones Regulations or these Regulations in the previous twelve months but did not complete the programme.
3
The employment officer shall notify the claimant in writing that he is required to participate in the employment zone programme provided by that employment zone contractor.
Early entry to an employment zone programme
4
1
An employment officer may, on a sampling basis, select a claimant to participate in an employment zone programme with a particular employment zone contractor provided that the claimant has asked to participate in an employment zone programme and —
a
his personal circumstances place him at a significant disadvantage in obtaining employment; and
b
he is ordinarily resident within an employment zone or his address for payment of his jobseeker’s allowance is located within an employment zone.
2
The employment officer shall notify the claimant in writing that he is required to participate in the employment zone programme provided by that employment zone contractor.
Stages of an employment zone programme
5
1
An employment zone programme shall consist of two stages —
a
the first stage shall last for a maximum period of 28 days excluding public holidays;
b
the second stage shall last for a maximum period of 26 weeks.
2
A claimant begins to participate in the first stage of an employment zone programme on the day when he attends an initial interview with an employment officer who is an employment zone programme adviser following a written notification of his selection for participation given under regulation 3 or 4.
3
A claimant shall cease to participate in the first stage on the day specified by an employment officer in a written notification to the claimant.
4
A claimant begins to participate in the second stage of an employment zone programme on the day specified by an employment officer in a written notification to the claimant.
5
A claimant shall cease to participate in the second stage on the day specified by an employment officer in a written notification to the claimant.
6
In this regulation “public holiday” means Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of Great Britain.
Suspension of the requirements of the Jobseekers Act 1995
6
1
During the claimant’s participation in the first stage of an employment zone programme the condition for receipt of a jobseeker’s allowance specified in section 1(2)(b) of the Jobseekers Act 1995 that the claimant has entered into a jobseeker’s agreement which remains in force is suspended.
2
During the claimant’s participation in the second stage of an employment zone programme the conditions for receipt of a jobseeker’s allowance specified in section 1(2) of the Jobseekers Act 1995 shall apply with the suspension of the conditions in section 1(2)(a) to (c) of that Act that the claimant —
a
is available for employment;
b
has entered into a jobseeker’s agreement which remains in force; and
c
is actively seeking employment.
Amendment of the Jobseeker’s Allowance Regulations 1996
7
1
In the case of a person who is selected on a sampling basis to participate in an employment zone programme with a particular employment zone contractor under regulation 3 or 4, regulation 75(1)(a)(iii) of the Jobseeker’s Allowance Regulations 1996 shall apply with the addition of the words “, or the Employment Zones (Allocation to Contractors) Pilot Regulations 2005” after the words “the Employment Zones Regulations 2003”.
2
Where the Secretary of State is satisfied that a person to whom paragraph (1) would otherwise apply is no longer ordinarily resident within an employment zone or, in the case of a person to whom regulation 4 applies, his address for payment of his jobseeker’s allowance is no longer within an employment zone, then —
a
any sanction incurred by that person under sections 19 or 20A of the Jobseekers Act 1995 as a result of his refusing or failing to participate in, or giving up a place on an employment zone programme as specified in regulation 75(1)(a)(iii) of the Jobseeker’s Allowance Regulations 1996 as amended by paragraph (1) shall end and, subject to sub-paragraph (b), these Regulations shall cease to apply to that person; and
b
where that person asks to complete an employment zone programme in which he is participating, these Regulations, other than paragraph (1) of this regulation, shall continue to apply.
Transitional Arrangements
8
1
Subject to paragraph (2), regulations 5 to 7 of these Regulations shall apply to a claimant who was selected to participate in an employment zone programme under regulation 3 or 4 of the Employment Zones (Allocation to Contractors) Pilot Regulations 2004 before the 25th April 2005 but did not complete the programme before those Regulations expired.
2
A claimant to whom paragraph (1) applies shall be treated as completing so much of an employment zone programme for the purposes of regulations 5 and 6 of these Regulations as is equal to the period of his participation in the employment zone programme subject to the Employment Zones (Allocation to Contractors) Pilot Regulations 2004.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
6th April 2005


text:
Citation, commencement, interpretation
1
1
These Regulations may be cited as the Reserve Forces (Provision of Information by Persons Liable to be Recalled) (Amendment) Regulations 2005 and shall come into force on 5 th December 2005.
2
In these Regulations “the 1997 Regulations” means the Reserve Forces (Provision of Information by Persons Liable to be Recalled) Regulations 1997 .
Amendment of the 1997 Regulations
2
In regulation 4(2)(b)of the 1997 Regulations for the words “his marital status” there shall be substituted “his marital or civil partnership status”.
Don Touhig
Parliamentary Under Secretary of State Ministry of Defence
9th November 2005


text:
Title and commencement
1
These Regulations may be cited as the Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) (Amendment) Regulations 2005 and shall come into force on 25th June 2005.
Amendment of Regulations
2
The Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) Regulations 2001 are amended as follows.
Interpretation
3
At the end of the definition of “the EIA Directive ” in regulation 2(1) add “as last amended by Directive 2003/35/ EC ” .
Application of Regulations
4
In regulation 3 —
a
after “from” in paragraph (3) insert “regulations 4 to 25”; and
b
after paragraph (4) add —
5
Where the Secretary of State proposes to give a direction under paragraph (3) she shall —
a
consider whether any assessment of the project would be appropriate, other than an assessment of the kind which, if regulations 4 to 25 of these Regulations applied to the project, would be required prior to a screening decision under regulation 5(4) or a decision to grant or refuse consent under regulation 13(1); and
b
take such steps as she considers appropriate to bring to the attention of the public —
i
the information considered in making the direction and the reasons for doing so, and
ii
the information obtained from any assessment of the project under sub-paragraph (a).
.
Provision of information
5
In regulation 8, for paragraph (3) substitute —
3
Paragraph (1) shall not require a consultation body to make available to the applicant any information which —
a
it may refuse to disclose under regulation 12(1) of the Environmental Information Regulations 2004 ; or
b
it is prevented from disclosing by regulation 13(1) of those Regulations.
4
Where a consultation body is not a public authority within the meaning of regulation 2(2) of the Environmental Information Regulations 2004, paragraph (3) shall apply as if it were such a public authority.
.
The consent application
6
In regulation 9(3)(b) —
a
after “publish in a newspaper circulating in the locality of the relevant land” insert “and on an appropriate website”;
b
in sub-paragraph (ii), after “publication of the notice” omit “and”;
c
after sub-paragraph (iii), add —
iv
stating that, if consent is granted, it shall be subject to the conditions specified in regulation 13(11) and to any such additional conditions as the Secretary of State may think fit; and
v
stating, where relevant, which of the other EEA States, the authorities referred to in Article 6(1) of the EIA Directive and the public concerned in any such EEA State, will be consulted on the application.
.
Additional information
7
In regulation 10 —
a
in paragraph (1), for “the environmental statement” substitute “a statement included with an application for consent made under regulation 9(1) which purports to be an environmental statement”;
b
in paragraph (3), after “publish in a newspaper circulating in the locality of the relevant land” insert “and on an appropriate website”.
Other EEA States
8
In regulation 11 —
a
in paragraph (2), for “additional environmental information”, substitute “further information she considers relevant to the application”;
b
after paragraph (6), add —
7
Where another EEA State has taken a decision to grant or refuse development consent and has informed the Secretary of State of that decision in accordance with Article 9(2) of the EIA Directive, the Secretary of State shall take such steps as she considers appropriate to bring to the attention of the public any information received from that EEA State in relation to that decision.
.
The consent decision
9
In regulation 13 —
a
in paragraph (12)(a), for “of her decision together with the full reasons and considerations on which the decision is based”, substitute —
of —
i
her decision;
ii
the full reasons and considerations on which the decision is based; and
iii
any representations made by the public concerned in relation to the application.
b
in paragraph (12)(c), at the end of sub-paragraph (ii), omit “and”;
c
in paragraph (12)(c), at the end of sub-paragraph (iii), add —
iv
a summary of any representations made by the public concerned in relation to the application; and
v
information regarding the right to challenge the decision and the procedures for doing so.
.
Jim Knight
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
25th May 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Greater London Authority (Allocation of Grants for Precept Calculations) Regulations 2005 and shall come into force on 9th February 2005.
2
These Regulations have effect in relation to the financial year beginning on 1st April 2005.
Amounts of P1 and P2
2
1
The amounts in column 2 of the Table are specified in respect of the items (other than police grant) listed in column 1, as the amounts the aggregate of which constitutes P1 for the purposes of section 88(2) of the Greater London Authority Act 1999 .
2
The amounts in column 3 of the Table are specified in respect of the items listed in column 1, as the amounts the aggregate of which constitutes P2 for the purposes of section 89(4) of the Greater London Authority Act 1999 .
Table
Column 1 Column 2 Amounts for P1 £ Column 3 Amounts for P2 £
Redistributed non-domestic rates 85,354,504 119,899,098 Revenue Support Grant 191,738,882 630,675,517 General GLA Grant 37,493,000 Nil Additional Grant Nil Nil Police Grant Not applicable 1,177,238,422
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State Office of the Deputy Prime Minister
7th February 2005


