text:
Citation and commencement
1
1
This Order may be cited as the Armed Forces (Entry, Search and Seizure) Order 2006 and shall come into force on 1st January 2007.
2
This Order shall have effect in relation to seizures made on or after 1 st January 2007.
Interpretation
2
1
In this Order —
“the 1984 Act ” means the Police and Criminal Evidence Act 1984 ;
“the 2001 Act ” means the Armed Forces Act 2001;
“the 2003 Order ” means the Armed Forces (Entry, Search and Seizure) Order 2003 ;
“documents” includes information recorded in any form;
“excluded material” has the meaning given in section 11 of the 1984 Act;
“items subject to legal privilege” has the meaning given in section 10 of the 1984 Act and “legal privilege” shall be construed accordingly;
“judicial officer” has the meaning given in section 16(1) of the Armed Forces Act 2001;
“premises” has the meaning given to it in section 16 of the 2001 Act;
“return”, in relation to seized property, shall be construed in accordance with article 11 and cognate expressions shall be construed accordingly;
“seize” includes “take a copy of” and, subject to article 16(1), cognate expressions shall be construed accordingly;
“seized property”, in relation to any exercise of a power of seizure, means anything seized in exercise of that power;
“service living accommodation” has the meaning given in section 15 of the 2001 Act;
“service offence” means an offence under the Naval Discipline Act 1957 , the Army Act 1955 or the Air Force Act 1955 ;
“service policeman” shall be construed in accordance with section 16(1) and (6) of the 2001 Act; and
“special procedure material” has the meaning given in section 14 of the 1984 Act.
2
In paragraphs (3) to (6) —
a
“relevant time” means a time when seized property is in any person’s possession in consequence of a seizure; and
b
“relevant property” means anything for which the person making the seizure had power to search,
and in relation to the relevant time, references to the relevant property shall be construed in accordance with paragraphs (3) to (6).
3
Where the seizure was made on the occasion of a search carried out on the authority of a warrant, relevant property shall be taken to include anything of the description of things the presence or suspected presence of which provided grounds for the issue of the warrant.
4
Where the property was seized in the course of a search on the occasion of which it would have been lawful for the person carrying out the search to seize anything which on that occasion was believed by him to be, or appeared to him to be, of a particular description, relevant property shall be taken to include —
a
anything which at the relevant time is believed by the person in possession of the seized property, or, as the case may be, appears to him, to be of that description; and
b
anything which is in fact of that description;
5
Where the property was seized in the course of a search on the occasion of which it would have been lawful for the person carrying out the search to seize anything which there were on that occasion reasonable grounds for believing was of a particular description, relevant property shall be taken to include —
a
anything which there is at the relevant time reasonable grounds for believing is of that description; and
b
anything which is in fact of that description.
6
Where the property was seized in the course of a search to which neither paragraph (4) nor paragraph (5) applies, relevant property shall be taken to include anything which is of a description of things which, on the occasion of the search, it would have been lawful for the person carrying it out to seize otherwise than under articles 3 and 4.
7
References in this Order to any item or material being comprised in other property include references to its being mixed with that other property.
8
For the purposes of this Order, the occupier of premises which are service living accommodation is —
a
if the premises are any building or part of a building within section 15(1)(a) of the 2001 Act, any person for whose exclusive use as living accommodation or as a garage that building or part of a building is provided;
b
if the premises are any room, structure or area within section 15(1)(b) of the 2001 Act, any person for whose use as sleeping accommodation that room, structure or area is provided.
Additional powers of seizure from premises
3
1
This paragraph applies where —
a
a person is lawfully on any premises other than by virtue of an authorisation under section 7 of the 2001 Act and finds anything on those premises that he has reasonable grounds for believing may be or may contain something for which he is authorised to search on those premises,
b
a power of seizure to which this article applies or the power conferred by paragraph (3) would entitle him, if he found it, to seize whatever it is that he has grounds for believing that thing to be or to contain, and
c
in all the circumstances, it is not reasonably practicable for it to be determined, on those premises —
i
whether what he has found is something that he is entitled to seize, or
ii
the extent to which what he has found contains something that he is entitled to seize.
2
Where paragraph (1) applies, the person’s powers of seizure shall include power under this article to seize so much of what he has found as it is necessary to remove from the premises to enable it to be determined —
a
whether what he has found is something that he is entitled to seize, or
b
the extent to which what he has found contains something that he is entitled to seize.
3
Where —
a
a person who is lawfully on any premises other than by virtue of an authorisation under section 7 of the 2001 Act finds anything on those premises (“the seizable property”) which he would be entitled to seize but for its being comprised in something else that he has (apart from this paragraph) no power to seize,
b
the power under which that person would have power to seize the seizable property is a power to which this article applies, and
c
in all the circumstances it is not reasonably practicable for the seizable property to be separated, on those premises, from that in which it is comprised,
that person’s powers of seizure shall include power under this article to seize both the seizable property and that from which it is not reasonably practicable to separate it.
4
The factors to be taken into account in considering, for the purposes of this article, whether or not it is reasonably practicable on particular premises for something to be determined, or for something to be separated from something else, shall be confined to the following —
a
how long it would take to carry out the determination or separation on those premises;
b
the number of persons that would be required to carry out that determination or separation on those premises within a reasonable period;
c
whether the determination or separation would (or would if carried out on those premises) involve damage to property;
d
the apparatus or equipment that it would be necessary or appropriate to use for the carrying out of the determination or separation; and
e
in the case of separation, whether the separation —
i
would be likely, or
ii
if carried out by the only means that are reasonably practicable on those premises, would be likely,
to prejudice the use of some or all of the separated seizable property for a purpose for which something seized under the power in question is capable of being used.
5
Article 14(6) of the 2003 Order (powers of seizure not to include power to seize anything that an authorised person has reasonable grounds for believing is legally privileged) shall not apply to the power of seizure conferred by paragraph (2).
6
This article applies to each of the powers of seizure conferred by —
a
section 5 of the 2001 Act;
b
articles 9, 13, 14 and 15 of the 2003 Order (except the power under article 15 in so far as it relates to section 7 of the 2001 Act); and
c
paragraph 13 of Schedule 1 to the 2003 Order.
Additional powers of seizure from the person
4
1
This paragraph applies where —
a
a service policeman carrying out a lawful search of any person finds something that he has reasonable grounds for believing may be or may contain something for which he is authorised to search,
b
a power of seizure to which this article applies or the power conferred by paragraph (3) would entitle him, if he found it, to seize whatever it is that he has grounds for believing that thing to be or to contain, and
c
in all the circumstances it is not reasonably practicable for it to be determined, at the time and place of the search —
i
whether what he has found is something that he is entitled to seize, or
ii
the extent to which what he has found contains something that he is entitled to seize.
2
Where paragraph (1) applies, the service policeman’s powers of seizure shall include power under this article to seize so much of what he has found as it is necessary to remove from that place to enable it to be determined —
a
whether what he has found is something that he is entitled to seize, or
b
the extent to which what he has found contains something that he is entitled to seize.
3
Where —
a
a service policeman carrying out a lawful search of any person finds something (“the seizable property”) which he would be entitled to seize but for its being comprised in something else that he has (apart from this paragraph) no power to seize,
b
the power under which that service policeman would have power to seize the seizable property is a power to which this article applies, and
c
in all the circumstances it is not reasonably practicable for the seizable property to be separated, at the time and place of the search, from that in which it is comprised,
that service policeman’s powers of seizure shall include power under this article to seize both the seizable property and that from which it is not reasonably practicable to separate it.
4
The factors to be taken into account in considering, for the purposes of this article, whether or not it is reasonably practicable, at the time and place of a search, for something to be determined, or for something to be separated from something else, shall be confined to the following —
a
how long it would take to carry out the determination or separation at that time and place;
b
the number of persons that would be required to carry out that determination or separation at that time and place within a reasonable period;
c
whether the determination or separation would (or would if carried out at that time or place) involve damage to property;
d
the apparatus or equipment that it would be necessary or appropriate to use for the carrying out of the determination or separation; and
e
in the case of separation, whether the separation —
i
would be likely, or
ii
if carried out by the only means that are reasonably practicable at that time and place, would be likely,
to prejudice the use of some or all of the separated seizable property for a purpose for which something seized under the power in question is capable of being used.
5
Article 14(6) of the 2003 Order (powers of seizure not to include power to seize anything that an authorised person has reasonable grounds for believing is legally privileged) shall not apply to the power of seizure conferred by paragraph (2).
6
This article applies to the power of seizure conferred on a service policeman by section 10 of the 2001 Act (powers of service policeman or person exercising power of arrest to search and seize property).
Notice of exercise of power under article 3 or 4
5
1
