text:
Citation, commencement and application
1
1
These Rules may be cited as the Planning (National Security Directions and Appointed Representatives) (England) Rules 2006 and shall come into force on 7th June 2006.
2
These Rules apply in relation to England only.
Interpretation
2
1
In these Rules —
“affected person” means the person who will be prevented from hearing or inspecting closed evidence at a local inquiry if a direction is given;
“appointed representative” means a person appointed under —
section 321(5) or (6) of the principal Act;
paragraph 6A(1) or (2) of Schedule 3 to the Listed Buildings Act; or
paragraph 6A(1) or (2) of the Schedule to the Hazardous Substances Act;
“closed evidence” means evidence which is subject to a direction;
“direction” means a direction by the Secretary of State under —
section 321(3) of the principal Act;
paragraph 6(6) of Schedule 3 to the Listed Buildings Act; or
paragraph 6(6) of the Schedule to the Hazardous Substances Act;
“document” includes a photograph, map or plan;
“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 ;
“the Hazardous Substances Act” means the Planning (Hazardous Substances) Act 1990;
“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990;
“the parties” means —
the person making the request for a direction; and
the appointed representative;
“potentially closed evidence” means evidence in respect of which a request for a direction has been made;
“the principal Act” means the Town and Country Planning Act 1990; and
“written representations” includes supporting documents.
2
In these Rules, and in relation to the use of electronic communications for any purpose of these Rules which is capable of being effected electronically —
a
the expression “address” includes any number or address used for the purposes of such communications;
b
references to notices, representations or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.
3
Paragraphs (4) to (8) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Rules to give or send any statement, notice or other document to any other person (“the recipient”).
4
The requirement shall be taken to be fulfilled where the notice or other document transmitted by means of the electronic communication is —
a
capable of being accessed by the recipient;
b
legible in all material respects; and
c
sufficiently permanent to be used for subsequent reference.
5
In paragraph (4), “legible in all material respects” means that the information contained in the notice or other document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.
6
Where the electronic communication is received by the recipient outside the recipient’s business hours, it shall be taken to have been received on the next working day; and for this purpose “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.
7
A requirement in these Rules that any document should be in writing is fulfilled where that document meets the criteria in paragraph (4), and “written” and cognate expressions are to be construed accordingly.
8
A requirement in these Rules to send more than one copy of a statement or other document may be complied with by sending one copy only of the statement or other document in question.
Application of certain rules in particular cases
3
1
These Rules apply in a case where the Secretary of State is considering giving or has given a direction under any of the following provisions —
a
section 321(3) of the principal Act;
b
paragraph 6(6) of Schedule 3 to the Listed Buildings Act; or
c
paragraph 6(6) of the Schedule to the Hazardous Substances Act.
2
Rule 4 applies in relation to all appointed representatives.
3
Rules 5 to 14 apply in relation to a case where an appointed representative has been appointed under —
a
section 321(5) of the principal Act;
b
paragraph 6A(1) of Schedule 3 to the Listed Buildings Act; or
c
paragraph 6A(1) of the Schedule to the Hazardous Substances Act.
Functions of an appointed representative
4
1
The first function of an appointed representative is to represent the interests of the affected person by —
a
taking instructions from the affected person before receiving copies of potentially closed evidence;
b
making written representations as to whether a direction should be given; and
c
in respect of a hearing held in accordance with rule 10 —
i
dealing with preliminary matters;
ii
making submissions; and
iii
cross-examining witnesses.
2
The second function of an appointed representative is to represent the interests of the affected person by —
a
where the appointed representative has been appointed under —
i
section 321(6) of the principal Act;
ii
paragraph 6A(2) of Schedule 3 to the Listed Buildings Act; or
iii
paragraph 6A(2) of the Schedule to the Hazardous Substances Act,
taking instructions from the affected person before receiving copies of closed evidence;
b
dealing with preliminary matters in relation to closed evidence in respect of a local inquiry;
c
making submissions or cross-examining witnesses, in relation to closed evidence, at a local inquiry; and
d
attending site visits.
3
The third function of an appointed representative is to ensure that the copies of the closed evidence or potentially closed evidence are returned to the person who supplied it as soon as practicable after —
a
the Secretary of State has given notice under rule 14 that he does not intend to give a direction;
b
the local inquiry, to which the closed evidence relates, has ended; or
c
the Secretary of State has notified the appointed representative that no local inquiry, to which the closed evidence relates, will be held,
whichever is later.
4
The fourth function of an appointed representative is to make applications to the Court in relation to any of his other functions.
5
For the purposes of any of his functions, the appointed representative may discuss any matter relating to the closed evidence or potentially closed evidence with —
i
the person who supplied the closed or potentially closed evidence to the Secretary of State; or
ii
a person specified, or of any description specified, in the direction.
Acknowledgement of request for a direction
5
As soon as practicable after receiving a request for a direction the Secretary of State shall acknowledge receipt of it in writing.
Publicity
6
1
As soon as practicable after receiving a request for a direction it shall be publicised by the Secretary of State in the manner prescribed by this rule.
2
In the case of a request which relates to an application for planning permission for development which —
a
is an EIA application accompanied by an environmental statement;
b
does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated; or
c
would affect a right of way to which Part 3 of the Wildlife and Countryside Act 1981 (public rights of way) applies,
the request shall be publicised in the manner specified in paragraph (3).
3
A request falling within paragraph (2) (“a paragraph (2) request”) shall be publicised by giving notice —
a
by site display in at least one place on or near the land to which the application for planning permission relates for not less than 2 weeks; and
b
by local advertisement.
4
In the case of a request for a direction which is not a paragraph (2) request, if the proposed development to which the request relates is major development the request shall be publicised by giving notice —
a
by site display in at least one place on or near the land to which the application relates for not less than 2 weeks or by serving the notice on any adjoining owner or occupier; and
b
by local advertisement.
5
In a case to which neither paragraph (2) nor paragraph (4) applies, a request for a direction shall be publicised by giving notice —
a
by site display in at least one place on or near the land to which the application relates for not less than 2 weeks; or
b
by serving the notice on any adjoining owner or occupier.
6
A notice given under paragraphs (3), (4) or (5) shall —
a
state that a request for a direction has been made;
b
state that written representations as to whether a direction should be given can be made to the Secretary of State at the address specified in the notice; and
c
specify the date by which any such representations should be made to the Secretary of State (being a date not less than 2 weeks from the date when the notice is given).
7
Where the notice is, without any fault or intention of the Secretary of State, removed, obscured or defaced before the period of 2 weeks referred to in paragraph (3)(a), (4)(a)(i) or (5)(a) has elapsed, the Secretary of State shall be treated as having complied with the requirements of the relevant paragraph if he has taken reasonable steps for protection of the notice and, if need be, its replacement.