text:
Citation and commencement
1
These Regulations may be cited as the Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2005 and shall come into force on 4th April 2005.
Amendment of Immigration (European Economic Area) Regulations 2000
2
1
The Immigration (European Economic Area) Regulations 2000 are amended as follows.
2
In regulation 27(1), for “adjudicator” there is substituted “Asylum and Immigration Tribunal”.
3
In regulation 29(6) and (7), regulation 31(6), the heading to regulation 32, regulation 33(1B), the heading to Schedule 2 and Schedule 2, for “an adjudicator” there is substituted “the Asylum and Immigration Tribunal”.
4
In Schedule 2, for “sections 101 to 103”, there is substituted “sections 103A to 103E” .
Des Browne
Minister of State
Home Office
9th March 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Energy Act 2004 (Commencement No. 6) Order 2005.
2
In this Order —
“ the Act ” means the Energy Act 2004;
“adjustment formula” means a formula under which the price of electricity is adjusted having regard to the current market price of some other commodity;
“affiliate”, in relation to a body corporate that is the owner or operator of a generating station, means a subsidiary or holding company of that body corporate and any subsidiary or holding company of such holding company (and, for the purposes of this definition, “subsidiary” and “holding company” have the meanings ascribed to them in section 736 of the Companies Act 1985 );
“applicable turnover” means the amounts, ascertained in conformity with normal accounting practice in Great Britain, which are —
derived by a high electricity user from the provision of goods and services within that person’s ordinary activities; and
computed on an accruals basis so that the amounts referred to in paragraph (a) relating to the period for which applicable turnover is being determined are taken into account, without regard to the date of invoice or receipt of payment,
after deduction of value added tax and any other taxes based on such amounts;
“connected person”, in relation to an owner or operator of a generating station, means a person connected to him within the meaning of section 839 of the Income and Corporation Taxes Act 1988 ;
“distribution system” and “transmission system” have the meaning that those terms bear in the Electricity Act 1989 ;
“high electricity user” means a body corporate which, for each year since the commencement of a long term, fixed-price contract under which electricity is supplied to it, has spent in excess of twenty per cent of its applicable turnover on electricity, and which receives under that contract at least ninety per cent of all the electricity which it receives;
“long term, fixed-price contract” means a contract entered into before 1st April 2002 which is still in force on the date this Order is made, and which provides for an electricity generator (or a person who is a connected person or an affiliate in relation to an electricity generator) to provide a specified amount (or a specified maximum amount) of electricity to a specified consumer at a price which is specified either numerically or by reference to an adjustment formula; and
“stand-by electricity” means electricity conveyed temporarily, periodically or intermittently to make good any unplanned shortfall in the availability of electricity to the recipient for its own consumption from a generating station owned or operated by the recipient or by a person who is a connected person or an affiliate in relation to the recipient, where such shortfall arises from that generating station being wholly or partly out of commission for a temporary period.
Commencement
2
Section 177 of the Act shall come into force on 1st November 2005.
3
1
Except for the purposes mentioned in paragraph (2), section 179 of the Act shall come into force on 1st April 2006.
2
Section 179 shall come into force on 1st April 2010 —
a
for the purposes of sections 32 to 32C of the Electricity Act 1989, in respect of any electricity which (without being conveyed to the premises wholly or partly by means of a distribution system) is supplied to premises occupied by a high electricity user from a substation to which it has been conveyed by means of a transmission system; and
b
in respect of any electricity which, being stand-by electricity, is supplied (without being conveyed to the premises wholly or partly by means of a distribution system) to premises occupied by a body corporate from a substation to which it has been conveyed by means of a transmission system.
4
Section 197(9) and Part 1 of Schedule 23, in so far as they relate to the repeal of section 28(3)(b) of the Utilities Act 2000 , shall come into force —
a
on 1st April 2006 except for the purposes mentioned in article 3(2); and
b
on 1st April 2010 for those purposes.
Malcolm Wicks
Minister for Energy,
Department of Trade and Industry
17th October 2005


text:
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) (No. 3) Order 2005 and shall come into force on 14th December 2005.
Establishment of safety zones
2
A safety zone is established around each installation specified in column 1 of the Schedule (being an installation stationed in waters to which subsection (7) of section 21 of the Petroleum Act 1987 applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by the authority of the Secretary of State for Work and Pensions
Philip A Hunt
Parliamentary Under Secretary of State,
Department for Work and Pensions
23rd November 2005


text:
Citation and commencement
1
These Regulations may be cited as the Revenue and Customs (Inspections) Regulations 2005 and shall come into force on 29th April 2005.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Commissioners for Revenue and Customs Act 2005;
“appropriate inspectors” means in relation to —
an inspection in England and Wales, the inspectors of constabulary,
an inspection in Scotland, the inspectors of constabulary and the Scottish inspectors acting jointly,
an inspection in Northern Ireland, the Northern Ireland inspectors;
“Chairman” means the Commissioner for the time being designated as chairman of Her Majesty’s Revenue and Customs in Letters Patent under section 1(1) of the Act;
“civil penalty” means any penalty for which the Commissioners have power under any enactment to make an assessment or a demand;
“Commissioners” means the Commissioners for Revenue and Customs;
“criminal investigation” means any investigation for the purpose of considering whether an offence has been committed or discovering by whom an offence has been committed;
“ Director ” means the Director of Revenue and Customs Prosecutions;
“inspectors of constabulary” means Her Majesty’s Inspectors of Constabulary;
“officer” means an officer of Revenue and Customs;
“revenue” has the meaning given by section 5(4) of the Act;
“risk” means the likelihood of an officer or the Commissioners doing or omitting to do something which affects —
the prevention, detection or investigation of an offence by an officer or the Commissioners,
any criminal proceedings in England and Wales conducted by the Director,
any criminal proceedings conducted in Scotland under the direction of the Lord Advocate or a procurator fiscal, or
any criminal proceedings conducted in Northern Ireland by the Commissioners or the Director of Public Prosecutions for Northern Ireland,
and the possible effect of such an act or omission on the prevention, detection or investigation of that offence or those proceedings.
2
A reference to the Scottish inspectors or to the Northern Ireland inspectors has the same meaning as in section 27(6) of the Act.
Inspection Functions: England and Wales
3
1
The inspectors of constabulary may carry out inspections in England and Wales for the purpose of assessing the effectiveness of the following conduct —
a
any acts or omissions of an officer or the Commissioners in connection with the prevention, detection or investigation of an offence by him or them, or
b
any acts or omissions of an officer or the Commissioners in connection with criminal proceedings conducted by the Director.
2
The inspectors of constabulary may carry out inspections in England and Wales to assess the effectiveness of any matter described in regulation 6.
3
The inspectors of constabulary may exercise the powers under this regulation on their own initiative or at the request of the Chancellor of the Exchequer or the Commissioners but the Chancellor of the Exchequer may not make a request to carry out an inspection in relation to a particular person.
4
The chief inspector of constabulary may include in his report under section 54(4) of the Police Act 1996 (annual reports) a report on the Commissioners and officers.
Inspection Functions: Scotland
4
1
The inspectors of constabulary and the Scottish inspectors may jointly carry out inspections in Scotland for the purpose of assessing the effectiveness of the following conduct —
a
any acts or omissions of an officer or the Commissioners in connection with the prevention, detection or investigation of an offence by him or them, or
b
any acts or omissions of an officer or the Commissioners in connection with criminal proceedings conducted under the direction of the Lord Advocate or a procurator fiscal.
2
The inspectors of constabulary and the Scottish inspectors may jointly carry out inspections in Scotland to assess the effectiveness of any matter described in regulation 6.
3
The inspectors of constabulary and the Scottish inspectors may jointly exercise the powers under this regulation on their own initiative or at the request of the Chancellor of the Exchequer or the Commissioners but the Chancellor of the Exchequer may not make a request to carry out an inspection in relation to a particular person.
Inspection Functions: Northern Ireland
5
1
The Northern Ireland inspectors may carry out inspections in Northern Ireland for the purpose of assessing the effectiveness of the following conduct —
a
any acts or omissions of an officer or the Commissioners in connection with the prevention, detection or investigation of an offence by him or them, or
b
any acts or omissions of an officer or the Commissioners in connection with criminal proceedings conducted in Northern Ireland by the Commissioners or the Director of Public Prosecutions for Northern Ireland.
2
The Northern Ireland inspectors may carry out inspections in Northern Ireland to assess the effectiveness of any of the matters described in regulation 6.
3
The Northern Ireland inspectors may exercise the powers under this regulation on their own initiative or at the request of the Chancellor of the Exchequer or the Commissioners but the Chancellor of the Exchequer may not make a request to carry out an inspection in relation to a particular person.
Inspection of means of dealing with risks
6
The matters to which regulations 3(2), 4(2) and 5(2) apply are —
a
any method devised by or for Her Majesty’s Revenue and Customs for identifying and dealing with a risk;
b
any measures devised by or for Her Majesty’s Revenue and Customs for assuring that an officer or the Commissioners are properly applying that method, and
c
the operation of any such method or measures by an officer or the Commissioners.
Access
7
1
This regulation applies to an inspection carried out under regulation 3, 4 or 5.
2
For the purposes of an inspection the Commissioners shall provide to the appropriate inspectors such of the following as are reasonably required by the appropriate inspectors —
a
access to any premises belonging to the Commissioners;
b
access to any system operated by or on behalf of the Commissioners for storing and retrieving information electronically;
c
any information or documents held by the Commissioners.
3
For the purposes of an inspection an officer shall provide to the appropriate inspectors such information or documents held by him as are reasonably required by the inspectors.
Inspections of guidance
8
The appropriate inspectors may, if the Chancellor of the Exchequer or the Commissioners request them to do so, carry out an inspection of —
a
the operation of any guidance issued by the Commissioners to officers for assessing or demanding a civil penalty instead of carrying out a criminal investigation into any matter or vice versa, or
b
the operation of any guidance issued by the Commissioners for using other powers to secure any revenue, for the collection and management of which the Commissioners are responsible, instead of assessing or demanding a civil penalty or carrying out a criminal investigation.
Reports
9
1
Where —
a
the inspectors of constabulary carry out an inspection under regulation 3 or 8,
b
the inspectors of constabulary and the Scottish inspectors jointly carry out an inspection under regulation 4 or 8, or
c
the Northern Ireland inspectors carry out an inspection under regulation 5 or 8,
they shall provide a report of the inspection to the Chancellor of the Exchequer.
2
Subject to paragraph (3), the Chancellor of the Exchequer shall arrange for any report received by him to be published.
3
The Chancellor of the Exchequer may exclude from publication under paragraph (2) any part of a report if, in his opinion, the publication of that part —
a
would be against the interests of national security;
b
might jeopardise the safety of any person;
c
would contravene section 29(2) of the Act, or
d
might prejudice the prevention or detection of crime or the apprehension or prosecution of offenders.
4
The Chancellor of the Exchequer shall send a copy of the published report to the Chairman.
5
The Commissioners shall —
a
prepare comments on the published report;
b
send a copy of the comments to the Chancellor of the Exchequer before such date as may be specified by him;
c
publish the comments in such manner as appears to the Commissioners to be appropriate.
6
Where the inspectors of constabulary and the Scottish inspectors provide a report of an inspection to the Chancellor of the Exchequer he shall send a copy of the published report to the Scottish Ministers.
Appointment of assistant inspectors and staff officers
10
1
Section 56 of the Police Act 1996 (appointment of assistant inspectors and staff officers) shall have effect subject to the following modifications —
a
in section 56(1) after “constabulary” insert “for the purpose of carrying out functions under the Revenue and Customs (Inspections) Regulations 2005”, and
b
in section 56(2) for “Members of a police force” substitute “Officers of Revenue and Customs”.
2
Section 34 of the Police (Scotland) Act 1967 (appointment of assistant inspectors and staff officers) shall have effect subject to the following modifications —
a
in section 34(1) after “constabulary” insert “for the purpose of carrying out functions under the Revenue and Customs (Inspections) Regulations 2005”, and
b
in section 34(1A) for “Constables” substitute “Officers of Revenue and Customs”.
Payment
11
1
The Commissioners shall pay to the inspectors of constabulary, for functions carried out by those inspectors under these Regulations, such amount as may be agreed between the Commissioners and those inspectors or, in the absence of an agreement, such amount as the Treasury, after consultation with the Secretary of State, may determine.
2
The Commissioners shall pay to the inspectors of constabulary and the Scottish inspectors, for functions carried out jointly by those inspectors under these Regulations, such amount as may be agreed between the Commissioners and those inspectors or, in the absence of an agreement, such amount as the Treasury, after consultation with the Secretary of State and Scottish Ministers, may determine.
3
The Commissioners shall pay to the Northern Ireland inspectors for functions carried out by those inspectors under these Regulations such amount as may be agreed between the Commissioners and those inspectors or, in the absence of an agreement, such amount as the Treasury, after consultation with the Secretary of State, may determine.
John Heppell
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
7th April 2005