Where a person exercises a power of seizure conferred by article 3, it shall (subject to paragraphs (2) and (3)) be his duty, on doing so, to give to the occupier of the premises a written notice —
a
specifying what has been seized in reliance on the powers conferred by that article;
b
specifying the grounds on which those powers have been exercised;
c
setting out the effect of articles 12 to 14;
d
specifying the name and address of the person to whom notice of an application under article 12 for the return of the seized property must be given; and
e
specifying the name and address of the person to whom an application may be made to be allowed to attend the initial examination required by any arrangements made for the purposes of article 6(2).
2
Where it appears to the person exercising in relation to any premises a power of seizure conferred by article 3 —
a
that the occupier of the premises is not present at the time of the exercise of the power, but
b
that there is some other person present who is in charge of the premises,
paragraph (1) shall have effect as if it required the notice under that paragraph to be given to that other person.
3
Where it appears to the person exercising a power of seizure conferred by article 3 that there is no one present to whom he may give a notice for the purposes of complying with paragraph (1), he shall, before leaving the premises, instead of complying with that paragraph, attach a notice such as is mentioned in that paragraph in a prominent place to the premises.
4
Where a person exercises a power of seizure conferred by article 4 it shall be his duty, on doing so, to give a written notice to the person from whom the seizure is made —
a
specifying what has been seized in reliance on the powers conferred by that article;
b
specifying the grounds on which those powers have been exercised;
c
setting out the effect of articles 12 to 14;
d
specifying the name and address of the person to whom notice of an application under article 12 for the return of the seized property must be given; and
e
specifying the name and address of the person to whom an application may be made to be allowed to attend the initial examination required by any arrangements made for the purposes of article 6(2).
Examination and return of property seized under article 3 or 4
6
1
This article applies where anything has been seized under a power conferred by article 3 or 4.
2
It shall be the duty of the person for the time being in possession of the seized property in consequence of the exercise of that power to secure that there are arrangements in force which, subject to article 14, ensure —
a
that an initial examination of the property is carried out by a service policeman as soon as reasonably practicable after the seizure;
b
that that examination is confined to whatever is necessary for determining how much of the property falls within paragraph (3);
c
that anything which is found, on that examination, not to fall within paragraph (3) is separated from the rest of the seized property and is returned as soon as reasonably practicable after the examination of all the seized property has been completed; and
d
that, until the initial examination of all the seized property has been completed and anything which does not fall within paragraph (3) has been returned, the seized property is kept separate from anything seized under any other power.
3
The seized property falls within this paragraph to the extent only —
a
that it is property for which the person seizing it had power to search when he made the seizure but is not property the return of which is required by article 7;
b
that it is property the retention of which is authorised by article 9; or
c
that it is something which, in all the circumstances, it will not be reasonably practicable, following the examination, to separate from property falling within subparagraph (a) or (b).
4
In determining for the purposes of this article the earliest practicable time for the carrying out of an initial examination of the seized property, due regard shall be had to the desirability of allowing the person from whom it was seized, or a person with an interest in that property, an opportunity of being present or (if he chooses) of being represented at the examination.
5
In this article, references to whether or not it is reasonably practicable to separate part of the seized property from the rest of it are references to whether or not it is reasonably practicable to do so without prejudicing the use of the rest of that property, or a part of it, for purposes for which (disregarding the part to be separated) the use of the whole or of a part of the rest of the property, if retained, would be lawful.
Obligation to return items subject to legal privilege
7
1
If, at any time after a seizure of anything has been made in exercise of a power of seizure to which this article applies —
a
it appears to the person for the time being having possession of the seized property in consequence of the seizure that the property —
i
is an item subject to legal privilege, or
ii
has such an item comprised in it,
and
b
in a case where the item is comprised in something else which has been lawfully seized, it is not comprised in property falling within paragraph (2),
it shall be the duty of that person to secure that the item is returned as soon as reasonably practicable after the seizure.
2
Property in which an item subject to legal privilege is comprised falls within this paragraph if —
a
the whole or a part of the rest of the property is property falling within paragraph (3) or property the retention of which is authorised by article 9; and
b
in all the circumstances, it is not reasonably practicable for that item to be separated from the rest of that property (or, as the case may be, from that part of it) without prejudicing the use of the rest of that property, or that part of it, for purposes for which (disregarding that item) its use, if retained, would be lawful.
3
Property falls within this paragraph to the extent that it is property for which the person seizing it had power to search when he made the seizure, but is not property which is required to be returned under this article or article 8.
4
This article applies —
a
to the powers of seizure conferred by articles 3 and 4;
b
to each of the powers of seizure conferred by Part 2 of the 2001 Act and by the 2003 Order.
Obligation to return excluded and special procedure material
8
1
This paragraph applies where, at any time after a seizure of anything has been made in exercise of the power under section 5 of the 2001 Act —
a
it appears to the person for the time being having possession of the seized property in consequence of the seizure that the property —
i
is excluded material or special procedure material, or
ii
has any excluded material or special procedure material comprised in it,
b
its retention is not authorised by article 9, and
c
in a case where the material is comprised in something else which has been lawfully seized, it is not comprised in property falling within paragraph (3) or (4).
2
Where paragraph (1) applies, it shall be the duty of the person for the time being having possession of the seized property to secure that the item is returned as soon as reasonably practicable after the seizure.
3
Property in which any excluded material or special procedure material is comprised falls within this paragraph if —
a
the whole or a part of the rest of the property is property for which the person seizing it had power to search when he made the seizure but is not property the return of which is required by this article or article 7; and
b
in all the circumstances, it is not reasonably practicable for that material to be separated from the rest of that property (or, as the case may be, from that part of it) without prejudicing the use of the rest of that property, or that part of it, for purposes for which (disregarding that material) its use, if retained, would be lawful.
4
Property in which any excluded material or special procedure material is comprised falls within this article if —
a
the whole or a part of the rest of the property is property the retention of which is authorised by article 9; and
b
in all the circumstances, it is not reasonably practicable for that material to be separated from the rest of that property (or, as the case may be, from that part of it) without prejudicing the use of the rest of that property, or that part of it, for purposes for which (disregarding that material) its use, if retained, would be lawful.
Retention of seized items
9
1
The retention of property seized in exercise of a power of seizure conferred by —
i
article 3 or 4;
ii
Part 2 of the 2001 Act; or
iii
the 2003 Order
is authorised by this article if the property falls within paragraph (2) or (3).
2
Property falls within this paragraph to the extent that there are reasonable grounds for believing —
a
that it is property obtained in consequence of the commission of a service offence; and
b
that it is necessary for it to be retained in order to prevent its being concealed, lost, damaged, altered or destroyed.
3
Property falls within this paragraph to the extent that there are reasonable grounds for believing —
a
that it is evidence in relation to any service offence; and
b
that it is necessary for it to be retained in order to prevent its being concealed, lost, altered or destroyed.
4
Nothing in this article authorises the retention (except in pursuance of article 7(2)) of anything at any time when its return is required by article 7.
Retention of seized items - supplementary
10
1
This article has effect in relation to article 17 of the 2003 Order.
2
Article 17 of the 2003 Order shall apply in relation to any property seized in exercise of a power conferred by article 3 or 4 of this Order as if the property had been seized under article 17 of the 2003 Order.
3
Nothing in any of articles 6 to 9 of this Order authorises the retention of any property at any time when its retention would not (apart from the provisions of this Order) be authorised by article 17 of the 2003 Order.
4
Nothing in article 17 of the 2003 Order authorises the retention of anything after an obligation to return it has arisen under this Order.
Person to whom seized property is to be returned
11
1
Where —
a
anything has been seized in exercise of any power of seizure to which this article applies, and
b
there is an obligation under this Order for the whole or any part of the seized property to be returned,
the obligation to return it shall (subject to the following provisions of this article) be an obligation to return it to the person from whom it was seized.
2
Where —
a
any person is obliged under this Order to return anything that has been seized to the person from whom it was seized, and
b
the person under that obligation is satisfied that some other person has a better right to that thing than the person from whom it was seized,
his duty to return it shall, instead, be a duty to return it to that other person or, as the case may be, to the person appearing to him to have the best right to the thing in question.
3
Where different persons claim to be entitled to the return of anything that is required to be returned under this Order, that thing may be retained for as long as is reasonably necessary for the determination in accordance with paragraph (2) of the person to whom it must be returned.
4
References in this Order to the person from whom something has been seized, in relation to a case in which the power of seizure was exercisable by reason of that thing’s having been found on any premises, are references to the occupier of the premises at the time of the seizure.