8
In this rule —
“adjoining owner or occupier” means any owner or occupier of any land adjoining the land to which the application relates;
“dwellinghouse” does not include a building containing one or more flats, or a flat contained within such a building;
“EIA application” has the meaning given in regulation 2 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 , and “environmental statement” means a statement which the applicant refers to as an environmental statement for the purposes of those Regulations;
“by local advertisement” means —
publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated; and
where the Secretary of State maintains a website for the purpose of advertisement of applications, by publication of the notice on the website;
“major development” means development involving any one or more of the following —
the winning and working of minerals or the use of land for mineral-working deposits;
waste development;
the provision of dwellinghouses where —
the number of dwellinghouses to be provided is 10 or more; or
the development is to be carried out on a site having an area of 0.5 hectare or more and it is not known whether the development falls within paragraph (c)(i);
the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; or
development carried out on a site having an area of 1 hectare or more;
“by site display” means by the posting of the notice by firm affixture to some object, sited and displayed in such manner as to be easily visible and legible by members of the public; and
“waste development” means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, treating, storing, processing or disposing of refuse or waste materials.
Information to be sent to the parties
7
1
As soon as practicable after notice of the request for a direction has been given in accordance with rule 6, the Secretary of State shall —
a
notify in writing the appointed representative of the date by which any written representations as to whether a direction should be given should be received by the Secretary of State (being a date not less than 6 weeks from the date when the notice to the appointed representative is given); and
b
at the same time, send a copy of the notice referred to in sub-paragraph (a) to the other party.
2
As soon as practicable after being notified by the appointed representative that he has taken instructions from the affected person, the Secretary of State shall send to the appointed representative —
a
a copy of the request for a direction; and
b
where the potentially closed evidence includes documentary evidence or a proof of evidence of a person who intends to give oral evidence, a copy of that evidence.
Written representations procedure
8
1
For the purposes of these Rules, the request for a direction comprises the written representations of the person making the request for a direction.
2
The Secretary of State shall, as soon as practicable after receipt, send —
a
a copy of any written representations made to him by the appointed representative to the other party; and
b
copies of any written representations made to him by persons pursuant to rule 6(6)(b) to the parties.
3
If either party makes any further representations, the Secretary of State shall, as soon as practicable after receipt, send a copy of the further representations to the other party.
4
The Secretary of State may proceed to a decision on a request for a direction taking into account only such representations as have been submitted within the relevant time limits.
5
In paragraph (4) “relevant time limits” means the time limits prescribed by rule 6(6)(c) and rule 7(1)(a) or, where the Secretary of State has exercised his power under rule 11, any later time limit.
Decision to hold a hearing and date of hearing
9
1
Where the Secretary of State considers that one or more matters relating to the request would be more satisfactorily resolved by holding a hearing attended by the parties, he shall give the parties written notice accordingly.
2
The date fixed by the Secretary of State for the holding of a hearing shall be not later than 6 weeks after the date of the notice referred to in paragraph (1).
3
Unless the Secretary of State agrees a lesser period of notice with the parties, he shall give to them not less than 2 weeks' written notice of the date, time and place fixed by him for the holding of the hearing.
4
The Secretary of State may vary the date fixed for the holding of the hearing, whether or not the date as varied is within the period of 6 weeks mentioned in paragraph (2); and paragraph (3) applies to a variation of a date as it applied to the date originally fixed.
5
The Secretary of State may vary the time or place for the holding of a hearing and shall give the parties such notice of any variation as appears to him to be reasonable.
Hearing procedure
10
1
Except as otherwise provided in these Rules, the Secretary of State shall determine the procedure at a hearing.
2
A hearing shall take the form of a discussion led by the Secretary of State and cross-examination shall be permitted if the Secretary of State considers it necessary to ensure a thorough examination of the main issues.
3
At the start of the hearing the Secretary of State shall identify what are, in his opinion, the main issues to be considered at the hearing and any matters on which he requires further explanation from the parties.
4
Nothing in paragraph (3) precludes the parties from referring to issues which they consider relevant to the consideration of the request for a direction but which were not issues identified by the Secretary of State pursuant to that paragraph.
5
The Secretary of State may —
a
proceed with a hearing in the absence of any party;
b
take into account any written representation or evidence or any other document received by him from any person before a hearing opens or during the hearing provided that he discloses it at the hearing; and
c
from time to time adjourn a hearing and, if the date, time and place of the adjourned hearing are announced at the hearing before the adjournment, no further notice is required.
6
When making his determination the Secretary of State may disregard any written representations, evidence or other document received after the end of the hearing.
Further time
11
The Secretary of State may at any time in any particular case allow further time for the taking of any step which is required or enabled to be taken by virtue of these Rules, and references in these Rules to a day by which, or a period within which, any step is required or enabled to be taken shall be construed accordingly.
Notices by post
12
Notices or documents required or authorised to be sent under these Rules may be sent or supplied —
a
by post; or
b
by using electronic communications to send or supply the notice or document (as the case may be) to a person at such an address as may be for the time being specified by the person for that purpose.
Withdrawal of consent to use of electronic communications
13
Where a person is no longer willing to accept the use of electronic communications for any purpose under these Rules which is capable of being effected electronically, the person shall give notice in writing —
a
withdrawing any address notified to the Secretary of State for that purpose; or
b
revoking any agreement entered into with the Secretary of State for that purpose,
and such withdrawal or revocation shall be final and shall take effect on a date specified by the person in the notice but not less than 7 days after the date on which the notice is given.
Notification of decision
14
1
As soon as practicable after determining whether or not to make a direction the Secretary of State shall notify his decision to any person who made representations to him in relation to the direction; but nothing in this paragraph requires or permits the Secretary of State to give reasons for his decision, where the giving of reasons would result in the public disclosure of closed evidence.
2
Where a direction is given the Secretary of State shall, at the same time as notifying his decision in accordance with paragraph (1), send a copy of the direction to the appointed representative and the person who requested the direction.
Signed by the Lord Chancellor
Falconer of Thoroton, C
Department for Constitutional Affairs
12th May 2006


type: legislation

jurisdiction: UK

text:
Introduction
Citation, commencement and effect
1
1
These Regulations may be cited as the Oil Taxation (Market Value of Oil) Regulations 2006, and shall come into force on the day after that on which they are made.
2
These Regulations have effect in relation to the first new period, within the meaning of section 147(4)(b) of FA 2006 (commencement and transitional provisions for amendments to Schedule 3 to OTA by section 146 of, and Schedule 18 to, FA 2006) and subsequent periods.
Interpretation
2
1
This paragraph gives the meaning of the abbreviated references used in these Regulations —
“FA 2006” means the Finance Act 2006;
“ ICTA ” means the Income and Corporation Taxes Act 1988 ; and
“OTA” means the Oil Taxation Act 1975.
2
This paragraph gives the meaning of other terms used in these Regulations —
“bank holiday” means a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 ;
“Category 1 oil” is oil of any of the kinds specified in regulation 3 ;
“relevantly appropriated” has the meaning given by section 12(1) of OTA .
3
A sale of oil is at arm’s length if (but only if) it satisfies paragraph 1 of Schedule 3 to OTA .
Category 1 oil
3
1
Category 1 oil is oil of any of the following kinds —
a
Brent blend;
b
Ekofisk blend;
c
Flotta blend;
d
Forties blend;
e
Statfjord oil.