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Miscellaneous Food Additives (Amendment) (England) Regulations 2005;
b
shall come into force on 19th April 2005;
c
shall apply in relation to England only.
Amendment of the Miscellaneous Food Additives Regulations 1995
2
The Miscellaneous Food Additives Regulations 1995 shall be amended in accordance with regulations 3 to 14 below.
3
In paragraph (1) of regulation 2 (interpretation) —
a
after the definition of “colour”, there shall be inserted the following definition —
Directive 88/388 EC means Council Directive 88/388/ EEC on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production
;
b
in the definition of “Directive 95/2/EC ” for the words “and European Parliament and Council Directive 2001/5/EC ” there shall be substituted the following words —
, European Parliament and Council Directive 2001/5/EC and European Parliament and Council Directive 2003/114/EC ;
;
c
after the definition of flavour enhancer, there shall be inserted the following definition —
“flavouring” bears the same meaning as in Article 1.2 of Directive 88/388/EEC ;
;
d
for the definition of “stabiliser”, there shall be substituted the following definition —
“stabiliser” means any substance which makes it possible to maintain the physico-chemical state of a foodstuff; including any substance which enables the maintenance of a homogenous dispersion of two or more immiscible substances in a foodstuff, substances which stabilise, retain or intensify an existing colour of a foodstuff and substances which increase the binding capacity of the food, including the formation of cross-links between proteins enabling the binding of food pieces into re-constituted food;
.
4
In paragraph (1) of regulation 4 (use of miscellaneous additives in or on compound foods), after the words “that compound food contains, as an ingredient, a food”, there shall be inserted the following words —
or a flavouring
.
5
After regulation 4 the following regulation shall be inserted —
Use of permitted miscellaneous additives in flavourings
4A
1
Where —
a
a permitted miscellaneous additive is used in a flavouring; and
b
that flavouring is an ingredient of a compound food; and
c
the permitted miscellaneous additive performs a technological purpose in the final food;
the permitted miscellaneous additive shall be regarded for the purposes of these Regulations as an additive of the final food.
2
No person shall use any permitted miscellaneous additive in or on any flavouring where —
a
the level of such additives used exceeds the minimum necessary to guarantee the safety and quality of the flavouring and to facilitate its storage;
b
the presence of such additives is a hazard to human health, or misleading to the consumer.
.
6
In regulation 11 (transitional provision and exemptions), after paragraph (1E), there shall be inserted the following paragraph —
1F
In any proceedings for an offence under these Regulations in respect of any food additives, food or flavouring, it shall be a defence to prove —
a
the food additive, food or flavouring concerned was put on the market or labelled before 27th January 2006; and
b
the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3 to 6, 7(b), 8(a), 8(b), 9(a), 10, 11 (a) to (c), (e) to (i) and (k) to (l) of the Miscellaneous Food Additives (Amendment) (England) Regulations 2005 had not been made when the food additive, food or flavouring was placed on the market or labelled.
.
7
In Schedule 1 (miscellaneous additives generally permitted for use in foods not referred to in schedule 6, 7 or 8) —
a
for Note 1, there shall be substituted the following note —
1
The substances E407, E407a and E440 may be standardised with sugars, on condition that this is stated in addition to the number and designation.
;
b
in the entry relating to E170, in the second column, for the words “Calcium carbonates (i) calcium carbonate (ii) calcium hydrogen carbonate”, there shall be substituted the following words —
Calcium carbonate
;
c
in the entry relating to E466, in the second column, the following words shall be added at the end —
Cellulose gum
;
d
in the entry relating to E469, in the second column, the following words shall be added at the end —
Enzymatically hydrolysed cellulose gum
.
8
In Schedule 2 (conditionally permitted preservatives and antioxidants) part A (sorbates, benzoates and p-hydroxybenzoates) —
a
in the first column (entitled “Food”) of the second table, for the words “Partially baked, pre-packed bakery wares intended for retail sale”, there shall be substituted the following words —
Partially baked, pre-packed bakery wares intended for retail sale and energy-reduced bread intended for retail sale
;
b
the following entries shall be added to the second table at the end:
Crayfish tails, cooked and pre-packed
Marinated cooked molluscs
2000 Flavourings 1500
9
Schedule 2 Part C (other preservatives) —
a
the entry relating to E230 shall be omitted;
b
in the entry relating to E1105, in the third and fourth columns (entitled respectively “Food” and “Maximum level”) there shall be added the following entries —
Wine in accordance with Regulation (EC) No. 1493/1999 and its implementing Regulation (EC) No. 1622/2000 Pro memoria
10
In Schedule 2 Part D (other antioxidants) —
a
in the entry relating to E310, E311, E312 and E320, in the third and fourth columns (entitled respectively “Food” and “Maximum level (mg/ kg )”) the following entries shall be added —
Essential oils 1000 mg/kg (gallates and BHA, individually or in combination) E310-E320 only Flavourings other than essential oils 100 mg/kg (gallates, individually or in combination) or 200 mg/kg (BHA)E310-E320 only
b
in the entry relating to E315 and E316, for the words “semi-preserved and preserved meat products”, there shall be substituted the following words —
Cured meat products and preserved meat products
.
11
In Schedule 3 (other permitted miscellaneous additives) —
a
in the entry relating to E338, E339, E340, E341, E343, E450, E451 and E452 —
i
in the third and fourth columns (entitled respectively “Food” and “Maximum level”) the following entries shall be added —
“Flavourings” “40g/kg”
ii
in the third column, the words “cider and perry” and in the corresponding entry in the fourth column, the words “2g/l” shall be omitted;
b
in the entry relating to E416, in the third and fourth columns, the following entries shall be added —
“Flavourings” “50g/kg”
c
in the entry relating to E432, E433, E434, E435 and E436, in the third and fourth columns, the following entries shall be added —
“Flavourings, except liquid smoke flavourings and flavourings based on spice oleoresins” “10g/kg” “Foodstuffs containing liquid smoke flavourings and flavourings based on spice oleoresins” “1g/kg”
d
in the entry relating to E444, in the third and fourth columns, the following entries shall be added —
“Flavoured cloudy spirit drinks containing less than 15% alcohol by volume” “300 mg/l”
e
in the entry relating to E459, in the third and fourth columns, the following entries shall be added —
“Encapsulated flavourings in “500mg/l — flavoured teas and flavoured powdered instant drinks 1g/kg in foodstuffs as consumed or as reconstituted according to the instructions of the manufacturer” — flavoured snacks*rdquo;
f
in the entry relating to E551, in the third and fourth columns, the following entries shall be added —
Flavourings 50g/kg E551 only
g
in the entry relating to E900, in the third and fourth columns, the following entries shall be added —
“Flavourings” “10 mg/kg”
h
in the entry relating to E901, E902, E903 and E904, the words “E903 Carnauba wax” shall be omitted;
i
after the entry relating to E901, E902 and E904, as amended by paragraph (h) above, the following entry shall be inserted —
E903 Carnauba wax As glazing agents only: — confectionery (including chocolate) 500 mg/kg
1200 mg/kg (only for chewing gum)
— small products of fine bakery wares coated with chocolate 200 mg/kg — snacks 200 mg/kg — nuts 200 mg/kg — coffee beans 200 mg/kg — dietary food supplements 200 mg/kg — fresh citrus fruits, melons, apples, pears, peaches and pineapples (surface treatment only) 200 mg/kg
j
after the entry for E905, the following entry shall be inserted —
E907 Hydrogenated poly-1-decene As glazing agent for — sugar confectionery 2g/kg — dried fruits 2g/kg
k
the following entries shall be added to the table at the end —
E1505 Triethyl citrate Flavourings 3g/kg from all sources in foodstuffs as consumed or as reconstituted according to the instructions of the manufacturer; individually or in combination. In the case of beverages, the maximum level of E1520 shall be 1g/l E1517 Glyceryl diacetate (diacetin) E1518 Glyceryl triacetate (triacetin) E1520 Propan-1,2-diol (propylene glycol) E1519 Benzyl alcohol Flavourings for 100 mg/l — liqueurs, aromatised wines, aromatised wine-based drinks and aromatised wine-products cocktails 250 mg/kg from all sources in foodstuffs as consumed or as reconstituted according to the instruction of the manufacturer — confectionery including chocolate and fine bakery wares
l
at the end of the Schedule, after the table, the following words shall be added —
Note:
Spice oleoresins are defined as extracts of spices from which the extraction solvent has been evaporated leaving a mixture of the volatile oil and resinous material from the spice.
.
12
In Schedule 4 (permitted carriers and carrier solvents) —
a
in the entry relating to E468, in the second column the following entry shall be added —
Cross-linked cellulose gum
;
b
the following entry shall be added to the table at the end —
E555 Potassium aluminium silicate In E171 titanium dioxide and E172 iron oxides and hydroxides (max 90% relative to the pigment)
13
In Schedule 7 (foods in which a limited number of miscellaneous additives listed in Schedule 1 may be used) —
a
in the entry relating to cocoa and chocolate products as defined in Directive 2000/36/EC , in the second and third columns (entitled respectively “Additive” and “Maximum level”) after the entry relating to E471, the following entries shall be added —
E472c Citric acid esters of mono- and diglycerides of fatty acids quantum satis
b
in the entry relating to cocoa and chocolate products as defined in Directive 2000/36/EC , the entry relating to grape juice as defined in Directive 2001/112/EC , the entry relating to ripened cheese and the entry relating to sliced and grated ripened cheese, in the second column, for the words “E170 Calcium carbonates”, there shall be substituted in each case the following words —
E170 Calcium carbonate
c
in the entry relating to frozen and deep-frozen unprocessed fruit and vegetables; pre-packed, refrigerated unprocessed fruit and vegetables ready for consumption and pre-packed, unprocessed and peeled potatoes, to the second and third columns, the following entries shall be added —
E296 Malic acid quantum satis (only for peeled potatoes)
d
in the entry relating to fruit compote, to the second and third columns, the following entries shall be added —
E440 Pectin quantum satis (only for fruit compote other than apple) E509 Calcium chloride
e
in the entry relating to mozzarella and whey cheese, in the second and third columns, the following entries shall be added —
E460ii Powdered cellulose quantum satis (only for grated and sliced cheese)
f
the following entry shall be added to the table at the end —
UHT goat milk E331 Sodium citrates 4g/l Chestnuts in liquid E410 Locust bean gum
E412 Guar gum
E415 Xanthane gum
quantun satis
14
In Schedule 8 (miscellaneous additives permitted in foods for infants and young children) —
a
in the Notes, after note 1A there shall be inserted the following note —
1B
Formulae and weaning foods for infants and young children may contain E1450 starch sodium octenyl succinate resulting from the addition of vitamin preparations or polyunsaturated fatty acid preparations. The carry over of E1450 in the product ready for consumption is not to be more than 100 mg/kg from vitamin preparations and 1000 mg/kg from polyunsaturated fatty acid preparations.
;
b
in Part 3 (miscellaneous additives permitted in weaning foods for infants and young children in good health), in the entry relating to E170, in the second column, for the words “Calcium carbonates” there shall be substituted the word —
Calcium carbonate
;
c
in Part 4 (miscellaneous additives permitted in foods for infants and young children for special medical purposes), for the title, the following words shall be substituted —
MISCELLANEOUS ADDITIVES PERMITTED IN DIETARY FOODS FOR INFANTS AND YOUNG CHILDREN FOR SPECIAL MEDICAL PURPOSES AS DEFINED IN DIRECTIVE 1999/21/EC
;
d
in Part 4, the following entry shall be added to the table at the end —
E472c Citric acid esters of mono-and diglycerides of fatty acids 7.5g/l sold as powder 9g/l sold as liquid From birth onwards
Signed by the authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
4th April 2005


