text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Mid Kent Water (Non-Essential Use) Drought Order 2006.
2
This Order shall come into force on 26th May 2006.
3
In this Order —
“the Company” means Mid Kent Water Limited; and
“wildlife garden ponds” means ponds in private gardens which are primarily managed or kept to provide a natural habitat for wild animals.
4
This Order applies in relation to water supplied by the Company in any part of its area of supply.
Power to prohibit or limit the use of water for certain purposes
2
The Company may prohibit or limit the use of water for any of the following purposes —
a
the watering, by hosepipe, sprinkler or other similar apparatus, of —
i
gardens (other than market gardens), including lawns, verges and other landscaped areas,
ii
allotments,
iii
parks, or
iv
any natural or artificial surfaces used for sport or recreation,
whether publicly or privately owned;
b
the filling (whether wholly or partially) of privately owned swimming pools, other than —
i
pools designed to be used in the course of a programme of medical treatment;
ii
the filling of pools where necessary in the course of their construction;
c
the filling (whether wholly or partially) of ornamental ponds other than fish ponds and wildlife garden ponds;
d
the operation of mechanical vehicle washers, whether automatic or not;
e
the washing of road vehicles, boats, railway rolling stock or aircraft for any reason other than safety or hygiene;
f
the cleaning of the exterior of buildings, other than windows;
g
the cleaning of windows by hosepipe, sprinkler or other similar apparatus;
h
the cleaning of industrial premises or plant for any reason other than safety or hygiene;
i
the operation of ornamental fountains or cascades, including those where water is recycled; and
j
the operation, in relation to any building or other premises, of any cistern which flushes automatically, during any period when those premises are wholly or substantially unoccupied.
Duration of authorisation
3
The authorisation given by article 2 shall cease to have effect on 25th November 2006.
Richard Wood
Head of Water Supply and Regulation Division, for and on behalf of the Secretary of State for Environment, Food and Rural Affairs
25th May 2006


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Armed Forces Act 2001 (Commencement No. 6) Order 2006.
2
The following provisions of the Armed Forces Act 2001(“ the Act ”) shall come into force on 3rd February 2006 —
section 32(1) to (8);
section 32(9) so far as it is not already in force;
section 33;
Schedule 5 so far as it is not already in force.
3
In relation to sections 32 and 33 of, and paragraphs 2, 3, 4, 6 and 7 of Schedule 5 to, the Act, article 2 only applies to incidents which occur on or after 3 rd February 2006.
Don Touhig
Parliamentary Under Secretary of State Ministry of Defence
1st February 2006


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) (No.4) Order 2006 and comes into force on 1st November 2006.
2
The persons named in the Schedule to this Order are appointed Her Majesty’s Inspectors of Schools in England.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
This Order may be cited as The Selective Licensing of Houses (Specified Exemptions) (England) Order 2006 and shall come into force on 6th April 2006.
2
This Order applies to houses in England only.
Exempt tenancies or licences for the purposes of Part 3 of the Housing Act 2004
2
1
A tenancy or licence of a house or a dwelling contained in a house is an exempt tenancy or licence for the purposes of Part 3 of the Housing Act 2004 (“ the Act ”) if it falls within any of the following descriptions —
a
a tenancy or licence of a house or dwelling that is subject to a prohibition order made under section 20 of the Act whose operation has not been suspended in accordance with section 23 of the Act;
b
a tenancy described in any of the following provisions of Part 1 of Schedule 1 to the Housing Act 1988 , which cannot be an assured tenancy by virtue of section 1(2) of that Act —
i
paragraph 4 (business tenancies);
ii
paragraph 5 (licensed premises) ;
iii
paragraph 6 (tenancies of agricultural land); or
iv
paragraph 7 (tenancies of agricultural holdings etc ) ;
c
a tenancy or licence of a house or a dwelling that is managed or controlled by —
i
a local housing authority;
ii
a police authority established under section 3 of the Police Act 1996 ;
iii
the Metropolitan Police Authority established under section 5B of the Police Act 1996;
iv
a fire and rescue authority under the Fire and Rescue Services Act 2004 ; or
v
a health service body within the meaning of section 4 of the National Health Service and Community Care Act 1990 ;
d
a tenancy or licence of a house which is not a house in multiple occupation for any purposes of the Act (except Part 1) by virtue of —
i
paragraph 3 of Schedule 14 to the Act (buildings regulated otherwise than under the Act); or
ii
paragraph 4(1) of that Schedule (buildings occupied by students) ;
e
a tenancy of a house or a dwelling where —
i
the full term of the tenancy is more than 21 years;
ii
the lease does not contain a provision enabling the landlord to determine the tenancy, other than by forfeiture, earlier than at end of the term; and
iii
the house or dwelling is occupied by a person to whom the tenancy was granted or his successor in title or any members of such person’s family;
f
a tenancy or licence of a house or a dwelling granted by a person to a person who is a member of his family where —
i
the person to whom the tenancy or licence is granted occupies the house or dwelling as his only or main residence;
ii
the person granting the tenancy or licence is the freeholder or the holder of a lease of the house or dwelling the full term of which is more than 21 years; and
iii
the lease referred to in sub-paragraph (ii) does not contain a provision enabling the landlord to determine the tenancy, other than by forfeiture, earlier than at end of the term;
g
a tenancy or licence that is granted to a person in relation to his occupancy of a house or a dwelling as a holiday home; or
h
a tenancy or licence under the terms of which the occupier shares any accommodation with the landlord or licensor or a member of the landlord’s or licensor’s family.
2
For the purposes of this article —
a
a person is a member of the same family as another person if —
i
those persons live as a couple;
ii
one of them is the relative of the other; or
iii
one of them is, or is a relative of, one member of a couple and the other is a relative of the other member of the couple;
b
“couple” means two persons who are married to each other or live together as husband and wife (or in an equivalent relationship in the case of persons of the same sex);
c
“relative” means parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or cousin;
d
a relationship of the half-blood is to be treated as a relationship of the whole blood;
e
a stepchild of a person is to be treated as his child;
f
an occupier shares accommodation with another person if he has the use of an amenity in common with that person (whether or not also in common with others); and
g
“amenity” includes a toilet, personal washing facilities, a kitchen or a living room but excludes any area used for storage, a staircase , corridor or other means of access.
Signed by authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
15th February 2006


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) Regulations 2006 and shall come into force on 8th September 2006.
Amendments to regulation 20 (fees for examinations)
2
1
Regulation 20 of the Motor Vehicles (Tests) Regulations 1981 shall be amended as follows.
2
For paragraph (3), there shall be substituted —
3
Where, on an examination of a vehicle other than a vehicle in Class VI or VIA, it is found that some or all of the prescribed statutory requirements are not complied with or where, in the circumstances mentioned in regulation 16, a full examination of the braking system or systems of the vehicle is not carried out then —
a
if the vehicle is left at the vehicle testing station at which the examination took place so that the defects which have been revealed can be repaired, no fee shall be payable in respect of a re-examination carried out there on the completion of those repairs, provided that the re-examination is carried out before the expiration of a period of 10 days starting on the day after the day of the initial examination; and
b
if there has been no change to the authorised examiner at the vehicle testing station between those examinations.
3ZA
Where, on an examination of a vehicle other than a vehicle in Class VI or VIA, it is found that some or all of the prescribed statutory requirements are not complied with or where, in the circumstances mentioned in regulation 16, a full examination of the braking system or systems of the vehicle is not carried out then —
a
if the vehicle is returned to the vehicle testing station at which the examination took place and a re-examination is carried out before the expiration of a period of 10 days starting on the day after the day of the initial examination, the fee payable shall be a maximum of one-half of the fee otherwise chargeable; and
b
if there has been no change to the authorised examiner at the vehicle testing station between those examinations.
.
3
In paragraph (3A), the words “IVA, VA ,” shall be omitted.
4
At the end of paragraph (3A)(a), there shall be added “, provided that there has been no change to the authorised examiner at the vehicle testing station between those examinations”.
5
In paragraph (3A)(b) —
a
the words “anti-lock braking system warning device” and “emissions” shall be omitted; and
b
for “lamps;” there shall be substituted “lamps (other than headlamp aim);”.
6
For paragraphs (3B) and (3C), there shall be substituted —
3B
Subject to paragraph (3C), where, on an examination of a vehicle in Class IVA or VA, it is found that some or all of the prescribed statutory requirements, other than those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with, then provided that —
a
the vehicle is re-examined at the same testing station where it failed the examination; and
b
there has been no change to the authorised examiner at the vehicle testing station since that examination,
the fee payable for the re-examination shall be calculated as if the vehicle was in Class IV or V respectively.
3C
Where, on the re-examination of a vehicle in Class IVA or VA, it is found that some or all of the prescribed statutory requirements, other than those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with, if the vehicle is re-examined in the circumstances referred to in paragraph (3ZA), the fee payable for the re-examination shall be a maximum of one-half of the fee chargeable for a Class IV or V vehicle respectively.
.
Signed by authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
20th July 2006


text:
1
This Order may be cited as the Finance Act 2006, Section 53(1) (Films and Sound Recordings) (Appointed Day) Order 2006.
2
The day appointed for the purposes of section 53(1) of the Finance Act 2006 is 1st January 2007.
Kevin Brennan
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
18th December 2006


text:
Citation
1
This Order may be cited as the Shire Oak CofE Primary School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The Shire Oak CofE Primary School, Wood Lane, Headingley, Leeds, LS6 2DT, a voluntary controlled school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
9th November 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Primary Care Trusts (Establishment and Dissolution) (England) Order 2006 and shall come into force on 1st October 2006.