2
In these Regulations —
“Brent blend” means the blend of crude oils landed at Sullom Voe in Shetland via either the Brent or Ninian pipeline systems;
“Ekofisk blend” means the blend of crude oils landed at the Teesside Oil Terminal at Seal Sands via the Norpipe pipeline;
“Flotta blend” means the blend of crude oils landed at the Flotta Oil Terminal in Orkney and originating from the Flotta catchment area;
“Forties blend” means the blend of crude oils landed at Cruden Bay, Aberdeenshire via the Forties pipeline system;
“Statfjord oil” means oil to which article 23 of the Agreement between Her Majesty’s Government of the United Kingdom and Northern Ireland and the Government of the Kingdom of Norway relating to the exploitation of the Statfjord Field Reservoirs signed at Oslo on 16th October 1979 applies.
Interpretation – reports and factors used in calculations
4
1
In these Regulations the terms defined in the following paragraphs, which relate to the way in which the market value of a Category 1 oil is determined, have the meanings given there.
2
“The relevant reports” means —
a
Argus Crude published by Argus Media Limited, whose registered office is Argus House, St. John Street London EC1V 4LW;
b
ICIS (the Independent Chemical Information Services’ World Crude Report), published by Reed Elsevier Group plc whose registered office is Quadrant House, The Quadrant, Sutton, Surrey, SM2 5AS; and
c
Platts Oilgram published by Platts, a division of the McGraw-Hill Companies, whose registered office is Two Penn Plaza, 25 th Floor, New York, N.Y. 10121-2298.
3
“The reference value” is the value quoted —
a
in the case of Argus Crude as “Dated BFO” in the section of the report entitled “Atlantic Basin Crudes, London 16.30 hours, North Sea”;
b
in the case of ICIS, as “Dated BFO” in the North Sea 3 rd Update; and
c
in the case of Platts Oilgram, as “Brent (DTD)” in the International section of the report.
4
“Adjustment factor” means the differential, upon the day in question, from the reference value —
a
found, in the case of Brent blend, in accordance with regulation 14 ;
b
for any other Category 1 oil, shown —
i
in the case of Argus Crude, in the report under “Atlantic Basin Crudes, London 16.30 hours North Sea”;
ii
in the case of ICIS, in North Sea 3 rd Update; and
iii
in the case of Platts Oilgram, as the assessment of the spread against forward dated Brent blend (described in the report as “spread vs fwd DTD Brent”).
Scope
General scope of these Regulations
5
These Regulations apply for the purpose of determining the market value of oil won from a field to which section 2(5)(b) or (c) of OTA applies and which is —
a
delivered, or relevantly appropriated, on or after 1st July 2006; or
b
held by a participator and not delivered at the end of a chargeable period.
Valuing Category 1 oil
General
6
The method of determining the market value of Category 1 oil to which these Regulations apply is as follows —
a
find the notional delivery day (see regulations 7 and 8);
b
find the average reference value for that day (see regulations 9 to 12);
c
add the adjustment factor (see regulations 13 to 15); and
d
find the total market value of the oil (see regulation 16).
The notional delivery day: the general rule
7
1
The general rule is that the notional delivery day is found in accordance with paragraph 1A of Schedule 3 to OTA (determination of market value: notional delivery day for a quantity of oil).
2
The general rule is subject to regulation 8.
The notional delivery day: additional rule
8
1
Paragraph (2) applies to a delivery of Category 1 oil by way of a sale otherwise than at arm’s length if —
a
during any period of 24 months, beginning on or after 1st July 2006, the total quantity of equity oil of that type disposed of by a participator and persons connected with him is not less than 4,000,000 barrels;
b
a lower price would fall to be taken into account in determining the participator’s gross profit under section 2(1) of OTA for the delivery from that which would have applied if it had been by way of a sale at arm’s length;
c
the reason for that lower price is because the notional delivery day is a day other than that on which the actual delivery takes place;
d
the whole or main benefit which might reasonably be expected to be obtained from a sale otherwise than at arm’s length, when compared with a sale at arm’s length, is a tax advantage within the meaning of section 709 of ICTA .
2
The notional delivery day is the day specified in paragraph (a) or (b) (as the case requires) of paragraph 1A(7) of Schedule 3 to OTA.
3
In this regulation —
“barrel” means a volume of 0.158987 cubic metres of oil; and
“equity oil” means oil forming part of the trading stock of a participator or a person connected with him which has been won by that participator or a person connected with him from a field in the United Kingdom sector of the North Sea.
4
Section 839 of ICTA (connected persons) applies for determining whether persons are connected for the purposes of this regulation.
The average reference value: notional delivery day one for which reference values available
9
1
If the notional delivery day is a day for which reference values are available find the daily average of the reference values from each of the three relevant reports for —
a
each of the two dates immediately preceding the notional delivery day;
b
the notional delivery day; and
c
each of the two dates immediately following notional delivery day.
2
If any of the relevant reports contains more than one reference value for any of these dates, the result for that report for that date is the arithmetical mean of those values.
3
Find the average of the daily averages found for each of the five days referred to in paragraph (1).
4
The result is the average reference value for the notional delivery day.
The average reference value: notional delivery day a Saturday, or a Bank Holiday which is not a Monday, and for which reference values not available
10
1
If the notional delivery day is not a day for which reference values are available but is a Saturday, or a bank holiday which is not a Monday, find the daily average of the reference values from each of the three relevant reports for —
a
each of the three business days immediately preceding the notional delivery day; and
b
each of the two business days immediately following the notional delivery day.
2
If any of the relevant reports contains more than one reference value for any of these dates, the result for that report for that date is the arithmetical mean of those values.
3
Find the average of the daily averages found for each of the five days referred to in paragraph (1).
4
The result is the average reference value for the notional delivery day.
The average reference value: notional delivery day a Sunday, or a Bank Holiday which is a Monday
11
1
If the notional delivery day is not a day for which reference values are available but is a Sunday, or a bank holiday which is a Monday, find the daily average of the reference values from each of the three relevant reports for —
a
each of the two business days immediately preceding the notional delivery day; and
b
each of the three business days immediately following the notional delivery day.
2
If any of the relevant reports contains more than one reference value for any of these dates, the result for that report for that date is the arithmetical mean of those values.
3
Find the average of the daily averages found for each of the five days referred to in paragraph (1).
4
The result is the average reference value for the notional delivery day.
The average reference value: additional provisions
12
1
If in respect of any of the days specified in a provision of regulation 9, 10 or 11 one or two of the relevant reports is not published, that provision has effect as if references to the relevant reports were to such of the relevant reports as are actually published in respect of that day.
2
If in respect of any of the days specified in a provision of regulation 9, 10 or 11 other than the notional delivery day, none of the relevant reports is published (“a non-publication day”), that provision has effect as if —
a
references to a day which is a non-publication day falling before the notional delivery day were to the day falling next before that day on which at least one of the relevant reports is published; and
b
references to a day which is a non-publication day falling after the notional delivery day were to the day falling next after that day on which at least one of the relevant reports is published.
3
If the application of the rule in paragraph (2) would lead to the reports for a day being taken into account more than once, a reference to the day falling next before, or after, the non-publication day shall be read as a reference to the first day falling next before or after (as the case may be) the non-publication day which would not otherwise be taken into account for the purposes of this regulation.
4
In cases where the date of completion of load or the date of the bill of lading is substituted for the notional delivery day under regulation 8 , references in this regulation to the notional delivery day are to be read as references to the day substituted under that regulation.