text:
1
1
This Order may be cited as the Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2005 and comes into force on 1st May 2005.
2
It takes effect in relation to a taxable person from the beginning of his first prescribed accounting period beginning after 30th April 2005.
2
For Table A in section 57 of the Value Added Tax Act 1994 substitute–
TABLE A
Description of vehicle (Type of engine and cylinder capacity in cubic centimetres) 12 month period £ 3 month period £ 1 month period £
Diesel engine 2000 or less 945 236 78 More than 2000 1200 300 100 Any other type of engine 1400 or less 985 246 82 More than 1400 but not more than 2000 1245 311 103 More than 2000 1830 457 152
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 2005


text:
Citation
1
This Order may be cited as the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No.4) Order 2005.
Commencement
2
Section 10(3), (4) and (5) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 shall come into force on 31st March 2005.
Des Browne
Minister of State
Home Office
21st February 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Welfare Food (Amendment) Regulations 2005.
2
These Regulations shall come into force on 6th April 2005.
3
In these Regulations “the principal Regulations ” means the Welfare Food Regulations 1996 .
Amendment of regulations 3, 4, 5, 6, 7 and Schedule 2A to the principal Regulations
2
The principal Regulations are amended as follows: —
a
for the sum of “£13,480” wherever it appears, there is substituted “£13,910”;
b
in regulation 7 (purchase of dried milk at a reduced price) in paragraphs (1)(a) and (1A)(a), for the sum of “£14,600”, there is substituted “£15,050”.
Revocations
3
The following Regulations are revoked: —
a
The Welfare Food (Amendment) Regulations 2004 ;
b
The Welfare Food (Amendment No. 2) Regulations 2004 .
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State
10th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2005 and shall come into force on 10th August 2005.
Amendment of the Motor Vehicles (Driving Licences) Regulations 1999
2
1
The Motor Vehicles (Driving Licences) Regulations 1999 are amended in accordance with regulations 3 to 6.
3
In regulation 30 (fees for theory tests) for paragraph (1) substitute —
1
The fee payable for a theory test to be conducted by an appointed person in respect of any category of motor car is —
a
where the test is to be conducted before 1st April 2006, £21.00; and
b
where the test is to be conducted on or after 1st April 2006, £21.50;
and is payable to the Secretary of State.
4
In regulation 35 (fees in respect of practical or unitary tests) —
a
in paragraph (2) for “(4) and (5)” substitute “(3A), (4) and (5)”;
b
in paragraph (3) for “paragraph (4)” substitute “paragraphs (3A) and (4)”;
c
after paragraph (3), insert —
3A
In paragraphs (2) and (3), where a reference is made to the Table in Schedule 5, that reference shall be —
a
in the case of a test to be conducted before 1st April 2006, to the Table in Part 1 of Schedule 5; and
b
in the case of a test to be conducted on or after 1st April 2006, to the Table in Part 2 of Schedule 5.
5
For regulation 47(8) substitute —
8
A person authorised to conduct theory tests by virtue of paragraphs (b), (c), (d) or (e) of regulation 23(1) or regulation 23(2)(b) shall issue theory test pass certificates using forms supplied by the Secretary of State who may make a charge —
a
where the order is received before 1st April 2006, £12 per form; and
b
where the order is received on or after 1st April 2006, £14 per form.
6
For the table in Schedule 5 substitute the following tables —
PART 1
Fees for tests to be conducted before 1st April 2006
(1) Category or sub-category of vehicle (2) Test,other than extended driving test commencing: (3) Extended driving test commencing:
a
During normal hours
b
Out of hours
a
During normal hours
b
Out of hours
1. A1, A and P £55.00 £65.00 £110.00 £130.00 2. B1, B, F, G, H and K £45.50 £55.00 £91.00 £110.00 3. B+E, C1, C1+E, D1, D1+E, C, C+E, D and D+E £85.00 £103.00 - -
PART 2
Fees for tests to be conducted on or after 1st April 2006
(1) Category or sub-category of vehicle (2) Test,other than extended driving test commencing: (3) Extended driving test commencing:
a
During normal hours
b
Out of hours
a
During normal hours
b
Out of hours
1. A1, A and P £58.00 £68.00 £116.00 £136.00 2. B1, B, F, G, H and K £48.50 £58.00 £97.00 £116.00 3. B+E, C1, C1+E, D1, D1+E, C, C+E, D and D+E £89.00 £107.00 - -
Signed by authority of the Secretary of State
S J Ladyman
Minister of State
Department for Transport
27th June 2005
We approve the making of these Regulations
Dave Watts
Vernon Coaker
Two of the Commissioners of Her Majesty’s Treasury
15th July 2005


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Court of Protection (Amendment) Rules 2005 and shall come into force on 1st April 2005.
2
In these Rules a reference to a rule by number alone means the rule so numbered in the Court of Protection Rules 2001 and a reference to the Appendix means the Appendix to those Rules.
Amendments to the Court of Protection Rules 2001
2
In the Arrangement of Rules —
a
omit the entry for rule 58, and
b
after the entry relating to rule 78A, insert —
78B
Estate account fee
.
3
In rule 24 —
a
in paragraph (1C) at the end insert “except where the court is of the opinion, on the application, that it is necessary to appoint an interim receiver for the patient under rule 42(1)(b)”.
4
Omit rule 58.
5
For rule 78(1), substitute —
1
Subject to paragraph (1A), an administration fee shall be payable —
a
on the first and every subsequent anniversary of the date of the appointment of a receiver, until the termination of the proceedings;
b
on the court making an order or direction authorising an officer of the court or some other suitable person named in the order or direction to deal with a patient’s property or affairs under rule 8 and on every subsequent anniversary of that date, until the termination of the proceedings; and
c
at such other times either during the proceedings or at their termination as the court may direct, and
where the period for which the administration fee is payable is for less than one year, the fee payable shall be the proportion of the full fee as such period bears to one year.
1A
Where the proceedings are terminated less than six months from the date of the order or direction referred to in paragraph 1(b) authorising an officer of the court or some other suitable person named in the order or direction to deal with a patient’s property or affairs under rule 8, the fee payable under that paragraph shall be refunded if it has been paid or, if it has not been paid, it shall cease to be payable.
6
After rule 78A, insert —
Estate account fee
78B
An estate account fee as specified in paragraph 2B of the Appendix shall be payable upon the approval of an estate account by the court, when the patient has —
a
an absolute interest; or
b
a life interest
in a residuary estate under the terms of a will, partial intestacy or intestacy.
7
In rule 79 —
a
in paragraph (3) after “repayment of a loan by, the patient)” insert “in excess of £10,000.00”;
b
after paragraph (3) insert —
3A
In a special case, the value of any readily ascertainable pecuniary consideration in the nature of capital arising to or provided by the donor (otherwise than by a loan to, or repayment of a loan by, the donor), no account being taken of the possible capitalisation of the value of rents or interests or other income payments, shall be set out in the application for the direction.
3B
