text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 2005 and shall come into force on 1st November 2005.
2
In these Regulations “the principal Regulations ” means the Social Fund Cold Weather Payments (General) Regulations 1988 .
Amendment of the principal Regulations
2
The principal Regulations are amended in accordance with regulations 3, 4 and 5.
Amendment of regulation 1 of the principal Regulations
3
In regulation 1 of the principal Regulations (citation, commencement and interpretation) —
a
in paragraph (2) —
i
in the definition of “claimant”, after “income support” add “, state pension credit or income-based jobseeker’s allowance” ,
ii
omit the definitions of “married couple”, “partner” and “unmarried couple” ,
iii
after the definition of “recorded period of cold weather”, insert ““state pension credit” has the meaning given by section 1(1) of the State Pension Credit Act 2002” ; and
b
omit paragraph (2A) .
Substitution of Schedule 1 to the principal Regulations
4
For Schedule 1 to the principal Regulations (identification of stations and postcode districts), substitute the Schedule set out in Schedule 1 to these Regulations.
Substitution of Schedule 2 to the principal Regulations
5
For Schedule 2 to the principal Regulations (specified alternative stations), substitute the Schedule set out in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
3rd October 2005


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Criminal Justice (Sentencing) (Programme and Electronic Monitoring Requirements) Order 2005 and shall come into force on 1st April 2005.
2
In this Order —
“the 2003 Act ” means the Criminal Justice Act 2003; and
“police area” has the meaning given by section 1 of the Police Act 1996 .
2
The body designated for the purposes of section 202 of the 2003 Act (programme requirement) shall continue to be the Correctional Services Accreditation Panel .
3
The description of person responsible for the monitoring under an electronic monitoring requirement for the purposes of section 215(3) of the 2003 Act (electronic monitoring requirement) —
a
in relation to such a condition imposed on an offender residing in a police area specified in Schedule 1 to this Order, is one employed by Premier Monitoring Services, PO Box 45, Norwich, NR3 1BF to monitor offenders; and
b
in relation to such a condition imposed on an offender residing in a police area specified in Schedule 2 to this Order, is one employed by Securicor Justice Services, Sutton Park, 15 Carshalton Road, Sutton, Surrey, SML 4LD to monitor offenders.
4
The Criminal Justice (Sentencing) (Programme and Electronic Monitoring Requirements) Order 2004 is hereby revoked.
Scotland of Asthal Q.C.
Minister of State
Home Office
24th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the M42 (Junctions 3A to 7) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2005 and shall come into force on 27th July 2005.
Interpretation
2
In these Regulations —
“the 1982 Regulations ” means the Motorways Traffic (England and Wales) Regulations 1982 ;
“the 2002 Regulations ” means the Traffic Signs Regulations 2002 ;
“carriageway”, “hard shoulder”, “motorway” and “verge” have the same meaning as in the 1982 Regulations; and
“relevant roads” means the lengths of motorway specified in the Schedule to these Regulations.
Modification of the 1982 Regulations in relation to relevant roads
3
1
In relation to the relevant roads, the 1982 Regulations shall have effect subject to the following modifications.
2
In regulation 3(1) —
a
after sub-paragraph (a) insert —
aa
“actively managed hard shoulder” means the hard shoulder of the relevant roads;
;
b
in sub paragraph (b) (i) after “the motorway” insert “and includes the actively managed hard shoulder when it is treated as a lane of the carriageway in accordance with regulation 5A;”;
c
after sub paragraph (c) insert —
ca
“emergency refuge area” means a part of a motorway —
i
which is adjacent to and situated on the left-hand or near-side of the hard shoulder or carriageway when facing in the direction in which, in accordance with regulation 6, vehicles may be driven, and
ii
whose boundary with the hard shoulder or carriageway is indicated by a marking of the type shown in diagram 1010 in Schedule 6 to the Traffic Signs Regulations 2002;
;
d
in sub paragraph (e) after “hard shoulder”, insert “subject to regulation 5A(3),”;
e
in sub paragraph (g), after “hard shoulder”, add “an emergency refuge area,”; and
f
after sub paragraph (f) insert —
aff
“relevant roads” has the meaning given by regulation 2 of the M42 (Junctions 3A to 7) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2005;
.
3
For regulation 4 substitute —
Application
4
These Regulations apply to the relevant roads.
4
After regulation 5 insert —
Use of actively managed hard shoulder
5A
1
Subject to the following provisions of these Regulations, a vehicle may be driven on a relevant length of the actively managed hard shoulder.
2
The relevant length of the actively managed hard shoulder shall be treated for the purposes of these Regulations as a lane of the carriageway.
3
Accordingly where paragraph (2) applies, references in these Regulations —
a
to a carriageway shall be treated as including references to the relevant length of the actively managed hard shoulder; and
b
to a hard shoulder, except in regulation 3(1), shall be treated as excluding references to the relevant length of the actively managed hard shoulder.
4
For the purposes of this regulation “relevant length” in relation to the actively managed hard shoulder means a length of the actively managed hard shoulder that —
a
begins immediately after an overhead gantry on which, directly above the actively managed hard shoulder, there is displayed a traffic sign of the type shown in diagram 670 in Schedule 2 to the Traffic Signs Regulations 2002 indicating that a speed limit other than the national speed limit applies to the actively managed hard shoulder; and
b
ends immediately before an overhead gantry on which directly above the actively managed hard shoulder there is displayed a traffic sign of the type shown in diagram 5003.1 in Schedule 10, or 6031.1 in Schedule 11, to the Traffic Sign Regulations 2002.
5
At the end of regulation 7(2) after “carriageway” insert “or on any emergency refuge area which is contiguous to that carriageway or hard shoulder”.
6
In regulations 7(3)(a) and (b), 9 and 14(b)(i), after “hard shoulder” (in each place), add “or emergency refuge area”.
7
In regulation 12(2), after “three or more traffic lanes” add “(including the actively managed hard shoulder when it is in use as a lane of the carriageway in accordance with regulation 5A).”
Speed limits on relevant roads
4
1
Subject to paragraph (3) where a motor vehicle being driven on any part of the relevant roads passes a speed limit sign no person shall during the relevant period, drive the vehicle on any part of the relevant roads at a speed exceeding the relevant speed.
2
For the purposes of this regulation, a vehicle shall not be regarded as passing a speed limit sign unless the sign is —
a
on or near any part of the relevant roads; and
b
directed at traffic on the carriageway on which the vehicle is being driven.
3
If —
a
a motor vehicle being driven on any part of the relevant roads passes a speed limit sign at a particular location; and
b
apart from this paragraph, the vehicle would be subject to a speed limit by virtue of this regulation, but would not have been subject to a speed limit by virtue of this regulation had it passed that location ten seconds earlier than was in fact the case,
the vehicle shall not be subject to any speed limit by virtue of this regulation until that vehicle again passes a speed limit sign.
4
In this regulation —
“national speed limit” has the meaning given by regulation 5(2) of the 2002 Regulations;
“relevant period” means the period that begins immediately after the vehicle passes the speed limit sign and ends immediately before one of the following events occurs, namely —
the vehicle passes a traffic sign which indicates that the national speed limit or any different maximum speed limit is in force; or
the vehicle goes outside the area comprising the relevant roads;
“relevant speed” means the maximum speed indicated by the speed limit sign at the time that the vehicle passes it, or, if higher, the maximum speed indicated by the speed limit sign ten seconds before that time; and
“speed limit sign” means a traffic sign of the type shown in diagram 670 in Schedule 2 to the 2002 Regulations which indicates that a specified maximum speed limit other than the national speed limit is in force.
Signed by authority of the Secretary of State for Transport
S. J. Ladyman
Minister for State,
Department for Transport
18th June 2005


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Commission for Social Care Inspection (Fees and Frequency of Inspections) (Amendment) Regulations 2005 and shall come into force on 1st April 2005.
2
These Regulations apply in relation to England only.