The adjustment factors — general
13
1
The adjustment factor applicable to the Category 1 oil in question must be added to the average reference value.
2
The adjustment factor is found —
a
in accordance with regulation 14 in the case of Brent blend; and
b
in accordance with regulation 15 in the case of other Category 1 oil.
Adjustment factor — Brent blend
14
1
The adjustment factor for Brent blend is found as follows.
2
Find the daily average of the differentials from the reference value quoted in the relevant reports for each of the days —
a
during the period which begins 21 days, and ends 14 days before the notional delivery day, and
b
in respect of which at least one such report is produced,
as follows.
3
Find the Argus Crude differential for a particular day by taking the value shown as the “Brent” assessment and subtracting from it the value shown as “Dated BFO” in that report.
4
Find the ICIS differential for a particular day by taking the value shown as the “Brent” assessment and subtracting from it the value shown as “Dated BFO” in that report.
5
Find the Platts differential for a particular day by taking the value for “Brent Assessment 10 — 21 days out” in Platts Crude Oil Marketwire and subtracting from it the value for “North Sea Dated Strip” in that report.
6
In this regulation “Platts Crude Oil Marketwire” means the report of that name published by Platts, a division of the McGraw-Hill Companies, whose registered office is Two Penn Plaza, 25 th Floor, New York, N.Y. 10121-2298.
7
If any of the reports referred to in this regulation contains more than one value for the relevant quote for any of these days, the result for that report for that day is the arithmetical mean of those values.
8
Find the average of the daily averages found in accordance with this regulation for each of the days specified in paragraph (2).
9
The result is the adjustment factor for Brent blend.
Adjustment factor — other Category 1 oil
15
1
The adjustment factor for a Category 1 oil other than Brent blend is found as follows.
2
Find the daily average of the differentials, from reference value, for the Category 1 oil in question quoted in the three relevant reports for each of the days —
a
during the period which begins 21 days, and ends 14 days before the notional delivery day, and
b
in respect of which at least one such report is produced.
3
If any of the relevant reports contains more than one value for the Category 1 oil in question for any of these days, the result for that report for that day is the arithmetical mean of those values.
4
Find the average of the daily averages found by paragraphs (2) and (3) for each of the days specified in paragraph (2).
5
The result is the adjustment factor for the relevant Category 1 oil.
The total market value of the oil
16
1
The total market value of a volume of Category 1 oil to which these Regulations apply is found as follows —
a
take the average reference value for the notional delivery day (see regulations 9 to 12);
b
add the adjustment factor applicable to the Category 1 oil in question (see regulations 13 to 15); and
c
multiply the sum found by sub-paragraph (b) by the volume of Category 1 oil in question.
2
The result is the total market value of the oil.
Valuing Category 2 oils
Market value: Category 2 oils
17
The market value of a quantity of Category 2 oil to which these Regulations apply is found by whichever of the methods in regulation 18 (method 1) or regulations 19 to 23 (method 2) would produce a sum which more closely reflects the price which would normally apply in a sale at arm’s length for a similar quantity of that oil on the notional delivery day (found in accordance with paragraph 1A of Schedule 3 to OTA), but subject to the special rules in regulation 24.
Method 1
18
The first method is to find the average unit price for actual sales at arm’s length of the relevant Category 2 oil under contracts meeting the conditions set out in paragraphs (a) to (e) of paragraph 2(2AA) of Schedule 3 to OTA .
Method 2: general
19
The second method is as follows —
a
find the relevant reference oils (“the marker crudes”) for the relevant Category 2 oil (see regulation 20);
b
find the average marker crude price quoted in respect of the relevant Category 2 oil (see regulation 21);
c
adjust the average marker crude price (see regulation 22);
d
find the total market value of the oil (see regulation 23).
Finding the relevant reference oils for the Category 2 oil in question
20
Ascertain which crude oils are normally used as marker crudes for the purposes of determining the market value of the relevant Category 2 oil under contracts at arm’s length.
Finding the average marker crude price
21
1
Find the average of the prices quoted by the relevant reports for the sale of the marker crudes in respect of trades during the reference period in contracts for the sale at arm’s length of the relevant Category 2 oil.
2
In paragraph (1) “the reference period” means the period ordinarily used to find the market value of oils, by reference to which the price of the oil in question is determined, in a contract for the sale of that oil at arm’s length.
Adjusting the average marker crude price
22
Add to the result of regulation 21 differential or combination of differentials normally applied in a contract for the sale at arm’s length of the relevant Category 2 oil.
Total value of the Category 2 oil sold or relevantly appropriated
23
1
Multiply the result of regulation 22 by the volume of Category 2 oil to which these Regulations apply in the particular case.
2
The product so found is the market value of the Category 2 oil in question.
3
This is subject to regulation 24.
Special rules
24
1
If a participator’s contracts for the sale of Category 2 oil in sales at arm’s length normally provide for the price to be determined —
a
in the case of oil transported by ship from the place of extraction to a place in the United Kingdom or elsewhere, by reference to the actual date of the completion of the load, or completion of the discharge, of the cargo; or
b
in the case of oil transported by pipeline to a place in the United Kingdom and loaded on to a ship there, by reference to the date of the bill of lading;
references to the notional delivery day in regulation 17 are to be construed, in relation to that participator as references to the day mentioned in sub-paragraph (a) or (b) (as the case requires).
2
The modification in paragraph (1) also applies where Category 2 oil is loaded onto a ship at least 7 days later than the date provided for by the contract for sale by reason of circumstances wholly beyond the control of the parties.
Paul Gray
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
13th December 2006


text:
Citation and commencement
1
This Order may be cited as the West Northamptonshire Development Corporation (Planning Functions) Order 2006 and shall come into force on 6th April 2006.
Interpretation
2
In this Order —
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“the GPDO ” means Town and Country Planning (General Permitted Development) Order 1995 ;
“the Use Classes Order ” means the Town and Country Planning (Use Classes) Order 1987 ;
“the development area” means the area designated as an urban development area by the West Northamptonshire Development Corporation (Area and Constitution) Order 2004 ;
“ the development corporation ” means the West Northamptonshire Development Corporation ;
“the central planning functions area” and the “the outer planning functions area” means the areas described as such in article 3;
“dwellinghouse” includes a flat; and
“flat” means a separate self-contained set of premises constructed or adapted for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally.
The planning functions areas
3
1
The central planning functions area is that part of the development area shown on the map numbered 1 bounded externally by a black line and edged internally with a black stippled band.
2
The outer planning functions area is that part of the development area shown on the maps numbered 2 to 4 bounded externally by a black line and edged internally with a red stippled band, excluding the area shaded grey on map number 2.
3
In paragraphs (1) and (2), “the map” means the set of maps numbered 1 to 4 entitled “Maps referred to in the West Northamptonshire Development Corporation (Planning Functions) Order 2006” of which prints, signed by a Director in the Office of the Deputy Prime Minister, are deposited and available for inspection at the offices of the First Secretary of State, of the Government Office for the East Midlands, of the development corporation, of Northamptonshire County Council, of Northampton Borough Council, and of Daventry and South Northamptonshire District Councils.