2
In this Order —
“Act” means the National Health Service Act 1977;
“assessment panel” means a committee or a sub-committee of a Primary Care Trust (other than the Primary Care Trust which is party to the contract in question) appointed to exercise functions pursuant to paragraphs 31 (rejection of closure notice by the Primary Care Trust) and 35 (assignments to closed lists: determination of the assessment panel) of Schedule 6 to the GMS Regulations , or paragraphs 30 (rejection of closure notice) and 34 (assignments to closed lists: determination of the assessment panel) of Schedule 5 to the PMS Regulations ;
“corresponding list” means a list maintained on and after the operational date by a new PCT that corresponds to an old list of the same type;
“dispensing doctor list” means a list maintained by an old PCT pursuant to section 43 of the Act (persons authorised to provide pharmaceutical services) immediately before the operational date;
“dividing PCTs ” means Cherwell Vale Primary Care Trust, Morecambe Bay Primary Care Trust, Poole Primary Care Trust, Preston Primary Care Trust, South Peterborough Primary Care Trust and Waveney Primary Care Trust;
“GMS Regulations” means the National Health Service (General Medical Services Contracts) Regulations 2004 ;
“local representative committee” means a Local Optical Committee or Local Pharmaceutical Committee recognised by a Primary Care Trust pursuant to section 44 of the Act , a Local Medical Committee recognised by a Primary Care Trust pursuant to section 45A of the Act , or a Local Dental Committee recognised by a Primary Care Trust pursuant to section 45B of the Act ;
“new PCTs” means the Primary Care Trusts established by article 3;
“old list” means a dispensing doctor list, an ophthalmic list, an opthalmic supplementary list, a performers list or a pharmaceutical list;
“old PCTs” means —
the Primary Care Trusts which are listed in column (1) of Schedule 2; and
the dividing PCTs;
“ongoing matter” has the meaning given in article 9(1) and (2);
“operational date” means 1st October 2006;
“ophthalmic list” means a list maintained by an old PCT pursuant to section 39 of the Act (regulations as to section 38) immediately before the operational date;
“ophthalmic supplementary list” means a list maintained by an old PCT pursuant to section 43D of the Act (supplementary lists) immediately before the operational date;
“performers list” means a list maintained by an old PCT pursuant to section 28X of the Act (persons performing primary medical and dental services) immediately before the operational date;
“pharmaceutical list” means a list maintained by an old PCT pursuant to section 42 of the Act (regulations as to pharmaceutical services) immediately before the operational date;
“ Pharmaceutical Services Regulations ” means the the National Health Service (Pharmaceutical Services) Regulations 2005 ;
“PMS Regulations” means the National Health Service (Personal Medical Services Agreements) Regulations 2004 ;
“practitioner” means a person whose name was, immediately before the operational date, included in an old list;
“relevant new PCT” means —
in relation to any old PCT specified in column (1) of Schedule 2, the new PCT which is specified in column (2) of that Schedule in relation to that old PCT; and
in relation to the dividing PCTs, “relevant new PCT” has the meaning given in article 2; and
“ Service Committees and Tribunal Regulations ” means the National Health Service (Service Committees and Tribunal) Regulations 1992 .
Interpretation of “relevant new PCT” for the dividing PCTs
2
1
For the purposes of articles 8 and 9, the relevant new PCT in relation to the dividing PCTs shall be determined in accordance with articles 10 to 14.
2
For all other purposes and subject to the provisions of paragraph (3), in relation to that part of the area for which the dividing PCT was established which is specified in column (2) of Schedule 3, the relevant new PCT is the new PCT which is specified in column (3) of that Schedule in relation to that part.
3
If, in applying paragraph (2) to a particular matter, there is more than one relevant new PCT in relation to a dividing PCT and it is necessary or expedient for the matter to be dealt with by a single new PCT, the new PCTs involved shall agree between themselves as to which of them is the relevant new PCT in relation to that matter.
4
In any case where the new PCTs involved are unable to agree between themselves in accordance with paragraph (3) as to whether it is necessary or expedient for a single new PCT to deal with a matter, or as to which of them is the relevant new PCT in relation to a matter —
a
the Strategic Health Authority in whose area those new PCTs' areas are situated; or
b
if there is more than one such Authority, those Authorities acting together;
shall determine the issue.
Establishment, names and areas of the new PCTs
3
For each of the areas described in column (2) of Schedule 1 to this Order there is established a Primary Care Trust which shall be known by the name specified in column (1) of that Schedule.
Dissolution of the old PCTs
4
The old PCTs are dissolved.
Accounts of the old PCTs
5
Any duty imposed on any of the old PCTs by or under section 98 of the Act , but not performed by the operational date, shall be performed by the relevant new PCT.
Winding up of affairs of the old PCTs
6
It is the duty of each new PCT to take such action as may be necessary for the winding up of the affairs of any old PCT in relation to which it is the relevant new PCT.
Provision for continuity in the exercise of functions
7
1
Anything done before the operational date by or in relation to any of the old PCTs shall be treated on and after that date as if done by or in relation to the relevant new PCT.
2
The reference in paragraph (1) to anything done by or in relation to any of the old PCTs includes without limitation any applications made, any authorisations, directions or notices given, and any complaints made, to, by or in relation to any of the old PCTs.
3
Any instrument made by any of the old PCTs continues in force in relation to the relevant new PCT in accordance with its terms until it is varied or revoked by the relevant new PCT.
4
Any form supplied by any of the old PCTs continues to be a valid form in relation to the relevant new PCT until it is cancelled or withdrawn by the relevant new PCT, as if any reference contained in that form to the old PCT in question were a reference to the relevant new PCT.
5
So far as is necessary or appropriate, a reference in an agreement or other instrument to any of the old PCTs shall be treated on and after the operational date as a reference to the relevant new PCT.
6
This article is subject to the provisions of articles 8 and 9 and articles 15 to 19.
Allocation of practitioners to lists
8
A practitioner whose name was included in an old list maintained by an old PCT shall have his name included in the corresponding list of the relevant new PCT.
Matters consequential on allocation to lists
9
1
In this Order, “ongoing matter” means any application made by a person for inclusion in an old list, or any matter, question or proceeding in respect of a practitioner in relation to his inclusion in an old list under —
a
the National Health Service (General Ophthalmic Services) Regulations 1986 ;
b
the Service Committees and Tribunal Regulations;
c
the National Health Service (Performers Lists) Regulations 2004 ;
d
the National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005 ; or
e
the Pharmaceutical Services Regulations;
and which has not been finally determined or dealt with by an old PCT before the operational date.
2
The definition of “ongoing matter” in paragraph (1) does not include —
a
any matters dealt with by article 16 or 17; and
b
functions of a home Primary Care Trust under regulation 69A (Home Primary Care Trusts) of, paragraph 31 of Schedule 1 (Home Primary Care Trusts of bodies corporate) to, and paragraph 18 of Schedule 3 (Home Primary Care Trusts of bodies corporate) to the Pharmaceutical Services Regulations.
3
In any case where there is an ongoing matter —
a
the relevant new PCT shall be responsible for dealing with or determining the matter;
b
any acts done by the old PCT in relation to that matter before the operational date shall, on and after that date, be deemed to have been done by the relevant new PCT; and
c
any decision or determination binding on an old PCT that relates to an ongoing matter shall be binding on the relevant new PCT.
4
If an old list contained, in relation to a practitioner whose name was included in the list, any condition or contingent removal, or if the practitioner was suspended from the list, that condition, contingent removal or suspension shall apply to the corresponding list in which the practitioner’s name is included.
5
Where the Family Health Services Appeal Authority established under section 49S of the Act (the Family Health Services Appeal Authority) has taken a decision before the operational date and, by virtue of rule 46 of the Family Health Services Appeal Authority (Procedure) Rules 2001 (publication of certain decisions by FHSAA ), it was, at the time it took that decision, obliged to publish it, that obligation shall continue after the operational date if it has not published the decision by that date.
Interpretation of “relevant new PCT” in relation to the dividing PCTs for the purposes of performers lists
10
1
For the purposes of articles 8 and 9, so far as relating to performers lists, the relevant new PCT in relation to the dividing PCTs shall be determined in accordance with this article.
2
In relation to a practitioner whose name was included in a performers list —
a
the relevant new PCT is that new PCT with which the practitioner has, by virtue of an order made under paragraph 20 of Schedule 5A to the Act (Dissolution), a contract for the provision of primary medical services or primary dental services, as the case may be; or
b
except as provided for in paragraph (4), if the practitioner is not party to such a contract, or he is party to such a contract with more than one new PCT, the relevant new PCT is that new PCT which —
i
is established for an area which includes part of the area for which the old PCT, in whose performers list the practitioner’s name was included, was established; and
ii
has been nominated as the relevant new PCT by the practitioner on or before 31st August 2006 in a written notification addressed to the old PCT in whose performers list the practitioner’s name was included.
3
Where paragraph (2)(b) applies and no nomination was made by the practitioner in accordance with paragraph (2)(b)(ii), article 14 shall apply.
4
In relation to a practitioner who is described in paragraph (2)(b) and in respect of whom there is an ongoing matter, article 14 shall apply.
Interpretation of “relevant new PCT” in relation to the dividing PCTs for the purposes of ophthalmic, pharmaceutical and dispensing doctor lists
11
1
For the purposes of articles 8 and 9, so far as relating to ophthalmic, pharmaceutical and dispensing doctor lists, the relevant new PCT in relation to the dividing PCTs shall be determined in accordance with this article.