3
In these Regulations, “the principal Regulations ” means the Commission for Social Care Inspection (Fees and Frequency of Inspections) Regulations 2004 .
Amendment of regulation 3 of the principal Regulations
2
Regulation 3 of the principal Regulations (registration fees) is amended as follows —
a
in paragraph (1)(a), for “£1,584” substitute “£1,901”;
b
in paragraph (1)(b), for “£1,320” substitute “£1,584”;
c
in paragraph (2)(a), for “£432” substitute “£518”;
d
in paragraph (2)(b), for “£360” substitute “£432”;
e
in paragraph (3)(a), for “£432” substitute “£518”; and
f
in paragraph (3)(b), for “£360” substitute “£432”.
Amendment of regulation 4 of the principal Regulations
3
Regulation 4 of the principal Regulations (variation fees) is amended as follows —
a
in paragraph (1)(a), for “£792” substitute “£950”;
b
in paragraph (1)(b), for “£660” substitute “£792”;
c
in paragraph (2)(a), for “£432” substitute “£518”;
d
in paragraph (2)(b), for “£360” substitute “£432”;
e
in paragraph (3)(a), for “£72” substitute “£86”; and
f
in paragraph (3)(b), for “£60” substitute “£72”.
Amendment of regulation 5 of the principal Regulations
4
1
Regulation 5 of the principal Regulations (annual fees) is amended in accordance with the following paragraphs of this regulation.
2
In the Table —
a
in the entry relating to a care home —
i
in column (2), for “£216” substitute “£259”;
ii
in column (3), for “£72” substitute “£86”; and
iii
in column (4), for “£72” substitute “£86”;
b
in the entry relating to a children’s home —
i
in column (2), for “£720” substitute “£864”;
ii
in column (3), for “£72” substitute “£86”; and
iii
in column (4), for “£72” substitute “£86”;
c
in the entry relating to a fostering agency, in column (2), for “£1,440” substitute “£1,728”;
d
in the entry relating to a residential family centre —
i
in column (2), for “£480” substitute “£576”;
ii
in column (3), for “£60” substitute “£72”; and
iii
in column (4), for “£60” substitute “£72”;
e
in the entry relating to a domiciliary care agency, in column (2), for “£900” substitute “£1,080”;
f
in the entry relating to a nurses agency, in column (2), for “£600” substitute “£720”;
g
in the entry relating to a boarding school and residential college —
i
in column (2), for “£360” substitute “£432”;
ii
in column (3), for “£21.60” substitute “£26”; and
iii
in column (4), for “£10.80” substitute “£13”;
h
in the entry relating to a residential special school —
i
in column (1), for “£576” substitute “£691”;
ii
in column (2), for “£57.60” substitute “£69”; and
iii
in column (4), for “£28.80” substitute “£35”;
i
the entry entitled “(i) local authority fostering service” shall be omitted, and
j
in the entry relating to an adult placement scheme, in column (2), for “£1,440” substitute “£1,728”.
3
In paragraph (2), for “£144” substitute “£173”.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
8th March 2005


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Income Tax (Incentive Payments for Voluntary Electronic Communication of PAYE Returns) (Amendment) Regulations 2005 and shall come into force —
a
for the purposes of the amendments made —
i
by regulations 6(3)(b) and 6(5) to (7), and regulation 6(1) so far as it relates to those provisions, and
ii
by regulation 8,
on 19th March 2005; and
b
for all other purposes on 8th April 2005.
2
The amendments made by regulations the provisions listed in paragraph (1)(a) above shall have effect —
a
if the obligation to maintain a deductions working sheet under any of the provisions listed in paragraph (3) arises for the first time in relation to the year of assessment 2004-05 after the coming into force of these Regulations, in relation to any return delivered in respect of that year; and
b
except as provided by sub-paragraph (a), in relation to any return delivered in respect of the years of assessment 2005-06 to 2008-09.
3
The provisions referred to in paragraph (2)(a) are —
a
paragraph 6 of Schedule 4 to the Social Security (Contributions) Regulations 2001 ;
b
regulation 6(6) of the Working Tax Credit (Payment by Employers) Regulations 2002 ; and
c
regulation 66 of the Income Tax (Pay As You Earn) Regulations 2003 .
Amendment of the Income Tax (Incentive Payments for Voluntary Electronic Communication of PAYE Returns) Regulations 2003
2
The Income Tax (Incentive Payments for Voluntary Electronic Communication of PAYE Returns) Regulations 2003 shall be amended as follows.
3
1
Amend regulation 1 (citation, commencement and interpretation) as follows.
2
In paragraph (2) —
a
after the definition of “direction” insert —
“employee” has the meaning given in section 4 of ITEPA 2003 , and cognate expressions shall be construed accordingly;
;
b
after the definition of “incentive payment” insert —
“ITEPA 2003” means the Income Tax (Earnings and Pensions) Act 2003 ;
;
c
for the definition of “the PAYE Regulations ” substitute —
“the PAYE Regulations” means the Income Tax (Pay As You Earn) Regulations 2003;
.
3
In paragraph (3), in the sentence beginning “A person is treated”, in sub-paragraph (a) for “or by regulation 6(6)” substitute “, paragraph 6 of Schedule 4 to the Social Security (Contributions) Regulations 2001, or by regulation 6(6)”.
4
1
Amend regulation 2 (construction of references to numbers of employees) as follows.
2
In paragraph (1) —
a
for “regulation 3” substitute “regulation 98”;
b
in sub-paragraph (a) for “paragraph (6) of that regulation” substitute “regulation 99 of those Regulations”
c
in sub-paragraph (b) for “that paragraph” substitute “that regulation”.
3
In paragraph (2) for “regulation 3(1)” substitute “regulation 98”.
5
1
Amend regulation 3 (scope) as follows.
2
In paragraph (1) for “regulation 43” substitute “regulation 73”.
6
1
Amend regulation 4 (incentive payment — return under regulation 43 of the PAYE Regulations ) as follows.
2
In the heading for “regulation 43” substitute “regulation 73”.
3
In paragraph (1) —
a
in sub-paragraph (a) for “regulation 43” substitute “regulation 73”
b
for “the following qualification” substitute “paragraphs (2) and (2A)”.
4
In paragraph (2) for “regulation 102(2)” substitute “regulation 141”.
5
After paragraph (2) insert —
2A
An incentive payment shall not be made where a small employer —
a
has been established,
b
employs employees, or
c
makes payments of PAYE income (within the meaning of section 683 of ITEPA 2003),
wholly or mainly for an impermissible purpose.
2B
For the purpose of paragraph (2A) —
a
a small employer is “established” where —
i
persons enter into partnership, within the meaning of section 4 of the Partnership Act 1894 , in accordance with the principles set out in section 2 of that Act,
ii
a limited partnership is registered in accordance with the Limited Partnerships Act 1907 ,
iii
a limited liability partnership is incorporated in accordance with section 2 of the Limited Liability Partnerships Act 2000 or section 2 of the Limited Liability Partnerships Act (Northern Ireland) 2002 ,
iv
a company is incorporated under section 1 of the Companies Act 1985 or article 12 of the Companies (Northern Ireland) Order 1986 , or
v
an unincorporated association, or a body corporate, not falling within the previous paragraphs, is created,
and it is intended at the time of incorporation, formation or creation that it should be a small employer;
b
a small employer is established for an impermissible purpose if it is established for the purpose of —
i
obtaining an advantage in relation to income tax, corporation tax or national insurance contributions;
ii
obtaining an incentive under these Regulations; or
iii
avoiding an obligation to file a return by means of electronic communications under any enactment relating to income tax, corporation tax or national insurance.
2C
For the purposes of paragraph (2B)(b)(i) “advantage” —
a
in relation to income tax and corporation tax, has the meaning given by section 318 of the Finance Act 2004 (interpretation for the purposes of Part 7: tax avoidance schemes); and
b
in relation to national insurance, has the meaning which would be given by that section were national insurance a tax to which it applied.