5
References in this article to the occupier of any premises at the time of a seizure, in relation to a case in which —
a
a notice in connection with the entry or search of the premises in question, or with the seizure, was given to a person appearing in the occupier’s absence to be in charge of the premises, and
b
it is practicable, for the purpose of returning something that has been seized, to identify that person but not to identify the occupier of the premises,
are references to that person.
6
This article applies —
a
to the powers of seizure conferred by articles 3 and 4;
b
to each of the powers of seizure conferred by Part 2 of the 2001 Act and by the 2003 Order.
Application to the judicial officer
12
1
This article applies where anything has been seized in exercise, or purported exercise, of a relevant power of seizure.
2
Any person with a relevant interest in the seized property may apply to a judicial officer, on one or more of the grounds mentioned in paragraph (3), for the return of the whole or a part of the seized property.
3
Those grounds are —
a
that there was no power to make the seizure;
b
that the seized property is or contains an item subject to legal privilege that is not comprised in property falling within article 7(2);
c
that the seized property is or contains any excluded material or special procedure material which —
i
has been seized under a power to which article 8 applies;
ii
is not comprised in property falling within article 8(3) or (4); and
iii
is not property the retention of which is authorised by article 9;
d
that the seized property is or contains something seized under article 3 or 4 which does not fall within article 6(3).
4
Subject to paragraph (6), the judicial officer, on an application under paragraph (2), shall —
a
if satisfied as to any of the matters mentioned in paragraph (3), order the return of so much of the seized property as is property in relation to which the judicial officer is so satisfied; and
b
to the extent that the judicial officer is not so satisfied, dismiss the application.
5
The judicial officer —
a
on an application under paragraph (2),
b
on an application made by the person for the time being having possession of anything in consequence of its seizure under a relevant power of seizure, or
c
on an application made —
i
by a person with a relevant interest in anything seized under article 3 or 4, and
ii
on the grounds that the requirements of article 6(2) have not been or are not being complied with,
may give such directions as the judicial officer thinks fit as to the examination, retention, separation or return of the whole or any part of the seized property.
6
On any application under this article, the judicial officer may authorise the retention of any property which —
a
has been seized in exercise, or purported exercise, of a relevant power of seizure, and
b
would otherwise fall to be returned,
if the judicial officer is satisfied that the retention of the property is justified on grounds falling within paragraph (7).
7
Those grounds are that (if the property were returned) it would immediately become appropriate —
a
to issue, on the application of the person who is in possession of the property at the time of the application under this article, a warrant in pursuance of which, or of the exercise of which, it would be lawful to seize the property; or
b
to make an order under paragraph 5 of Schedule 1 to the 2003 Order under which the property would fall to be delivered up or produced to the person mentioned in subparagraph (a).
8
This paragraph applies where any property which has been seized in exercise, or purported exercise, of a relevant power of seizure has parts (“part A” and “part B”) comprised in it such that —
a
it would be inappropriate, if the property were returned, to take any action such as is mentioned in paragraph (7) in relation to part A,
b
it would (or would but for the facts mentioned in sub-paragraph (a)) be appropriate, if the property were returned, to take such action in relation to part B, and
c
in all the circumstances, it is not reasonably practicable to separate part A from part B without prejudicing the use of part B for purposes for which it is lawful to use property seized under the power in question.
9
If paragraph (8) applies, the facts mentioned in paragraph (8)(a) shall not be taken into account by the judicial officer in deciding whether the retention of the property is justified on grounds falling within paragraph (7).
10
The relevant powers of seizure for the purposes of this article are —
a
the powers of seizure conferred by articles 3 and 4;
b
the powers of seizure conferred by Part 2 of the 2001 Act except the power in section 7 of that Act; and
c
the powers of seizure conferred by the 2003 Order except the power under article 15 in so far as it relates to section 7 of the 2001 Act.
11
References in this article to a person with a relevant interest in seized property are references to —
a
the person from whom it was seized;
b
any person with an interest in the property; or
c
any person, not falling within sub-paragraph (a) or (b), who had custody or control of the property immediately before the seizure.
12
For the purposes of paragraph (11)(b), the persons who have an interest in seized property shall, in the case of property which is or contains an item subject to legal privilege, be taken to include the person in whose favour that privilege is conferred.
Cases where duty to secure arises
13
1
Where property has been seized in exercise, or purported exercise, of any power of seizure conferred by article 3 or 4, a duty to secure arises under article 14 in relation to the seized property if —
a
a person entitled to do so makes an application under article 12 for the return of the property;
b
at least one of the conditions set out in paragraphs (2) and (3) is satisfied; and
c
notice of the application is given to a relevant person.
2
The first condition is that the application is made on the grounds that the seized property is or contains an item subject to legal privilege that is not comprised in property falling within article 7(2).
3
The second condition is that —
a
the seized property was seized by a person who had, or purported to have, power under this Order to seize it by virtue only of one or more of the powers specified in paragraph (4); and
b
the application —
i
is made on the ground that the seized property is or contains something which does not fall within article 6(3); and
ii
states that the seized property is or contains special procedure material or excluded material.
4
The powers mentioned in paragraph (3) are —
a
the powers of seizure under sections 5 and 10 of the 2001 Act;
b
the powers of seizure conferred by the 2003 Order except the power under article 15 in so far as it relates to section 7 of the 2001 Act.
5
In this article “a relevant person” means any one of the following —
a
the person who made the seizure;
b
the person for the time being having possession, in consequence of the seizure, of the seized property;
c
the person named for the purposes of paragraph (1)(d) or (4)(d) of article 5 in any notice given under that article with respect to the seizure.
The duty to secure
14
1
The duty to secure that arises under this article is a duty of the person for the time being having possession, in consequence of the seizure, of the seized property to secure that arrangements are in force that ensure that the seized property (without being returned) is not, at any time after the giving of the notice of the application under article 13(1), either —
a
examined or copied, or
b
put to any use to which its seizure would, apart from this paragraph, entitle it to be put,
except with the consent of the applicant or in accordance with the directions of a judicial officer.
2
Paragraph (1) shall not have effect in relation to any time after the withdrawal of the application to which the notice relates.
3
Nothing in any arrangements for the purposes of this article shall be taken to prevent the giving of a notice under section 49 of the Regulation of Investigatory Powers Act 2000 (notices for the disclosure of material protected by encryption etc ) in respect of any information contained in the seized material; but paragraph (1) shall apply to anything disclosed for the purpose of complying with such a notice as it applies to the seized material in which the information in question is contained.
Use of inextricably linked property
15
1
This article applies to inextricably linked property, other than property which is for the time being required to be secured in pursuance of article 14, if it has been seized under any power of seizure conferred by —
a
article 3 or 4;
b
Part 2 of the 2001 Act (except the power under section 7); or
c
the 2003 Order (except the power under article 15 in so far as it relates to section 7 of the 2001 Act).
2
Subject to paragraph (3), it shall be the duty of the person for the time being having possession, in consequence of the seizure, of the inextricably linked property to ensure that arrangements are in force which secure that that property (without being returned) is not at any time, except with the consent of the person from whom it was seized, either —
a
examined or copied, or
b
put to any other use.
3
Paragraph (2) does not require that arrangements under that paragraph should prevent inextricably linked property from being put to any use falling within paragraph (4).
4
A use falls within this paragraph to the extent that it is use which is necessary for facilitating the use, in any investigation or proceedings, of property in which the inextricably linked property is comprised.
5
Property is inextricably linked property for the purposes of this article if it falls within any of paragraphs (6) to (8).
6
Property falls within this paragraph if —
a
it has been seized under a power conferred by article 3 or 4; and
b
but for paragraph (3)(c) of article 6, arrangements under paragraph (2) of that article in relation to the property would be required to ensure the return of the property as mentioned in paragraph (2)(c) of that article.
7
Property falls within this paragraph if —
a
it has been seized under a power to which article 7 applies; and
b
but for paragraph (1)(b) of that article, the person for the time being having possession of the property would be under a duty to secure its return as mentioned in that paragraph.
8
Property falls within this paragraph if —
a
it has been seized under a power of seizure to which article 8 applies; and
b
but for paragraph (1)(c) of that article, the person for the time being having possession of the property would be under a duty to secure its return as mentioned in that paragraph.
Copies
16
1
Subject to paragraph (3) —
a
this Order shall apply as if any copy taken under any power to which any provision of this Order applies were the original of that of which it is a copy; and
b
for the purposes of this Order, except articles 3 and 4, the powers mentioned in paragraph (2) (which are powers to obtain hard copies etc of information which is stored in electronic form) shall be treated as powers of seizure, and references to seizure and to seized property shall be construed accordingly.
2
The powers mentioned in paragraph (1)(c) are the powers conferred by articles 14(4) and 15 of the 2003 Order.
3
Paragraph (1) does not apply to article 10.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
6th December 2006