Where it appears to the court that any fee under paragraph 3(1)(i) or (ii) of the Appendix has been incorrectly assessed upon the making of the application, the court may direct that the fee is to be adjusted as it appears to it to be convenient.
c
for paragraph (4) substitute —
4
Where on any application for approval of a transaction mentioned in paragraph (1), or authorisation as mentioned in paragraph (2) —
a
the fee, or in a special case the standard fee, shall be taken upon the making of the application for the order, direction or authorisation; and
b
subject to paragraph (4A), in a special case, the additional fee shall be taken upon the court fixing a date for a hearing under rule 9.
4A
In a special case, where a hearing is cancelled, the additional fee payable in accordance with the Appendix shall be refunded if it has been paid or, if it has not been paid, it shall cease to be payable (but the court may take a fee in accordance with paragraph (4)(b) if it subsequently fixes another date for the hearing).
d
after paragraph (6) insert —
6A
Where the proceedings are terminated before an order or direction under paragraph (6) is entered, the fee payable under that paragraph —
a
if paid, shall be refunded; or
b
if not paid, shall cease to be payable.
6B
A transaction fee as specified in paragraph 3(6) of the Appendix shall be payable upon the making of an application for an order or direction to be made in exercise of the powers conferred by paragraph (a) or (b) of section 96(1) of the Act, authorising a person to manage and let a patient’s property
8
1
For rule 82 substitute —
82
In cases where a receiver has been appointed, a winding up fee shall be payable —
a
on the death of a patient; and
b
on every subsequent anniversary of that date,
until the court passes the final account of the receiver or directs that the final account may be dispensed with.
9
1
The Appendix shall be amended in accordance with the following paragraphs of this rule.
2
In column 2 of paragraph 1 for “£230.00”, substitute “£240.00”.
3
In column 2 of paragraph 1A for “£300.00”, substitute “£315.00”.
4
For paragraph 2, substitute —
Administration fee (rule 78)
2(1) Annually from the appointment of a receiver until the proceedings are concluded. £240.00 (2) Annually from the making of a short order or direction under rule 8 until the proceedings are concluded. £190.00
5
In column 2 of paragraph 2A for “£95.00”, substitute “£100.00”.
6
After paragraph 2A, insert —
Estate account fee (rule 78B)
2B On the approval of an estate account. £100.00
7
In column 1 of paragraph 3(1) omit “(or, as the case may be, on any approval given by the court under an order)”.
8
For column 2 of paragraph 3(1)(i) and (ii), substitute —
a
A standard fee of —
i
£100.00 or
ii
in a case to which rule 79(3) applies, £360.00; and
b
an additional fee as referred to in rule 79(4)(b) of £500.00.
9
In column 1 of paragraph 3(1) omit “and no such fee shall exceed £1,000.00”.
10
In column 2 of paragraphs 3(1)(iv), (v), (vi) and 3(2), for “£125.00”, wherever it occurs, substitute “£130.00”.
11
In column 2 of paragraph 3(3) for “£520.00”, substitute “£540.00”.
12
In column 2 of paragraph 3(4) for “£190.00”, substitute “£200.00”.
13
In column 2 of paragraph 3(5) for “£160.00”, substitute “£170.00”.
14
After paragraph 3(5), insert —
(6) On an application for an order or direction under section 96(1)(a) or (b) authorising management and letting of property. £170.00
15
In column 2 of paragraph 4B for “£500.00”, substitute “£520.00”.
16
In column 2 of paragraph 4C for “£3,500.00”, substitute “£4,500.00”.
17
For paragraph 7, substitute —
Winding up fee (rule 82)
7(1) On the death of a patient: (i) where an officer of the court has been appointed receiver £885.00 (ii) otherwise. £290.00 (2) On each anniversary of the death of the patient until the court passes the final account of the receiver or directs that the final account may be dispensed with. £150.00
Transitional provision
10
Where in a special case the application for the order, direction or authorisation was received by the court before 1st April 2005 the 2001 Rules shall have effect as if rules 7(a), (b) and (c) and 9(7), (8) and (9) of these Rules had not been made.
Signed by authority of the Lord Chancellor
Catherine M Ashton
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Date 7th March 2005
We consent
Nick Ainger
Gillian Merron
Two of the Lord’s Commissioners of Her Majesty’s Treasury
Dated 11th March 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Private Security Industry (Licences) (Amendment) Regulations 2005 and shall come into force on 28th February 2005.
2
In these Regulations, “the 2004 Regulations ” means the Private Security Industry (Licences) Regulations 2004 .
Amendment of the Private Security Industry (Licences) Regulations 2004
2
The 2004 Regulations shall be amended in accordance with the following regulations.
3
1
In regulation 3(a) of the 2004 Regulations (form of licence to engage in licensable conduct) —
a
after “to which” insert “paragraph 3 of Schedule 2 to the Act (immobilisation of vehicles), paragraph 3A of Schedule 2 to the Act (restriction and removal of vehicles) or”;
b
after “applies” insert “or who falls within section 3(2)(j) of the Act (person carrying out licensable conduct)”.
2
In regulation 3(b) of the 2004 Regulations (form of licence to engage in licensable conduct) after “to which” insert “paragraph 3 of Schedule 2 to the Act (immobilisation of vehicles), paragraph 3A of Schedule 2 to the Act (restriction and removal of vehicles) or”.
4
1
In regulation 4(1) of the 2004 Regulations (licence conditions) —
a
after “to which paragraph” insert “3, 3A or”;
b
after “applies” insert “or who falls within section 3(2)(j)”;
2
In regulation 4(2)(a) of the 2004 Regulations after “to which paragraph” insert “3, 3A or”.
3
In regulation 4(4) of the 2004 Regulations after “to which paragraph” insert “3, 3A or”.
5
After regulation 4 of the 2004 Regulations insert —
4A
Additional conditions for certain licences
1
The granting of a licence to a person who falls within section 3(2)(a), (b), (c), (h) or (j) of the Act (person carrying out licensable conduct) in relation to any of the activities to which paragraph 3 or 3A of Schedule 2 to the Act applies shall be subject to the conditions set out in paragraph (2).
2
Those conditions are —
a
the licensee shall not immobilise, remove or restrict a vehicle in accordance with paragraph 3 or 3A of Schedule 2 to the Act if the vehicle is an invalid carriage or if a valid disability badge is displayed on the vehicle;
b
the licensee shall not immobilise, remove or restrict a vehicle in accordance with paragraph 3 or 3A of Schedule 2 to the Act if the vehicle is an emergency vehicle which is in use;
c
the licensee shall, on collecting any charge for the release of a vehicle that has been immobilised, removed or restricted in accordance with paragraph 3 or 3A of Schedule 2 to the Act, provide a receipt which contains the information specified in paragraph (3) below.
3
The information to be specified for the purposes of paragraph 2(c) above is —
a
the location where the vehicle was immobilised, removed or restricted;
b
the date on which the vehicle was immobilised, removed or restricted;
c
the name and signature of the licensee; and
d
the licence number of the licensee.
4
In this regulation —
a
“invalid carriage” has the same meaning as in section 253(5) of the Road Traffic Act 1960 ;
b
“disability badge” means a badge issued under section 21 of the Chronically Sick and Disabled Persons Act 1970 ;
c
“emergency vehicle” has the same meaning as in regulation 3(2) of the Road Vehicles Lighting Regulations 1989 .
Hazel Blears
Minister of State
Home Office
7th February 2005