.
6
After paragraph (3) insert —
3A
If an officer of the Board considers that, by virtue of paragraph (2A), a person will not be entitled to an incentive payment for a year of assessment, he may give notice to that effect to that person.
.
7
In paragraph (4)(b) for “(2)” substitute “(2) or (2A)”.
7
After regulation 4 insert —
Descriptions of incentives
4A
1
Any incentive under these Regulations shall take the form of —
a
in the case of a person, from whom a sum of any of the descriptions mentioned in paragraph (3) has become due to the Board, a reduction in the person’s liability for that sum;
b
in the case of a person in respect of whom an account is maintained by the Board, not falling within sub-paragraph (a), a credit to that account; or
c
in any other case, or at the request of a person who would be entitled to a credit to his account as mentioned in sub-paragraph (b), a payment by the Board.
2
Where the amount of an incentive due to a person falling within paragraph (1)(a) exceeds the amount of his liability, the excess shall be credited to any account maintained in respect of that person by the Board, or, if that person so requests, paid to him by the Board
3
The sums referred to in paragraph (1) are those which a person is liable to pay to a collector of inland revenue in pursuance of an obligation as an employer, contractor or a sub-contractor.
4
If an incentive is given as mentioned in paragraph (1)(a) or (b) an officer of the Board shall notify the person entitled to the incentive of the form it has taken.
.
8
1
Amend regulation 6 (appeals) as follows.
2
In paragraph (1) —
a
after “An appeal lies” insert “, subject to paragraph (1A)”;
b
for “regulation 4(4)” substitute “regulation 4(3A) or (4)”; and
c
in sub-paragraph (a) after “notice” insert “in writing”.
3
After paragraph (1) insert the following paragraph —
1A
A person may not appeal against a decision under regulation 4(4)(b) where he has already appealed unsuccessfully against a notice given under regulation 4(3A) in respect of the same year of assessment.
.
4
In paragraph (2) —
a
for “regulation 4(4)” substitute “regulation 4(3A) or (4)”; and
b
in sub-paragraph (b) for “regulation 4(2)” substitute “regulation 4(2) or (2A)”.
Ann Chant
Helen Ghosh
Two of the Commissioners of Inland Revenue
18th March 2005


text:
Citation, commencement and interpretation
1
1
This order may be cited as the Non-Contentious Probate Fees (London Terrorist Bombings) Order 2005 and shall come into force on 29 th December 2005.
2
In this Order “the 2004 Order” means the Non-Contentious Probate Fees Order 2004 .
Remission of Fees
2
Notwithstanding the provisions of Article 4 of the 2004 Order, where it appears to the Lord Chancellor that an application for a grant is in respect of —
a
a death occurring as a result of another person’s detonation of a bomb in London on 7 th July 2005, or
b
a death occurring as a result of action taken in a police operation following another person’s attempted detonation of a bomb in London on 21 st July 2005,
he shall remit any fee prescribed by the 2004 Order.
Transitional Provision
3
Where —
a
a fee has been paid under the 2004 Order after 7 th July 2005 but before 29 th December 2005 and
b
if this Order had been in force when the fee was paid, the Lord Chancellor would have remitted the fee,
the fee shall be refunded.
Falconer of Thoroton, C
Lord Chancellor
Department for Constitutional Affairs
Date 23rd November 2005
Gillian Merron
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
Date 2nd December 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Dental Charges) Regulations 2005 and shall come into force on 1st April 2006.
2
These Regulations apply in relation to England.
Interpretation
2
1
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“bridge” means a fixed or a removable bridge which takes the place of any teeth;
“course of treatment” means —
an examination of a patient, an assessment of his oral health, and the planning of any treatment to be provided to that patient as a result of that examination and assessment, and
the provision of any planned treatment (including any treatment planned at a time other than at the time of the initial examination) to that patient up to the date on which —
each and every component of the planned treatment has been provided to the patient, or
the patient either voluntarily withdraws from, or is withdrawn by the provider from, treatment,
by one or more providers of relevant primary dental services;
“dental appliance” means a denture or bridge and for the purposes of this definition, a denture includes an obturator;
“Dental Charges Regulations 1989” means the National Health Service (Dental Charges) Regulations 1989 ;
“dental public health services” means services provided under section 16CB(4)(c) of the Act;
“General Dental Services Regulations 1992” means the National Health Service (General Dental Services) Regulations 1992 ;
“orthodontic appliance” means a device used in the mouth to move or immobilise the teeth in order to correct or prevent malocclusion;
“orthodontic treatment” means treatment of, or treatment to prevent, malocclusion of the teeth and jaws, and irregularities of the teeth;
“patient” includes (when the context requires) a person who pays or undertakes to pay a charge on behalf of a person to whom a dental appliance is supplied or to whom some other relevant primary dental service is provided;
“patient record” means a form supplied by a Primary Care Trust for the purpose of maintaining a record of treatment, and may include an electronic form;
“prison” includes a young offender institution but not a secure training centre or a naval, military or air force prison, and for the purposes of this definition —
“secure training centre” means a place in which offenders subject to detention and training orders under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders) may be detained and given training and education and prepared for their release, and
“young offender institution” means a place for the detention of offenders sentenced to detention in a young offender institution or to detention in a young offender institution as part of a longer custodial sentence, including custody for life;
“prisoner” means a person who is detained in a prison in which medical, dental, ophthalmic, pharmaceutical or nursing services are provided under the Act by, or under arrangements made by, a Primary Care Trust otherwise than by virtue of section 18A(5) of the Act (provision of services etc );
“relevant primary dental services” means dental treatment (including urgent treatment and orthodontic treatment) provided and dental appliances and orthodontic appliances supplied —
under section 16CA(2) of the Act (dental services provided by a Primary Care Trust or Local Health Board);
under a general dental services contract; or
in accordance with arrangements under section 28C of the Act (personal medical and dental services);
“relevant Primary Care Trust” means in relation to a person providing relevant primary dental services —
where a Primary Care Trust is a party to a general dental services contract or an agreement under section 28C of the Act (personal medical or dental services) for the provision of relevant primary dental services with that person, that Primary Care Trust;
where a Primary Care Trust is providing relevant primary dental services itself under section 16CA(2) of the Act (dental services provided by a Primary Care Trust or Local Health Board) or pursuant to an agreement under section 28C of the Act (personal medical or dental services), that Primary Care Trust;
where an NHS trust or NHS foundation trust is providing relevant primary dental services pursuant to an agreement under section 28C of the Act (personal medical or dental services) for the provision of relevant primary dental services, the Primary Care Trust in whose area all or most of the hospitals, establishments and facilities of the NHS trust or NHS foundation trust are situated; or
where a Primary Care Trust, NHS trust or NHS foundation trust supplies dental appliances under the Act otherwise than as part of relevant primary dental services, that Primary Care Trust or the Primary Care Trust in whose area all or most of the hospitals, establishments and facilities of the NHS trust or NHS foundation trust are situated;
“restoration” means a filling, root filling, inlay, porcelain veneer or crown;
“trauma” means damage to teeth, gingival tissues or alveoli caused by a force arising outside the mouth, resulting in mobility, luxation, subluxation or fracture of the hard tissues or injury to the soft tissues;
“treatment” means all proper and necessary dental treatment which a provider of relevant primary dental services usually undertakes for a patient and which the patient is willing to undergo, including examination, diagnosis, advice on and planning of treatment, preventive care and treatment, periodontal treatment, conservative treatment, surgical treatment, the supply and repair of dental appliances and orthodontic appliances, orthodontic treatment, the taking of radiographs, the provision of sedation in connection with such treatment, the supply of listed drugs and the issue of prescriptions whether or not provided on referral to the provider of relevant primary dental services;
“urgent treatment” means one or more of the treatments listed in Schedule 4 that are provided to a person in circumstances where —
prompt care and treatment is provided because, in the opinion of the dental practitioner, that person’s oral health is likely to deteriorate significantly, or the person is in severe pain by reason of his oral condition; and
care and treatment is provided only to the extent that is necessary to prevent that significant deterioration or address that severe pain,
and “urgent course of treatment” shall be construed accordingly;
2
A reference to the Secretary of State includes a reference to a Special Health Authority or Primary Care Trust exercising functions on her behalf.