type: legislation

jurisdiction: UK

text:
This Order may be cited as the General Optical Council (Continuing Education and Training)(Amendment No 2) Rules Order of Council 2006 and shall come into force on 1st January 2007.
A K Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Change of Category of Maintained Schools) (Amendment) (No.2) (England) Regulations 2006 and shall come into force on 1st August 2006.
2
In these Regulations “the Principal Regulations ” means the Education (Change of Category of Maintained Schools) (England) Regulations 2000 .
Amendment of the Principal Regulations
2
The Principal Regulations shall be further amended as follows.
3
In regulation 4(3), omit the word “secondary” in each place where it occurs.
Jim Knight
Minister of State
Department for Education and Skills
9th June 2006


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Definition of Unit Trust Scheme and Open-ended Investment Company) (Amendment) Regulations 2006 and shall come into force on 6th April 2006.
Amendment of the Stamp Duty and Stamp Duty Reserve Tax (Definition of Unit Trust Scheme and Open-ended Investment Company) Regulations 2001
2
The Stamp Duty and Stamp Duty Reserve Tax (Definition of Unit Trust Scheme and Open-ended Investment Company) Regulations 2001 are amended as follows.
3
For regulation 2 (interpretation) substitute —
Interpretation
2
1
In these Regulations —
“feeder fund” means a feeder fund within the meaning of (and complying with the requirements) of paragraph 2 of Part 1 of Schedule 1 to the Personal Pension Schemes (Appropriate Schemes) Regulations 1997 (including a constituent part of an umbrella registered pension unit trust which is regarded as a feeder fund for the purposes of those Regulations);
“open-ended investment company” has the meaning given in section 236 of the Financial Services and Markets Act 2000 ;
“qualifying EEA investment company” means a company —
which is formed under the law of an EEA State and complies with the requirements specified in section 266(2) of the Companies Act 1985,
which may lawfully offer its shares to the public in an EEA State, and
in relation to which, on the basis of its last published annual accounts, the ratio between the company’s loan capital and the value of its ordinary shares is 50% per cent or less;
“qualifying EEA open-ended investment company” means an open-ended investment company within the meaning given by section 236 of the Financial Services and Markets Act 2000 which —
is formed under the law of an EEA state,
is not a UCITS , and
may lawfully offer its shares to the public in an EEA State”;
“recognised scheme” has the meaning given in section 264 of the Financial Services and Markets Act 2000 ;
“registered pension scheme” has the meaning given in section 150(2) of the Finance Act 2004;
“registered pension unit trust” means a registered pension scheme which is an authorised unit trust scheme of a kind mentioned in Part 1 of Schedule 1 to the Personal Pension Schemes (Appropriate Schemes) Regulations 1997;
“trust instrument” has the meaning given by paragraph 14 of Schedule 19 to the Finance Act 1999;
“UCITS” means an undertaking for collective investment in transferable securities within the meaning of Article 1 of Council Directive 85/611/ EEC , as last amended by European Parliament and Council Directive 2001/108/ EC ;
“umbrella registered pension unit trust” means a registered pension unit trust which is constituted as an umbrella fund within the meaning of the Financial Services (Regulated Scheme) Regulations 1991;
“units” and “unit trust scheme” have the meanings given by section 237 of the Financial Services and Markets Act 2000.
2
In these Regulations “individual pension account” means an account within which investments may be held and which satisfies the following conditions:
Condition 1
The funds of the account consist only of —
monies received from the trustees, managers or administrators of registered pension schemes, or monies held for the purposes of registered pension schemes that are designated to be held within the account, and
income and gains arising from those monies when held as funds of the account.
Condition 2
Any monies received in accordance with Condition 1 consist of one or more of the following —
contributions to a registered pension scheme by a member, or the employer of a member, of that registered pension scheme,
amounts transferred to a registered pension scheme from another registered pension scheme,
minimum contributions referred to in section 188(3)(c) of the Finance Act 2004,
minimum payments within the meaning given by section 8(2) of the Pension Schemes Act 1993.
Condition 3
The funds and other assets of the account —
are held —
by the trustees, managers or administrators of the registered pension schemes whose members subscribe to the account as account holders, and
on behalf of the individual account holders as beneficial owners subject to the account rules, or
in the case of assets consisting of units in a registered pension unit trust or, where the registered pension unit trust is an umbrella registered pension unit trust, in the respective parts of the umbrella registered pension unit trust —
are registered in the names of the individual account holders, and
are issued subject to the terms of the trust deed and the rules constituting the registered pension unit trust.
Condition 4
The funds and other assets of the account are used only to provide benefits in respect of individual account holders under registered pension schemes and subject to the limits and rules of those registered pension schemes.
Condition 5
The assets of the account, other than cash awaiting investment, consist of one or more of the following investments —
units in an authorised unit trust scheme or in a unit trust scheme that is a recognised scheme,
shares in a qualifying EEA open-ended investment company,
units in a UCITS formed under the laws of a member state other than the United Kingdom which has been authorised by the competent authorities of that member state and is a recognised scheme,
shares in a body corporate which is a qualifying UK investment company,
shares in a body corporate which is a qualifying EEA investment company,
shares in an investment company with variable capital, and
investments falling within paragraph 13 of Part 2 of Schedule 2 to the Financial Services and Markets Act 2000 (government and public securities).
The reference in head (a) to units in an authorised unit trust scheme, where the authorised unit trust scheme is an umbrella registered pension unit trust that is constituted as a feeder fund or comprises feeder funds, comprises both the units in the feeder fund or feeder funds that are issued to the individual account holder and the underlying units held by the feeder fund or feeder funds.
Condition 6
If monies are received by the account that comprise an individual’s investment in more than one registered pension scheme the amount relating to each registered pension scheme is separately identified by the administrator of the account.
Condition 7
Whenever required to do so by an officer of Revenue and Customs, the administrator of the account has provided to that officer the following information —
the names of individuals who are the account holders,
details of the registered pension schemes of which those individuals are members,
the amount of the funds, and the description and value of the assets, held on behalf of each account holder,
the amount of income and gains accruing to each account holder from funds and assets held on that individual’s behalf,
transfers of funds to another individual pension account on behalf of an account holder.
Condition 8
Whenever required to do so by an officer of Revenue and Customs, the administrator of the account has enabled that officer to audit and inspect all aspects of the management and administration of the account, including records and systems relating to the management or administration of the account.
.
Mike Eland
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
15th March 2006


text:
Citation and Commencement
1
This Order may be cited as the Air Navigation (Overseas Territories) (Amendment) Order 2006 and shall come into force on 21st August 2006.
Amendment of the Air Navigation (Overseas Territories) Order 2001
2
The Air Navigation (Overseas Territories) Order 2001 shall be amended as follows.
3
In article 4, paragraph (4)(a), the word “of” where it first appears shall be replaced by “or”.
4
In article 68, paragraph (c), the word “or” shall be replaced by “of”.
5
For article 101 there shall be substituted:
Aerodromes – aircraft operations required to use certificated or notified aerodromes
101
1
An aircraft to which this paragraph applies shall not take off or land at a place in the Territory other than:
a
an aerodrome certificated under article 103 of this Order for the take-off and landing of such aircraft; or
b
a Government aerodrome notified under article 102 of this Order as available for the take-off and landing of such aircraft, or in respect of which the person in charge of the aerodrome has given his permission for the particular aircraft to take off or land as the case may be;
and in accordance with any conditions subject to which the aerodrome may have been certificated or notified, or subject to which such permission may have been given.
2
Subject to paragraph (4), paragraph (1) applies to:
a
aircraft which are flying for the purpose of international operations;
b
aircraft having a type certificated maximum passenger seating capacity of 10 or more which are flying for the purpose of public transport operations;
c
aircraft having a maximum total weight authorised ( MTWA ) of 15,000 kg or more operating a flight for the purpose of public transport;
d
aircraft (other than Micro-lights) which are flying:
i
for the purpose of instruction in flying given to any person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence; or
ii
for the purpose of carrying out flying tests in respect of the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence;
e
an aeroplane that is unable to maintain a positive climb gradient in the event of a failure of a power unit on take-off, operating a flight for the purpose of commercial air transport of passengers at night.
3
a
Subject to paragraph (4) the person in charge of any area in the Territory intended to be used for the taking off or landing of helicopters at night other than such a place as is specified in paragraph (1) shall cause to be in operation, whenever a helicopter flying for the purpose of the public transport of passengers is taking off or landing at that area by night, such lighting as will enable the pilot of the helicopter:
i
in the case of landing, to identify the landing area in flight, to determine the landing direction and to make a safe approach and landing; and
ii
in the case of taking off, to make a safe take-off.
b
A helicopter flying for the purpose of the public transport of passengers at night shall not take off or land at a place to which sub-paragraph (a) applies unless there is in operation such lighting.
4
Paragraph (1) shall not apply to or in relation to an aircraft flying under and in accordance with the terms of a police air operator’s certificate.
5
For the purposes of this article “international operations” are operations in respect of which the point of departure of the flight and the point of destination thereof are in two different States or in respect of which the flight passes through the sovereign airspace of the territory of more than one State.
6
For article 102 there shall be substituted:
Use of Government aerodromes
102
1
The Governor may cause to be notified, subject to such conditions as he thinks fit, any Government aerodrome as an aerodrome available for the take-off and landing of aircraft engaged on flights for the purpose of the commercial air transport of passengers or for the purpose of instruction in flying or of any classes of such aircraft.
2
For the purposes of this article a “Government aerodrome” means any aerodrome in the Territory that is under the control of Her Majesty’s naval, military or air forces or of any visiting force.
7
For article 103 there shall be substituted:
Certification of aerodromes
103
1
A person in charge of the operation of an aerodrome in the Territory is required to hold in respect of such aerodrome a certificate issued by the Governor in accordance with this article if:
a
the aerodrome is made available for the purposes of any of the operations specified in article 101(2) of this Order; or
b
the Governor considers that it is in the public interest to so require an aerodrome to be certificated.
2
The Governor shall grant a certificate in respect of any aerodrome in the Territory, subject to such conditions as he thinks fit, if he is satisfied that:
a
the applicant is competent, having regard to his previous conduct and experience, his equipment, organisation, staffing, maintenance and other arrangements, to secure that the aerodrome and the airspace within which its visual traffic pattern is normally contained are suitable for use by aircraft;
b
the aerodrome is safe for use by aircraft having regard in particular to the physical characteristics of the aerodrome and of its surroundings; and
c
the aerodrome manual, incorporating a safety management system, submitted pursuant to paragraph (7) is adequate.
3
If the applicant so requests the Governor may grant a certificate which in addition to any other conditions that he may impose shall be subject to the condition that the aerodrome shall at all times when it is available for the take-off or landing of aircraft be so available to all persons on equal terms and conditions.
4
The holder of an aerodrome certificate granted under this Order (in this article called “an aerodrome certificate holder”) shall:
a
furnish to any person on request information concerning the terms of the certificate; and
b
cause to be notified the times during which the aerodrome will be available for the take-off or landing of aircraft engaged on flights for the purpose of the public transport of passengers or instruction in flying.
5
An aerodrome certificate holder shall not contravene or cause or permit to be contravened any condition of the aerodrome certificate at any time in relation to such aircraft engaged on such flights as are specified in article 101(2) of this Order, but the certificate shall not cease to be valid by reason only of such a contravention.
6
An aerodrome certificate holder shall take all reasonable steps to secure that the aerodrome and the airspace within which its visual traffic pattern is normally contained are safe at all times for use by aircraft.
7
Upon making an application for an aerodrome certificate the applicant shall submit to the Governor an aerodrome manual for that aerodrome.
8
An aerodrome manual required pursuant to this article shall contain all such information and instructions as may be specified by the Governor to enable the aerodrome operating staff to perform their duties as such including, in particular, information and instructions relating to the matters specified in Schedule 16 to this Order.
9
Every aerodrome certificate holder shall:
a
furnish to the Governor any amendments or additions to the aerodrome manual before or immediately after they come into effect;
b
without prejudice to sub-paragraph (a), make such amendments or additions to the aerodrome manual as the Governor may require for the purpose of ensuring the safe operation of aircraft at the aerodrome or the safety of air navigation; and
c
maintain the aerodrome manual and make such amendments as may be necessary for the purposes of keeping its contents up to date.
10
Every aerodrome certificate holder shall make available to each member of the aerodrome operating staff a copy of the aerodrome manual, or a copy of every part of the aerodrome manual which is relevant to his duties, and shall ensure that each such copy is kept up to date.
11
Every aerodrome certificate holder shall take all reasonable steps to secure that each member of the aerodrome operating staff is aware of the contents of every part of the aerodrome manual which is relevant to his duties as such and undertakes his duties as such in conformity with the relevant provisions of the manual.
12
For the purposes of this article:
a
“aerodrome operating staff” means all persons, whether or not the aerodrome certificate holder and whether or not employed by the aerodrome certificate holder, whose duties are concerned either with ensuring that the aerodrome and airspace within which its visual traffic pattern is normally contained are safe for use by aircraft, or whose duties require them to have access to the aerodrome manoeuvering area or apron;
b
“safety management system” means a system for the management of safety at aerodromes, including the organizational structure, responsibilities, procedures, processes and provisions for the implementation of aerodromes safety policies by an aerodrome operator, which provides for control of safety at, and the safe use of, the aerodrome;
c
“visual traffic pattern” means the aerodrome traffic zone of the aerodrome, or, in the case of an aerodrome which is not notified for the purposes of rule 39 of the Rules of the Air, the airspace which would comprise the aerodrome traffic zone of the aerodrome if it was so notified.
8
In article 106(1) in the first line after the words “in respect of which” there should be added “a certificate in accordance with article 103 of this Order or”.
9
In article 130(1) the definition of “Government aerodrome” shall be deleted.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police (Promotion) (Amendment) Regulations 2006, and shall come into force on 1 st July 2006.
2
These Regulations extend to England and Wales.
Amendment of the Police (Promotion) Regulations 1996
2
In Schedule 1 to the Police (Promotion) Regulations 1996 —
a
in paragraph 5(1A), after “rank of sergeant”, delete “in that year”, and
b
in paragraph 5(3A), after “rank of inspector”, delete “in that year”.
Tony McNulty
Minister of State
Home Office
31st May 2006