Planning functions of the development corporation in the central planning functions area
4
1
Subject to articles 7 and 8, the development corporation shall be the local planning authority for the central planning functions area for the purposes of Part 3 of the 1990 Act in relation to all kinds of development except for —
a
development which would be permitted by any Part of Schedule 2 to the GPDO but for a direction given or having effect as given under article 4 (directions restricting permitted development) of the GPDO;
b
development which falls within Parts 6, 7, 11, 17, 19, 20, 21, 23, 24, 30 or 31 of Schedule 2 to the GPDO and in relation to which approval or prior approval of the local planning authority is required;
c
subject to paragraph (2), operational development —
i
consisting of the enlargement, improvement or other alteration of a dwellinghouse; or
ii
on land within the curtilage of a dwellinghouse;
d
to the extent that it is not specified in sub-paragraph (a) to (c), development by or on behalf of an electronic communications code operator for the purpose of the operator’s electronic communications network; and
e
to the extent that it is not otherwise specified in this paragraph, development which is primarily for the installation, alteration or replacement of a microwave antenna or a satellite antenna.
2
Paragraph (1)(c) does not apply where the development will result in the provision of one or more additional dwellinghouses.
3
For the purposes of this article —
a
“dwellinghouse” includes a building containing one or more flats, and a flat contained within such a building;
b
“electronic communications code operator” and “electronic communications network” have the same meaning as in the Communications Act 2003 ; and
c
“microwave antenna” and “satellite antenna” have the same meaning as in article 1(2) of the GDPO.
Planning functions of the development corporation in the outer planning functions area
5
1
Subject to articles 7 and 8, the development corporation shall be the local planning authority for the outer planning functions area for the purposes of Part 3 of the 1990 Act in relation to the following kinds of development —
a
development which comprises or includes the provision of 50 or more dwellinghouses;
b
development which comprises or includes the provision of dwellinghouses, where the development occupies one hectare or more of land;
c
development which is likely to result in the loss of more than 50 dwellinghouses (irrespective of whether the development would also entail the provision of new dwellinghouses);
d
development which is likely to prejudice the residential use of land, where that land exceeds one hectare and is used for residential use;
e
development which comprises or includes the provision of, or is likely to result in the loss of, 2,500 or more square metres of floorspace for a mixed use;
f
development which comprises or includes a mixed use where the development occupies one hectare or more of land;
g
development which comprises or includes the provision of, or is likely to result in the loss of, 2,500 or more square metres of floorspace for a use falling within any or all of the following classes of the Use Classes Order —
i
class A1 (shops);
ii
class A3 (restaurants and cafes)
iii
class A4 (drinking establishments);
iv
class A5 (hot food takeaways);
v
class B1 (business);
vi
class B2 (general industrial);
vii
class B8 (storage or distribution);
h
development which comprises or includes the provision for a use falling within class B1, B2 or B8 of the Use Classes Order where the development occupies one hectare or more of land;
i
development which comprises or includes the provision of, or is likely to result in the loss of, 1,000 square metres or more of floorspace for a casino or use falling within any or all of the following classes of the Use Classes Order —
i
class C2 (residential institutions);
ii
class D1 (non-residential institutions);
iii
class D2 (assembly and leisure);
j
development which comprises or includes the provision of a casino or use falling within class D2 of the Use Classes Order where the development occupies one hectare or more of land;
k
development which comprises or includes the provision of a building which is 15 metres or more in height;
l
development on two hectares or more of land which comprises or includes the winning and working of minerals in, on, or under the land, whether by surface or underground working;
m
waste or recycling development to provide an installation with capacity for a throughput of more than 20,000 tonnes a year of refuse or of waste materials produced outside the land in respect of which planning permission is sought;
n
development which includes the provision of 50 or more car parking spaces, whether or not in combination with any other development or use;
o
development which comprises, includes the provision of, or extends —
i
an aircraft runway, airfield or aerodrome;
ii
a heliport (including a helipad on a building);
iii
an air passenger terminal;
iv
a railway station;
v
a tramway, an underground, surface or elevated railway, or a cable car;
vi
a bus or coach station;
vii
a waterway, river or canal crossing or pier;
viii
any highway (other than a bridleway, cycle way or footpath);
p
development which occupies one hectare or more of land and which —
i
is likely to prejudice the use, or lead to the loss of use, of land being used as a playing field; or
ii
is on land which has been —
aa
used as a playing field at any time in the five years before the making of the relevant application for planning permission and which remains undeveloped;
bb
allocated for use as a playing field in a development plan or in proposals for a for such a plan or its alteration or replacement;
q
development which is not of a kind specified in any of the preceding sub-paragraphs but which forms part of more substantial proposed development of such a kind on the same land or adjoining land in the development area.
2
In deciding whether development forms part of more substantial proposed development, there shall be taken into account other development of the same land or adjoining land in the development area —
a
in respect of which an application for planning permission has been made but not finally determined on the date the relevant application is received;
b
in respect of which planning permission has been granted within the period of five years immediately preceding that date; or
c
which has been substantially completed within the period of five years immediately preceding that date.
3
For the purposes of this article —
a
“floorspace” shall be calculated by external measurement;
b
“highway”, “bridleway”, “cycle path” and “footpath” have the same meaning as in section 329 of the Highways Act 1980 ;
c
“playing field” has the same meaning as in article 10(2)(l) of the Town and Country Planning (General Development Procedure) Order 1995 ;
d
land shall be treated as used for a particular use if —
i
it was last used for that use, or
ii
it is allocated for that use in —
aa
the development plan in force in the area in which the application site is situated;
bb
in proposals for such a plan; or
cc
proposals for the alteration or replacement of such a plan;
e
development occupies that area in respect of which the application for planning permission for the development seeks planning permission.
f
“recycling development” means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, recycling of refuse or waste materials;
g
references to recycling waste include re-using it (whether or not the waste is subjected to any process); and
h
“waste development” means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, treating, keeping, processing, recovering or disposing of refuse or waste materials.
Modifications of the provisions of the 1990 Act
6
All of the provisions of the 1990 Act specified in Part 2 of Schedule 29 to the 1980 Act shall have effect in relation to the development corporation and to the central planning functions area and the outer planning functions area with the modifications specified in that Part.
Transitional provision: applications to local planning authorities
7
1
This article applies to any application for planning permission or for a consent, approval or determination under the 1990 Act, or under any order or regulation made or having effect under that Act which —
a
is for development —
i
in the central planning functions area not of a kind specified in article 4; or
ii
in the outer planning functions area of a kind specified in article 5; and
b
was duly made before this Order came into force to an authority which ceases by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority responsible for determining the application (“the previous authority”); and
c
has not been determined when this Order comes into force.
2
The previous authority must transmit any application referred to in paragraph (1) to the development corporation for determination.
3
Where the previous authority transmits an application to the development corporation for determination, the application shall be treated as received by the development corporation from the applicant on the day on which it is transmitted to the corporation.
4
If, after this Order comes into force —
a
an application is made to an authority which ceased by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority —
i
for all development in the central planning functions area except of a kind specified in article 4; or
ii
for development in the outer planning functions area of a kind specified in article 5; and
b
the authority consider the application is —
i
in relation to land in the central planning functions area and for development other than for a kind specified in article 4; or
ii
in relation to land in the outer planning functions area and for development of a kind specified in article 5,
that authority must transmit that application to the development corporation for determination.