Charges for the provision of dental services
3
1
Subject to paragraph (2) below, a charge of the amount provided for in, and calculated in accordance with, regulation 4 may be made and recovered in respect of —
a
the provision of relevant primary dental services; and
b
the supply of dental appliances under the Act otherwise than as part of relevant primary dental services.
2
No charge shall be made and recovered under paragraph (1) in respect of —
a
a supply under the Act, otherwise than as part of relevant primary dental services, of dental appliances to a person who has undergone operative procedures affecting the mandible, the maxilla or the soft tissues of the mouth as part of treatment for invasive tumours;
b
a prisoner;
c
the provision of dental public health services;
d
the removal of sutures; or
e
the examination and assessment of a patient leading to —
i
the issue of a prescription,
ii
the repair of a dental appliance,
iii
the arrest of bleeding, or
iv
the removal of sutures,
if, at the same time, no other treatment listed in Schedule 1, 2 or 4 is provided and no dental appliances listed in Schedule 3 are supplied.
Calculation of charges
4
1
Subject to paragraph (6), a Band 1 charge, that is to say a charge of £15.50, may be made and recovered in respect of any course of treatment, the entirety of the components of which are set out in Schedule 1, provided as part of relevant primary dental services.
2
Subject to paragraph (6), a Band 2 charge, that is to say a charge of £42.40, may be made and recovered in respect of any course of treatment, one or more of the components of which are set out in Schedule 2, provided as part of relevant primary dental services, irrespective of whether the remainder of the components of the course of treatment are set out in Schedule 1.
3
Subject to paragraph (6), a Band 3 charge, that is to say a charge of £189.00 may be made and recovered in respect of any course of treatment, one or more of the components of which are set out in Schedule 3, provided as part of relevant primary dental services, irrespective of whether the remainder of the components of the course of treatment are set out in Schedule 1 or 2.
4
A Band 3 charge, that is to say a charge of £189.00, may be made and recovered in respect of dental appliances supplied under the Act otherwise than as part of relevant primary dental services.
5
A Band 1 charge, that is to say a charge of £15.50, may be made and recovered in respect of any urgent course of treatment, the entirety of the components of which are set out in Schedule 4, provided as part of relevant primary dental services.
6
For the purposes of paragraphs (1) to (3) and (5) above, only one charge may be made for any one course of treatment or urgent course of treatment provided, notwithstanding that a number of individual treatments may be provided or dental appliances or orthodontic appliances supplied during that course of treatment and a number of individual treatments may be provided during that urgent course of treatment.
7
Where —
a
during a course of treatment a patient voluntarily withdraws from, or is withdrawn by the provider from, treatment; and
b
at least one of the components of that course of treatment has not been completed,
the charge which may be made and recovered for that course of treatment is the charge which is payable under paragraphs (1) to (3) and (5) of this regulation for the components of the course of treatment which have been completed but not for any components which are incomplete.
8
Where a dental appliance, an orthodontic appliance or a type of dental treatment is not listed in one of Schedules 1 to 4, the Secretary of State shall determine into which of the Schedules that appliance or treatment should fall so that the charge for a course of treatment or urgent course of treatment, or the supply of a dental appliance under the Act otherwise than as part of relevant primary dental services, can be determined in accordance with paragraphs (1) to (5) above.
Effect of referral to another provider of dental services on the calculation of charges
5
Where a patient has commenced a course of treatment or urgent course of treatment with one provider of relevant primary dental services but is referred to —
a
an alternative provider of relevant primary dental services for part of the course of treatment or urgent course of treatment; or
b
a hospital or other service provider under Part 1 of the Act for the supply of a dental appliance as part of the course of treatment,
only one charge for the course of treatment or urgent course of treatment calculated in accordance with regulation 4 may be made and recovered from the patient.
Circumstances in which charges cannot be made for treatment that occurs after a course of treatment is completed
6
1
Subject to paragraphs (2) and (3), where a provider of relevant primary dental services has provided a restoration to a patient as part of a course of treatment or an urgent course of treatment for which the relevant charge calculated in accordance with regulation 4 has been made, or would have been made if the patient was not exempt from being charged, and within the relevant period that restoration has to be repaired or replaced to secure oral health, no charge may be made or recovered for the repair or replacement of the restoration.
2
Paragraph (1) shall not apply where —
a
within the relevant period, a person other than the provider of relevant primary dental services who carried out the original restoration has provided treatment on the tooth in respect of which the restoration was provided;
b
the patient was advised at the time of the restoration, and it was recorded on the patient record, that —
i
the restoration was intended to be temporary in nature, or
ii
a different form of restoration was more appropriate but, notwithstanding that advice, the patient insisted on the restoration that was provided; or
c
the repair or replacement is required as a result of trauma.
3
In this regulation, “the relevant period” means the 12 month period beginning on the date on which the restoration was provided and ceasing 12 months after that date.
4
Where a provider of relevant primary dental services has completed a course of treatment other than an urgent course of treatment but, within 2 months of that course of treatment being completed, the same provider determines that the patient requires further treatment which falls within the same or a lower charging band, calculated in accordance with paragraphs (1) to (4) of regulation 4, as the previous treatment and that further treatment is provided (whether or not within 2 months of that course of treatment being completed) by the same provider, no charge may be made or recovered in respect of that further treatment.
5
In paragraph (4), “completed” means the patient has been provided with each and every component of the course of treatment.
Conditions for exemption under the Act
7
1
It is a condition of the exemption under paragraph 1(1) of Schedule 12ZA to the Act in respect of the provision of relevant primary dental services or a supply of a dental appliance under the Act otherwise than as part of relevant primary dental services —
a
that a written declaration on a form provided for that purpose by the relevant Primary Care Trust shall be made to the effect that that person is, at the relevant date, within one of the specified categories; and
b
where the Secretary of State, an NHS trust, an NHS foundation trust or a Primary Care Trust so requires, that the specified evidence shall be supplied by or on behalf of that person.
2
In this regulation “the relevant date” means —
a
where a dental appliance is supplied under the Act otherwise than as part of relevant primary dental services, the date of the examination leading to the supply of the appliance; or
b
where relevant primary dental services are provided, the date of the initial examination and assessment leading to the provision of a course of treatment.
3
The declaration referred to in paragraph (1) shall be made by the person to whom the services are to be provided, except that where the request for services is made by another person on his behalf it shall be made instead by the person who requests the services.
4
Nothing in paragraph (1)(b) prevents the Secretary of State, an NHS trust, an NHS foundation trust or a Primary Care Trust from accepting evidence other than the specified evidence as establishing that a person is within one of the specified categories.
5
In this regulation “the specified categories” means the categories of person specified in column 1 of Schedule 5 and “the specified evidence”, in relation to any of those categories, means the evidence specified in relation to it in column (2) of that Schedule.
Making and recovery of charges
8
1
Where any charge is payable under regulation 4(4) in respect of the supply of a dental appliance under the Act otherwise than as part of relevant primary dental services, a Primary Care Trust, NHS trust or NHS foundation trust —
a
may, on arranging to supply it, make the appropriate charge;
b
may, on supplying it or having it available for supply, recover the appropriate charge from the patient (if it has not previously been paid); and
c
shall, on receiving a sum for payment (in full or in part) of the charge payable under these Regulations, give a receipt for it on —
i
a paper form provided for that purpose by the relevant Primary Care Trust; or
ii
an electronic form which identifies the person who supplied the dental appliance, the patient, the amount of the charge paid and the date on which it is paid.