text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Amendment) Regulations 2006 and shall come into force on 20th November 2006.
Amendment of the Housing Benefit Regulations 2006
2
In regulation 40 of the Housing Benefit Regulations 2006 (calculation of income other than earnings) after paragraph (4) insert —
4A
An authority may modify this Part so as to provide for disregarding, in determining a person’s income (whether he is the occupier of a dwelling or any other person whose income falls to be aggregated with that of the occupier of the dwelling), the whole or any part of any payment made under article 14(1)(b) or 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 .
.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
3
In regulation 33 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (calculation of weekly income) after paragraph (13) add —
14
An authority may modify this Part so as to provide for disregarding, in determining a person’s income (whether he is the occupier of a dwelling or any other person whose income falls to be aggregated with that of the occupier of the dwelling), the whole or any part of any payment made under article 14(1)(b) or 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005.
.
Amendment of the Council Tax Benefit Regulations 2006
4
In regulation 30 of the Council Tax Benefit Regulations 2006 (calculation of income other than earnings) after paragraph (4) insert —
4A
An authority may modify this Part so as to provide for disregarding, in determining a person’s income, the whole or any part of any payment payable under article 14(1)(b) or 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 to that person, or to his partner or to a person to whom he is polygamously married.
.
Amendment of the Council Tax (Persons who have attained the qualifying age for state pension credit) Regulations 2006
5
In regulation 23 of the Council Tax (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (calculation of weekly income) after paragraph (13) add —
14
An authority may modify this Part so as to provide for disregarding, in determining a person’s income, the whole or any part of any payment payable under article 14(1)(b) or 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 to that person, or to his partner or to a person to whom he is polygamously married.
.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
19th October 2006


text:
Citation and interpretation
1
1
This Order may be cited as the Water Act 2003 (Commencement No. 6, Transitional Provisions and Savings) Order 2006.
2
In this Order —
“ the Act ” means the Water Act 2003; and
“ the Agency ” means the Environment Agency.
Provisions coming into force on 1st April 2006
2
The following provisions of the Act come into force on 1st April 2006 —
a
section 1 (licences to abstract water);
b
section 2 (restrictions on impounding);
c
section 3 (existing impounding works);
d
section 4 (existing impounding works: works notices);
e
in section 8 (amendments relating to section 7), subsections (3) to (7) and subsection (1) in so far as it relates to those subsections;
f
section 11 (who may apply for a licence);
g
section 12 (abolition of combined licences);
h
section 13 (applications: types of abstraction licence);
i
section 14 (publication of application for licence);
j
section 19 (form, contents and effect of licences) for all remaining purposes;
k
section 21 (modification of licences);
l
section 22 (proposals for modification at instance of Agency or Secretary of State);
m
section 23 (transfer and apportionment of licences);
n
section 25 (compensation for modification of licence on direction of Secretary of State) for all remaining purposes;
o
section 30 (enforcement notices, and related procedures and offences);
p
section 33 (application of certain water resources provisions to the Act);
q
section 62 (water resources management plans) in so far as it has effect to insert into the WIA section 37A and 37D, and for all remaining purposes as respects the insertion into the WIA of section 37B;
r
in section 100 (devolution: Wales) —
i
subsection (2)(c);
ii
subsection (2)(g) in so far as it relates to provisions amended or introduced by any provision of the Act which is brought into force by virtue of this article;
iii
subsection (4)(b)(iii);
iv
subsection (6) in so far as it relates to references to provisions amended or introduced by any provision of the Act which is brought into force by virtue of this article; and
v
subsection (7) in so far as it relates to subsection (6) (so far as brought into force by sub-paragraph (iv) above) or the amendments made by subsections (2) and (4) (so far as brought into force by sub-paragraphs (i) and (iii) above); and
s
in section 101 (minor and consequential amendments and repeals) —
i
subsection (1) in so far as it relates to the amendments made by paragraphs 4, 7, 8, 10 to 13 and 15 of Schedule 7 to the Act, and paragraph 1 in so far as it relates to those paragraphs; and
ii
subsection (2) in so far as it relates to the repeals specified in Schedule 9 of sections 30, 31, 36, 49, 50, 52(8) and 125(2) of the WRA and the repeal in relation to section 25(2) of that Act.
Transitional and savings provisions
3
1
The transitional and savings provisions in the Schedule to this Order have effect.
2
Paragraph (1) comes into force on 1st April 2006.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
Date 30th March 2006