2
In relation to a practitioner whose name was included in an ophthalmic list or a pharmaceutical list, the relevant new PCT is any new PCT which is established for an area which includes —
a
part of the area for which the old PCT, in whose ophthalmic or pharmaceutical list the practitioner’s name was included, was established; and
b
either —
i
premises from which the practitioner undertakes to provide general ophthalmic services or pharmaceutical services, as the case may be; or
ii
in the case of a mobile ophthalmic practice, premises at which the practitioner regularly provides mobile ophthalmic services.
3
In relation to a practitioner whose name was included in a dispensing doctor list, the relevant new PCT is any new PCT which is established for an area which includes —
a
part of the area for which the old PCT, in whose dispensing doctor list the practitioner’s name was included, was established; and
b
premises in relation to which the practitioner has premises approval under Part 5 (Provision of Pharmaceutical Services by Doctors) of the Pharmaceutical Services Regulations.
4
In a case to which paragraph (2) or (3) applies where —
a
there is more than one relevant new PCT; and
b
there is an ongoing matter in relation to the practitioner;
article 14 shall apply for the purposes of determining which of those relevant new PCTs shall be the relevant new PCT in relation to that ongoing matter.
Interpretation of “relevant new PCT” in relation to the dividing PCTs for the purposes of ophthalmic supplementary lists
12
1
For the purposes of articles 8 and 9, so far as relating to ophthalmic supplementary lists, the relevant new PCT in relation to the dividing PCTs shall be determined in accordance with this article.
2
Except as provided for in paragraph (4), in relation to a practitioner whose name was included in an ophthalmic supplementary list, the relevant new PCT is that new PCT which —
a
is established for an area which includes part of the area for which the old PCT, in whose ophthalmic supplementary list the practitioner’s name was included, was established; and
b
has been nominated as the relevant new PCT by the practitioner on or before 31st August 2006 in a written notification addressed to the old PCT in whose ophthalmic supplementary list the practitioner’s name was included.
3
Where paragraph (2) applies and no nomination was made by the practitioner in accordance with paragraph (2)(b), article 14 shall apply.
4
In relation to a practitioner —
a
whose name was included in an ophthalmic supplementary list; and
b
in respect of whom there is an ongoing matter,
article 14 shall apply.
Interpretation of “relevant new PCT” in relation to the dividing PCTs for the purposes of applications for inclusion in lists
13
1
For the purposes of article 9, so far as relating to applications for inclusion in an old list, the relevant new PCT in relation to the dividing PCTs shall be determined in accordance with this article.
2
Paragraphs (3) to (6) apply in relation to a person who has, before the operational date, made an application to a dividing PCT for inclusion in an old list (other than a pharmaceutical list or a dispensing doctor list) which has not been finally determined by the dividing PCT by that date.
3
The relevant new PCT which shall deal with the application is the new PCT which is nominated in writing by the practitioner to be the relevant new PCT in relation to his application.
4
The nomination referred to in paragraph (3) shall be made to the new PCT which is to deal with the application, unless it was made before the operational date to the old PCT to whom the application was made.
5
If no nomination is made by the person in accordance with paragraphs (3) and (4) on or before 1st November 2006, one of the relevant new PCTs concerned (determined in accordance with article 14) shall notify the person in writing that a nomination is required.
6
If no nomination is made by the person in accordance with paragraphs (3) and (4) within the period of one month after the notification referred to in paragraph (5) was sent, the application shall lapse.
7
In relation to a person who has, before the operational date, made an application to a dividing PCT for inclusion in a pharmaceutical list or a dispensing doctor list which has not been finally determined by the dividing PCT by that date, the relevant new PCT is the new PCT whose area includes the premises to which the application relates.
Determination of which new PCT is to be the “relevant new PCT” in relation to the dividing PCTs for the purposes of lists
14
1
Where this article applies, the new PCTs involved shall agree between themselves, after considering any representations from the practitioner, as to which new PCT is to be the relevant new PCT in relation to the old PCT in whose old list the practitioner’s name was included, or in relation to the ongoing matter.
2
In any case where the new PCTs involved are unable to agree between themselves in accordance with paragraph (1) as to which of them is the relevant new PCT in relation to any old PCT or in relation to any ongoing matter —
a
the Strategic Health Authority in whose area those new PCTs' areas are situated; or
b
if there is more than one such Authority, those Authorities acting together;
shall determine the issue.
Local representative committees
15
1
Anything done before the operational date by or in relation to any local representative committee which was, immediately before the operational date, recognised by an old PCT shall be treated as having been done by or in relation to the corresponding committee recognised by the relevant new PCT.
2
A local representative committee recognised by an old PCT may exercise functions given to it under or as a consequence of —
a
section 45 (functions of Local Optical Committees and Local Pharmaceutical Committees), 45A (Local Medical Committees) or 45B (Local Dental Committees) of the Act;
b
the National Health Service (General Ophthalmic Services) Regulations 1986;
c
the Service Committees and Tribunal Regulations;
d
the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999;
e
the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002 ;
f
the GMS Regulations;
g
the PMS Regulations;
h
the Pharmaceutical Services Regulations;
i
the National Health Service (Local Pharmaceutical Services etc. ) Regulations 2006 ;
j
the General Dental Services and Abolition of the Dental Practice Board (Transitional and Consequential Provisions) Order 2006 ;
in relation to any matter which was referred to it, or initiated by it, before the operational date, as if it were a committee recognised by the relevant new PCT.
3
In this article, “corresponding committee” means a Local Medical Committee, Local Dental Committee, Local Optical Committee or Local Pharmaceutical Committee as the case may be.
Reference committees appointed by the old PCTs under the Service Committees and Tribunal Regulations
16
A reference committee appointed by an old PCT under regulation 3(4) of the Service Committees and Tribunal Regulations (establishment of committees) may exercise any relevant functions under those Regulations in relation to any matter which was referred to it before the operational date, as if it were a committee appointed by the relevant new PCT.
Discipline committees appointed by the old PCTs under the Service Committees and Tribunal Regulations
17
1
Except as provided for in paragraphs (2) to (7), a discipline committee appointed by an old PCT under regulation 3(1) of the Service Committees and Tribunal Regulations (establishment of committees) may exercise any relevant functions under those Regulations in relation to any matter which was referred to it before the operational date, as if it were a committee appointed by the relevant new PCT.
2
Paragraph (3) applies where —
a
before the operational date, an old PCT (“A”) has referred a matter pursuant to regulation 5 of the Service Committees and Tribunal Regulations (referral to investigating discipline committee) to another old PCT (“B”) for investigation by a discipline committee appointed by B;
b
the investigation of the matter has not been finally completed before the operational date;
c
by virtue of article 7, acts done by A and B are treated as having been done by a new PCT (“C”); and
d
by virtue of paragraph (1), the discipline committee investigating the matter is treated as having been appointed by C.
3
Where this paragraph applies, C and the discipline committee investigating the matter shall take no further steps in the investigation of it and C shall transfer the investigation to another Primary Care Trust (“D”) which has not appointed, and is not by virtue of paragraph (1) to be treated as having appointed, any discipline committee jointly with C.
4
Where the investigation of a matter is transferred as referred to in paragraph (3) —
a
the investigation shall be continued by a discipline committee appointed by D;
b
anything done in relation to the investigation of the matter by or in relation to the discipline committee appointed by B shall be treated as having been done by or in relation to the discipline committee appointed by D; and
c
anything done in relation to the investigation of that matter by or in relation to B shall be treated as having been done by or in relation to D.
5
Paragraph (6) applies where —
a
before the operational date, an old PCT (“E”) has referred a matter pursuant to regulation 5 of the Service Committees and Tribunal Regulations to an old PCT (“F”) for investigation by a discipline committee appointed by F;
b
the investigation of the matter has not been finally completed before the operational date;
c
by virtue of article 7, a new PCT (“G”) is treated as the new PCT which referred the matter for investigation;
d
by virtue of article 7, a new PCT (“H”) is treated as the new PCT to which the matter has been referred for investigation;
e
the discipline committee to which the matter has been referred was appointed jointly by F and another old PCT in relation to which the relevant new PCT is G (whether or not together with another Primary Care Trust or Trusts); and
f
by virtue of paragraph (1), the discipline committee investigating the matter is treated as having been appointed jointly by G and H.
6
Where this paragraph applies, H and the discipline committee investigating the matter shall take no further steps in the investigation of it and H shall transfer the investigation to another Primary Care Trust (“I”) which has not appointed, and is not by virtue of paragraph (1) to be treated as having appointed, any discipline committee jointly with G or H.
7
Where the investigation of a matter is transferred as referred to in paragraph (6) —
a
the investigation shall be continued by a discipline committee appointed by I;
b
anything done in relation to the investigation of the matter by or in relation to the discipline committee appointed by F shall be treated as having been done by or in relation to the discipline committee appointed by I; and
c
anything done in relation to the investigation of that matter by or in relation to F shall be treated as having been done by or in relation to I.
Assessment panels appointed by the old PCTs
18
1
Except as provided for in article 19, an assessment panel appointed by an old PCT may exercise any relevant functions pursuant to paragraph 31 (rejection of closure notice by the Primary Care Trust) or 35 (assignments to closed lists: determination of the assessment panel) of Schedule 6 to the GMS Regulations, or pursuant to paragraph 30 (rejection of closure notice) or 34 (assignments to closed lists: determination of the assessment panel) of Schedule 5 to the PMS Regulations, in relation to any matter which was referred to it before the operational date, as if it were a committee appointed by the relevant new PCT.