2
A provider of relevant primary dental services, in providing relevant primary dental services for which a charge may be made under regulations 4(1) to (3) or (5) —
a
may, on arranging to provide a course of treatment or urgent course of treatment, make the appropriate charge;
b
shall require the patient to acknowledge, on the appropriate part of the form supplied for that purpose by the relevant Primary Care Trust, and before that form is sent to the Secretary of State, his obligation to pay a charge which is made;
c
may, on completing the course of treatment or urgent course of treatment, recover the charge from the patient (if it has not previously been paid);
d
shall, on receiving a sum for payment (in full or in part) of the charge payable under these Regulations, give a receipt for it on —
i
a paper form provided for that purpose by the relevant Primary Care Trust; or
ii
an electronic form which identifies the provider of the relevant primary dental services, the patient, the amount of the charge paid and the date on which it is paid.
3
Where a provider of relevant primary dental services has commenced a course of treatment or urgent course of treatment with regard to a patient and refers the patient to —
a
an alternative provider of relevant primary dental services for part of the course of treatment or urgent course of treatment; or
b
a hospital or other service provider under Part 1 of the Act for the supply of a dental appliance as part of that course of treatment,
only the original provider of the relevant primary dental services may make and recover the charge set out in regulation 4 and shall comply with sub-paragraphs (b) and (d) of paragraph (2) above.
4
Where a declaration has been made under regulation 7(1)(a), but the person about whom the declaration has been made is not at the relevant date within one of the specified categories, and in consequence of the declaration, a charge has not been recovered —
a
in respect of relevant primary dental services; or
b
in respect of a dental appliance supplied under the Act otherwise than as part of relevant primary dental services,
the Secretary of State may recover the charge from the person who made the declaration (whether or not the obligation to pay has been acknowledged).
5
In this regulation, “relevant date” and “the specified categories” have the same meaning as in regulation 7.
Remission and repayment of charges under other regulations
9
The charges which may be made and recovered by virtue of the preceding provisions of these Regulations are subject to the provisions of regulations made under section 83A of the Act providing for remission and repayment.
Repayment of charges
10
1
This regulation applies to any person who —
a
pays any charge for relevant primary dental services or the supply of a dental appliance under the Act otherwise than as part of relevant primary dental services, payable pursuant to section 79 of the Act; and
b
would, but for regulation 7, be exempt from the charge under paragraph 1(1) of Schedule 12ZA to the Act.
2
Subject to the following provisions of this regulation, any person to whom this regulation applies is entitled to have such a charge repaid.
3
Subject to paragraph (4), it is a condition of the entitlement to a repayment under this regulation that the person makes a claim to the Secretary of State for the repayment —
a
within —
i
three months after payment of the charge, or
ii
such further period as the Secretary of State may for good cause allow; and
b
in a manner approved by the Secretary of State for that purpose; and
c
supported by such evidence as the Secretary of State may reasonably require.
4
Subject to paragraph (5), where the person is unable for the time being to act, another person may make a claim on that person’s behalf.
5
The Secretary of State may refuse to accept a claim made by one person on behalf of another where, in the Secretary of State’s opinion —
a
the person on whose behalf the claim is made is able to act; or
b
the person making the claim is not a suitable person to act on behalf of that other person.
6
If satisfied that a person is entitled to repayment under this regulation, the Secretary of State shall cause a repayment to be made to that person in such manner as appears to the Secretary of State to be appropriate in the circumstances of the particular case.
Charges for replacement in the course of the provision of relevant primary dental services
11
1
Where a provider of relevant primary dental services replaces a dental appliance or orthodontic appliance supplied as part of those services and it is determined in accordance with Schedule 6 that the replacement is necessitated by —
a
an act or omission on the part of the person supplied; or
b
if the act or omission occurred when the person supplied was under 16 years of age, an act or omission of the person supplied or of the person having charge of him when the act or omission occurred,
the provider of relevant primary dental services may make and recover a charge from the relevant person.
2
The amount of the charge to be made and recovered under paragraph (1) is, subject to paragraph (3), 30% of the Band 3 charge (rounded down, where necessary, to the nearest whole ten pence) as set out in regulation 4(3).
3
If the Secretary of State considers —
a
that payment of the full amount of the charge under paragraph (1) would involve undue hardship to the relevant person; or
b
that the replacement, though necessitated by the relevant person’s act or omission, was not wholly necessitated by lack of reasonable care on his part,
she may determine that the charge shall not be payable, or that its amount shall be reduced.
4
In this regulation, “relevant person” means —
a
where paragraph (1)(b) applies, the person having charge of the person supplied when the act or omission occurred;
b
in any other case, the person supplied.
Reduction of remuneration and accounting for charges in relation to providers of relevant primary dental services
12
1
Subject to paragraphs (2) and (3), where a provider of relevant primary dental services has provided relevant primary dental services for which a charge is payable under these Regulations, the remuneration which would otherwise be payable by the relevant Primary Care Trust to that provider shall be reduced by the amount of that charge, irrespective of whether or not that charge has been recovered by the provider.
2
A dental practitioner remunerated by a Primary Care Trust providing relevant primary dental services under section 16CA (2) of the Act (dental services provided by a Primary Care Trust or Local Health Board) shall comply with the requirements in paragraphs (b) and (d) of regulation 8(2) and shall account for and pay to that Primary Care Trust, in such manner as it may require, the amount of any charges recovered from a patient under these Regulations.
3
A dental practitioner remunerated by a Primary Care Trust, NHS trust or NHS foundation trust providing relevant primary dental services pursuant to an agreement for relevant primary dental services made under section 28C of the Act (personal medical or dental services) shall comply with the requirements in paragraphs (b) and (d) of regulation 8(2) and shall account and pay to the body by which he is remunerated, in such manner as it may require, the amount of any charges recovered from a patient under these Regulations.
Transitional provisions
13
1
Subject to paragraphs (2) to (8) of this regulation, any charge which is payable under the Dental Charges Regulations 1989 prior to 1 April 2006 but which has not been made and recovered before that date, may be made and recovered in accordance with the provisions of those Regulations as though they remained in force.
2
Where a person, who is not otherwise exempt from paying a charge under these Regulations, as part of the provision of general dental services or services under a pilot scheme —
a
has been accepted by a dentist for care and treatment under a continuing care arrangement or for services under a pilot scheme;
b
is provided with a plan for treatment on a form supplied for that purpose by a Primary Care Trust —
i
in relation to a continuing care arrangement, pursuant to paragraph 4(1)(b) of Schedule 1 to the General Dental Services Regulations 1992, on or after 1 January 2006, or
ii
in relation to services under a pilot scheme, in accordance with the Secretary of State’s Directions to Health Authorities Concerning the Implementation of Pilot Schemes (Personal Dental Services) , on or after 1 January 2006;
c
has not been provided with all the treatment listed on that form prior to 1 April 2006; and
d
receives part of the treatment listed on that form on or after 1 April 2006,
a charge in accordance with paragraph (3) may be made and recovered for that treatment.
3
The charge which may be made and recovered from a person falling within paragraph (2) is the lower of the charges set out in sub-paragraphs (a) and (b) —
a
the charge for the treatment listed on the plan referred to in paragraph (2)(b), which has been provided to the patient, calculated in accordance with regulation 4 of the Dental Charges Regulations 1989; or
b
the charge for the treatment listed on the plan referred to in paragraph (2)(b), which has been provided to the patient, calculated in accordance with regulation 4 of these Regulations.
4
The calculation by the provider as to which of the charges referred to in paragraph (3) is the lower shall take place on —
a
the date on which the final treatment listed on the plan referred to in paragraph (2)(b) is provided; or
b
where a patient voluntarily withdraws from, or is withdrawn by the provider from, treatment before the final treatment listed on the plan referred to in paragraph (2)(b) has been provided, the date on which the withdrawal takes place.