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2005 and shall come into force on 3rd June 2005.
2
These Regulations do not extend to Northern Ireland.
Amendment to the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2002
2
1
The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2002 shall be amended as follows.
2
In regulation 2 (interpretation) after sub-paragraph (o) add —
p
Commission Directive 2004/89/ EC adapting for the fifth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail ;
q
Commission Directive 2004/110/EC adapting for the sixth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail ; and
r
Commission Directive 2004/111/EC adapting for the fifth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road .
.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State
Department for Transport
9th May 2005


text:
1
This Order may be cited as the Retention of Communications Data (Further Extension of Initial Period) Order 2005 and shall come into force on the day after the day on which it is made.
2
The initial period specified in section 105(2) of the Anti-terrorism, Crime and Security Act 2001, as extended by the Retention of Communications Data (Extension of Initial Period) Order 2003 , shall be extended for a further period of two years beginning with the time when that period would end but for the making of this Order.
Hazel Blears
Minister of State
Home Office
5th December 2005


text:
Citation and commencement
1
This Order may be cited as the Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 and shall come into force on 5th December 2005.
Amendments of legislation
2
1
Schedule 1, which contains amendments of subordinate legislation relating to pension sharing on divorce, shall have effect.
2
Schedule 2, which contains amendments of subordinate legislation relating to occupational and personal pension schemes, shall have effect.
3
Schedule 3, which contains amendments of subordinate legislation relating to social security, shall have effect.
4
Schedule 4, which contains amendments of subordinate legislation relating to child support, shall have effect.
5
Schedule 5, which contains transitory provisions relating to child support, shall have effect.
Transitional provision relating to housing benefit and council tax benefit
3
1
Paragraph (2) applies in the case of a claimant who is a member of a couple who live together as if they were civil partners on or after 5th December 2005, in respect of whom there is an award of housing benefit or council tax benefit on 5th December 2005.
2
In such a case, subject to paragraphs (3) and (4) —
a
the provisions of regulation 8(2) and (10) of the Decisions and Appeals Regulations shall not apply; and
b
a superseding decision made in consequence of the amendments made by paragraph 15, 16, 21 or 22 of Schedule 3 to this Order shall take effect —
i
from the date that the claimant reports to the relevant authority that the couple live together as if they were civil partners; or
ii
from the date on which the relevant authority otherwise becomes aware that the couple are living together as if they were civil partners; or
iii
where there exists an award of a relevant benefit on 5th December 2005, from the date the superseding decision is made in relation to the relevant benefit that is consequential on the amendments made by paragraph 13, 26 or 35 of Schedule 3 to this Order,
whichever is the earliest date.
3
The relevant authority may, where the provisions of paragraph (2)(b)(i) or (ii) apply, determine such earlier effective date for the superseding decision as it considers appropriate if it is satisfied that the claimant could reasonably have been expected to report that he is a member of a couple who live together as if they were civil partners earlier than the date which would otherwise apply under that paragraph.
4
The provisions of regulation 8(2) and (10) of the Decisions and Appeals Regulations shall apply in a case falling within paragraph (1) where the application of those provisions is advantageous to the claimant.
5
In this article —
“couple” has the same meaning as in regulation 2(1) of the Housing Benefit (General) Regulations 1987 ;
“the Decisions and Appeals Regulations” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 ;
“relevant authority” has the same meaning as in regulation 2(1) of the Housing Benefit (General) Regulations 1987;
“relevant benefit” means income support, income-based jobseeker’s allowance or a guarantee credit awarded under section 2(1) of the State Pension Credit Act 2002 .
Signed by authority of the Secretary of State for Work and Pensions.
Philip A Hunt
Parliamentary Under Secretary of State,
Department for Work and Pensions
13th October 2005


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Colours in Food (Amendment) (England) Regulations 2005;
b
shall come into force on 1st April 2005; and
c
shall apply in relation to England only.
Amendment of the Colours in Food Regulations 1995
2
1
The Colours in Food Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) in the definition of “Directive 95/45/EC ” , for the words “and Directive 2001/50/EC ” there shall be substituted the words —
Directive 2001/50/EC and Directive 2004/47/EC ;
.
3
In regulation 13 (transitional provision and exemption) after paragraph (1) there shall be inserted the following paragraph —
1A
In any proceedings for an offence against these Regulations it shall be a defence to prove that —
a
the colour or food which is the subject of the allegation was put on the market or labelled before 1st April 2005; and
b
the matter constituting the offence would not have constituted an offence under these Regulations as they stood immediately before the coming into force of the Colours in Food (Amendment) (England) Regulations 2005.
.
Signed by the Authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State
Department of Health
4th March 2005