2
Where paragraph (1) applies, the relevant new PCT shall consider the composition of the assessment panel which is determining the matter and shall ensure that it continues to comply with paragraph 31(5) of Schedule 6 to the GMS Regulations, or paragraph 30(5) of Schedule 5 to the PMS Regulations, as the case may be.
Referrals to assessment panels
19
1
Paragraph (2) applies where —
a
before the operational date, an old PCT (“A”) has referred a matter to an assessment panel appointed by another old PCT (“B”);
b
the assessment panel has not finally determined the matter before the operational date;
c
by virtue of article 7, acts done by A and B are treated as having been done by a new PCT (“C”); and
d
by virtue of article 18, the assessment panel to which the matter has been referred is treated as having been appointed by C.
2
Where this paragraph applies, C and the assessment panel determining the matter shall take no further steps in the determination of it and C shall transfer the matter to the assessment panel of another Primary Care Trust (“D”).
3
Where the determination of a matter is transferred as referred to in paragraph (2) —
a
the matter shall be determined by an assessment panel appointed by D;
b
anything done in relation to the determination of the matter by or in relation to the assessment panel appointed by B shall be treated as having been done by or in relation to the assessment panel appointed by D; and
c
anything done in relation to the determination of that matter by or in relation to B shall be treated as having been done by or in relation to D.
Revocation
20
The Orders specified in Schedule 4 to this Order are revoked.
Signed by authority of the Secretary of State for Health
Norman Warner
Minister of State
Department of Health
24th July 2006


text:
Citation and commencement
1
This Order may be cited as the Crime and Disorder Act 1998 (Relevant Authorities and Relevant Persons) Order 2006 and shall come into force on 1st September 2006.
Relevant Authority and Relevant Persons: Environment Agency
2
1
The Environment Agency is to be a relevant authority for the purposes of sections 1 , 1B , 1CA and 1E of the Crime and Disorder Act 1998 in the cases and circumstances prescribed by paragraph (2).
2
Those cases and circumstances are where a person has acted in an anti-social manner on, or in relation to, any land and the Environment Agency has a statutory function in relation to that land.
3
The relevant persons in relation to the Environment Agency are —
a
persons who are on, or likely to be on, the land referred to in paragraph (2); or
b
persons who are in the vicinity of, or likely to be in the vicinity of, that land.
Relevant Authority and Relevant Persons: Transport for London
3
1
Transport for London is to be a relevant authority for the purposes of sections 1, 1B, 1CA and 1E of the Crime and Disorder Act 1998 in the cases and circumstances prescribed by paragraph (2).
2
Those cases and circumstances are where a person has acted in an anti-social manner on, or in relation to, any land or vehicles used in connection with, or for the purposes of, the provision of a relevant transport service.
3
The relevant persons in relation to Transport for London are —
a
persons who are on, or likely to be on, any of the land or vehicles referred to in paragraph (2); or
b
persons who are in the vicinity of, or likely to be in the vicinity of, such land or vehicles.
4
In this article —
a
the references to Transport for London are references to the body established by section 154 of the Greater London Authority Act 1999 (“the 1999 Act ”); and
b
“relevant transport service” means a bus, tramway, river transport or train service provided by Transport for London or any of its subsidiaries, or by any other person, in pursuance of —
i
an agreement entered into by Transport for London under section 156(2) or (3)(a) of the 1999 Act;
ii
a transport subsidiary’s agreement within the meaning given by section 169 of the 1999 Act; or
iii
an agreement which was entered into by London Regional Transport under section 3(2) or (2A) of the London Regional Transport Act 1984 and which, by virtue of section 300 or section 415 of the 1999 Act, has effect as if made by Transport for London.
Joan Ryan
Parliamentary Under Secretary of State
Home Office
1st August 2006


text:
Citation and commencement
1
This Order may be cited as the Guaranteed Minimum Pensions Increase Order 2006 and shall come into force on 6th April 2006.
Increase of guaranteed minimum pensions
2
For the purposes of section 109(2) and (3) of the Pension Schemes Act 1993 the percentage by which there is to be an increase in the rate of that part of any guaranteed minimum pension which is attributable to earnings factors for the tax years in the relevant period shall be 2.7 per cent.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
8th March 2006


text:
Citation and commencement
1
These Regulations may be cited as the Registered Pension Schemes (Provision of Information) (Amendment) Regulations 2006, and shall come into force on 11th August 2006.
Amendment to the Registered Pension Schemes (Provision of Information) Regulations 2006
2
Amend the Registered Pension Schemes (Provision of Information) Regulations 2006 as follows.
3
1
Amend regulation 3 (provision of information by scheme administrator to the Commissioners) as follows.
2
In the table in paragraph (1)
a
after entry 8 insert —
8A. Stand-alone lump sum
The scheme makes a stand-alone lump sum payment to a member where —
condition A in article 25(2) of the Taxation of Pension Schemes (Transitional Provisions) Order 2006 is met and the payment is more than 7.5% of the standard lifetime allowance for the tax year in which the sum is paid; or
condition B or C in that article is met.
The name, address, date of birth and national insurance number of the member;
the amount and date of payment of the lump sum; and
the reference number, if any, given by the Commissioners under the Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 .
;
b
for entry 10 substitute —
10. Investment-regulated pension scheme
The scheme becomes, or ceases to be, an investment-regulated pension scheme.
The date on which the scheme becomes, or ceases to be, an investment-regulated pension scheme; and
whether all the investments held by the scheme comprise contracts or policies of insurance.
;
c
in entry 11 in paragraph (b) in column 1 after “in” insert “contracts or”;
d
in entry 13 omit paragraphs (b) and (c) in column 1;
e
at the end insert —
18 Scheme chargeable payment
The scheme is treated as having made a scheme chargeable payment under section 185A (income from taxable property) or 185F (gains from taxable property). The fact of the payment. 19. Country or territory of establishment The scheme changes the country or territory in which it is established. The date of the change and the country or territory in which the scheme becomes established 20. Occupational pension scheme The scheme becomes, or ceases to be, an occupational pension scheme. The fact of the change and the date on which the change takes effect.
.
3
For paragraph (4) substitute —
4
Subject to paragraph (4A), in the tax year 2006-07 an event report is required by virtue of reportable event 10 where —
a
the scheme is an investment-regulated pension scheme, and
b
the scheme was registered on or after 6th April 2006 and did not state on the application that a member of the scheme, whether alone or with others, is able to control the way in which scheme assets are used to provide pension benefits.
4A
Paragraph (4) does not apply to a scheme treated as becoming a registered pension scheme on 6th April 2006 by virtue of paragraph 1(1) of Schedule 36 if the scheme is an investment-regulated pension scheme throughout the tax year.
.
4
After regulation 11 insert —
Information provided by members to scheme administrators: recycling of lump sums
11A
Where a registered pension scheme is treated as making to a member of the scheme an unauthorised payment under paragraph 3A of Schedule 29 (recycling of lump sums) , the member shall notify —
a
the date on which the unauthorised payment is treated as made, and
b
the amount of the payment,
to the scheme administrator within 30 days of the date on which the unauthorised payment is treated as made.
Information provided by members to scheme administrators: pension commencement lump sums
11B
Where —
a
a registered pension scheme intends to pay a pension commencement lump sum to a member of the scheme,
b
paragraph 2(5)(a) of Schedule 29 (available portion of the member’s lump sum allowance) applies to determine the permitted maximum, and
c
a benefit crystallisation event has occurred previously in relation to the member in respect of a scheme pension that crystallised under a money purchase arrangement,
the member shall provide such information as will enable the scheme administrator to calculate the available portion of the member’s lump sum allowance.
.
Amendment of the Pension Schemes (Information Requirements – Qualifying Overseas Pension Schemes, Qualifying Recognised Overseas Pension Schemes and Corresponding Relief) Regulations 2006
5
In regulation 3(2) of the Pension Schemes (Information Requirements – Qualifying Overseas Pension Schemes, Qualifying Recognised Overseas Pension Schemes and Corresponding Relief) Regulations 2006 —
a
for “174 and” substitute “174A ,”, and
b
after “Schedule 28” insert “and 3A of Schedule 29”.
David Varney
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
20th July 2006


text:
PART 1
Introductory
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Benefit (General) Regulations 2006 and shall come into force on 10th April 2006 immediately after the Child Benefit Act 2005.
