text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Pollution Prevention and Control (Public Participation) (England and Wales) Regulations 2005 and shall come into force on 25th June 2005.
2
These Regulations extend to England and Wales.
Amendment to the Pollution Prevention and Control (England and Wales) Regulations 2000
2
1
The Pollution Prevention and Control (England and Wales) Regulations 2000 shall be amended as follows.
2
In regulation 2 (Interpretation: general), after paragraph (2B) insert a new paragraph (2C) as follows —
2C
For the purposes of these Regulations any change in operation of an installation which in itself meets any of the thresholds specified for a Part A activity under any Section in Part 1 of Schedule 1 shall be treated as a substantial change in operation.
.
3
Schedule 4 (Grant of Permits) shall be amended as follows —
a
in paragraph 1, after sub-paragraph (o) insert a new sub-paragraph (oo) as follows —
oo
in the case of an application for a permit to operate a Part A installation, an outline of the main alternatives, if any, studied by the applicant.
;
b
in paragraph 6(e), after the word “where” insert the words “, and in the case of an application for a permit to operate a Part A installation, how and at what times,”;
c
after paragraph 6 insert a new paragraph as follows —
6A
In the case of an application for a permit to operate a new Part A installation, the advertisement required by paragraph 5 shall, in addition to the information required by paragraph 6 —
a
explain that the particulars of the application contained in the register specified in paragraph 6(e) include a description of the elements listed in paragraph 1(1); and
b
where applicable, state that the determination of the application is subject to a national or transboundary environmental impact assessment or to consultations between member States in accordance with paragraph 17.
;
d
in paragraph 7, after the words “paragraphs 1 and 6” insert the words “(and where applicable 6A)”;
e
in paragraph 12, for sub-paragraph (2)(b) substitute the following sub-paragraph —
b
in the case of any other person —
i
for applications, the period of 28 days; and
ii
for draft determinations, the period of 20 working days,
beginning with the date on which the application or the draft determination is advertised pursuant to paragraph 5 or 15A.
;
f
in paragraph 15, for sub-paragraph (1) substitute the following sub-paragraph —
1
Except in a case where an application has been referred to the Secretary of State under paragraph 14 and subject to paragraph 18, the regulator shall give notice of —
a
its determination of an application for a permit; or
b
in the case of an application for a permit to operate a new Part A installation, its draft determination,
within the period of four months beginning with the day on which it received the duly made application or within such longer period as may be agreed with the applicant.
;
g
after paragraph 15 insert two new paragraphs as follows —
15A
1
The regulator shall —
a
within a period of 3 working days beginning with the date on which notice of a draft determination is given pursuant to paragraph 15(1)(b) advertise the notice on its web-site and, if it considers it appropriate, by any other means; and
b
take all relevant steps specified in the advertisement as falling to be carried out by the regulator, within the time-periods set out in that advertisement.
2
In the case of a notice of a draft determination in respect of an application which has been forwarded by the Secretary of State to another member State under paragraph 17, the regulator shall forward copies of the draft determination and of the advertisement made pursuant to this paragraph to the Secretary of State at the same time as the draft determination is advertised.
15B
1
An advertisement required by paragraph 15A shall —
a
explain where, how and at what times any register which contains —
i
any additional information which is relevant to the determination of the application which has become available after the application is advertised pursuant to paragraph 5;
ii
a copy of the draft determination;
iii
information on any guidance issued by the Secretary of State to the regulator relevant to the application; and
iv
information on the arrangements for public participation and the reasons and considerations on which the draft determination is based;
may be inspected and that it may be inspected free of charge;
b
explain that any person may make representations in writing to the regulator within the period of 20 working days beginning with the date of the advertisement and give the regulator’s address for receiving representations;
c
explain that where —
i
no representations are made to the regulator within the period referred to in sub-paragraph (b) and where applicable, within the period specified under paragraph 18A for the Secretary of State to forward representations to the regulator, the regulator shall —
aa
give notice of its determination; and
bb
include in the register a copy of the final determination, together with a statement confirming that no representations have been made on the draft determination,
within the period of 5 working days starting with the day on which the period referred to in sub-paragraph (b) ends or, where applicable, the day on which the period specified under paragraph 18A for the Secretary of State to forward representations to the regulator ends; or
ii
representations are made within the period referred to in sub-paragraph (b) and where applicable, within the period specified under paragraph 18A for the Secretary of State to forward representations to the regulator, the regulator shall —
aa
give notice of its determination;
bb
include in the register a copy of the final determination, together with information on the reasons and considerations on which the determination is based, including information on the public participation process; and
cc
advertise the notice on its web-site and, if it considers it appropriate, by any other means,
within the period of 15 working days starting with the day on which the period referred to in sub-paragraph (b) ends or, where applicable, the day on which the period specified under paragraph 18A for the Secretary of State to forward representations to the regulator ends or within such longer period as may be agreed with the applicant.
2
Where the draft determination has been forwarded to the Secretary of State pursuant to paragraph 15A(2) —
a
the regulator shall forward to the Secretary of State a copy of the final determination and the information specified in sub-paragraph (1)(c)(i)(bb) or (1)(c)(ii)(bb) as the case may be, by the date by which it is required to give notice of its determination under sub-paragraph (1)(c)(i) or (1)(c)(ii); and
b
the Secretary of State shall forward to the member State to which the draft determination has been forwarded under paragraph 17, copies of the documents specified in the previous sub-paragraph as soon as practicable after the date of receipt.