5
Regulation 6(4) applies to a person falling within paragraph (2) and the 2 month period referred to in regulation 6(4) shall be deemed to run from —
a
the date on which the final treatment listed on the form referred to in paragraph (2)(b) is provided; or
b
where a patient voluntarily withdraws from, or is withdrawn by the provider from treatment, before the final treatment listed on the plan referred to in paragraph (2)(b) has been provided, the date on which the withdrawal takes place .
6
Where —
a
an arrangement has been made for a dental appliance to be supplied on or after 1 January 2006 otherwise than as part of general dental services or services under a pilot scheme; and
b
the dental appliance is not supplied prior to 1 April 2006,
the charge that may be made and recovered for the supply of that appliance is the lower of —
i
the charge for the supply of the appliance calculated in accordance with regulation 4 of the Dental Charges Regulations 1989, or
ii
the charge for the supply of the appliance calculated in accordance with regulation 4(4) of these Regulations.
7
Where a person, who is not otherwise exempt from paying a charge under these Regulations, as part of the provision of general dental services is provided with at least part of a course of occasional treatment within the meaning of paragraph 17 of Schedule 1 to the General Dental Services Regulations 1992 on or after 1 January 2006 but prior to 1 April 2006 where —
a
every treatment included in that course of occasional treatment is listed in Schedule 4 to these Regulations and therefore constitutes an urgent course of treatment under these Regulations;
b
not all treatment included in that course of occasional treatment has been provided prior to 1 April 2006; and
c
part of the course of occasional treatment is provided on or after 1 April 2006,
the charge that may be made and recovered for that treatment is the lower of —
i
the charge for the course of occasional treatment, which has been provided to the patient, calculated in accordance with regulation 4 of the Dental Charges Regulations 1989, or
ii
the charge for the urgent course of treatment, which has been provided to the patient, calculated in accordance with regulation 4 of these Regulations.
8
The calculation by the provider as to which of the charges referred to in paragraph (7) is lower shall take place on —
a
the date on which the final treatment in the course of occasional treatment referred to in paragraph (7) is provided; or
b
where a patient voluntarily withdraws from, or is withdrawn by the provider from treatment, before the final treatment in the course of occasional treatment has been provided, the date on which the withdrawal takes place.
9
Where a person who falls within paragraph (2), (6) or (7) has paid part or all of a charge prior to 1 April 2006 for treatment provided or appliances supplied and that charge is higher than the charge he is required to pay under paragraph (3), (6) or (7) respectively, he is entitled to have repaid to him the amount of the charge he has paid in excess of the charge he is required to pay.
10
The repayment to a person in accordance with paragraph (9) shall be made by the provider who has provided treatment or supplied dental appliances to that person under this regulation.
11
For the purposes of this regulation —
a
“continuing care arrangement” means an arrangement between the dentist and the patient whereby the dentist provides care and treatment in accordance with paragraph 4 of Schedule 1 to the General Dental Services Regulations 1992;
b
“dentist” means a registered dental practitioner;
c
“general dental services” has the meaning given in section 35(1A) of the Act;
d
“pilot scheme” means a pilot scheme under Part I of the National Health Service (Primary Care) Act 1997 .
Revocations
14
The Regulations listed in Schedule 7 are hereby revoked.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
19th December 2005


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005 and come into force on 1 st November 2005.
2
With the exception of regulation 9, which extends to England and Wales only, these Regulations extend to the whole of the United Kingdom.
Definitions
2
In these Regulations —
“organic compound” means any compound containing at least the element carbon and one or more of hydrogen, oxygen, sulphur, phosphorus, silicon, nitrogen, or a halogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates;
“relevant product” has the meaning given by regulation 3(1);
“volatile organic compound” ( VOC ) means any organic compound having an initial boiling point less than or equal to 250°C measured at a standard pressure of 101,3 kPa;
“VOC content” means the mass of volatile organic compounds, expressed in grams/litre (g/l), in the formulation of the product in its ready to use condition; the mass of volatile organic compounds in a given product which react chemically during drying to form part of the coating shall not be considered part of the VOC content.
Scope
3
1
Subject to paragraphs (2) and (3) below, these Regulations apply to the paints, varnishes, vehicle refinishing products and subcategories as defined in Schedule 1 to these Regulations (“the relevant products”).
2
These Regulations do not apply to relevant products that are to be used in a country or territory outside the customs territory of the European Community.
3
These Regulations shall not apply to products which are sold for exclusive use in an activity —
a
which is a SED (solvent emissions directive) Activity; and
b
carried out in a SED installation.
4
In this regulation —
“SED Activity” means any activity falling within —
section 7 of Part 1 of Schedule 1of the Pollution Prevention and Control (England and Wales) Regulations 2000 ;
the section in Chapter 7 of Part 1 of Schedule 1 of the Pollution Prevention and Control (Scotland) Regulations 2000 where operated above the solvent consumption thresholds specified for that activity as set out in that section of that Chapter; and
section 7 of Part 1 of Schedule 1of the Pollution Prevention and Control Regulations (Northern Ireland) 2003 ;
“SED installation” means —
a stationary technical unit where one or more SED activities are carried out; and
any other location on the same site where any other directly associated activities are carried out.
Limitations on marketing paints and varnishes and vehicle refinishing products
4
1
Subject to regulation 10, it shall not be lawful to place on the market any relevant product after the dates laid down for that product in Schedule 2 to these Regulations , unless that product —
a
has a VOC content not exceeding the limit value set out for that product in Schedule 2; and
b
carries a label in compliance with regulation 5.
2
In determining compliance with the VOC content limit values set out in Schedule 2, the analytical methods set out in Schedule 3 apply.
3
For relevant products to which solvents or other components containing solvents have to be added for the product to be ready for use, the limit values in Schedule 2 shall apply to the VOC content of the product in its ready for use condition.
Labelling
5
1
A label referred to in regulation 4(1)(b) must indicate —
a
the sub-category of the product and the relevant VOC limit values, measured in g/l, as set out in Schedule 2; and
b
the maximum content of VOC in g/l of the product in a ready to use condition.
2
Paragraph (1) is without prejudice to any requirement in any other enactment that requires a relevant product to be marked or labelled.
Designation of competent authority
6
1
The Secretary of State is designated as the competent authority for the purposes of Article 5 (responsibility for fulfilment of obligations) of the Directive.
2
In exercising her responsibilities under these Regulations, insofar as relevant responsibilities have been devolved to them the Secretary of State shall consult —
a
the Scottish Ministers;
b
the Welsh Assembly Government; and
c
the Northern Ireland Department of the Environment.
Monitoring and enforcement
7
1
The Secretary of State shall establish and maintain a programme of monitoring for the purpose of verifying compliance with these Regulations.
2
Subject to paragraph (3) the Secretary of State shall enforce these Regulations.
3
Nothing in paragraph (2) above authorises the Secretary of State to prosecute for an offence under these Regulations in Scotland.
4
The Secretary of State may delegate any or all of her functions under this regulation and may make such delegation to such extent (including geographical extent), and subject to such conditions, as she may determine.
5
After making any delegation under paragraph (4), the Secretary of State shall forthwith give notice of the delegation, including its extent and where further details, including any conditions which the delegation is subject to, can be obtained, as follows —
a
for a delegation affecting England, Wales, or both, in the London Gazette;
b
for a delegation affecting Scotland, in the Edinburgh Gazette;
c
for a delegation affecting Northern Ireland, in the Belfast Gazette.
6
The enforcement provisions in relation to Northern Ireland are set out in Schedule 4 .
Offences
8
1
It shall be an offence to contravene regulation 4(1).
2
Where an offence under paragraph (1) above, which has been committed by a body corporate, 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 director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be liable to prosecution.
3
Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
Where an offence under paragraph (1) has been committed by a Scottish Partnership and has been committed with the consent or connivance of, or is attributable to the neglect of, a partner or a person who was purporting to act as such, that person as well as the partnership is guilty of the offence.
5
Where a person charged with an offence under this regulation claims that the product was produced before the appropriate date in Schedule 2, it is for that person to prove that the product was produced before that date and had not been placed on the market for more than 12 months following the appropriate date applicable to that product.