5
Where an appeal is made to the Secretary of State under section 78 of the 1990 Act against a decision or determination made in relation to land within the central or outer planning functions areas by an authority which ceased by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority responsible for making such decisions or determinations, that authority shall —
a
continue to be the local planning authority for the purposes of the appeal; and
b
shall notify the development corporation of the appeal and transmit to the First Secretary of State any representation received from the development corporation.
Transitional provision: compensation
8
1
Where a right to compensation arises under section 107 , 108 or 115 of the 1990 Act in consequence of action taken in relation to land within the central or outer planning functions areas by an authority which ceases by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority in relation to that matter, the liability to pay compensation shall lie with that authority.
2
Where —
a
the Secretary of State makes a determination —
i
of an appeal against action taken by such authority as is mentioned in paragraph (1); or
ii
on a reference made to him by such authority; and
b
that determination gives rise to a right to compensation,
that authority shall be liable to pay the compensation.
3
Where the Secretary of State —
a
makes an order under section 100 or 104 of the 1990 Act in respect of a matter arising before this Order comes into force, which relates to land in the central or outer planning functions areas; or
b
serves a notice under section 185 of that Act in respect of such a matter,
the authority which was the local planning authority in relation to that land when the matter arose shall remain liable to pay any compensation arising from the order or notice.
Signed by authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
3rd March 2006


text:
Citation
1
This Order may be cited as the Amesbury Church of England Voluntary Controlled Primary School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The Amesbury Church of England Voluntary Controlled Primary School, School Lane, Amesbury, Salisbury, SP4 7DT, a voluntary controlled school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
12th July 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Housing (Assessment of Accommodation Needs) (Meaning of Gypsies and Travellers) (England) Regulations 2006 and shall come into force on 2nd January 2007.
2
These Regulations apply where a local housing authority in England undertakes a review of housing needs in their district under section 8 of the Housing Act 1985.
Meaning of Gypsies and Travellers for the Purposes of Section 225 of the Housing Act 2004
2
For the purposes of section 225 of the Housing Act 2004 (duties of local housing authorities: accommodation needs of gypsies and travellers) “gypsies and travellers” means —
a
persons with a cultural tradition of nomadism or of living in a caravan; and
b
all other persons of a nomadic habit of life, whatever their race or origin, including —
i
such persons who, on grounds only of their own or their family’s or dependant’s educational or health needs or old age, have ceased to travel temporarily or permanently; and
ii
members of an organised group of travelling showpeople or circus people (whether or not travelling together as such).
Signed by authority of the Secretary of State
for Communities and Local Government
Meg Munn
Parliamentary Under Secretary of State
Department for Communities and Local Government
27th November 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2006.
2
In this Order, “the Service Pensions Order ” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983.
3
This Order shall come into force on 13th March 2006.
Amendment to the Service Pensions Order
2
1
The Service Pensions Order shall be amended in accordance with the following provisions.
2
In the Table at Part IV of Schedule 1 to the Service Pensions Order, in row number 12, relating to “part-time treatment allowance under article 25”, under the column headed “Groups 1-9”, for the figure “£59.00” there shall be substituted the figure “£60.20”
3
In the Table at Part IV of Schedule 1 to the Service Pensions Order, in row number 12, relating to “part-time treatment allowance under article 25”, under the column headed “Groups 10-15”, for the figure “£59.00” there shall be substituted the figure “£60.20”
4
These amendments shall have effect as if they had come into force on 11th April 2005.
A.K.Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Finance Act 2004, Section 77(1) and (7), (Appointed Day) Order 2006.
2
The appointed day for the purposes of section 77(1) of the Finance Act 2004 is 6th April 2007.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 2006


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) (No.2) Regulations 2006 and come into force on 1st December 2006.
2
The Value Added Tax Regulations 1995 are amended as follows.
3
In Schedule 1, for form numbered 1 (application for VAT registration) substitute form numbered 1 in the Schedule to these Regulations.
Paul Gray
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
3rd November 2006


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Adult Learning Option) Amendment Regulations 2006 and shall come into force on 1st September 2006.
Amendment of the Income Support (General) Regulations 1987
2
1
The Income Support (General) Regulations 1987 are amended in accordance with the provisions of this regulation.
2
At the end of regulation 4ZA(3)(c) (prescribed categories of person) , insert “; or” followed by the following sub-paragraph —
d
he is taking part in the scheme known as the Adult Learning Option (which is provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973 ).
.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
3
1
The Social Security (Incapacity Benefit) Regulations 1994 are amended in accordance with the provisions of this regulation.
2
At the end of regulation 4(2)(c) (days not to be treated as days of incapacity for work) , insert “, or” followed by the following sub-paragraph —
d
to any part of such a payment made —
i
as a consequence of the person taking part in the scheme known as the Adult Learning Option (which is provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973), and
ii
which is not intended to meet the cost of living expenses to which paragraph (3) applies.
.
3
After regulation 4(2), insert —
3
This paragraph applies to living expenses which relate to —
a
food,
b
ordinary clothing or footwear,
c
household fuel,
d
rent for which housing benefit is payable,
e
any housing costs (to the extent that they are met under regulation 83(f) or 84(1)(g) of the Jobseeker’s Allowance Regulations 1996 or regulation 17(1)(e) or 18(1)(f) of the Income Support (General) Regulations 1987 (housing costs)) of the claimant or, where the claimant is a member of the family, any other member of his family, or
f
any council tax or water charges for which that claimant or member is liable.
.
John Hutton
Secretary of State for Work and Pensions
2nd August 2006


text:
Citation and Commencement
1
These Regulations may be cited as the Education (Fees and Awards) (Amendment) Regulations 2006 and come into force on 31st March 2006.
Amendments to the Education (Fees and Awards) Regulations 1997
2
The Education (Fees and Awards) Regulations 1997 shall be amended as follows.
3
In regulation 2(1) —
a
insert in the relevant place —
“the 2005 Act ” means the Education Act 2005
;
“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;
and
“training provider” means a person who provides training for members of the school workforce under Part 3 of the 2005 Act
.
b
omit the definition of “ EEA migrant worker”; and
c
omit “4”, “6A” and “6B” from the definition of “relevant date”.