;
h
in paragraph 16 —
i
after the words “its determination” insert the words “or draft determination”;
ii
for the words “the period” where they first appear, substitute the words “the applicable period”;
iii
for the words “paragraph 15” substitute the words “paragraph 15 or paragraph 15B”;
i
in paragraph 17 —
i
delete from the words “the Secretary of State shall forward a copy” to the words “pursuant to paragraph 5” and substitute the following —
the Secretary of State shall forward —
a copy of the application to operate the installation and a copy of the advertisement made under paragraph 5; and
where applicable, a copy of the draft determination in respect of that application together with a copy of the advertisement made under paragraph 15A,
to the other member State at the same time as the application or draft determination are advertised pursuant to paragraph 5 or 15A
;
ii
delete from the words “after the application” to the words “in order that the application” and substitute the following —
after the application or draft determination are advertised but before the application is determined) in order that the application or draft determination
;
j
In paragraph 18 —
i
in paragraph (1)(a) after the word “application” where it first appears insert the words “or provide its draft determination”;
ii
in paragraph (1)(b) after the word “determination” insert the words “or to provide a draft determination”;
k
After paragraph 18, insert a new paragraph as follows —
18A
Any representations on the draft determination made in the member State to which the draft determination has been sent, which have been received by the Secretary of State within the period of 22 working days from the date of his receipt of the draft determination from the regulator, shall be forwarded to the regulator within the period of 3 working days beginning on the day after that period ends.
;
l
For paragraph 19, substitute the following new paragraph —
19
1
For the purposes of Parts 1 and 2 of this Schedule —
“new Part A installation” shall be interpreted in accordance with paragraph 6 of Part 1 of Schedule 3; and
“working day” means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 .
2
In paragraphs 17, 18 and 18A, “member State” shall be taken to include Norway, Iceland and Liechtenstein.
.
4
Schedule 7 (Variation of Conditions) shall be amended as follows —
a
in paragraph 4 —
i
in paragraph (1)(b) delete from the words “will authorise” to the words “or mobile plant” and substitute the following —
will —
i
authorise a substantial change in the operation of an installation or a mobile plant; or
ii
vary the conditions of a permit to operate a Part A installation as a result of a review under regulation 15(2)(a).
;
ii
in sub-paragraph (2) delete from the words “no substantial change” to the end and insert the words “sub-paragraph (1) does not apply.”; and
iii
in sub-paragraph (5), insert a new paragraph (d) as follows —
d
in the case of a proposed variation notice affecting the operation of a Part A installation, provide the operator with —
i
information on the reasons and considerations on which that proposed variation notice is based;
ii
information on any guidance issued by the Secretary of State to the regulator relevant to the determination of the proposed variation.
;
iv
in sub-paragraph (9) —
aa
for sub-paragraph (9)(d), substitute the following new paragraph —
d
state where, and in the case of a variation affecting the operation of a Part A installation, how and at what times, any register which contains —
i
particulars of the application or proposed variation;
ii
in the case of a proposed variation notice affecting the operation of a Part A installation, a copy of the proposed variation notice and the information provided by the regulator under sub-paragraph (5)(d)(i) on the reasons and considerations on which that proposed variation notice is based,
may be inspected and that it may be inspected free of charge.
;
bb
after sub-paragraph (9)(f), insert a new paragraph (g) as follows —
g
in the case of a variation affecting the operation of a Part A installation —
i
explain that the particulars of the application contained in the register specified in paragraph (d) include a description of the elements listed in paragraph 1;
ii
in the case of a proposed variation notice, describe the contents of that notice;
iii
where applicable, state that the determination of the application or the serving of the variation notice is subject to a national or transboundary environmental impact assessment or to consultations between member States in accordance with paragraph 9;
iv
where applicable, explain that any guidance issued by the Secretary of State to the regulator relevant to the determination of the proposed variation which has been provided to the operator under sub-paragraph (5)(d)(ii) has been included in the register.
;
v
in sub-paragraph (12), for paragraph (b) substitute the following paragraph —
b
in the case of other persons —
i
for applications or proposed variations, the period of 28 days; and
ii
for draft determinations the period of 20 working days,
beginning with the date on which the application, the proposed variation or the draft determination is advertised pursuant to sub-paragraph (8) or paragraph 7A.
;
b
after paragraph 6, insert a new paragraph as follows —
6A
1
In the case of a proposed variation notice affecting the operation of a Part A installation to which the consultation and advertising procedure set out in paragraph 4 applies —
a
where no representations are made to the regulator within the period allowed by paragraph 4(12) and where applicable, by the day on which the regulator receives the Secretary of State’s notification that the bilateral consultations have been completed pursuant to paragraph 10(b), the regulator shall —
i
serve the variation notice;
ii
include in the register a copy of the variation notice, together with a statement confirming that no representations have been received by the regulator on the proposed variation; and
iii
where paragraph 9 applies, forward a copy of the variation notice together with the statement specified in sub-paragraph (ii) to the Secretary of State,
within the period of 5 working days starting with the day on which the period allowed by paragraph 4(12) ends or, where applicable and if later, the day on which the regulator receives the Secretary of State’s notification that the bilateral consultations have been completed pursuant to paragraph 10(b); or
b
where representations are made within the period allowed by paragraph 4(12) and where applicable, by the day on which the regulator receives the Secretary of State’s notification that the bilateral consultations have been completed pursuant to paragraph 10(b), the regulator shall —
i
give notice of its determination;
ii
include in the register a copy of the variation notice, together with information on the reasons and considerations on which the variation notice is based;
iii
advertise the notice on its web-site and, if it considers it appropriate, by any other means; and
iv
where paragraph 9 applies, forward a copy of the variation notice and the information specified in sub-paragraph (ii) to the Secretary of State,
within the period of 15 working days starting with the day on which the period allowed by paragraph 4(12) ends or, where applicable and if later, the day on which the regulator receives the Secretary of State’s notification that the bilateral consultations have been completed pursuant to paragraph 10(b) or within such longer period as may be agreed with the applicant.