6
The maximum penalty on conviction for an offence under paragraph (1) shall be —
a
on summary conviction, a fine not exceeding the statutory maximum; or
b
on conviction on indictment, a fine.
Amendment to the Pollution Prevention and Control (England and Wales) Regulations 2000
9
The definition of “vehicle refinishing” in paragraph (2) of Section 7 (SED Activities) of Part 1 of Schedule 1 (Activities, Installations and Mobile Plant) to the Pollution Prevention and Control (England and Wales) Regulations 2000 shall be amended as respects England and Wales by deleting sub-paragraph (a) (the coating of road vehicles).
Transitional provisions
10
Any relevant product which —
a
does not meet the VOC limits required by Schedule 2; and
b
was produced before the dates specified in Schedule 2,
may be placed on the market for a period of 12 months following the dates applicable to that product in Schedule 2.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
9th October 2005


text:
Citation and commencement
1
This Order may be cited as the Data Protection (Subject Access Modification) (Social Work) (Amendment) Order 2005 and comes into force on 7th March 2005.
Interpretation
2
In this Order, “the 2000 Order ” means the Data Protection (Subject Access Modification) (Social Work) Order 2000 .
Amendments to article 5 of the 2000 Order
3
1
Article 5 of the 2000 Order is amended in accordance with this article.
2
In article 5(2)(a), for “or (o)”, substitute “, (o), (r), (s) or (t)”.
Amendments to article 7 of the 2000 Order
4
In article 7(2) of the 2000 Order —
1
for “After section 7(11) of the Act insert-”, substitute “In relation to data to which this Order applies by virtue of paragraph 1 of the Schedule, section 7 shall have effect as if after subsection (11) there were inserted-” and
2
in paragraph (a) of subsection (12) of section 7 of the Act as modified, for “1(p) or (q)” substitute “1(p), (q), (r), (s) or (t)”.
Amendments to the Schedule to the 2000 Order
5
1
The Schedule to the 2000 Order is amended in accordance with this article.
2
In paragraph 1(p) , for “section 41 of the Children Act 1989”, substitute “rule 4.10 of the Family Proceedings Rules 1991 or rule 10 of the Family Proceedings Courts (Children Act 1989) Rules 1991”.
3
After paragraph 1(q), insert the following new sub-paragraphs —
r
data processed by any officer of the Children and Family Court Advisory and Support Service for the purpose of his functions under section 7 of the Children Act 1989 , rules 4.11 and 4.11B of the Family Proceedings Rules 1991 , and rules 11 and 11B of the Family Proceedings Courts (Children Act 1989) Rules 1991 ;
s
data processed by any officer of the service appointed as guardian ad litem under rule 9.5(1) of the Family Proceedings Rules 1991 ;
t
data processed by the Children and Family Court Advisory and Support Service for the purpose of its functions under section 12(1) and (2) and section 13(1), (2) and (4) of the Criminal Justice and Court Services Act 2000 .
4
In paragraph 2 —
a
after “probation officer”, insert “, officer of the Children and Family Court Advisory and Support Service”, and
b
for “or the Children’s Hearings (Scotland) Rules 1996”, substitute “, the Children’s Hearings (Scotland) Rules 1996 or the Family Proceedings Rules 1991”.
Signed by authority of the Secretary of State
Cathy Ashton
Parliamentary Under Secretary of State
Department for Constitutional Affairs
Date 4th March 2005


text:
Citation commencement and interpretation
1
1
This Order may be cited as the Supply of Extended Warranties on Domestic Electrical Goods Order 2005.
2
This Order shall come into force on 6th April 2005.
3
In this Order —
“domestic electrical good” means a product designed to be connected to an electricity supply or powered by batteries and used for domestic purposes, but does not include watches, jewellery or fixed installations (other than integrated appliances);
“domestic electrical good cover” means cover which at least provides cover against the cost of repairing or replacing a domestic electrical good in the event of a breakdown and which may also provide additional cover against eventualities such as accidental damage, loss or theft and assistance in setting up and operating a domestic electrical good;
“extended warranty” means a contract for domestic electrical good cover entered into by a consumer for monetary consideration;
“further relevant information” means information indicating in general terms —
the relevant statutory rights of a consumer relating to the purchase of a domestic electrical good and where further information may be obtained in relation to such rights,
that extended warranties may be available from other persons,
that household insurance may be relevant to the purchase of a domestic electrical good,
that an extended warranty does not have to be purchased at the same time as a domestic electrical good,
any cancellation and termination rights pursuant to article 8,
the nature of the financial protection provided to a consumer who purchases an extended warranty offered by the supplier in the event of the provider going out of business, and
whether or not an extended warranty offered by the supplier will be terminated in the event of a claim being made;
“offer” includes an invitation to treat;
“provider” means the person who enters into a contract with a consumer for the provision of an extended warranty;
“supplier” means a person who offers to supply a consumer with an extended warranty, either directly or on behalf of a third party, at the same time as offering to supply a consumer with a domestic electrical good (to which that extended warranty relates) or immediately subsequent to the sale of a domestic electrical good (to which that extended warranty relates); and
“Tax” means Value Added Tax or Insurance Premium Tax.
4
For the purposes of articles 3 to 6, the price and duration of an extended warranty that is applicable to a range of domestic electrical goods shall be treated as displayed, advertised or published in close proximity to that range if the price and duration may be seen when looking at any of the domestic electrical goods in that range.
Scope of Order
2
Article 8 (cancellation and termination rights) shall not apply to the supply of extended warranties that are distance contracts to which the Directive 2002/65/ EC of the European Parliament and of the Council concerning the distance marketing of consumer financial services applies.
Obligation to display the price of an extended warranty, provide further relevant information and provide a written quotation: in store
3
1
Whenever a supplier displays the price of a domestic electrical good in store, the supplier shall —
a
subject to paragraph (2), display the price and duration of one applicable extended warranty adjacent to the price of the relevant domestic electrical good or, where the price and duration of that applicable extended warranty apply to a range of domestic electrical goods, in close proximity to that range, in a manner that —
i
is clear and legible; and
ii
makes clear that the purchase of an extended warranty is optional;
b
ensure that leaflets providing further relevant information are prominently displayed in a manner that ensures, so far as is reasonably possible, that they are likely to come to the attention of consumers, and that such leaflets are freely available to consumers;
c
subject to paragraph (3), provide a written quotation for an extended warranty in accordance with paragraph (4) —
i
upon request by a consumer if the request is made at the same time or immediately subsequent to the sale of the domestic electrical good to which the extended warranty relates; and
ii
in any case before a consumer purchases an extended warranty if that purchase is made at the same time or immediately subsequent to the sale of the domestic electrical good to which the extended warranty relates.
2
Paragraph (1)(a) shall not apply where the price of the domestic electrical good is displayed on —
a
a device used for ascertaining whether a domestic electrical good is in stock; or
b
an automated self-service machine used for purchasing a domestic electrical good.
3
Paragraph (1)(c) shall not apply where —
a
the price of an extended warranty is £20 (inclusive of Tax) or less; or
b
the extended warranty is purchased through an automated self-service machine.
4
The written quotation referred to in paragraph (1)(c) shall prominently state —
a
the price and duration of the extended warranty and the domestic electrical good to which it relates;
b
that the extended warranty can be purchased at the price quoted in the written quotation for a period of 30 days (or more if that is the case) beginning with the day on which the written quotation is issued;
c
that extended warranties may be available from other persons;
d
that the extended warranty does not have to be purchased at the same time as the domestic electrical good to which it relates;
e
the consumer’s cancellation and termination rights pursuant to article 8; and
f
whether or not the extended warranty will be terminated in the event of a claim being made.
5
In this article “in store” means in the retail premises from which domestic electrical goods and extended warranties are offered for sale.