4
After regulation 2(1) insert —
1A
In the schedule in relation to England and in relation to Wales for the purposes of regulation 4 only —
“child” in paragraph 2 includes a step-child;
“Directive 2004/38” means Directive 2004/38/ EC of the European Parliament and of the Council of 29th April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;
“EC national” means a national of a Member State of the European Community;
“EEA frontier self-employed person” means an EEA national who —
is a self-employed person in the United Kingdom; and
resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“EEA frontier worker” means an EEA national who —
is a worker in the United Kingdom; and
resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“EEA migrant worker” means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;
“EEA national” means a national of an EEA State other than the United Kingdom;
“EEA self-employed person” means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;
“EEA State” means a Member State of the European Economic Area;
“employed person” means an employed person within the meaning of Annex 1 to the Switzerland Agreement;
“European Community” means the territory comprised by the Member States of the European Community as constituted from time to time
“family member” means —
in relation to a national of the United Kingdom who has exercised a right of free movement under article 39 or 43 of the Treaty establishing the European Community or an equivalent right under the EEA Agreement or the Switzerland Agreement and is entitled, by virtue of an enforceable Community right, to be treated no less favourably in relation to matters which are the subject of these Regulations than he would have been had he not exercised that right, an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person —
his spouse or civil partner;
his child or the child of his spouse or civil partner; or
dependent direct relatives in his ascending line or that of his spouse or civil partner;
in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person —
his spouse or civil partner; or
his child or the child of his spouse or civil partner;
in relation to an EC national who is not self sufficient —
his spouse or civil partner; or
direct descendants of his or of his spouse or civil partner who are —
under the age of 21; or
dependants of his or his spouse or civil partner;
in relation to an EC national who is self-sufficient —
his spouse or civil partner;
direct descendants of his or of his spouse or civil partner who are —
under the age of 21; or
dependents of his or his spouse; or
dependent direct relatives in his ascending line or that of his spouse or civil partner;
“person with leave to enter or remain” means a person who —
has been informed by a person acting under the authority of the Secretary of the State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom;
has been granted leave to enter or to remain accordingly; and
has been ordinarily resident in the United Kingdom and Islands throughout the period since he was granted leave to enter or remain;
“right of permanent residence” means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;
“self-employed person” means —
in relation to an EEA national, a person who is self-employed within the meaning of article 7 of Directive 2004/38; or
in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Switzerland Agreement;
“self-sufficient” means self-sufficient within the meaning of Article 7(1) (b) of Directive 2004/38;
“settled” has the meaning given by section 33(2A) of the Immigration Act 1971 ;
“Swiss employed person” means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;
“Swiss frontier employed person” means a Swiss national who —
is an employed person in the United Kingdom; and
resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“Swiss frontier self-employed person” means a Swiss national who —
is a self-employed person in the United Kingdom; and
resides in Switzerland or in the territory of an EEA State, other than the United Kingdom, and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“Swiss self-employed person” means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;
“worker” means a worker within the meaning of article 7 of Directive 2004/38.
1B
For the purposes of the Schedule in relation to England and in relation to Wales for the purposes of its application to regulation 4 only, “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” is to be construed accordingly.
5
In regulation 2(4) —
a
after “For the purposes of these Regulations” insert “in relation to Wales except for the purposes of regulation 4”;
b
omit “in Switzerland”.
c
After paragraph (4) insert —
4B
a
In relation to England and in relation to Wales for the purposes of regulation 4 only, a person is to be treated as ordinarily resident in England, England and Wales, Great Britain, the United Kingdom and Islands or in the territory comprising the European Economic Area and Switzerland if he would have been so resident but for the fact that —
i
he;
ii
his spouse or civil partner;
iii
his parent; or
iv
in the case of a dependent direct relative in the ascending line, his child or child’s spouse or civil partner,
is or was temporarily employed outside the area in question.
b
For the purposes of sub-paragraph (a), temporary employment includes —
i
in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces; and
ii
in the case of members of the regular armed forces of a Member State of the European Economic Area or Switzerland, any period which they serve outside of the territory comprising the European Economic Area and Switzerland as members of such forces.
6
In regulation 2(5) —
a
At the beginning of the paragraph insert “In relation to Wales”.
b
At the end of paragraph (5) insert —
5B
In relation to England for the purposes of Regulation 6, 6A, 6B and 7 a person is to be treated as ordinarily resident in England, England and Wales, Great Britain, the United Kingdom and Islands or in the territory comprising the European Economic Area and Switzerland if he would have been so resident but for the fact that —
i
he;
ii
his spouse or civil partner;
iii
his parent; or
iv
in the case of a dependent direct relative in the ascending line, his child or child’s spouse or civil partner,
was temporarily receiving full-time education outside the area in question
.
7
In regulation 2(6) —
a
after “In these Regulations” insert “in relation to Wales except for the purposes of regulation 4”;
b
omit “or Switzerland” and “, or the Switzerland Agreement”.
8
1
After regulation 4(1) insert —
1A
For the purposes of this regulation a person is mentioned in the Schedule if they are mentioned in it on the first day of an academic year of the course
.
2
After regulation 4(2)(c) “and” is omitted.
3
After regulation 4(2)(c) to the end of paragraph (6) substitute —
d
which are training providers and are receiving financial support under section 78 of the 2005 Act from the Training and Development Agency for Schools ; or
e
eligible for funding by the Higher Education Funding Council for Wales under Part 3 of the 2005 Act.
3
The fees referred to in paragraph (1) are any fees in respect of, or otherwise in connection with, undertaking the course, including admission, registration, tuition and graduation fees.
4
This regulation does not make lawful the charging of a fee which is unlawful by reason of a condition imposed under section 26 of the Teaching and Higher Education Act 1998 or sections 24 and 28 of the Higher Education Act 2004 .
9
Substitute the following for Regulation 6A —
Payments by the Training and Development Agency for Schools in Relation to England
6A
1
In relation to England it shall be lawful for the Training and Development Agency for Schools to adopt rules of eligibility for awards (however described) by any training provider to which it makes grants, loans or other payments under section 78 of the 2005 Act which confine eligibility to the persons mentioned in paragraphs 1, 2, 5, 6, 7 and 8 of the Schedule.
2
In relation to England it shall be lawful for a training provider who is receiving financial support under section 78 of the 2005 Act to adopt rules of eligibility for awards (however described) which confine eligibility to the persons mentioned in paragraphs 1, 2, 5, 6, 7 and 8 of the Schedule.
10
In regulation 6B omit paragraph (3).
11
1
In regulation 8 insert “in relation to Wales” at the beginning of paragraph (2).
2
Omit paragraphs (2)(b) to (5).
12
Substitute the following for the Schedule —
SCHEDULE
Persons who are settled in the United Kingdom
1
1
In relation to Wales except for the purposes of regulation 4 a person who on the relevant date —
a
is settled in the United Kingdom within the meaning of the Immigration Act 1971, and
b
meets the residence conditions referred to in paragraph 9.
2
In relation to England and in relation to Wales for the purposes of regulation 4 only, a person who on the first day of the first academic year of the course —
a
is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;
b
is ordinarily resident in the United Kingdom and Islands;
c
has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
d
subject to sub-paragraph (3), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
3
Paragraph (d) of sub-paragraph (2) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with regulation 2(4B).
4
In relation to England and in relation to Wales for the purposes of regulation 4 only, a person who —
a
is settled in the United Kingdom by virtue of having acquired the right of permanent residence on the first day of an academic year of the course;
b
is or was ordinarily resident in the United Kingdom and Islands on the first day of the first academic year of the course;
c
has been or was ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
d
in a case where his residence leading to the acquisition of the right of permanent residence was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the start of that period of residence.
Refugees
2
A person who is a refugee, ordinarily resident in the United Kingdom and Islands, who has not ceased to be so ordinarily resident since he was recognised as a refugee, or is the spouse, civil partner or child of such a refugee.
Persons with leave to enter and remain
3
1
A person who —
a
has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom,
b
has been granted leave to enter or remain accordingly, and
c
has been ordinarily resident in the United Kingdom and Islands since he has been granted leave to enter or remain
or who is the spouse, civil partner or child or such a person.