2
The Secretary of State shall forward to the member State to which the proposed variation has been forwarded under paragraph 9, a copy of the variation notice and the information specified in sub-paragraph (1)(a)(iii) or (1)(b)(iv) as the case may be, as soon as practicable after the date of receipt.
3
Where sub-paragraph (1) applies and the regulator fails to serve the variation notice or to give notice of its determination, as the case may be, within the period specified in that sub-paragraph, the proposed variation shall, if the operator of the Part A installation to which the variation refers notifies the regulator in writing that he treats the failure as such, be deemed to have been withdrawn at the end of that period.
;
c
In paragraph 7, delete from the beginning of sub-paragraph (1) to the words “no account shall be taken of — ” in sub-paragraph (2) and substitute the following —
1
Except in a case where an application has been referred to the Secretary of State under paragraph 6 and subject to paragraph 10, the regulator shall give notice of —
a
its determination of an application under regulation 17(2); or
b
in the case of an application under regulation 17(2) for a variation to which paragraph 4(1)(b)(i) applies and which affects the operation of a Part A installation, its draft determination,
within the period specified in sub-paragraph (2).
2
The period for the purposes of sub-paragraph (1) is as follows —
a
where the consultation and advertising procedure set out in paragraph 4 applies, the period of four months beginning with the day on which the regulator received the application;
b
where that procedure does not apply, the period of three months beginning with the day on which the regulator received the application,
or, in either case, such longer period as may be agreed with the operator.
3
For the purpose of calculating the periods mentioned in sub-paragraph (2) no account shall be taken of —
;
d
after paragraph 7, insert two new paragraphs as follows —
7A
1
The regulator shall —
a
within a period of 3 working days beginning with the date on which notice of a draft determination is given pursuant to paragraph 7, advertise the notice on its web-site and, if it considers it appropriate, by any other means; and
b
take all relevant steps specified in the advertisement as falling to be carried out by the regulator, within the time-periods set out in that advertisement.
2
In the case of a notice of a draft determination in respect of an application which has been forwarded by the Secretary of State to another member State under paragraph 9, the regulator shall forward copies of the draft determination and of the advertisement made pursuant to this paragraph to the Secretary of State at the same time as the draft determination is advertised.
7B
1
An advertisement required by paragraph 7A shall —
a
explain where, how and at what times any register which contains —
i
any additional information which is relevant to the determination of the application which has become available after the application is advertised pursuant to paragraph 4(8);
ii
a copy of the draft determination;
iii
information on any guidance issued by the Secretary of State to the regulator relevant to the application; and
iii
information on the arrangements for public participation and the reasons and considerations on which the draft determination is based;
may be inspected and that it may be inspected free of charge;
b
explain that any person may make representations in writing to the regulator within the period of 20 working days beginning with the date of the advertisement and give the regulator’s address for receiving representations;
c
explain that where —
i
no representations are made to the regulator within the period referred to in paragraph (b) and where applicable, within the period specified under paragraph 11A for the Secretary of State to forward representations to the regulator, the regulator shall —
aa
give notice of its determination; and
bb
include in the register a copy of the final determination, together with a statement confirming that no representations have been received by the regulator on the draft determination,
within the period of 5 working days starting with the day on which the period referred to in sub-paragraph (b) ends or, where applicable, the day on which the period specified under paragraph 11A for the Secretary of State to forward representations to the regulator ends; or
ii
representations are made within the period referred to in paragraph (b) and where applicable, within the period specified under paragraph 11A for the Secretary of State to forward representations to the regulator, the regulator shall —
aa
give notice of its determination; and
bb
include in the register a copy of the variation, together with information on the reasons and considerations on which the variation is based, including information on the public participation process; and
cc
advertise the notice on its web-site and, if it considers it appropriate, by any other means,
within the period of 15 working days starting with the day on which the period referred to in sub-paragraph (b) ends or, where applicable, the day on which the period specified under paragraph 11A for the Secretary of State to forward representations to the regulator ends or, within such longer period as may be agreed with the applicant.
2
Where the draft determination has been forwarded to the Secretary of State pursuant to paragraph 7A(2) —
a
the regulator shall forward to the Secretary of State a copy of the final determination and the information specified in sub-paragraph (1)(c)(i)(bb) or (1)(c)(ii)(bb) as the case may be, by the date by which it is required to give notice of its determination under sub-paragraph (1)(c)(i) or 1(c)(ii); and
b
the Secretary of State shall forward to the member State to which the draft determination has been forwarded under paragraph 9 copies of the documents specified in the previous sub-paragraph as soon as practicable after the date of receipt.