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Public Rights of Way (Register of Applications under section 53(5) of the Wildlife and Countryside Act 1981)(England) Regulations 2005 and shall come into force on 27th September 2005.
2
In these Regulations —
“ the Act ” means the Wildlife and Countryside Act 1981;
“the register” means the register which every surveying authority is required under section 53B(1) of the Act to keep with respect to applications under section 53(5) of the Act (applications for a public right of way modification order); and
“the relevant date” means 31st December 2005.
3
These Regulations apply to England only .
Information to be contained in the register
2
1
The register shall contain with respect to each application under section 53(5) of the Act —
a
a copy of the application together with a copy of any map submitted with the application;
b
a description of the intended effect of the application;
c
a description of the geographical location to which the application relates, which shall be identified by reference to:
i
an Ordnance Survey six-figure grid reference in respect of each end of the public right of way or proposed public right of way, or, where the public right of way is already recorded on the relevant definitive map, the path number;
ii
the address of any property (including its postcode) on which the public right of way or proposed public right of way lies;
iii
the names of the principal cities, towns and villages nearest to the public right of way or proposed public right of way; and
iv
the parish, ward or district in which the public right of way or proposed public right of way lies,
and where the application relates to part only of a public right or way, the particulars to be recorded under (ii) to (iv) shall relate to that part only.
d
subject to paragraph (3), the applicant’s name and address, including postcode;
e
the date the application was received by the surveying authority;
f
any unique reference allocated by the surveying authority to the application together with the job title of the person at the surveying authority responsible for dealing with the application, the authority’s e-mail address and telephone number;
g
any date set by the surveying authority for the determination of the application;
h
the terms of any direction by the Secretary of State under paragraph 3(2) of Schedule 14 to the Act (direction to the authority to determine an application within a specified period);
i
the date on which the application was determined by the surveying authority;
j
the decision of the surveying authority on the determination of the application;
k
where the decision was to make an order on determination of the application, details of whether or not the order was confirmed (with or without modifications) in accordance with Schedule 15 to the Act; and
l
where the surveying authority has refused an application, the outcome of any appeal against that decision under paragraph 4 of Schedule 14 to the Act.
2
A surveying authority may record on the register such additional information as it considers appropriate.
3
Where the surveying authority is satisfied that —
a
the inclusion or retention of an applicant’s name and address on the register would, or would be likely to, cause substantial damage or substantial distress to the applicant or to another person; and
b
such damage or distress is or would be unwarranted,the applicant’s name and address shall be removed from the register or shall not be included on the register, and shall be redacted from any documents contained or to be contained on the register.
4
The particulars included in the register under paragraphs (1) and (2) shall be retained on the register in respect of each application under section 53(5) of the Act, regardless of the outcome of the application.
5
Every register shall include an index that can be used to assist any person to trace any entry in the register and, in the case of the electronic version of the register, a search facility, which, as a minimum, shall allow postcode and keyword searches to be made.
Manner of keeping the register
3
1
The register shall be kept in electronic and paper form.
2
The paper version of the register shall be kept at the principal office of the surveying authority.
3
The register may be kept in parts so that each part —
a
relates to land within a particular parish, ward or district; and
b
contains the particulars to be included in the register under regulation 2 in respect of such land.
4
In respect of the electronic version of the register, the surveying authority shall —
a
make the register available for inspection by the public on its website or on a website maintained by the surveying authority for that purpose; and
b
make provision to enable the register to be inspected at the principal office of the surveying authority.
5
A surveying authority shall keep the register in such manner as is suitable to enable a copy of any of the particulars contained on the register to be taken by or for any person who requests a copy in person at the principal office of the surveying authority.
6
An entry in the register covering the matters set out in sub-paragraphs (a) to (f) of regulation 2(1) shall be made by the later of:
a
the date falling 28 days from the date such application is received by a surveying authority; and
b
the relevant date,
and the register shall be updated as soon as reasonably practicable (but in any event not before the relevant date) to take into account any of the matters set out in sub-paragraphs (g) to (l) of regulation 2(1).
7
A surveying authority shall amend the register if it is satisfied that the register contains a material error.
Transitional provision
4
These Regulations do not apply to any application under section 53(5) of the Act which has been determined by the surveying authority under Schedule 14 to the Act before the relevant date.
Jim Knight
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
1st September 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Blood Safety and Quality (Amendment) (No. 2) Regulations 2005 and shall come into force on 8 th November 2005.
2
In these Regulations, “the principal Regulations ” means the Blood Safety and Quality Regulations 2005 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1 of the principal Regulations (citation, commencement and interpretation), in paragraph (3), for the definition of “blood establishment” substitute the following definition —
“blood establishment” means any person who carries out any of the activities specified in regulation 3(2) which require an authorisation by virtue of that regulation;
.
Amendment of regulation 6 of the principal Regulations
3
In regulation 6 of the principal Regulations (the responsible person for a blood establishment) —
a
in paragraph (7), after “paragraph (2)” insert “or that he is failing to carry out the tasks specified in paragraph (1) adequately or at all”; and
b
in paragraph (8), after “paragraph (2)” insert “or that he is carrying out the tasks specified in paragraph (1) adequately”.
Amendment of regulation 10 of the principal Regulations
4
In regulation 10 of the principal Regulations (requirement for hospital blood banks to provide information to the Secretary of State) —
a
in paragraph (1) —
i
for “As soon as practicable after the end of the reporting year” substitute “On or before the date specified in paragraph (1A)”, and
ii
for “an annual report” substitute “a report”; and
b
after paragraph (1), insert the following paragraph —
1A
The date referred to in paragraph (1) is —
a
in relation to the reporting year ending on 31st March 2006, 31st December 2005; and
b
in relation to each subsequent reporting year, 30th April following the end of that year.
.
Amendment of regulation 18 of the principal Regulations
5
In regulation 18 of the principal Regulations (criminal offences), in paragraph (8), for “married, his spouse” substitute “married or a civil partner, his spouse or civil partner”.
Amendment of regulation 22 of the principal Regulations
6
1
Regulation 22 of the principal Regulations (fees) is amended as follows.
2
In paragraph (2), after sub-paragraph (b) insert the following sub-paragraph —
bb
in respect of the assessment by the Secretary of State of serious adverse events and serious adverse reactions notified by blood establishments, an annual haemovigilance fee calculated in accordance with paragraph (2A); and
.
3
After paragraph (2), insert the following paragraph —
2A
The fee payable under paragraph (2)(bb) shall be —
a
in respect of the reporting year ending on 31st March 2006, £156; and
b
in respect of each subsequent reporting year, £375.
.
4
After paragraph (3), insert the following paragraphs —
3A
In respect of each reporting year in which a hospital blood bank has operated, the person who is responsible for management of that hospital blood bank shall pay to the Secretary of State a fee of £400.
3B
Subject to paragraph (3D), in respect of the assessment by the Secretary of State of serious adverse events and serious adverse reactions notified by hospital blood banks, the person who is responsible for management of a hospital blood bank shall pay to the Secretary of State an annual haemovigilance fee calculated in accordance with paragraph (3C).
3C
The fee payable under paragraph (3C) shall be —
b
in respect of the reporting year ending on 31st March 2006, £156; and
c
in any other case, £375.
3D
No fee shall be payable under paragraph (3B) by a person responsible for the management of a hospital blood bank if that person is authorised as a blood establishment under these Regulations.
.
5
After paragraph (5), insert the following paragraphs —
5A
Where the Secretary of State carries out an inspection of a contract laboratory, he may charge the person having control of that laboratory and that person shall, if so charged, pay to the Secretary of State a fee calculated in accordance with paragraph (5B).
5B
Subject to paragraph (5C), the fee payable under paragraph (5A) shall be —
a
if the laboratory carries out only one type of analytical work, £2,000;
b
if the laboratory carries out two types of analytical work, £3,000; and
c
if the laboratory carries out three types of analytical work, £4,000.
5C
Where an inspection referred to in paragraph (5A) takes place at the same time as an inspection by a person appointed by the Good Laboratory Practice Monitoring Authority under regulation 3(4) of the Good Laboratory Practice Regulations 1999 , for the purposes of ascertaining whether the contract laboratory complies with the principles of good laboratory practice, the fee payable under paragraph (5A) shall be —
a
if the laboratory carries out only one type of analytical work, £500;
b
if the laboratory carries out two types of analytical work, £1,250; and
c
if the laboratory carries out three types of analytical work, £2,000.
5D
The types of analytical work referred to in paragraphs (5B) and (5C) are —
a
physico-chemical analysis,
b
microbiological analysis including sterility testing, and
c
biological analysis.
.
6
In paragraph (6), before the definition of “major site” insert the following definition —
“contract laboratory” means a laboratory carrying out testing of blood or blood components on behalf of, and pursuant to a contractual arrangement with —
a blood establishment which is authorised under these Regulations; or
a person responsible for management of a hospital blood bank;
.
7
In paragraph (7) —
a
at the beginning insert “Subject to paragraph (7A),”; and
b
after sub-paragraph (ii) insert the following sub-paragraphs —
iia
any fee payable pursuant to paragraph (2)(bb) or (3B) shall be payable —
aa
if it is payable in respect of the reporting year ending on 31st March 2006, on 31st December 2005, and
bb
if it is payable in respect of any subsequent reporting year, on 30th April during that year;
iib
the fee payable pursuant to paragraph (3A) shall be payable —
aa
if it is payable in respect of the reporting year ending on 31st March 2006, on 31st December 2005, and
bb
if it is payable in respect of any subsequent reporting year, on 30th April following the end of that year;
.
8
After paragraph (7), insert the following paragraph —
7A
In the case of a blood establishment granted an authorisation under regulation 4 before 8th November 2005, the periodic fee payable pursuant to paragraph (2)(c) shall be payable on 8th November 2006 and, while the blood establishment continues to be authorised to operate as such pursuant to these Regulations, annually thereafter.
.
Signed by authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State,
Department of Health
14th October 2005
We consent,
Dave Watt
Vernon Coaker
Two of the Lords Commissioners' of Her Majesty’s Treasury
17th October 2005