2
In these Regulations —
“the 1989 Act ” means the Children Act 1989 ;
“the 1995 Act ” means the Children (Scotland) Act 1995 ;
“the 1995 Order ” means the Children (Northern Ireland) Order 1995 ;
“ SSCBA ” means the Social Security Contributions and Benefits Act 1992;
“ SSCB(NI)A ” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
3
In these Regulations —
“advanced education” means full-time education for the purposes of —
a course in preparation for a degree, a diploma of higher education, a higher national diploma, or a teaching qualification; or
any other course which is of a standard above ordinary national diploma, a national diploma or national certificate of Edexcel, a general certificate of education (advanced level), or Scottish national qualifications at higher or advanced higher level;
“an appropriate office” means —
in relation to child benefit under SSCBA, the Child Benefit Office, Waterview Park, Washington, Tyne and Wear;
in relation to child benefit under SSCB(NI)A, the Child Benefit Office (Northern Ireland), Windsor House, Bedford Street, Belfast;
in relation to child benefit under either of those Acts —
Comben House, Farriers Way, Netherton, Merseyside; or
any Enquiry Centre maintained by Her Majesty’s Revenue and Customs;
“approved training” means arrangements made by the Government —
in relation to England, known as “Entry to Employment” or “Programme Led Pathways”;
in relation to Wales, known as “Skillbuild”, “Skillbuild+” or “Foundation Modern Apprenticeships”;
in relation to Scotland, known as “Get Ready for Work”, “Skillseekers” or “Modern Apprenticeships”; or
in relation to Northern Ireland, known as “Access” or “Jobskills Traineeships”;
“arrangements made by the Government” means arrangements —
in relation to England and Wales, made by the Secretary of State under section 2 of the Employment and Training Act 1973 ;
in relation to Scotland, made —
by the Scottish Ministers under section 2 of the Employment and Training Act 1973 ;
by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 ; or
in relation to Northern Ireland, made by the Department for Employment and Learning under section 1 of the Employment and Training Act (Northern Ireland) 1950 ;
“the Careers Service” means —
in England and Wales, a person with whom the Secretary of State or the National Assembly of Wales has made arrangements under section 10(1) of the Employment and Training Act 1973, and a local education authority to whom the Secretary of State or the National Assembly of Wales has given a direction under section 10(2) of that Act;
in Scotland, a person with whom the Scottish Ministers have made arrangements under section 10(1) of the Employment and Training Act 1973 and any education authority to which a direction has been given by the Scottish Ministers under section 10(2) of that Act; and
in Northern Ireland, the Careers Service of the Department for Employment and Learning;
“child benefit” has the meaning given in section 141 of SSCBA and section 137 of SSCB(NI)A (child benefit);
“civil partnership” means two people of the same sex who are civil partners of each other and are neither —
separated under a court order; nor
separated in circumstances where the separation is likely to be permanent;
“cohabiting same sex couple” means two people of the same sex who are not civil partners of each other but are living together as if they were civil partners;
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs (see section 1 of the Commissioners for Revenue and Customs Act 2005);
“the Connexions Service” means a person of any description with whom the Secretary of State has made an arrangement under section 114(2)(a) of the Learning and Skills Act 2000 and section 10(1) of the Employment and Training Act 1973, and any person to whom he has given a direction under section 114(2)(b) of the former, or section 10(2) of the latter, Act;
“couple” means two people —
of opposite sexes who are —
spouses residing together; or
living together as if they were married to each other; or
of the same sex who are —
civil partners in a civil partnership; or
a cohabiting same-sex couple;
“court” means any court in the United Kingdom, the Channel Islands or the Isle of Man;
“Crown servant posted overseas” has the meaning given in regulation 30(2);
“ EEA State” means —
a member State, other than the United Kingdom, or
Norway, Iceland or Liechtenstein;
“full-time education” —
is education undertaken in pursuit of a course, where the average time spent during term time in receiving tuition, engaging in practical work, or supervised study, or taking examinations exceeds 12 hours per week; and
in calculating the time spent in pursuit of the course, no account shall be taken of time occupied by meal breaks or spent on unsupervised study.
“hospital or similar institution” means a place in which persons suffering from mental disorders are or may be received for care or treatment but does not include a prison, a young offenders institution, Secure Training Centre, Local Authority Secure Unit, Juvenile Justice Centre, Young Offenders Centre or, if outside the United Kingdom, any comparable place;
“mental disorder” shall be construed as including references to any mental disorder within the meaning of the Mental Health Acts ;
“the Mental Health Acts” means the Mental Health Act 1983 , the Mental Health (Care and Treatment) (Scotland) Act 2003 or the Mental Health (Northern Ireland) Order 1986 ;
“partner” means, in relation to a person who is a member of a couple, the other member of that couple;
“penalty” means, in the case of any court in Great Britain or Northern Ireland —
in England and Wales, a sentence of a detention and training order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or detention in a young offenders institution, and a sentence of detention under sections 90, 91, 92 and 93 of the Powers of Criminal Courts (Sentencing) Act 2000;
in Scotland, a sentence of detention under sections 44, 205, 207, 208 or 216(7) of the Criminal Procedure (Scotland) Act 1995 ;
in Northern Ireland, a sentence of imprisonment, or detention under Article 39, 41, 45 or 54 of, or paragraph 6 of Schedule 2 to, the Criminal Justice (Children) (Northern Ireland) Order 1998 , or an order for detention in a juvenile justice centre or young offenders centre,
and in the case of any court outside the United Kingdom, any comparable sentence or order;
“relevant education” means education which is —
full-time; and
not advanced education;
“remunerative work” means work of not less than 24 hours a week —
in respect of which payment is made; or
which is done in expectation of payment;
“the Taxes Act ” means the Income and Corporation Taxes Act 1988 ;
“writing” includes writing produced by electronic communications used in accordance with regulation 39.
4
For the purposes of these Regulations, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.
PART 2
Qualifying young persons: prescribed conditions
Introduction
2
1
Regulations 3 to 7 prescribe —
a
the age which a person must not have attained, and
b
the conditions which are to be satisfied,
for a person to be a qualifying young person.
2
Where more than one of those regulations apply to a person, he is a qualifying young person until the last of them ceases to be satisfied.
3
Regulations 3 to 7 are subject to the following qualifications.
4
Regulation 8 prescribes an additional condition which must be satisfied for a person to be a qualifying young person in respect of a week.
5
No-one who had attained the age of 19 before 10 th April 2006 is a qualifying young person.
Education and training condition
3
1
This regulation applies in the case of a person who has not attained the age of 20.
2
The condition is that the person —
a
is undertaking a course of full-time education, which is not advanced education and which is not provided by virtue of his employment or any office held by him —
i
which is provided at a school or college; or
ii
which is provided elsewhere but is approved by the Commissioners;
b
having undertaken such a course as is mentioned in paragraph (a) is enrolled to undertake a further such course; or
c
is undertaking approved training that is not provided by means of a contract of employment.
3
A person is not a qualifying young person by virtue of paragraph (2)(a)(ii) unless he was receiving the education referred to in that paragraph as a child.
4
A person who is aged 19 is only a qualifying young person by virtue of paragraph (2)(a) or (2)(c) if he began the education or training (as the case may be) referred to in that sub-paragraph before attaining that age.
Continuation of entitlement until 31 st August: 16 year olds
4
1
This regulation applies in the case of a person who has not attained the age of 17 and who has left relevant education or training.
2
The condition is that the 31 st August next following the person’s 16 th birthday has not passed.
Extension period: 16 and 17 year olds
5
1
This regulation applies in the case of a person who has not attained the age of 18.
2
The condition is that —
a
the person has ceased to be in education or training;
b
the person is registered for work, education or for training with a qualifying body;
c
the person is not engaged in remunerative work;
d
the extension period which applies in the case of that person has not expired;
e
immediately before the extension period begins, the person who is responsible for him is entitled to child benefit in respect of him without regard to this regulation; and
f
the person who is responsible for him has made a written request to the Commissioners, within three months of his ceasing education or training, for the payment of child benefit during the extension period.
3
For the purposes of paragraph (2) the extension period —
a
begins on the first day of the week after that in which the person ceased to be in education or training; and
b
ends 20 weeks after it started.
4
In this regulation “qualifying body” means —
a
the Careers Service or Connexions Service;
b
the Ministry of Defence;
c
in Northern Ireland, the Department for Employment and Learning or an Education and Library Board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986 ; or
d
for the purposes of applying Council Regulation ( EEC ) No. 1408/71 , any corresponding body in another member State.
Interruptions
6
1
This regulation applies in the case of a person who has not attained the age of 20.
2
If, immediately before the commencement of an interruption specified in paragraph (3)(a) or (b), a person was a qualifying young person by virtue of any other provision of these Regulations, he is such a person throughout a period of interruption during which he satisfies the condition specified in that sub-paragraph.
3
The periods of interruption are —
a
one of up to six months (whether beginning before or after the person concerned became 16) but only to the extent to which, in the opinion of the Commissioners, that the interruption is reasonable; and
b
one attributable to the illness or disability of mind or body of the person concerned for such period as is reasonable in the opinion of the Commissioners.
This is subject to the following qualification.
4
Paragraph (3) does not apply to an interruption which is, or is likely to be, followed immediately by a period during which —
a
provision is made for training of that person which is not approved training;
b
he is receiving advanced education;
c
he is receiving education by virtue of his employment or of any office held by him.
Qualifying young person: terminal dates
7
1
This regulation applies in the case of a person who has not attained the age of 20.
2
The condition is that the period found in accordance with Cases 1 and 2 has not expired in his case.
Case 1
1.1
The period is from the date on which he ceases to receive relevant education or approved training, up to and including —
a
the week including the terminal date, or
b
if he attains the age of 20 on or before that date, the week including the last Monday before he attains that age.
1.2
For the purposes of this Case the “terminal date” means —
a
the last day in February,
b
the last day in May,
c
the last day in August,
d
the last day in November,
whichever first occurs after the date on which the person’s relevant education or approved training ceased (but subject to paragraph 1.3 of this Case).
1.3
In the case of a person in Scotland who —
a
undertakes the Higher Certificate or Advanced Higher Certificate immediately before ceasing relevant education, and
b
ceases relevant education on a date earlier than he would have done had he undertaken the comparable examination in England and Wales,
the terminal date shall be reckoned by reference to the date on which the cessation would have occurred had he undertaken the comparable examination.