;
e
in paragraph 8 —
i
after the words “its determination” insert the words “or draft determination”;
ii
for the words “the period” where they first appear, substitute the words “the applicable period”;
iii
for the words “paragraph 7” substitute the words “paragraph 7 or paragraph 7B”;
f
in paragraph 9 —
i
delete from the words “the Secretary of State shall forward a copy” to the words “pursuant to paragraph 4(8)” and substitute the following —
the Secretary of State shall forward —
a copy of the application or proposed variation notice and a copy of the advertisement made under paragraph 4(8); and
where applicable, a copy of the draft determination in respect of that application together with a copy of the advertisement made under paragraph 7A,
to the other member State at the same time as the application, proposed variation notice or draft determination are advertised pursuant to paragraphs 4(8) and 7A
;
ii
delete from the words “after the application or proposed variation notice” to the words “in order that the application or proposed variation notice” and substitute the following —
after the application, proposed variation notice or draft determination are advertised but before the application is determined or the proposed variation notice is served) in order that the application, draft determination or proposed variation notice
;
g
In paragraph 10 —
i
in sub-paragraph (a) after the word “application” where it first appears insert the words “or provide its draft determination”;
ii
in sub-paragraph (b) —
aa
after the words “determine the application” insert the words “or to provide a draft determination”;
bb
for the words “paragraph 7(1)(a)” substitute the words “paragraph 7(2)(a)”;
h
After paragraph 11, insert a new paragraph as follows —
11A
Any representations on the draft determination made in the member State to which the draft determination has been sent, which have been received by the Secretary of State within the period of 22 working days from the date of his receipt of the draft determination from the regulator, shall be forwarded to the regulator within the period of 3 working days beginning on the day after that period ends.
;
i
For paragraph 12, substitute the following new paragraph —
12
1
For the purposes of Part 2 of this Schedule “working day” has the same meaning as in paragraph 19(1) of Schedule 4.
2
In paragraphs 9 to 11 and 11A, “member State” shall be taken to include Norway, Iceland and Liechtenstein.
.
5
In Schedule 9 (Registers) after paragraph 1(bb) insert a new sub-paragraph (cc) as follows —
cc
all particulars of any advertisement under paragraph 15A of Schedule 4 or paragraph 7A of Schedule 7, the information specified in paragraphs 15B of Schedule 4 or 6A or 7B of Schedule 7 and all particulars of any representations made by any person in response to such an advertisement, other than representations which the person who made them requested should not be placed in the register.
.
Transitional Provisions
3
1
These Regulations shall not apply in relation to —
a
an application for a permit under regulation 10 or an application for the variation of the conditions of a permit under regulation 17(2) of the 2000 Regulations made; or
b
a variation notice which has been served on the operator pursuant to paragraph 4(5)(c) of Part 2 of Schedule 7 to the 2000 Regulations,
before the date of coming into force of these Regulations, and the procedure prescribed by the 2000 Regulations immediately before these Regulations came into force shall continue to apply in relation to any such application or variation notice.
2
For the purposes of this regulation “the 2000 Regulations” means the Pollution Prevention and Control (England and Wales) Regulations 2000.
Jim Knight
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
2nd June 2005


type: legislation

jurisdiction: UK

text:
Title, extent and commencement
1
1
These Regulations may be cited as the Animal Health Act 1981 (Amendment) Regulations 2005.
2
They extend to England and Wales and come into force on 10th January 2006.
Amendment to the Animal Health Act 1981
2
Before paragraph 3 of Schedule 3 to the Animal Health Act 1981 (but after the cross-heading “Foot-and-mouth disease”) insert —
2A
1
This paragraph applies to any premises which are declared by the relevant authority to be infected premises under any provision which gives effect in relation to England or Wales to Council Directive 2003/85/ EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease .
2
Subject to sub-paragraphs (3) and (5), the relevant authority must cause to be slaughtered all susceptible animals kept on the premises.
3
The relevant authority may decide not to slaughter susceptible animals kept in —
a
a laboratory, zoo, wildlife park or other premises where animals are kept principally for the purposes of display and education of the public, or an enclosed area principally used for shooting; or
b
premises not falling within (a) of a body, institute or centre which —
i
keeps animals only for the purposes of conservation, display and education of the public, or scientific research or breeding of such animals for research, and
ii
is approved by the relevant authority in relation to those animals in accordance with any provision which gives effect in relation to England or Wales to Article 13(2) of Council Directive 92/65/ EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Directive 90/425/EEC ; or
c
other premises where susceptible animals are kept for scientific purposes or purposes related to conservation of species or farm animal genetic resources.
4
Before considering a decision not to slaughter susceptible animals under sub-paragraph (3), the relevant authority must be satisfied that —
a
basic European Community interests are not endangered (and in particular it shall take into account any threat of the spread of foot-and-mouth disease to other member States); and
b
adequate measures are in place to prevent any risk of spreading foot-and-mouth disease virus.
5
If the premises consist of two or more separate production units (by virtue of a declaration under sub-paragraph (6)), the relevant authority may decide not to slaughter susceptible animals kept on free units of those premises.
6
The relevant authority may by notice served on the occupier declare in respect of any premises that those premises are to be regarded as two or more separate production units.
7
A declaration under sub-paragraph (6) shall not be made unless the Chief Veterinary Officer has advised the relevant authority at the time of a veterinary inquiry into the premises that in her opinion —
a
the structure, including the administration, and size of the premises allow in each separate unit for a complete separation of housing and keeping (including air space) for their susceptible animals;
b
the operations on each separate unit, and in particular stable and pasture management, milking, feeding, and removal of dung or manure are completely separated and carried out by different personnel;
c
the machinery, non-susceptible working animals, equipment, installations, instruments and disinfection facilities used in each separate unit are completely separate; and
d
each of paragraphs (a)-(c) has applied continuously for at least —
i
28 days immediately prior to the earliest date on which the premises were infected with foot-and-mouth disease, if only bovine animals or swine have been kept on the premises within that period, or
ii
42 days immediately prior to that date, in any other case.