Obligation to advertise the price of an extended warranty: newspaper advertisements and other printed publicity
4
1
Subject to paragraph (2), whenever a supplier advertises the price of a domestic electrical good in a newspaper advertisement or in other printed publicity, the supplier shall advertise the price and duration of one applicable extended warranty adjacent to the price of the relevant domestic electrical good or, where the price and duration of that applicable extended warranty apply to a range of domestic electrical goods, in close proximity to that range, in a manner that is clear and legible.
2
This article shall not apply in respect of newspaper advertisements and other printed publicity where the supplier has sold less than £10,000 (inclusive of Tax) of extended warranties in the previous business year.
3
In this article —
a
“business year” means a period of more than six months in respect of which the supplier publishes accounts or, if no such accounts have been published, prepares accounts;
b
“newspaper advertisement” includes an advertisement in a magazine or periodical; and
c
“printed publicity” includes promotional publications and posters.
Obligation to publish the price of an extended warranty and provide further relevant information: catalogues
5
1
Whenever a supplier publishes the price of a domestic electrical good in a catalogue the supplier shall —
a
publish the price and duration of one applicable extended warranty adjacent to the price of the relevant domestic electrical good or, where the price and duration of that applicable extended warranty apply to a range of domestic electrical goods, in close proximity to that range, in a manner that is clear and legible;
b
publish at the beginning of the catalogue, or where the catalogue is divided into sections, at the beginning of each section offering domestic electrical goods, a statement containing the following information–
i
that further relevant information relating to the purchase of extended warranties offered by the supplier can be found in the catalogue; and
ii
where in the catalogue such information can be found;
c
ensure that further relevant information is published in the catalogue.
2
In this article “catalogue” means a catalogue in printed form.
Obligation to publish the price of an extended warranty and provide further relevant information: websites
6
1
Whenever a supplier publishes the price of a domestic electrical good on his website the supplier shall —
a
subject to paragraph (2), publish the price and duration of one applicable extended warranty adjacent to the price of the relevant domestic electrical good or, where the price and duration of that applicable extended warranty apply to a range of domestic electrical goods, in close proximity to that range, in a manner that is clear and legible;
b
ensure there is a link on the home page of the website, and on each introductory page offering domestic electrical goods, directing consumers to further relevant information relating to the purchase of extended warranties offered by the supplier; and
c
ensure that further relevant information is published on his website.
2
Paragraph (1)(a) shall not apply if the price of a domestic electrical good is published on the website after the consumer has selected that domestic electrical good for purchase.
Written quotation offers to be kept open for 30 days
7
1
Whenever a supplier has provided a written quotation to a consumer pursuant to article 3(1)(c), it shall be unlawful during the relevant period for that supplier to supply (whether directly or on behalf of a third party) that consumer with an extended warranty specified in that quotation unless —
a
the consumer is permitted to purchase the extended warranty at the price quoted in the written quotation, or at a lower price;
b
the consumer is permitted to benefit from any discount or other incentive contingent on the purchase of the extended warranty, whether that discount or incentive relates to the extended warranty or to the domestic electrical good specified in the written quotation; and
c
the consumer has acknowledged in writing, prior to the purchase of the extended warranty, that he has received the written quotation.
2
In this article “the relevant period” means the period of 30 days beginning with the day on which the written quotation is issued.
Cancellation and termination rights
8
1
It shall be unlawful for a supplier to supply (whether directly or on behalf of a third party) a consumer with an extended warranty which has an initial duration of more than one year unless —
a
the consumer is permitted to cancel the extended warranty, by notice, within the period of 45 days beginning with day on which the extended warranty is purchased, and is permitted to obtain a full refund of the price paid where no claim has been made under the extended warranty;
b
subject to paragraph (2), the consumer is permitted to terminate the extended warranty, by notice, at any time after the expiration of the period referred to in paragraph (1)(a), regardless of whether a valid claim has been made under the extended warranty, and is permitted to obtain a pro rata refund of the price paid; and
c
subject to paragraph (3), the supplier gives notice in writing to a consumer who has purchased such an extended warranty, at least 20 days before the end of the period referred to in paragraph (1)(a), informing the consumer of the right to cancel or to terminate the extended warranty pursuant to paragraph (1)(a) or (b).
2
Paragraph (1)(b) shall not apply where the extended warranty terminates on the making of a claim.
3
Paragraph (1)(c) shall not apply where the price of the extended warranty is £20 (inclusive of Tax) or less.
4
The pro rata refund referred to in paragraph (1)(b) shall be calculated by reference to the remaining period of full unexpired months of cover provided by the extended warranty.
5
The supplier shall not take into account any discounts which were linked to the purchase of the domestic electrical good to which the extended warranty relates when providing a full refund or pro rata refund pursuant to paragraph (1)(a) or (b).
6
In paragraph (1)(a) and (b) —
a
“notice” means a notice given orally or in writing; and
b
“refund” does not include a refund in vouchers or credit notes unless payment or partial payment for the extended warranty was made in vouchers or credit notes and only to the extent of such payment.
Requirement to furnish information to the Office of Fair Trading
9
1
A supplier or provider shall, upon request by the Office of Fair Trading in writing, furnish the Office of Fair Trading with any information of the kind described in paragraph (2).
2
For the purposes of paragraph (1) the information is information which is necessary for monitoring compliance with this Order and which the supplier or provider (as the case may be) holds.
Directions by the Secretary of State as to compliance
10
1
The Secretary of State may give directions to a person specified in the directions, or to the holder for the time being of an office so specified in any company or association —
a
to take such steps within his competence as may be specified or described in the directions for the purposes of carrying out, or securing compliance with, this Order; or
b
to do or refrain from doing anything so specified or described which he might be required by this Order to do or refrain from doing.
2
In paragraph (1), “steps” includes steps to introduce and maintain arrangements to ensure that any person carries out or secures compliance with this Order.
3
The Secretary of State may vary or revoke any directions given under this article.
Gerry Sutcliffe,
Parliamentary Under Secretary of State for Employment Relations, Competition and Consumers
Department of Trade and Industry
11th January 2005


text:
Citation, Commencement and extent
1
This Order may be cited as the Regulatory Reform (Trading Stamps) Order 2005 and shall come into force on 6th April 2005.
2
This Order does not extend to Northern Ireland.
Repeal of the Trading Stamps Act 1964 and Amendment of Legislation to Make Provision for Trading Stamps
3
1
The Trading Stamps Act 1964 is repealed.
2
But section 10(1) of that Act continues to have effect for the purposes of the Consumer Transactions (Restrictions on Statements) Order 1976 .
4
In the Consumer Transactions (Restrictions on Statements) Order 1976 —
a
in the definition of “statutory rights” in article 2(1), for the words from “section 4(1)(c) of the Trading Stamps Act 1964” to the end of the definition, substitute —
sections 4, 9, 11D, or 11J of the Supply of Goods and Services Act 1982.
;
b
in article 3(a)(ii), for the words from “a warranty” to the end of the paragraph, substitute —
a term implied by sections 4, 9, 11D, or 11J of the Supply of Goods and Services Act 1982,
5
In the Supply of Goods and Services Act 1982 —
a
omit section 1(2)(c);
b
in section 6 —
i
in subsection (1), for the words “an excepted contract” substitute —
a hire-purchase agreement
;
ii
omit subsection (2); and
iii
in subsection (3), omit the words “(subject to subsection (2) above)”;
c
omit section 11A(2)(c);
d
in section 11G —
i
in subsection (1), for the words “an excepted contract” substitute —
a hire-purchase agreement
;
ii
omit subsection (2); and
iii
in subsection (3), omit the words “(subject to subsection (2) above)”; and
e
in section 18, repeal the definitions of “redemption” and “trading stamps”.
Consequential Provisions
6
The Schedule (which contains repeals and revocations) shall have effect.
Gerry Sutcliffe
Parliamentary Under-Secretary of State for Employment Relations, Consumers and Postal Services,
Department of Trade and Industry
17th March 2005