2
For the purposes of this paragraph “child” includes a person adopted in pursuance of adoption proceedings and a step-child.
Exchange Students
4
A person who is admitted to his course in pursuance of arrangements with an institution outside the United Kingdom for the exchange of students on a fully reciprocal basis.
EC Nationals
5
1
In relation to Wales except for the purposes of regulation 4 a person who is a national of a member state of the European Community, or who is the child of such a national, who meets the residence conditions referred to in paragraph 9.
2
In relation to England and in relation to Wales for the purposes of regulation 4 only, a person who —
a
is an EC national or a family member of such a national on the first day of an academic year of the course;
b
has been or was ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
c
subject to sub-paragraph (3), whose ordinary residence in the territory comprising the European Economic Area and Switzerland has not or was not during any part of the period referred to in paragraph (b) been wholly or mainly for the purpose of receiving full-time education.
3
Paragraph (c) of sub-paragraph (2) does not apply to a person who is treated as being ordinarily resident in the territory comprising the European Economic Area and Switzerland in accordance with regulation 2(4B).
Workers, employed persons, self-employed persons and their family members
6
1
In relation to Wales except for the purposes of regulation 4 a person who is an EEA migrant worker who —
a
may not be required to pay higher fees, or who may not be made ineligible for an award under rules of eligibility, by virtue of Article 7(2) or (3) of Council Regulation ( EEC ) No 1612/68 on freedom of movement of workers within the Community, as extended by the EEA Agreement, or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of Article 7(2) and (3) and
b
meets the residence conditions referred to in paragraph 9.
2
In relation to England and in relation to Wales for the purposes of regulation 4 only , a person who is mentioned in sub-paragraphs (3) to (10) below.
3
A person who —
a
is —
i
an EEA migrant worker or an EEA self-employed person;
ii
a Swiss employed person or a Swiss self-employed person;
iii
a family member of a person mentioned in paragraph (i) or (ii);
iv
an EEA frontier worker or an EEA frontier self-employed person;
v
a Swiss frontier employed person or a Swiss frontier self-employed person; or
vi
a family member of a person mentioned in paragraph (iv) or (v);
b
subject to sub-paragraph (4), is ordinarily resident in the United Kingdom and Islands on the first day of the first academic year of the course; and
c
has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.
4
Paragraph (b) of sub-paragraph (3) does not apply where the person falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (3).
5
A person who —
a
is ordinarily resident in the United Kingdom and Islands on the first day of the first academic year of the course;
b
has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
c
is entitled to support by virtue of Article 12 of the Council Regulation mentioned in paragraph 6(1)(a).
6
A person who —
a
is —
i
a national of the United Kingdom who has exercised a right of free movement within the territory comprising the European Economic Area and Switzerland and is entitled, by virtue of an enforceable Community right, to be treated no less favourably than he would have been treated had he not exercised that right of free movement; or
ii
a family member of a person mentioned in paragraph (i);
b
subject to sub-paragraph (7), is ordinarily resident in the United Kingdom and Islands on the first day of the first academic year of the course; and
c
has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.
7
A person who is not ordinarily resident in the United Kingdom and Islands on the first day of the first academic year of the course may be treated as satisfying paragraph (b) of sub-paragraph (6) if the institution charging the fee or the body or institution making the award is satisfied that the person —
a
is not so resident for a reason connected with the exercise of the right of free movement referred to in paragraph (a)(i) of sub-paragraph (6); but
b
is ordinarily resident in the United Kingdom and Islands on the day on which the first term of the first academic year of the course actually begins.
8
For the purposes of sub-paragraphs (6) and (7) “right of free movement” means a right of free movement under Article 39 or 43 of the Treaty establishing the European Community or an equivalent right under the EEA Agreement or the Switzerland Agreement.
9
A person who on the first day of the first academic year of the course —
a
is an EC national;
b
is ordinarily resident in the United Kingdom and Islands;
c
has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;
d
where he is a national of the United Kingdom, has a right to be treated no less favourably than a national of another Member State by virtue of having exercised a Community right of free movement or an equivalent right under the EEA Agreement or Switzerland Agreement; and
e
in a case where his ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).
10
A person who —
a
is the child of a Swiss national on the first day of an academic year of the course that is entitled to support in the United Kingdom by virtue of article 3(6) of Annex 1 to the Switzerland Agreement;
b
is or was ordinarily resident in the United Kingdom and Islands on the first day of the first academic year of the course;
c
has been or was ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
d
in a case where his ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).
7
In relation to Wales except for the purposes of regulation 4 a person who is the spouse or civil partner of an EEA migrant worker and who —
a
is installed in the United Kingdom with his spouse or civil partner, and
b
meets the residence conditions referred to in paragraph 9.
8
1
In relation to Wales except for the purposes of regulation 4 a person who is the child of an EEA migrant worker and who
a
may not be required to pay higher fees, or may not be made ineligible for an award under rules of eligibility, by virtue of Article 12 of the Council Regulation mentioned in paragraph 6(1)(a), or, where his migrant worker parent is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably that the child of a national of another member State in relation to matters which are the subject of Article 12, and
b
meets the residence conditions referred to in paragraph 9.
2
For the purpose of this paragraph “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child, and “child shall be construed accordingly.
9
The residence conditions referred to above are that —
a
the person had been ordinarily resident throughout the three year period preceding the relevant date, in the case of a person mentioned in paragraph 1, in the United Kingdom and Islands or, in the case of a person mentioned in paragraphs 5 to 8 in the European Economic Area; and
b
his residence in the United Kingdom and Islands, or in the European Economic Area, as the case may be, has not during any part of the period referred to in sub-paragraph (a) been wholly or mainly for the purpose of receiving full time education.
Bill Rammell
Minister of State
Department for Education and Skills
26th February 2006


text:
Citation and commencement
1
This Order may be cited as the Nursing and Midwifery Order 2001 (Transitional Provisions) (Amendment) Order of Council 2006 and shall come into force on 1 st June 2006.
Amendment of the Nursing and Midwifery Order 2001 (Transitional Provisions) Order of Council 2004
2
1
The Nursing and Midwifery Order 2001 (Transitional Provisions) Order of Council 2004 is amended as follows.
2
In article 4 (modification of the Conduct Rules) —
a
before paragraph (a) insert —
za
in rule 7 —
i
in paragraph (1), for the words “constituted by, and shall include members of, the Council” were substituted “constituted by the Council”, and
ii
in paragraph (5), the words “, of whom at least 1 shall be a Council member” were omitted;
;
b
after paragraph (a) insert —
aa
in rule 12 —
i
in paragraph (1), for the words “constituted by, and shall include members of, the Council” were substituted “constituted by the Council”, and
ii
in paragraph (2), the words “, of whom at least 1 shall be a Council member” were omitted;
; and
c
after paragraph (c) insert —
ca
in rule 29 —
i
in paragraph (1), for the words “constituted by, and include members of, the Council” were substituted “constituted by the Council”, and
ii
in paragraph (6), the words “, of whom at least 1 shall be a Council member” were omitted;
.
A K Galloway
Clerk of the Privy Council