8
A declaration under sub-paragraph (6) shall identify, and designate the boundaries of, each separate unit and shall declare every separate unit which is free of disease to be a free unit.
9
A unit shall cease to be a free unit if the relevant authority serves a notice on the occupier —
a
varying the declaration in respect of it under sub-paragraph (6) such that it is no longer declared to be a free unit; or
b
revoking that declaration.
10
The relevant authority shall for animals slaughtered under this paragraph pay compensation as follows —
a
where the animal slaughtered was affected with foot-and-mouth disease the compensation shall be the value of the animal immediately before it became so affected;
b
in every other case the compensation shall be the value of the animal immediately before it was slaughtered.
11
In this paragraph —
“Chief Veterinary Officer” means the Chief Veterinary Officer appointed by the relevant authority;
“relevant authority” means —
in relation to premises in England, the Secretary of State,
in relation to premises in Wales, the National Assembly for Wales, and
in relation to premises which are situated partly in England and partly in Wales, either the Secretary of State or the National Assembly for Wales, as they agree between them (or, in the absence of agreement, the Secretary of State);
“susceptible animal” means a cow, sheep, goat, deer, camel, llama, alpaca, guanaco, vicuna, any other ruminant or any swine (that is, a member of the suborder Suina of the order Artiodactyla ).
3
In sub-paragraph (1) of paragraph 3 of that Schedule after “in any case” insert “also”.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
14th December 2005
Signed on behalf of the National Assembly for Wales
D. Elis-Thomas
The Presiding Officer of the National Assembly
14th December 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Housing (Right to Buy) (Prescribed Forms) (Amendment) (England) (No.2) Regulations 2005 and shall come into force on 4 th July 2005.
2
These Regulations apply in relation to dwelling-houses in England only.
Amendment of Regulations
2
The Housing (Right to Buy) (Prescribed Forms) Regulations 1986 are amended by the substitution, for the form set out in Schedule 2, of the form set out in the Schedule to these Regulations.
Signed by authority of the First Secretary of State
Yvette Cooper
Minister of State, Office of the Deputy Prime Minister
29th June 2005


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the Pension Protection Fund (PPF Ombudsman) Order 2005 and shall come into force on 6 th April 2005.
2
In this Order “ the Act ” means the Pensions Act 2004.
3
Article 2(a) of this Order extends to Northern Ireland.
Remuneration, compensation, pension, allowances and reimbursement
2
The Secretary of State may —
a
pay to or in respect of the PPF Ombudsman, or a Deputy PPF Ombudsman , such amounts by way of remuneration, compensation for loss of office, pension and allowances, or make provision for any such payments, as the Secretary of State may determine; and
b
reimburse the PPF Ombudsman, or a deputy PPF Ombudsman, in respect of any expenses incurred by him in the performance of his functions.
Staff of the PPF Ombudsman
3
1
The PPF Ombudsman may, with the approval of the Secretary of State as to numbers, appoint such persons to be members of his staff as the PPF Ombudsman considers appropriate.
2
Any such appointments are to be made on such terms and conditions as are determined by the PPF Ombudsman with the approval of the Secretary of State.
Additional staff and facilities
4
1
The Secretary of State may make available to the PPF Ombudsman such additional staff and such other facilities as he considers appropriate.
2
The availability of such staff and facilities may be on such terms as to payment by the PPF Ombudsman as the Secretary of State may determine.
Delegation of functions
5
1
Except as provided by paragraph (2), any function of the PPF Ombudsman may be delegated to and performed by —
a
a member of staff appointed by the PPF Ombudsman in accordance with article 3; or
b
an additional member of staff made available to him by the Secretary of State in accordance with article 4, who is authorised to perform that function by the PPF Ombudsman.
2
The PPF Ombudsman must not delegate —
a
the determination of a reviewable matter referred to him by virtue of regulations made under section 213 of the Act (reference of reviewable matter to the PPF Ombudsman);
b
the determination of a complaint of maladministration referred to him by virtue of regulations made under section 214 of the Act (investigation by the PPF Ombudsman of complaints of maladministration);
c
the referral of a question of law under section 215 of the Act (referral of questions of law);
d
the decision to publish a report under section 216 of the Act (publishing reports etc );
e
the certification of an offence under section 218(2) of the Act (obstruction etc of the PPF Ombudsman).
Power to obtain information
6
In conducting an investigation in accordance with regulations made under section 213 or 214 of the Act the PPF Ombudsman may require any person who in his opinion is able to furnish information or produce documents necessary for the purposes of the investigation to furnish any such information or produce any such documents.
Restrictions on the disclosure of information
7
1
The PPF Ombudsman must not disclose any information which he obtains for the purposes of an investigation under section 213 or 214 of the Act unless —
a
the disclosure is to a person specified in paragraph (2); and
b
the PPF Ombudsman considers that disclosure would enable or assist that person to discharge his functions.
2
The persons specified in this paragraph are —
a
the Board;
b
the Regulator;
c
the Pensions Compensation Board ;
d
the Pensions Ombudsman ;
e
the Financial Services Authority ;
f
any government department (including a Northern Ireland department);
g
a person appointed under —
i
section 167 of the Financial Services and Markets Act 2000 (appointment of persons to carry out general investigations);
ii
subsection (3) or (5) of section 168 of that Act (appointment of persons to carry out investigations in particular cases); or
iii
section 284 of that Act (power to investigate),
to conduct an investigation;
h
an inspector appointed under Part XIV of the Companies Act 1985 or under Part XV of the Companies (Northern Ireland) Order 1986 ;
i
a body designated under section 326(1) of the Financial Services and Markets Act 2000 (designation of professional bodies); and
j
a recognised investment exchange or recognised clearing house (as defined by section 285 of that Act) (exemption for recognised investment exchanges and clearing houses).