text:
Title, application and commencement
1
These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2005, shall apply in relation to England only and shall come into force on 11th March 2005.
Amendments to the Plastic Materials and Articles in Contact with Food Regulations 1998
2
The Plastic Materials and Articles in Contact with Food Regulations 1998 are amended, in so far as they apply in relation to England, in accordance with regulations 3 to 16 of these Regulations.
3
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
for the definition of “additive” substitute ““additive” means a substance as defined in paragraph 1 of the general introduction to Annex III to the Directive as read with paragraph 3 of Article 4 of the Directive;”;
ii
in the definition of “Council Directive 82/711”, omit the words “as amended” to the end;
iii
after the definition of “Council Directive 82/711” insert the following definitions —
“Council Directive 88/388” means Council Directive 88/388/EEC on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production ;
“Council Directive 89/107” means Council Directive 89/107/EEC on the approximation of the laws of the Member States concerning food additives authorised in foodstuffs intended for human consumption ;
;
iv
omit the definition of “EEA Agreement”;
v
for the definition of “EEA State” substitute ““EEA State” means a Member State (other than the United Kingdom), Norway, Iceland and Liechtenstein;”;
vi
after the definition of “EEA State” insert the following definition —
“EFSA” means the European Food Safety Authority;
;
vii
after the definition of “preparation” insert the following definition —
“the purity Directives” means Commission Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs , Commission Directive 95/45/EC laying down purity criteria concerning colours for use in foodstuffs and Commission Directive 96/77/EC laying down specific purity criteria for food additives other than colours or sweeteners ;
;
b
after paragraph (5) add —
6
Any reference in these Regulations to a Community instrument shall be construed as a reference to that instrument as amended at the time the Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2005 were made.
.
4
In regulation 4 (restriction on the use of monomers in the manufacture of plastic materials and articles) —
a
in paragraph (2) omit sub-paragraphs (a) and (b);
b
in paragraph (5)(b)(ii) after the word “material” in each case insert the words “or article”.
5
In regulation 5 (restriction on the use of additives in the manufacture of plastic materials and articles) —
a
in paragraph (1) add after sub–paragraph (d) —
e
any food additive authorised by Council Directive 89/107 or any flavouring authorised by Council Directive 88/388 that migrates into food —
i
i)in a quantity that has a technological function in the final food product, or
ii
where the food is of a type for which the use of any such food additive or flavouring is so authorised, in quantities exceeding the limits provided for in Council Directive 89/107 or Council Directive 88/388 as appropriate, or in Schedule 2 to these Regulations, whichever is the lower.
;
b
in paragraph (4)(b)(ii) after the word “material” in each case insert the words “or article”.
6
After regulation 5A insert the following regulation —
Applications for inclusion of an additive in the Community list of authorised additives
5B
1
This regulation applies where a person wishes to make an application for the inclusion of an eligible additive in the Community list referred to in Article 4 of the Directive.
2
An application mentioned in paragraph (1) including supporting data must be made to EFSA before 1st January 2007.
3
If, during examination of the data referred to in paragraph (2), EFSA calls for supplementary information, the eligible additive may, if permitted to be used under English law, continue to be so used until EFSA has issued an opinion, provided such information is submitted within the time limits specified by EFSA.
4
For the purposes of this regulation an eligible additive is one whose use is permitted in one or more Member States before 1st January 2007.
.
7
For regulation 8 (labelling) substitute the following —
At marketing stages other than the retail stage a person who is in possession of any plastic material or article intended to come into contact with food shall ensure that the plastic material or article is accompanied by a written declaration which —
a
attests that it complies with the legislation applicable to it; and
b
provides, in respect of substances that are subject to a restriction on quantities migrating into food, information obtained from experimental data or theoretical calculation concerning —
i
i)the levels of migration specific to those substances;
ii
where appropriate, purity criteria in accordance with the purity Directives.
.
8
In regulation 10 (offences) —
a
in paragraph (1) for the figure “8(1)” substitute the figure “8”;
b
after paragraph (24) add —
25
In any proceedings for an offence under these Regulations it shall be a defence to prove that —
a
the act constituting the offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1st March 2006; and
b
the act constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by the Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2005 had not been in force at the time that act occurred.
.
9
In Schedule 1, Part I —
a
in Section A (monomers authorised without time limit) —
i
insert in the appropriate numerical order the entries set out in Schedule 1 to these Regulations;
ii
for items 15A, 39, 70, 120B, 147, 147A, 147B and 188 substitute the entries set out in Schedule 2 to these Regulations;
iii
omit items 76B and 76C with their corresponding entries;
b
omit Sections B and C.
10
In Schedule 1, Part II (supplementary) paragraph 4 —
a
at the end of note (21) for “and 18670,” substitute “,18670, 54880 and 59280”;
b
after note (25) add the following —
27
QMA(T) in this case means that the restriction shall not be exceeded by the sum of the residual quantities of the following substances having PM/REF Nos. 10599/90A, 10599/91, 10599/92A and 10599/93.
28
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances having PM/REF Nos. 13480 and 39680.
29
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances having PM/REF Nos. 22775 and 69920.
32
Compliance testing when there is a fat contact should be performed using isooctane as substitute of simulant D (unstable).
33
QMA(T) in this case means that the restriction shall not be exceeded by the sum of the residual quantities of the following substances having PM/REF Nos. 14800 and 45600.
11
In Schedule 2, Part I (incomplete list of additives used in the manufacture of plastic materials and articles) —
a
insert in appropriate numerical order the entries set out in Schedule 3 to these Regulations;
b
for items 60A and 198A substitute the entries set out in Schedule 4 to these Regulations;
c
omit items 112, 173A, 195C and 240 with their corresponding entries.
12
In Schedule 2, Part II (incomplete list of additives used in the manufacture of plastic materials and articles to which paragraph 5 of Part III of Schedule 2 applies) —
a
insert in appropriate numerical order the entries set out in Schedule 5 to these Regulations;
b
omit items 28, 80 and 111A with their corresponding entries.
13
In Schedule 2, Part III (supplementary) —
a
in paragraph 4 —
i
in note (8), insert in the appropriate numerical order “38000” and “67896”;
ii
in note (10), after “levels” insert “(expressed as iodine)”;
iii
at the end of note (21), for “and 18670,” substitute “,18670, 54880 and 59280”;
iv
after note (24) add the following —
26
QMA(T) in this case means that the restriction shall not be exceeded by the sum of the residual quantities of the following substances mentioned as reference Nos. 14950, 15700, 16240, 16570, 16600, 16630, 18640, 19110, 22332, 22420, 22570, 25210, 25240 and 25270.
27
QMA(T) in this case means that the restriction shall not be exceeded by the sum of the residual quantities of the following substances having PM/REF Nos. 10599/90A, 10599/91, 10599/92A and 10599/93.
28
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances having PM/REF Nos. 13480 and 39680.
29
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances having PM/REF Nos. 22775 and 69920.
30
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances having PM/REF Nos. 86480, 86960 and 87120.
31
Compliance testing when there is a fat contact should be performed using saturated fatty food simulants as simulant D.
32
Compliance testing when there is a fat contact should be performed using isooctane as substitute of simulant D (unstable).
33
QMA(T) in this case means that the restriction shall not be exceeded by the sum of the residual quantities of the following substances having PM/REF Nos. 14800 and 45600.
34
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the following substances having PM/REF Nos. 55200, 55280 and 55360.
;
b
in paragraph 5 for “1st January 2004” substitute “1st July 2006”.
14
In Schedule 2A (products obtained by bacterial fermentation) for the entry in the column headed “restrictions and specifications” substitute the following —
“In compliance with specifications included in Schedule 2B”.
15
For the table in Schedule 2B (specifications) substitute the table set out in Schedule 6 to these Regulations.
16
For paragraph 4(b) of Part I (basic rules) of Schedule 4 (overall and specific migration testing using food simulants) substitute the following —
b
omit the migration, the substitute or the alternative tests where —
i
i)there is conclusive proof that the migration limits cannot be exceeded in any foreseeable conditions of use of the material or article, or
ii
the conditions for non–compulsory testing set out in article 8.2 or 8.3 of the Directive are met.
.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State
Department of Health
9th February 2005


text:
1
This Instrument may be cited as The Derbyshire County Council (Erewash Canal Bridge) Scheme 2003 Confirmation Instrument 200 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Derbyshire County Council (Erewash Canal Bridge) Scheme 2003 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plan) and copies of the Scheme with its accompanying plan are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA, and at the offices of the Derbyshire County Council, County Hall, Matlock, Derbyshire, DE4 3AG.
Signed by authority of the Secretary of State for Transport
J Blackie
Regional Director Government Office for the North East
5th July 2005


text:
Title, commencement and application
1
These Regulations may be cited as the Contaminants in Food (England) (Amendment) Regulations 2005, shall come into force on 11th April 2005 and shall apply in relation to England only.
Amendments to the Contaminants in Food (England) Regulations 2004
2
The Contaminants in Food (England) Regulations 2004 are amended as follows —
a
in the definition of “the Commission Regulation” after “Commission Regulation (EC) No 455/2004 ” insert “,Commission Regulation (EC) No 655/2004 , Commission Regulation (EC) No 683/2004 ” ;
b
in regulation 8 —
i
in paragraph (3) after the words “which shall” delete the word “be”;
ii
in paragraphs (5) and (6) for the expression “paragraph (4)” substitute the expression “paragraph (3)”;
c
in regulation 9, in paragraph (8) for the expression “summary execution” substitute the expression “summary conviction”.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
17th March 2005