Case 2
2.1
Where a person’s name is entered as a candidate for any external examination in connection with relevant education which he is receiving at that time, so long as his name continues to be so entered before ceasing to receive such education, the prescribed period is —
a
from the later of —
i
date when that person ceased to receive relevant education, or
ii
the date on which he attained the age of 16,
b
up to and including —
i
whichever of the dates in paragraph 1.2 (as modified by paragraph 1.3 where appropriate) first occurs after the conclusion of the examination (or the last of the examinations if the person is entered for more than one), or
ii
the expiry of the week which includes the last Monday before his 20th birthday,
whichever is the earlier.
This paragraph is subject to the following qualification.
3
Child benefit is not payable in respect of a qualifying young person by virtue of this regulation for any week in which he is engaged in remunerative work.
Child benefit not payable in respect of qualifying young person: other financial support
8
1
This regulation applies in the case of a person who has not attained the age of 20 years.
2
The condition is that the person is not in receipt, in a week, of —
a
income support,
b
income-based jobseeker’s allowance within the meaning of section 1(4) of the Jobseekers Act 1995 or Article 3(4) of the Jobseekers (Northern Ireland) Order 1995,
c
incapacity benefit by virtue of being a person to whom section 30A(1)(b) of SSCBA or section 30A(1)(b) of SSCB(NI)A applies, or
d
tax credit under the Tax Credits Act 2002.
PART 3
Person responsible for child or qualifying young person
Child or qualifying young person in residential accommodation in prescribed circumstances
9
For the purposes of section 143(3)(c) of SSCBA and section 139(3)(c) of SSCB(NI)A (absence of child or qualifying young person in residential accommodation), the prescribed circumstances are that the residential accommodation has been provided solely —
a
because of the disability of the child or qualifying young person, or
b
because the child or qualifying young person’s health would be likely to be significantly impaired, or further impaired, unless such accommodation were provided.
Days disregarded in determining whether child or qualifying young person living with someone
10
1
For the purpose of section 143(4) of SSCBA and section 139(4) of SSCB(NI)A (number of days that may be disregarded), the prescribed number of days is 84 consecutive days, calculated in accordance with paragraph (2).
2
Two or more distinct relevant periods separated by one or more intervals each not exceeding 28 days are treated as a continuous period equal in duration to the total of such distinct periods and ending on the last day of the latter or last of such periods.
3
In paragraph (2) “relevant periods” means periods to which —
a
section 143(3)(b) of SSCBA or section 139(3)(b) of SSCB(NI)A (absence of a child or qualifying young person undergoing medical or other treatment) applies;
b
section 143(3)(c) of SSCBA or section 139(3)(c) of SSCB(NI)A (absence of a child or qualifying young person in residential accommodation) applies.
Prescribed circumstances relating to contributions and expenditure in respect of child or qualifying young person
11
1
For the purposes of section 143(5)(a) of SSCBA and section 139(5)(a) of SSCB(NI)A (contributing to the cost of providing for a child or qualifying young person) the prescribed circumstances are that —
a
two or more persons are contributing to the cost of providing for the same child or qualifying young person;
b
the aggregate weekly amount of their contributions equals or exceeds, but the weekly amount of each of their individual contributions is less than, the weekly rate of child benefit which would be payable in respect of that child or qualifying young person had the aggregate weekly amount of their contributions been contributed by one only of them; and
c
they by agreement nominate in writing or, in default of such agreement, the Commissioners in their discretion determine, that the aggregate weekly amount of their contributions is to be treated as having been made by the person so nominated or determined.
This paragraph is subject to paragraph (3).
2
The contribution subject to the nomination or determination made under paragraph (1) shall be treated as made by the person nominated or determined.
3
Where pursuant to a nomination or determination made under paragraph (1) a person is awarded child benefit, the nomination or determination ceases to have effect in the week following that in which child benefit is awarded to that person (and accordingly thereafter the person shall be required to contribute to the maintenance of the child or qualifying young person at a rate which equals or exceeds the rate of child benefit payable in respect of that child or qualifying young person).
4
Where spouses or civil partners are residing together a contribution made or expenditure incurred by one of them in respect of a child or qualifying young person shall if they agree, or in default of such agreement if the Commissioners in their discretion so determine, be treated as made or incurred by the other.
PART 4
Exclusions and priority
Child benefit not payable: qualifying young person living with another as member of couple
12
1
Child benefit is not payable to any person (“the claimant”) in respect of a qualifying young person for any week in which the qualifying young person is living with another —
a
as if they were spouses, or
b
as a member of a cohabiting same-sex couple,
unless paragraph (2) applies.
The person with whom the qualifying young person is living is referred to in paragraph (2) as “the cohabitee”.
2
This paragraph applies if —
a
the cohabitee is receiving relevant education or approved training; and
b
the claimant is not the cohabitee.
Qualifying young person in a relevant relationship
13
1
A person (“the claimant”) shall be entitled to child benefit in respect of a qualifying young person in a relevant relationship by virtue of paragraph 3 of Schedule 9 to SSCBA or paragraph 3 of Schedule 9 to SSCB(NI)A (entitlement: children or qualifying young persons who are married or civil partners) only if —
a
the claimant is not the spouse or civil partner of that qualifying young person; and
b
the qualifying young person is not residing with his spouse or civil partner, or, if he is, the spouse or civil partner is receiving relevant education or approved training.
2
In paragraph (1) “relevant relationship” means a marriage or a civil partnership.
Election under Schedule 10 to SSCBA and Schedule 10 to SSCB(NI)A
14
1
An election under Schedule 10 to SSCBA and Schedule 10 to SSCB(NI)A (any election under that Schedule to be made in the prescribed manner) shall be made by giving notice in writing to the Commissioners at an appropriate office on a form approved by the Commissioners or in such other manner being in writing as the Commissioners may accept as sufficient in the circumstances of any particular case or class of cases.
2
An election is not effective to confer entitlement to child benefit in respect of a child or qualifying young person for any week earlier than the week following that in which it is made if the earlier week is one in respect of which child benefit has been paid in respect of that child or qualifying young person and has not been required to be repaid or voluntarily repaid or recovered.
3
An election may be superseded by a subsequent election made in accordance with this regulation.
Modification of priority between persons entitled to child benefit
15
1
If a person entitled to child benefit in respect of a child or qualifying young person in priority to another person gives the Commissioners notice in writing at an appropriate office that he does not wish to have such priority, the provisions of Schedule 10 to SSCBA and Schedule 10 to SSCB(NI)A (priority between persons entitled) have effect with the modification that that person does not have such priority.
2
A notice under paragraph (1) —
a
is not effective in relation to any week, before the date on which the election becomes effective, for which child benefit in respect of that child or qualifying young person is paid to the person who made the election or to another person on his behalf; and
b
ceases to have effect if the person who gave it makes a further claim to child benefit in respect of that child or qualifying young person.
Child or qualifying young persons in detention, care etc.
16
1
Paragraph 1 of Schedule 9 to SSCBA and paragraph 1 of Schedule 9 to SSCB(NI)A do not apply to disentitle a person to child benefit in respect of a child or qualifying young person for any week —
a
unless that week is the 9th or a subsequent week in a series of consecutive weeks in which either of those paragraphs has applied to that child or qualifying young person; or
b
notwithstanding paragraph (a), if —
i
that week is one in which falls the first day in a period of seven consecutive days in which the child or qualifying young person lives with that person for at least a part of the first day and throughout the following six days;
ii
that week is one in which falls the first day in a period of seven consecutive days throughout which the child or qualifying young person lives with that person, being a period of seven consecutive days which immediately follows either a similar period of seven consecutive days or the period of seven consecutive days referred to in head (i) above;
iii
that week is one in which falls the day, or the first day in a period of less than seven consecutive days, throughout which the child or qualifying young person lives with that person, being a day or days which immediately follow the period of seven consecutive days referred to in head (i) above or a period of seven consecutive days referred to in head (ii), or
iv
as at that week that person establishes that he is a person with whom the child or qualifying young person ordinarily lives throughout at least one day in each week.
This paragraph is subject to the following qualifications.
2
For the purposes of paragraph (1), a person shall not be regarded as having a child or qualifying young person living with him throughout any day or week unless he actually has that child or qualifying young person living with him throughout that day or week.
3
Paragraph (1) does not apply for any day in any week to a person (“the carer”) with whom a child or qualifying young person —
a
is placed by a local authority in Great Britain in the carer’s home in accordance with the provisions of —
i
the Arrangements for Placements of Children (General) Regulations 1991 ,
ii
the Arrangements to Look After Children (Scotland) Regulations 1996 ,
iii
the Foster Placement (Children) Regulations 1991 , or
iv
the Fostering of Children (Scotland) Regulations 1996 ,
and that authority is making a payment, in respect of either the child or qualifying young person’s accommodation or maintenance or both, under section 23 of the 1989 Act or under section 26 of the 1995 Act to the carer;
b
is placed by an authority in Northern Ireland, in the carer’s home in accordance with the provisions of the Foster Placement (Children) Regulations (Northern Ireland) 1996 where the authority has a duty to provide accommodation and maintenance for the child under the Arrangements for Placement of Children (General) Regulations (Northern Ireland) 1996 .
4
Paragraph (1) does not apply in respect of any child or qualifying young person who —
a
is being looked after by a local authority in Great Britain or by an authority in Northern Ireland, and
b
has been placed for adoption by that authority in the home of a person proposing to adopt him,
provided that the local authority or authority is making a payment in respect of either the child or qualifying young person’s accommodation or maintenance or both, under section 23 of the 1989 Act, under section 26 of the 1995 Act or under Article 27 of the 1995 Order.