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
15th March 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Stakeholder Pension Schemes (Amendment) Regulations 2005 and shall come into force on 6th April 2005.
2
In these Regulations, a reference to a numbered regulation is to the regulation bearing that number in the Stakeholder Pension Schemes Regulations 2000 .
Amendment of provisions relating to interpretation
2
1
Regulation 1 (citation, commencement and interpretation) shall be amended as follows.
2
In paragraph (3) —
a
for the definition of “dilution levy” substitute —
“dilution levy” has the meaning given by the FSA Handbook;
;
b
after the definition of “dilution levy” insert —
“the FSA Handbook” means the handbook made by the Financial Services Authority under section 153 of the Financial Services and Markets Act 2000 ;
;
c
after the definition of “insurer” insert —
“lifestyling” has the meaning given by regulation 10A(5);
;
d
omit the definition of “investment trust”, and
e
in the definition of “securities”, omit the words “but does not include shares in an investment trust”.
3
For paragraph (4) substitute —
4
Where these Regulations provide for the trustees or manager of a scheme to notify or give notice to a member of the scheme (including notice to be given in writing), or to provide, furnish or make available to a member any statement or declaration, the Regulations shall be taken to include provision for sending the notification, notice, statement or declaration electronically to an electronic address notified by the member for that purpose, and references to sending it by whatever means to a member’s last known address shall be taken to include sending it electronically to his last known electronic address.
4A
In paragraph (4), “member” includes “beneficiary”.
.
4
Omit paragraph (8).
Amendment of provisions relating to winding-up
3
1
Regulation 6 (procedure for discharging rights on winding-up) shall be amended as follows.
2
In paragraph (5) —
a
after “paragraph (4)”, omit “(a) or (b)”, and
b
in sub-paragraph (a), before “that” insert “where sub-paragraph (a) or (b) of paragraph (4) applies,”.
3
In paragraph (6) —
a
omit sub-paragraph (b), and
b
in sub-paragraph (c) —
i
after “paragraph (4)”, omit “(a) or (b)”, and
ii
for “in the terms set out in”, substitute “in accordance with”.
Amendment of provisions relating to investments
4
1
Regulation 8 (requirement applying to all stakeholder pension schemes as regards investments) shall be amended as follows.
2
In both paragraph (4) and paragraph (5), for “have scheme assets that are represented by” substitute “directly hold, for the purposes of the scheme,”.
New provisions relating to investments
5
The following regulations shall be inserted after regulation 10 —
Requirement as regards the investment strategy for members nearing retirement
10A
1
Subject to regulation 10B, for the purposes of section 1(1)(b) it shall be a condition of a scheme being a stakeholder pension scheme that the requirements of this regulation are complied with.
2
Except in so far as paragraph (3) and regulation 10C provide otherwise, the trustees or manager of a scheme shall make the rights of a member under the scheme subject to lifestyling if the member has made no choice as regards any investment made under the scheme on his behalf.
3
Paragraph (2) does not apply in relation to the rights of a person who became a member of the scheme before 6th April 2005 unless he requests that his rights should be made subject to lifestyling, in response to the notification provided for in regulation 10D(3).
4
Where the amount representing the value of a member’s rights is divided into different tranches, in respect of which different retirement dates are specified, paragraph (2) applies separately in relation to the member’s rights regarding each tranche.
5
In these Regulations, “lifestyling” means the process, applied from the relevant date and continuing until the member’s retirement date, by which an investment strategy is adopted by the trustees or manager which aims progressively to reduce the potential for significant variation in the value of the member’s rights caused by market conditions from time to time.
6
In paragraph (5), “the relevant date” means a date chosen by the trustees or manager, which is at least five years before the member’s retirement date, or which is —
a
in the case of a member who joins the scheme less than five years before his retirement date, as soon as is reasonably practicable after he becomes a member, and
b
in the case of a member whose retirement date is varied so as to become a date less than five years before the date of the variation, as soon as is reasonably practicable after the date of the variation.
Exclusion of regulation 10A in relation to a scheme
10B
1
If, before 6th April 2005, the trustees or manager of a scheme resolved that no new member should be admitted to the scheme on or after that date —
a
regulation 10A shall not apply to the scheme, and
b
it shall be a condition of the scheme being a stakeholder pension scheme that no new member is admitted.
2
Sub-paragraphs (a) and (b) of paragraph (1) shall cease to apply to a scheme if a resolution of the kind specified in that paragraph is revoked by a further resolution of the trustees or manager of the scheme on or after 6th April 2005.
Transitional provisions relating to regulation 10A
10C
If, before 6th April 2005, the Occupational Pensions Regulatory Authority received a letter from the trustees or manager of a scheme stating the intention —
a
to establish, by 6th April 2006, arrangements to make the rights of any person who —
i
becomes a member of the scheme on or after 6th April 2005 and before 6th April 2006, and
ii
has made no choice as regards any investment made under the scheme on his behalf,
subject to lifestyling, and
b
to establish, by 6th October 2007, arrangements to make the rights of any person who —
i
became a member of the scheme before 6th April 2005, and
ii
has requested that his rights should be made subject to lifestyling, in response to the notification provided for in regulation 10D(3),
subject to lifestyling,regulation 10A(2) does not apply in relation to the rights of a person of the kind described in sub-paragraph (a) until 6th April 2006, or in relation to the rights of a person of the kind described in sub-paragraph (b) until 6th October 2007.