text:
1
This Order may be cited as the Export Control (Security and Para-military Goods) Order 2006 and shall come into force on the 30th July 2006.
2
In this Order —
“the 2003 Order ” means the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 ;
“the Trade Order ” means the Trade in Goods (Control) Order 2003 ; and
“the 2004 Order ” means the Trade in Controlled Goods (Embargoed Destinations) Order 2004 .
Amendments to the 2003 Order
3
Article 2(1) of the 2003 Order shall be amended as follows —
a
in the definition of “Community Licence” at the end insert, “or the 2005 Regulation ”;
b
in the definition of “competent authority” at the end insert the following, “or the 2005 Regulation”; and
c
after the definition of “the Regulation” insert;
“the 2005 Regulation” means Council Regulation ( EC ) No 1236/2005 of 27th June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.
4
Article 3 of the 2003 Order shall be amended as follows —
a
after paragraph 1 insert the following paragraph:
1A
Subject to the provisions of this Order, goods of a description in Schedule 1A to this Order are prohibited to be exported to any Member State.
; and
b
in paragraph 2 after the words “Paragraph (1)” insert the words “or 1A”.
5
For paragraph (11)(b) of Article 11 of the 2003 Order substitute —
b
the following goods;
i
any goods falling within paragraph d., g. or h. of entry PL5001 in Part 1 of Schedule 1 to this Order;
ii
any goods falling within entry 1 or 2 in Schedule 1A to this Order; or
iii
any goods falling within entry 3 in Schedule 1A to this Order where those goods are in transit from one Member State to another Member State.
.
6
For paragraph 2 of article 12 of the 2003 Order substitute —
2
A Community Licence is the authorisation required by —
a
Article 3(1) of the Regulation, for the exportation or transfer from the European Community of any goods, software or technology specified in Annex 1 to the Regulation where the export or transfer is not subject to Article 6(1) of the Regulation;
b
Article 4(1), (2) and (3) of the Regulation for the exportation or transfer from the European Community, in the circumstances respectively described in those paragraphs, of any goods, software or technology not listed in Annex 1 to the Regulation where the export or transfer is not subject to Article 6(1) of the Regulation; or
c
Articles 3(2) and 5(1) of the 2005 Regulation.
.
7
Article 16 of the 2003 Order shall be amended as follows —
a
in paragraph (1) insert “ or” at the end of sub-paragraph (b) and insert after that sub-paragraph —
c
Article 3(1) of the 2005 Regulation, in respect of the supply of technical assistance, as defined in the 2005 Regulation,
;
b
after paragraph (5) insert —
5A
Any person knowingly concerned in the provision of technical assistance, as defined in the 2005 Regulation, with intent to evade the prohibition on the provision of technical assistance in article 3(1) of the 2005 Regulation shall be guilty of an offence and liable to arrest.
; and
c
in paragraph 6 for “under paragraph (4) or (5)” substitute “under paragraph (4), (5) or (5A) ”.
8
In article 21(2) of the 2003 Order insert at the end “and the 2005 Regulation in respect of the export of goods, and the provision of technical assistance as defined in the 2005 Regulation”.
9
For article 21(6) of the 2003 Order substitute —
6
In the case of any person who is guilty of any offence related to any prohibition or restriction in articles 3, 4 or 5 of this Order, Article 3(1), 4(1), (2), (3) or 21(1) of the Regulation, or Article 3(1) or 5(1) of the 2005 Regulation, sections 68(3)(b) and 170(3)(b) of the Customs and Excise Management Act 1979 shall have effect as if for the words “7 years” there shall be substituted “10 years”.
10
In article 21(8) of the 2003 Order for the words “article 16(4) or (5)” substitute “article 16(4), (5) or (5A)”
11
For article 21(9) of the 2003 Order substitute —
9
Section 77A of the Customs and Excise Management Act 1979 (provision as to information powers) shall apply to any person concerned in an activity requiring —
a
a licence under this Order for the transfer of software or technology or the provision of technical assistance as it applies to any person who is concerned (in whatever capacity) in the exportation of goods for which an entry is required by or under that Act; or
b
an authorisation required by Article 3(1) of the 2005 Regulation in respect of technical assistance, as defined in that Regulation;
as it applies to any person who is concerned in the exportation of goods for which an entry is required by or under that Act and accordingly references in section 77A of the Customs and Excise Management Act to goods shall, as the context requires, be read as including software, technology and technical assistance, and references to exportation shall as the context requires, be read as including the transfer of technology or software or the provision of technical assistance.
.
12
Part 1 of Schedule 1 to the 2003 Order shall be amended as follows —
a
in Note 1 to entry ML7 after entry p. add “q. Pelargonic acid vanillylamide ( PAVA ) ( CAS 2444-46-4). N.B: See 3.2. of Annex III to the 2005 Regulation” and “r. Oleoresin capsicum ( OC )(CAS 8023-77-6). N.B: See 3.3. of Annex III to the 2005 Regulation”; and
b
for the entries PL5001 c. to g. substitute the following entries —
c
Shackles designed for restraining human beings having an overall dimension including chain, when measured from the outer edge of one cuff to the outer edge of the other cuff, of between 240mm and 280mm when locked;
d
Electric–shock belts designed for restraining human beings by the administration of electric shocks having a no-load voltage not exceeding 10 000 volts;
e
Water cannon and specifically designed components therefor;
f
Riot control vehicles which have been specially designed or modified to be electrified to repel boarders and components therefor specially designed or modified for that purpose;
g
Electric-shock dart guns having a no load voltage not exceeding 10,000 volts;
h
components specially designed or modified for portable devices designed or modified for the purposes of riot control or self-protection by the administration of an electric shock (e.g., electric-shock batons, electric-shock shields, stun-guns and electric-shock dart-guns).
.
13
After Schedule 1 to the 2003 Order insert, as Schedule 1A, the Schedule set out in Schedule 1 to this Order.
14
In Schedule 2 to the 2003 Order omit entry PL 9001.
Amendments to the Trade Order
15
In article 2 of the Trade Order for the definition of controlled goods substitute —
“controlled goods” means goods used and unused, specified in Schedule 1 to this Order, the transfer, acquisition or disposal of which are prohibited by this Order but does not include goods which are “restricted goods”. For the avoidance of doubt “controlled goods” does not include software and technology;
.
16
In article 2 of the Trade Order for the definition of restricted goods substitute —
“restricted goods” means goods, both used and unused, specified in Schedule 2 to this Order, including those which would otherwise be “controlled goods”, the supply or delivery of which are prohibited by this Order;
.
17
After paragraph (4) of article 3 of the Trade Order insert the following paragraph —
4A
a
Paragraphs 1 and 2 shall not apply to the restricted goods listed in sub-paragraph (b) to the extent the actions will, or may, result in the removal of those goods from one Member State to another Member State.
b
The goods referred to in sub-paragraph (a) are as follows;
i
the restricted goods listed in paragraph 1 of Schedule 2;
ii
Individual Cuffs;
iii
Shackles; except those shackles which have an overall dimension including chain, when measured from the outer edge of one cuff to the outer edge of the other cuff, of between 240 mm and 280 mm when locked and have not been modified to cause physical pain or suffering; and
iv
the restricted goods in sub-paragraphs (b) to (d) of paragraph 2 and paragraph 4 of Schedule 2.
.
18
After paragraph (4) of article 4 of the Trade Order insert —
4A
Paragraphs 1, 2 and 3 shall not apply to the controlled goods listed at paragraph 2 of Schedule 1 to the extent the actions will, or may, result in the removal of those goods from one Member State to another Member State.
.
19
For the Schedule to the 2003 Trade Order substitute the Schedules set out in Schedule 2 to this Order
Amendments to the 2004 Order
20
For the definition of controlled goods in article 2 of the 2004 Order substitute —
“controlled goods” means goods used and unused, specified in Part 1 of Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance Order 2003 and paragraph 2 of Schedule 1 and paragraphs 1 to 4 of Schedule 2 to the Trade in Goods (Control) Order 2003 . For the avoidance of doubt “controlled goods” does not include software and technology.
.
Malcolm Wicks
Minister for Energy
Department of Trade and Industry
29th June 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Relevant Authorities (Standards Committee) (Amendment) Regulations 2006 and shall come into force on 1st March 2006.
2
These Regulations apply in relation to relevant authorities in England , other than parish councils, and to police authorities in Wales.
Amendment of the Relevant Authorities (Standards Committee) Regulations 2001
2
In regulation 7 of the Relevant Authorities (Standards Committee) Regulations 2001 (application of the Local Government Act 1972) —
a
for paragraph (1), substitute —
1
Subject to paragraphs (2) to (4), Part 5A of the 1972 Act shall apply in relation to meetings of a standards committee, or sub-committee of a standards committee, of an authority as it applies to meetings of a principal council in England.
; and
b
for paragraph (4), substitute —
4
Where a meeting of a standards committee, or a sub-committee of a standards committee, is convened to consider a matter referred under the provisions of section 60(2) or (3), 64(2), 70(4) or (5) or 71(2) of the Act, the provisions of Parts 1 to 3 of Schedule 12A to the 1972 Act shall apply as if, after paragraph 7 of that Schedule, the following descriptions of exempt information were inserted —
7A
Information which is subject to any obligation of confidentiality.
7B
Information which relates in any way to matters concerning national security.
7C
The deliberations of a standards committee or of a sub-committee of a standards committee established under the provisions of Part 3 of the Local Government Act 2000 in reaching any finding on a matter referred under the provisions of section 60(2) or (3), 64(2), 70(4) or (5) or 71(2) of that Act.
.
Signed by authority of the First Secretary of State
Phil Woolas
Minister of State
Office of the Deputy Prime Minister
18th January 2006