5
For the purposes of paragraph (4), placing for adoption means placing for adoption in accordance with —
a
the Adoption Agencies Regulations 1983 ,
b
the Adoption Agencies (Scotland) Regulations 1984 , or
c
the Adoption Agencies Regulations (Northern Ireland) 1989 .
Child or qualifying young person undergoing imprisonment or detention in legal custody
17
1
For the purposes of paragraph 1(a) of Schedule 9 to SSCBA and paragraph 1(1)(a) of Schedule 9 to SSCB(NI)A, a child or qualifying young person is not regarded as undergoing imprisonment or detention in legal custody in any week unless —
a
in connection with a charge brought or intended to be brought against him in criminal proceedings at the conclusion of those proceedings, or
b
in the case of default of payment of a sum adjudged to be paid on conviction, in respect of such default,
a court imposes a penalty upon him.
2
Subject to paragraph (3), paragraph 1(a) of Schedule 9 to SSCBA and paragraph 1(1)(a) of Schedule 9 to SSCB(NI)A do not apply to a child or qualifying young person in respect of any week in which that child or qualifying young person is liable to be detained in a hospital or similar institution in Great Britain or Northern Ireland as a person suffering from a mental disorder.
3
Subject to paragraph (5), paragraph (2) does not apply where subsequent to the imposition of a penalty, the child or qualifying young person was removed to the hospital or similar institution while still liable to be detained as a result of that penalty and, in the case of a person who is liable to be detained in the hospital or similar institution by virtue of any provisions of the Mental Health Acts, a direction restricting his discharge has been given under any of those Acts and is still in force.
4
In paragraph (3) a person who is liable to be detained by virtue of any provision of the Mental Health Acts shall be treated as if a direction restricting his discharge had been given under those Acts if he is to be so treated for the purposes of any of them.
5
Where a certificate given by or on behalf of the Secretary of State shows the earliest date on which the child or qualifying young person would have been expected to be discharged from detention pursuant to the penalty if he had not been transferred to a hospital or similar institution, paragraph (3) shall not apply from the day following that date.
Child or qualifying young person in care
18
For the purposes of paragraph 1(c) of Schedule 9 to SSCBA and paragraph 1(c) of Schedule 9 to SSCB(NI)A (child or qualifying young person in care in such circumstances as may be prescribed), the prescribed circumstances are that —
a
the child or qualifying young person is provided with, or placed in, accommodation under Part 3 of the 1989 Act, under Part 2 of the 1995 Act or under Part 4 of the 1995 Order and the cost of that child or qualifying young person’s accommodation or maintenance is borne wholly or partly out of local authority funds, authority funds or any other public funds, and
b
the child or qualifying young person is not in residential accommodation in the circumstances prescribed in regulation 9.
Interpretation of facts existing in a week
19
Where paragraph 1 of Schedule 9 to SSCBA or paragraph 1 of Schedule 9 to SSCB(NI)A applies, section 147(2) of SSCBA and section 143(2) of SSCB(NI)A (references to any condition being satisfied or any facts existing in a week to be construed as references to the condition being satisfied or the facts existing at the beginning of that week) has effect as if the words “at the beginning of that week” were substituted by “throughout any day in that week”.
PART 5
Entitlement after death of child or qualifying young person
Entitlement after death of child or qualifying young person
20
The prescribed period for the purposes of section 145A of SSCBA and section 141A of SSCB(NI)A (entitlement after death of child or qualifying young person) is —
a
in the case of a child, eight weeks, and
b
in the case of a qualifying young person the shorter of —
i
the period of eight weeks; and
ii
the period commencing the week in which his death occurred and finishing on the Monday in the week following the week in which the qualifying young person would have attained the age of 20.
PART 6
Residence
Circumstances in which a child or qualifying young person treated as being in Great Britain
21
1
For the purposes of section 146(1) of SSCBA, a child or qualifying young person who is temporarily absent from Great Britain shall be treated as being in Great Britain during —
a
the first 12 weeks of any period of absence;
b
any period during which that person is absent by reason only of —
i
his receiving full-time education by attendance at a recognised educational establishment in an EEA State or in Switzerland; or
ii
his being engaged in an educational exchange or visit made with the written approval of the recognised educational establishment which he normally attends;
c
any period as is determined by the Commissioners during which the child or qualifying young person is absent for the specific purpose of being treated for an illness or physical or mental disability which commenced before his absence began; or
d
any period when he is in Northern Ireland.
2
For the purposes of section 146(1) of SSCBA, where a child is born while his mother is absent from Great Britain in accordance with regulation 24, he shall be treated as being in Great Britain during such period of absence after his birth as is within 12 weeks of the date on which his mother became absent from Great Britain.
Application of regulation 24 where the person is in Northern Ireland
22
If a person who is in Northern Ireland is treated as being in Great Britain in accordance with regulation 24, he is treated as not being in Northern Ireland for the purposes of section 142 of SSCB(NI)A.
Circumstances in which person treated as not being in Great Britain
23
1
A person shall be treated as not being in Great Britain for the purposes of section 146(2) of SSCBA if he is not ordinarily resident in the United Kingdom.
2
Paragraph (1) does not apply to a Crown servant posted overseas or his partner.
3
A person who is in Great Britain as a result of his deportation, expulsion or other removal by compulsion of law from another country to Great Britain shall be treated as being ordinarily resident in the United Kingdom.
4
A person shall be treated as not being in Great Britain for the purposes of section 146(2) of SSCBA where he does not have a right to reside in the United Kingdom.
Persons temporarily absent from Great Britain
24
1
A person who is ordinarily resident in the United Kingdom and is temporarily absent from Great Britain shall be treated as being in Great Britain during the first —
a
8 weeks of any period of absence; or
b
12 weeks of any period of absence where that period of absence, or any extension to that period of absence, is in connection with —
i
the treatment of his illness or physical or mental disability;
ii
the treatment of his partner’s illness or physical or mental disability;
iii
the death of a person who, immediately prior to the date of death, was his partner;
iv
the death, or the treatment of the illness or physical or mental disability, of a child or qualifying young person for whom either he or his partner is, or both of them are, responsible; or
v
the death, or the treatment of the illness or physical or mental disability, of his or his partner’s relative.
Here “relative” means brother, sister, forebear or lineal descendant.
2
A person is temporarily absent from Great Britain if at the beginning of the period of absence his absence is unlikely to exceed 52 weeks.
Circumstances in which a child or qualifying young person treated as being in Northern Ireland
25
1
For the purposes of section 142(1) of SSCB(NI)A a child or qualifying young person who is temporarily absent from Northern Ireland shall be treated as being in Northern Ireland during —
a
the first 12 weeks of any period of absence;
b
any period during which the child or qualifying young person is absent by reason only of —
i
his receiving full-time education by attendance at a recognised educational establishment in an EEA State or in Switzerland; or
ii
his being engaged in an educational exchange or visit made with the written approval of the recognised educational establishment which he normally attends;
c
any period as is determined by the Commissioners during which the child or qualifying young person is absent for the specific purpose of being treated for an illness or physical or mental disability which commenced before his absence began; or
d
any period when he is in Great Britain.
2
For the purposes of section 142(1) of SSCB(NI)A, where a child is born while his mother is absent from Northern Ireland in accordance with regulation 28, he shall be treated as being in Northern Ireland during such period of absence after his birth as is within 12 weeks of the date on which his mother became absent from Northern Ireland.
Application of regulation 28 where person in Great Britain
26
Where a person who is in Great Britain is treated as being in Northern Ireland in accordance with regulation 28, he is treated as not being in Great Britain for the purposes of section 146 of SSCBA.
Circumstances in which person treated as not being in Northern Ireland
27
1
A person shall be treated as not being in Northern Ireland for the purposes of section 142(2) of SSCB(NI)A if he is not ordinarily resident in the United Kingdom.
2
A person who is in Northern Ireland as a result of his deportation, expulsion or other removal by compulsion of law from another country to Northern Ireland shall be treated as being ordinarily resident in the United Kingdom.
3
A person shall be treated as not being in Northern Ireland for the purposes of section 142(2) of SSCB(NI)A where he does not have a right to reside in the United Kingdom.
Persons temporarily absent from Northern Ireland
28
1
A person who is ordinarily resident in the United Kingdom and is temporarily absent from Northern Ireland shall be treated as being in Northern Ireland during the first —
a
8 weeks of any period of absence; or
b
12 weeks of any period of absence where that period of absence, or any extension to that period of absence, is in connection with —
i
the treatment of his illness or physical or mental disability;
ii
the treatment of his partner’s illness or physical or mental disability;
iii
the death of a person who, immediately prior to the date of death, was his partner;
iv
the death, or the treatment of the illness or physical or mental disability, of a child for whom either he or his partner is, or both of them are, responsible; or
v
the death, or the treatment of the illness or physical or mental disability, of his or his partner’s relative.
Here “relative” has the same meaning as in regulation 24.
2
A person is temporarily absent from Northern Ireland if, at the beginning of the period of absence, his absence is unlikely to exceed 52 weeks.
Overlap of entitlement to child benefit under both the legislation of Northern Ireland and Great Britain
29
1
Where by virtue of these Regulations two or more persons would be entitled to child benefit in respect of the same child or qualifying young person for the same week under both the legislation of Northern Ireland and Great Britain, one of them only shall be so entitled.
2
Where the child is in Great Britain (except where regulation 25(1)(d) applies) or is treated as being in Great Britain, the question of which of the persons is entitled shall be determined in accordance with the legislation applying to Great Britain.