Notification requirements connected with regulations 10A and 10B
10D
1
For the purposes of section 1(1)(b) it shall be a condition of a scheme being a stakeholder pension scheme that the requirements of this regulation are complied with.
2
The trustees or manager of the scheme shall notify the Pensions Regulator of any resolution of the kind specified in regulation 10B(1) by 4th July 2005, and of any resolution of the kind specified in regulation 10B(2) within three months after the date of the resolution.
3
If regulation 10A applies to the scheme, the trustees or manager shall notify every member of the scheme —
a
who became a member before 6th April 2005;
b
who has made no choice as regards any investment made under the scheme on his behalf, and
c
whose rights are not already subject to lifestyling,
in accordance with paragraph (4).
4
The notification provided for in paragraph (3) must —
a
inform the member —
i
of the purpose of lifestyling, and the manner in which it is provided for under the scheme;
ii
of the potential advantages and disadvantages to the member of applying lifestyling to his rights, and
iii
that his rights will be made subject to lifestyling if he so requests, and
b
be given before 6th April 2007, or, in a case where regulation 10A applies to the scheme by virtue of a resolution under regulation 10B(2), within two years of the date of that resolution.
5
If, by virtue of a resolution of the kind specified in regulation 10B(1), regulation 10A does not apply to the scheme, the trustees or manager shall notify every member of the scheme who has made no choice as regards any investment made under the scheme on his behalf in accordance with paragraph (6).
6
The notification provided for in paragraph (5) must —
a
inform the member —
i
of the purpose of lifestyling, and the fact that it is not provided for under the scheme, and
ii
that, if he so requests, his rights under the scheme can be transferred to another stakeholder pension scheme of his choice under which lifestying is provided for, and
b
be given before 6th April 2007.
7
At least four months, but no more than two years, before applying lifestyling to the rights of a member whose rights are subject to lifestyling (or, where this is not reasonably practicable, as soon before applying lifestyling as is reasonably practicable), the trustees or manager shall notify the member of the fact that his rights are subject to lifestyling and of the date from which lifestyling will be applied.
Changes notified by members
10E
Where —
a
the rights of a member of a scheme have been made subject to lifestyling;
b
the application of lifestyling to those rights has not begun, and
c
the member either —
i
makes a choice as regards any investment made under the scheme on his behalf, or
ii
notifies the trustees or manager of the scheme that he does not wish his rights to be subject to lifestyling,
the rights of the member shall cease to be subject to lifestyling.
2
Where —
a
the application of lifestyling to the rights of a member of a scheme has begun, and
b
the member notifies the trustees or manager of the scheme that he wishes to specify a different retirement date,
the trustees or manager may opt to continue the application of lifestyling as if the member’s retirement date were unchanged.
.
Amendment of provisions relating to charges
6
1
Regulation 13 (expenses, commission etc. — principles) shall be amended as follows.
2
In paragraph (1), after “regulation 14” insert “or 14B”.
3
In paragraph (2)(b), for the words from “their obligations” to the end substitute “an order of the court”.
4
In paragraph (3), for “regulation 14” substitute “regulations 14 and 14B”.
New provisions relating to charges
7
1
The following regulations shall be substituted for regulation 14 (charges etc. — permitted reductions in members' rights) —
Charges etc. — permitted reductions in members' rights
14
1
The value of a member’s rights under the scheme may be reduced in the circumstances, and to the extent, set out in paragraphs (2) to (5) of this regulation.
2
To the extent that a member’s rights are represented by a fund allocated to him to the exclusion of other members, the value of those rights may be reduced by the making of deductions from that fund which, when added to the amount of any indirect charges attributable to the member’s rights, are no greater than, at the choice of the trustees or manager —
a
the relevant percentage of its value for each day on which it is held for the purposes of the scheme, or
b
the proportion attributable to that fund of the relevant percentage of the value of all members' funds held for the purposes of the scheme for each day on which the fund is so held.
3
To the extent that a member’s rights are represented by a share of funds held for the purposes of the scheme, the amount of that share not being determined by reference to a discretion exercisable by any person, the value of those rights may be reduced by the making of deductions from that share which, when added to the amount of any indirect charges attributable to the member’s share, are no greater than, at the choice of the trustees or manager —
a
the relevant percentage of its value for each day on which it is held for the purposes of the scheme, or
b
the proportion attributable to the member’s share of the relevant percentage of the value of the funds for each day on which the share is held.
4
To the extent that a member’s rights are represented by rights in a with-profits fund, the value of those rights may be reduced by the making of deductions from the with-profits fund which, when added to the amount of any indirect charges attributable to the member’s rights, are no greater than, at the choice of the trustees or manager —
a
the relevant percentage of the value of the member’s rights in the fund for each day on which it is held for the purposes of the scheme, or
b
the proportion attributable to the member’s rights of the relevant percentage of the value of such part of the fund as is allocated to the rights of members for each day on which the member has rights in the fund.