text:
Citation
1
1
This Order may be cited as the Social Security Act 1998 (Commencement Nos. 9 and 11) (Amendment) Order 2006.
2
The provisions of this Order shall take effect as from 16th October 2006.
Amendment of Social Security Act 1998 (Commencement No. 9 etc. ) Order 1999
2
1
The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 is amended as follows.
2
In Article 1(2) (citation and interpretation) after paragraph (c) add —
d
“relevant benefit” also means the following benefits under the Social Security Act 1975 —
i
sickness benefit under section 14;
ii
unemployment benefit under section 14;
iii
invalidity pension under section 15; and
iv
invalidity allowance under section 16.
.
3
In Article 3 (consequential amendments and modifications) —
a
in paragraph (1), at the beginning, insert “Subject to paragraph (15)”; and
b
after paragraph (14) add —
15
The amendments in paragraph (16) shall take effect as from 16th October 2006.
16
In the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 —
a
in regulation 11 (transitional awards of short-term incapacity benefit) after paragraph (5) add —
6
The transitional award under paragraph (1) is treated as a decision of the Secretary of State under section 8(1) of the Social Security Act 1998 (decisions by Secretary of State) and as an incapacity decision for the purposes of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
; and
b
in regulation 17 (transitional awards of long-term incapacity benefit) after paragraph (4) add —
5
The transitional award under paragraph (1) is treated as a decision of the Secretary of State under section 8(1) of the Social Security Act 1998 (decision by Secretary of State) and as an incapacity decision for the purposes of the Social Security and Child Support (Decisions and Appeals) Regulations 1999.
.
.
4
In paragraph 4(1) of Schedule 14 (transitional provisions) —
a
in sub-paragraph (a) omit “or”; and
b
after sub-paragraph (a) insert —
aa
under or by virtue of Part III of the Social Security Act 1975; or
.
Amendment of Social Security Act 1998 (Commencement No. 11 etc.) Order 1999
3
1
The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions ) Order 1999 is amended as follows .
2
In Article 1(2) (citation and interpretation) after sub-paragraph (c) add —
d
“relevant benefit” also means —
i
an attendance allowance under section 35 of the Social Security Act 1975;
ii
a mobility allowance under section 37A of that Act;
iii
supplementary benefit under section 1 of the Supplementary Benefit Act 1976 .
.
3
In Article 3 (consequential amendments and modification) —
a
in paragraph (1), at the beginning, insert “Subject to paragraph (15)”; and
b
after paragraph (15) insert —
16
The amendment in paragraph (17) shall take effect from 16th October 2006.
17
In regulation 14(1) of the Social Security (Introduction of Disability Living Allowance) Regulations 1991 (reviews) after “appellate authorities)” insert “and sections 9 and 10 of the Social Security Act 1998 (revision and supersession of decisions)”.
.
4
In paragraph 4(1) of Schedule 16 (transitional provisions in relation to relevant benefits) —
a
in sub-paragraph (a) omit “or”; and
b
after sub-paragraph (a) insert —
aa
under or by virtue of Part III of the Social Security Act 1975; or
;
Signed by authority of the Secretary of State for Work and Pensions
James Plaskitt
Parliamentary Under Secretary of State,
Department for Work and Pensions
20th September 2006


text:
PART 1
General provisions
Title, application and commencement
1
These Regulations may be cited as the Transmissible Spongiform Encephalopathies Regulations 2006, apply in England and come into force on 1st March 2006.
Interpretation
2
1
In these Regulations —
“bovine animal” includes bison and buffalo (including water buffalo);
“ BSE ” means bovine spongiform encephalopathy;
“cattle passport” has the same meaning as in the Cattle Identification Regulations 1998 ;
“ Community TSE Regulation ” means Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies , as amended by, and as read with the instruments set out in Schedule 1;
“inspector” means an inspector appointed under regulation 16, and “veterinary inspector” means a veterinary surgeon appointed by the Secretary of State as an inspector;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county or the council of a district within the county area;
in each London borough, the council of that borough; or
in the City of London, the Common Council;
“slaughterhouse” and “cutting plant” mean premises —
approved or conditionally approved as such by the Food Standards Agency under Article 31(2) of Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules ; or
operating under Article 4(5) of Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin pending such approval;
“ TSE ” means transmissible spongiform encephalopathy.
2
Expressions that are not defined in these Regulations and occur in the Community TSE Regulation have the same meaning in these Regulations as they have for the purposes of the Community TSE Regulation.
Appointment of competent authority
3
The Secretary of State is the competent authority for the purposes of the Community TSE Regulation except as otherwise specified in these Regulations.
Exception for research
4
1
The provisions of Schedules 2 to 6 do not apply in relation to animals kept for the purposes of research in premises approved for that purpose under this regulation by the Secretary of State.
2
If a bovine animal, sheep or goat kept in approved research premises or its progeny dies or is killed, the occupier must dispose of it as a Category 1 animal by-product in accordance with Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption , and failure to do so is an offence.
PART 2
Introduction of Schedules
TSE monitoring
5
Schedule 2 (TSE monitoring) has effect.
Control and eradication of TSE in bovine animals
6
Schedule 3 (control and eradication of TSE in bovine animals) has effect.
Control and eradication of TSE in sheep and goats
7
Schedule 4 (control and eradication of TSE in sheep and goats) has effect.
Feedingstuffs
8
Schedule 5 (feedingstuffs) has effect.
Specified risk material, mechanically recovered meat and slaughtering techniques
9
Schedule 6 (specified risk material, mechanically recovered meat and slaughtering techniques) has effect.
PART 3
Administration and enforcement
Approvals, authorisations, licences and registrations
10
1
The Secretary of State shall grant an approval, authorisation, licence or registration under these Regulations if she is satisfied that the provisions of the Community TSE Regulation and these Regulations will be complied with.
2
It must be in writing, and must specify —
a
the address of the premises;
b
the name of the occupier; and
c
the purpose for which it is granted.
3
It may be made subject to such conditions as are necessary to —
a
ensure that the provisions of the Community TSE Regulation and these Regulations will be complied with; or
b
protect public or animal health.
4
If the Secretary of State refuses to grant an approval, authorisation, licence or registration, or grants one subject to conditions, she must —
a
give her reasons in writing; and
b
explain the right of the applicant to make written representations to a person appointed by the Secretary of State.
5
The appeals procedure in regulation 14 then applies.
Occupier’s duty
11
The occupier of any premises approved, authorised, licensed or registered under these Regulations commits an offence if he does not ensure that —
a
the premises are maintained and operated in accordance with —
i
any condition of the approval, authorisation, licence or registration; and
ii
the requirements of the Community TSE Regulation and these Regulations; and
b
any person employed by him, and any person permitted to enter the premises, complies with those conditions and requirements.
Suspension and amendment
12
1
The Secretary of State may suspend or amend an approval, authorisation, licence or registration granted under these Regulations if —
a
any of the conditions under which it was granted are not fulfilled; or
b
she is satisfied that the provisions of the Community TSE Regulation or of these Regulations are not being complied with.
2
A suspension or amendment shall —
a
have immediate effect if the Secretary of State considers it necessary for the protection of public or animal health; and
b
otherwise shall not have effect for at least 21 days.
3
Notification of the suspension or amendment shall —
a
be in writing;
b
state when it comes into effect;
c
give the reasons; and
d
explain the right of the person who has been notified to make written representations to a person appointed by the Secretary of State.
4
The appeals procedure in regulation 14 then applies.
5
If the suspension or amendment does not have immediate effect and representations are made under regulation 14, it shall not have effect until the final determination by the Secretary of State unless she considers that it is necessary for the protection of public or animal health for the amendment or suspension to have effect before then.
Revocations of approvals, etc.
13
1
The Secretary of State may revoke an approval, authorisation, licence or registration granted under these Regulations if she is satisfied that the premises will not be operated in accordance with the Community TSE Regulation or these Regulations and if —
a
it is currently suspended and the period for appeal under regulation 14 has expired or she has upheld the suspension following such appeal;
b
she has previously suspended it and there is further non-compliance with the Community TSE Regulation or these Regulations; or
c
she is satisfied that the occupier no longer uses the premises for the purpose for which it was granted.
2
If the Secretary of State revokes under paragraph (1)(b) or (1)(c) the appeals procedure in regulation 14 applies but the revocation remains in force during that appeals procedure.
Appeals procedure
14
1
Where this regulation applies, a person may make written representations concerning a decision within 21 days of notification of the decision to a person appointed for the purpose by the Secretary of State.
2
The appointed person shall report in writing to the Secretary of State.
3
The Secretary of State shall give to the appellant written notification of her final determination and the reasons for it.
Valuations
15
1
This regulation applies when a valuation is necessary under these Regulations.
2
The President of the Royal Institution of Chartered Surveyors shall appoint a valuer, and both the owner and the Secretary of State must accept the nomination.
3
The valuer shall carry out the valuation and submit it and any other relevant information and documentation to the Secretary of State, and a copy to the owner.
4
Both the owner and a representative of the Secretary of State have the right to be present at a valuation.
5
The valuation is binding on both the owner and the Secretary of State.
Appointment of inspectors
16
The Secretary of State and the local authority shall appoint inspectors for the purposes of the enforcement of these Regulations except as specified in Schedule 6.
Powers of entry
17
1
An inspector shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours, to enter any premises (including any domestic premises if they are being used for any purpose in connection with the Community TSE Regulation and these Regulations) for the purpose of ensuring that the Community TSE Regulation and these Regulations are being complied with; and in this regulation “premises” includes any vehicle, container or structure (moveable or otherwise).
2
He may take with him —
a
such other persons as he considers necessary; and
b
any representative of the European Commission acting for the purpose of the enforcement of a Community obligation.
3
If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
Powers of inspectors
18
1
An inspector may —
a
seize any —
i
animal;
ii
body of an animal, and any parts of the body (including the blood and the hide) and any semen, embryo or ovum; or
iii
animal protein or feedingstuffs that may contain animal protein,
and dispose of them as necessary;
b
carry out any inquiries, investigations, examinations and tests;
c
collect, pen and inspect any animal and for this purpose may require the keeper of any such animal to arrange for the collection and penning of the animal;
d
inspect any body of an animal and any parts of the body (including the blood and the hide) and any semen, embryo or ovum;
e
inspect any part of the premises, any equipment, facility, operation or procedure;
f
take any samples;
g
have access to, and inspect and copy any records (in whatever form they are held) kept under the Community TSE Regulation and these Regulations, or remove such records to enable them to be copied;
h
have access to, inspect and check the operation of, any computer and any associated apparatus or material that is or has been in use in connection with any record; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require (including providing him with any necessary passwords) and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;
i
mark anything (including an animal) whether electronically or otherwise, for identification purposes; and
j
lock or seal any container or store.
2
Any person who defaces, obliterates, or removes any mark or seal, or removes any lock, applied under paragraph (1) is guilty of an offence.
3
An inspector is not personally liable for anything he does —
a
in the execution or purported execution of these Regulations; and
b
within the scope of his employment,
if he acted in the honest belief that his duty under these Regulations required or entitled him to do it; but this does not affect any liability of his employer.
Notices
19
1
If it is necessary for any reason connected with the enforcement of the Community TSE Regulation or these Regulations an inspector may serve a notice on —
a
the owner or keeper of any animal;
b
the person in possession of the body or any part of the body of an animal (including the blood and the hide) or any semen, embryo or ovum; or
c
the person in possession of any animal protein or feedingstuffs that may contain animal protein.
2
The notice must be in writing, and must give the reasons for it being served.
3
The notice may —
a
prohibit the movement of any animal on to or from the premises specified in the notice;
b
specify those parts of premises to which an animal may or may not be allowed access;
c
require the killing or slaughter of any animal;
d
prohibit or require the movement on to or from premises specified in the notice of the body or any part of the body (including the blood and the hide) of any animal, any animal protein or feedingstuffs that may contain animal protein, and any animal semen, embryo or ovum;
e
require the disposal of the body or any part of the body (including the blood and the hide) of any animal (whether or not it is one that was required to be detained), and any semen, embryo or ovum as may be specified in the notice;
f
require the disposal of any animal protein or feedingstuffs that may contain animal protein or specify how they are to be used; or
g
require the recall of any animal protein or feedingstuffs that may contain animal protein.
4
If an inspector suspects that any premises, vehicle or container to which the Community TSE Regulation or these Regulations apply constitutes a risk to animal or public health, he may serve a notice on the occupier or person in charge of the premises, vehicle or container requiring that person to cleanse and disinfect all or any part of the premises, vehicle or container and any associated equipment.
5
A notice may specify how it must be complied with, and specify time limits.
6
A notice must be complied with at the expense of the person on whom it is served, and if it is not complied with an inspector may arrange to have it complied with at that person’s expense.
7
Failure to comply with a notice is an offence.
Notices restricting movement
20
1
If a notice is served restricting movements, an inspector may subsequently permit movement on the authority of a licence.
2
The person transporting under the authority of a licence must carry the licence with him during movement, and produce it on demand to an inspector, and failure to do so is an offence.
Obstruction
21
A person is guilty of an offence if he —
a
intentionally obstructs an inspector acting under these Regulations;
b
without reasonable cause, fails to give to an inspector acting under these Regulations any assistance or information or to provide any facilities that the inspector may reasonably require him to give or provide for the performance of his functions under these Regulations;
c
gives false or misleading information to an inspector acting under these Regulations; or
d
fails to produce a record when required to do so by an inspector acting under these Regulations.
Penalties
22
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term of three months or both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
Offences by bodies corporate
23
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate; or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, is guilty of the offence.
2
For the purposes of paragraph (1), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Enforcement
24
1
The Secretary of State enforces Schedule 2 in slaughterhouses and cutting plants.
2
The Food Standards Agency enforces Schedule 6 in slaughterhouses and cutting plants.
3
Otherwise these Regulations are enforced by the local authority.
4
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on the local authority under this regulation shall be discharged by the Secretary of State and not by the local authority.
Revocations
25
The provisions in Schedule 7 are revoked.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
17th January 2006