3
Where the child is in Northern Ireland (except where regulation 21(1)(d) applies) or is treated as being in Northern Ireland, the question of which of the persons is entitled shall be determined in accordance with the legislation applying to Northern Ireland.
Crown servants posted overseas
30
1
For the purposes of section 146(1) of the Social Security and Contributions and Benefits Act, a Crown servant posted overseas shall be treated as being in Great Britain.
2
A Crown servant posted overseas is a person performing overseas (but not in Northern Ireland) the duties of any office or employment under the Crown in right of the United Kingdom —
a
who is, or was, immediately prior to his posting or his first of consecutive postings, ordinarily resident in the United Kingdom; or
b
who, immediately prior to his posting or his first of consecutive postings, was in the United Kingdom in connection with that posting.
Partners of Crown servants posted overseas
31
1
For the purposes of section 146(1) of the Social Security and Contributions and Benefits Act the partner of a Crown servant posted overseas who is accompanying the Crown servant posted overseas shall be treated as being in Great Britain when the partner is either —
a
in the country where the Crown servant is posted, or
b
absent from that country in accordance with regulation 24 as modified by paragraphs (3) and (4).
2
Regulations 22 and 24 apply to the partner of a Crown servant posted overseas with the modifications set out in paragraphs (3) and (4).
3
References to “Great Britain” in the phrase “temporarily absent from Great Britain” in paragraphs (1) and (2) of regulation 24 shall be construed as references to the country where the Crown servant is posted and regulation 21(2) shall apply, where appropriate, accordingly.
4
In regulation 24 omit the words “ordinarily resident in the United Kingdom and is”.
Child or qualifying young persons normally living with Crown servants posted overseas
32
1
For the purposes of section 146(2) of the Social Security and Contributions and Benefits Act a child or qualifying young person who normally lives with a Crown servant posted overseas shall be treated as being in Great Britain when he is either —
a
in the country where the Crown servant is posted, or
b
absent from that country in accordance with regulation 21 as modified by paragraph (2).
2
The reference to “Great Britain” in paragraph (1) of that regulation shall be construed as a reference to the country where the Crown servant is posted.
Transitional provisions for Part 6
33
1
In relation to a period of temporary absence which commenced before 7th April 2003, and continues after the coming into force of these Regulations, regulations 24 and 28 shall have effect subject to the modifications in paragraphs (2) and (3) respectively.
2
For regulation 24(2) substitute —
2
A person is temporarily absent from Great Britain if at the beginning of the period of absence his absence was intended to be temporary and has throughout continued to be so intended.
.
3
For regulation 28(2) substitute —
2
A person is temporarily absent from Northern Ireland if at the beginning of the period of absence his absence was intended to be temporary and has throughout continued to be so intended.
.
PART 7
General and supplementary provisions
Persons treated as residing together
34
For the purposes of Part 9 of SSCBA and Part 9 of SSCB(NI)A, the prescribed circumstances in which persons are treated as residing together are that spouses, two persons who are civil partners of each other, or two persons who are parents of a child are absent from one another —
a
where such absence is not likely to be permanent; or
b
by reason only of the fact that either of them is, or they both are, undergoing medical or other treatment as an in-patient in a hospital or similar institution whether such absence is temporary or not.
Polygamous marriages
35
1
For the purposes of Part 9 of SSCBA and Part 9 of SSCB(NI)A, a polygamous marriage is treated as having the same consequences as a monogamous marriage for any day, but only for any day, throughout which the polygamous marriage is in fact monogamous.
2
In paragraph (1) —
a
“monogamous marriage” means a marriage celebrated under a law which does not permit polygamy;
b
“polygamous marriage” means a marriage celebrated under a law which, as it applies to the particular ceremony and to the parties in question, permits polygamy;
c
a polygamous marriage is referred to as being in fact monogamous when neither party to it has any spouse additional to the other; and
d
the day on which a polygamous marriage is contracted, or on which it terminates for any reason, shall be treated as a day throughout which that marriage was in fact monogamous if at all times on that day after the time at which it was contracted, or as the case may be, before it terminated, it was in fact monogamous.
Right to child benefit of voluntary organisations
36
1
Subject to paragraph (4) and (5), for the purposes of section 147(6) of SSCBA and section 143(6) of SSCB(NI)A (right to child benefit of voluntary organisations), a voluntary organisation is regarded as the only person with whom a child is living for any week in which that child is —
a
living in premises which are provided or managed by the voluntary organisation, being premises which are required to be registered with a Government Department or local authority or which are otherwise regulated under or by virtue of any enactment relating to England and Wales, Scotland, or Northern Ireland; or
b
placed by the voluntary organisation in the home of any person in accordance with the provisions of the Foster Placement (Children) Regulations 1991 , the Fostering of Children (Scotland) Regulations 1996 or the Foster Placement (Children) Regulations (Northern Ireland) 1996 .
2
A voluntary organisation shall not be regarded as having ceased to have a child living with it by reason only of any temporary absence of that child —
a
if the child is undergoing medical or other treatment as an in-patient in a hospital, until such absence has lasted for more than 84 days; or
b
if the child is temporarily absent for any other reason, until such absence has lasted for more than 56 days.
3
In calculating the period of 84 days for the purposes of paragraph (2)(a), two or more distinct periods of temporary absence separated by one or more intervals each not exceeding 28 days shall be treated as a continuous period equal in duration to the total of such distinct periods and ending on the last day of the latter or last of such periods.
4
A voluntary organisation shall not be regarded as a person with whom a child or qualifying young person is living in any week if in that week —
a
that individual is in residential accommodation in the circumstances prescribed in regulation 3; or
b
paragraph 1 of Schedule 9 to SSCBA or paragraph 1 of Schedule 9 to SSCB(NI)A applies to that individual.
5
Where immediately before the week in which paragraph (1) applies to a child or qualifying young person, that individual was living with a person who was then entitled to child benefit in respect of him, paragraph (1) shall have effect in relation to that person as if the words “the only person” were omitted for so long as the child or qualifying young person is treated as continuing to live with that person by virtue of section 143(2) of SSCBA or section 139(2) of SSCB(NI)A.
6
Section 143(1)(b) of SSCBA and section 139(1)(b) of SSCB(NI)A (person to be treated as responsible for a child in any week if he is contributing to the cost of providing for the qualifying individual at a weekly rate not less than the weekly rate of child benefit payable in respect of the child or qualifying young person for that week) and regulation 16(1) (child or qualifying young person in detention) shall not apply to a voluntary organisation).
No requirement to state national insurance number
37
For the purposes of section 147(6) of SSCBA and section 143(6) of SSCB(NI)A, section 13(1A) of the Social Security Administration Act 1992 and section 11(1A) of the Social Security Administration (Northern Ireland) Act 1992 (requirement to state national insurance number) shall not apply to a claim for child benefit in respect of a child or qualifying young person who is treated as living with a voluntary organisation by virtue of regulation 36.
Exception to rules preventing duplicate payment
38
1
A person is not disentitled to child benefit in respect of a child or qualifying young person by virtue of section 13(2) of the Social Security Administration Act 1992 and section 11(2) of the Social Security Administration (Northern Ireland) Act 1992 (persons not entitled to benefit for any week if benefit already paid for that week to another person, whether or not that other person was entitled to it) if in respect of that week —
a
the determining authority has decided that the Commissioners are entitled to recover the child benefit paid in respect of that child or qualifying young person from a person in consequence of his misrepresentation of, or his failure to disclose, any material fact and, where that determining authority is one from whose decision an appeal lies, the time limit for appealing has expired and no appeal has been made; or
b
the child benefit paid to the other person has been voluntarily repaid to, or recovered by, the Commissioners in a case where the determining authority has decided under section 9 or 10 of the Social Security Act 1998 or under Article 10 or 11 of the Social Security (Northern Ireland) Order 1998 either —
i
that, while there was no entitlement to benefit, it is not recoverable, or
ii
that there was no entitlement to benefit but has made no decision as to its recoverability.
2
In this regulation “determining authority” means, as the case may require —
a
the Commissioners;
b
an appeal tribunal constituted under section 7 of the Social Security Act 1998 or Article 8 of the Social Security (Northern Ireland) Act 1998;
c
the Chief or any other Social Security Commissioner, or a tribunal consisting of any three or more such Commissioners constituted in accordance with section 16(7) of the Social Security Act 1998 or Article 16(7) of the Social Security (Northern Ireland) Act 1998.
Use of electronic communications
39
Schedule 2 to the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (use of electronic communications) applies to the delivery of information to or by the Commissioners which is authorised or required by these Regulations in the same manner as it applies to the delivery of information to or by the Commissioners which is authorised or required by those Regulations.
References in this regulation to the delivery of information shall be construed in accordance with section 132(8) of the Finance Act 1999 .
PART 8
Revocations
Revocations
40
The instruments specified in column 1 of the Table below are revoked to the extent specified in column 2.
Instrument Extent of revocation
(1)
S.I.2003/493 .
(2)
S.I. 2004/1244 .
(3)
S.I. 2005/2078 (S. 9) .
(4)
S.I. 2005/2919 .
The Child Benefit (General )Regulations 2003 The whole of the Regulations. The Child Benefit (General) (Amendment) Regulations 2004 The whole of the Regulations. The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 In Schedule 2, paragraph 23. The Civil Partnership Act 2004 (Tax Credits, etc.) (Consequential Amendments) Order 2005 Article 10
Gillian Merron
Vernon Coaker
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd February 2006
David Varney
Paul Gray
Two of the Commissioners for Her Majesty’s Revenue and Customs
31st January 2006