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Bracknell Forest) Order 2006 and shall come into force on 3rd April 2006.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the borough of Bracknell Forest except —
a
the length of the A329 between the western boundary of the borough and the junctions between its on and off slip roads and the roundabout junction with the A322 (“the Twin Bridges roundabout”), including all roundabouts along that length;
b
the circular carriageway of the Twin Bridges roundabout between:
i
the slip road of that length of the A329 onto the roundabout and the slip road of the A322 onto the roundabout;
ii
the slip road of the A322 onto the roundabout and the slip road of the A3095 onto the roundabout; and
iii
the slip road of the A3095 onto the roundabout and the slip road of the A329 onto the roundabout;
c
the length of the A322 located east of its roundabout junction with the A329 and within the borough, including all roundabouts along that length;
d
the length of the A3095 from its roundabout junction with the A329 to its junction with the A321, including all roundabouts on that length, and the on and off slip roads connecting it with Ellesfield Avenue;
e
the length of the A321 from its junction with the A3095 to its roundabout junction with the A30, including all roundabouts along that length;
f
such parts of the roundabout located at the junction of the A321 and the A30 that are within the borough; and
g
the length of the A332 located north of its roundabout junction with the A322 and within the borough.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Karen Buck
Parliamentary Under Secretary of State
Department for Transport
7th March 2006


text:
Citation and commencement
1
These Regulations may be cited as the Management of Health and Safety at Work (Amendment) Regulations 2006 and shall come into force on 6th April 2006.
Amendment to Management of Health and Safety at Work Regulations 1999
2
For regulation 22 of the Management of Health and Safety at Work Regulations 1999 there shall be substituted the following regulation —
Restriction of civil liability for breach of statutory duty
22
1
Breach of a duty imposed on an employer by these Regulations shall not confer a right of action in any civil proceedings insofar as that duty applies for the protection of a third party.
2
Breach of a duty imposed on an employee by regulation 14 shall not confer a right of action in any civil proceedings insofar as that duty applies for the protection of a third party.
3
In this regulation, “third party”, in relation to the undertaking, means any person who may be affected by that undertaking other than the employer whose undertaking it is and persons in his employment.
.
Signed by the authority of the Secretary of State for Work and Pensions.
Philip Hunt
Parliamentary Under Secretary of State,
Department for Work and Pensions
23rd February 2006


text:
Citation
1
This Order may be cited as the St Anne’s RC Primary School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The St Anne’s RC Primary School, Derbyshire Lane, Stretford, Manchester, M32 8SH, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Roman Catholic.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
9th November 2006


text:
Citation
1
This Order may be cited as the Pensions Act 2004 (Codes of Practice) (Early Leavers, Late Payment of Contributions and Trustee Knowledge and Understanding) Appointed Day Order 2006.
Appointed day
2
The day appointed for the purposes of section 91(9) of the Pensions Act 2004 (procedure for issue and publication of codes of practice) for the coming into effect of —
a
the Pensions Regulator Code of Practice No. 4: Early leavers – reasonable periods;
b
the Pensions Regulator Code of Practice No. 5: Reporting late payment of contributions to occupational money purchase schemes;
c
the Pensions Regulator Code of Practice No. 6: Reporting late payment of contributions to personal pensions; and
d
the Pensions Regulator Code of Practice No. 7: Trustee knowledge and understanding ( TKU ),
is 30th May 2006.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
22nd May 2006


text:
Citation, commencement and extent
1
1
This Order may be cited as the Wireless Telegraphy (Limitation of Number of Concurrent Spectrum Access Licences) Order 2006 and shall come into force on 10th March 2006.
2
This Order shall not extend to the Channel Islands or to the Isle of Man.
Limitation of licences
2
1
OFCOM will grant a fixed number of wireless telegraphy licences for the use of the frequency band 1781.7 megahertz to 1785.0 megahertz and the frequency band 1876.7 megahertz to 1880.0 megahertz.
2
In determining the number of licences for the use of these frequency bands to be granted and the persons to whom the licences will be granted OFCOM shall apply the procedure set out in the Wireless Telegraphy (Licence Award) Regulations 2006 .
Stephen Carter
Chief Executive of the Office of Communications For and by authority of the Office of Communications
14th February 2006


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Gaming Machines) Order 2006 and comes into force on 1st November 2006.
Gaming machines
2
Section 23(6) of the Value Added Tax Act 1994 (gaming machines: interpretation) is amended as follows —
a
in the opening words, for “In this section — ” substitute “For the purposes of this section — ”;
b
in paragraph (a) (“gambling”), for sub-paragraphs (i) and (ii) substitute —
i
playing a game of chance for a prize, and
ii
betting,
;
c
in paragraph (e) (“real”), for “that Act” substitute “the Gambling Act 2005” ;
d
in paragraph (f) (“game of chance”), for “has such meaning as may be prescribed by the Treasury by order” substitute
includes —
i
a game that involves both an element of chance and an element of skill,
ii
a game that involves an element of chance that can be eliminated by superlative skill, and
iii
a game that is presented as involving an element of chance,
but does not include a sport,
;
e
insert at the end —
h
“prize”, in relation to a machine, does not include the opportunity to play the machine again,
i
a person plays a game of chance if he participates in a game of chance —
i
whether or not there are other participants in the game, and
ii
whether or not a computer generates images or data taken to represent the actions of other participants in the game.
.
Dave Watts
Kevin Brennan
Two of the Lords Commissioners of Her Majesty’s Treasury
9th October 2006