5
The value of a member’s rights under the scheme may be reduced —
a
where administrative expenses are incurred by the trustees or manager in —
i
the purchase or provision of an annuity for the member in accordance with the scheme, or
ii
the making of payments of income (otherwise than by way of an annuity) to a member under arrangements made in accordance with the scheme,
by the amount of those expenses;
b
by such amount, and in such manner, as is permitted by regulations under section 24 or 41 (charges in respect of pension sharing costs);
c
where an order of the court provides for the recovery by the trustees or manager of costs incurred in complying with the order, by the amount of those costs;
d
where any charges are incurred by the trustees or manager, directly or indirectly, in connection with the sale or purchase of investments held for the purposes of the scheme, by the amount of such of those charges as —
i
are attributable to the member’s rights, and
ii
are not the subject of an election by the trustees or manager under regulation 14B(1)(b);
e
where any charges or expenses are incurred by the trustees or manager directly or indirectly in maintaining or repairing any land or buildings in which the fund is invested, or in connection with the collection of rent, service charge or other sums due under the terms of a lease from occupiers of any such land or buildings, by the amount of such of those charges or expenses as —
i
are attributable to the member’s rights, and
ii
are not the subject of an election by the trustees or manager under regulation 14B(1)(b);
f
by the amount of any dilution levy charged, or, in the case of rights represented by rights in a with-profits fund, by the amount of any market value adjustment occurring in relation to the fund;
g
where the member is the transferor for the purposes of section 29 (pension sharing: creation of pension debits and credits), by the amount of any payment made to discharge the liability of the trustees or manager in respect of a credit within the meaning of that section, and
h
by the amount of any payment made for the purpose of returning excessive contributions made in relation to the member, in accordance with the arrangements that the scheme must have in order to be approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act (pension schemes, social security benefits, life annuities, etc.).
6
In paragraphs (2) to (4), “indirect charges” means management charges deducted from a fund in which a fund held for the purposes of the scheme is invested, directly or indirectly.
7
For the purposes of paragraphs (2) to (4), “the relevant percentage” means —
a
in the case of an established member, 1/365 per cent.;
b
in the case of a new member —
i
during the period of 10 years beginning with the day on which the first payment is made to the scheme by or on behalf of the member, or, in a case where an amount is credited to the member’s account in respect of a credit within the meaning of section 29 before any payment is made, the day on which that amount is credited, 3/730 per cent.,
ii
otherwise 1/365 per cent.
8
In this regulation and regulation 14A —
“an established member” means a person who first acquired rights under the scheme before 6th April 2005 and has maintained rights under it since that date, and
“a new member” means a person who first acquired rights under the scheme on or after 6th April 2005, or who reacquired such rights after that date having previously transferred all of his accrued rights under the scheme to another pension scheme or arrangement.
9
Where the value of any member’s rights is reduced by reference to an amount of charges or expenses of a kind referred to in paragraph (5)(d) or (e), then, for the purposes of calculating any reduction under paragraph (2), (3) or (4) above, the funds held by the scheme are to be calculated after the deduction of any such amount.
Valuations for the purposes of regulation 14
14A
1
For the purposes of paragraphs (2)(a), (3)(a) and (4)(a) of regulation 14, the rights of members must be valued daily, weekly or monthly, but the frequency with which the rights of established members are valued may be different from that with which the rights of new members are valued.
2
For the purposes of paragraphs (2)(b), (3)(b) and (4)(b) of regulation 14, the funds of the scheme must be valued daily.
3
Both —
a
the frequency, or different frequencies, with which rights are to be valued for the purposes of paragraphs (2)(a), (3)(a) and (4)(a) of regulation 14, and
b
where valuation is to take place weekly or monthly, the day of the week or, as the case may be, the date in the month on which it is to take place,
must be specified in writing by the trustees or manager of the scheme; and the specification may not be amended during the period of 12 months after the date on which it is made.
4
When calculating the value of a member’s rights for the purposes of paragraphs (2)(a), (3)(a) or (4)(a) of regulation 14, where it has been specified under paragraph (3) above that such rights are to be valued weekly or monthly —
a
where the rights are to be valued weekly, they are to be valued on such day of the week (“the specified day”) as has been so specified by the trustees or manager (except that, where that day is not a working day, the rights are to be valued on the next working day), and the value of the rights on each subsequent day prior to the next specified day is to be taken to be the value of the rights on the previous specified day, and
b
where the rights are to be valued monthly, they are to be valued on such date in each month (“the specified date”) as has been so specified by the trustees or manager (except that, where that date is not a working day, the rights are to be valued on the next working day), and the value of the rights on each subsequent day prior to the next specified date is to be taken to be the value of the rights on the previous specified date.
Charges etc. — permitted reductions in funds
14B
1
The value of a fund held for the purposes of the scheme may be reduced where any charges or expenses are incurred in the circumstances specified in regulation 14(5)(d) or (e) and are either —
a
not attributable to the rights of a member under the scheme, or
b
attributable to such rights but the subject of an election by the trustees or manager to recover charges or expenses by way of a reduction of the value of the fund rather than by way of a reduction of the value of the member’s rights,
by the amount of those charges or expenses.
2
Where the value of a fund is reduced by reference to an amount referred to in paragraph (1), then, for the purposes of calculating any reduction in the member’s rights under paragraph (2), (3) or (4) of regulation 14, the value of those rights is to be calculated after the deduction of that amount.
Rounding of fractional amounts
14C
For the purposes of any calculation under regulation 14 or 14B, values and amounts may be determined, at the option of the trustees or manager, by rounding down any fraction of a penny less than one half and rounding up any other such fraction.
.
2
In regulation 3(4), for “or 14” substitute “, 14 or 14B”.
3
In each of the following provisions, for “and 14” substitute “, 14 and 14B” —
a
regulation 12(5)(a)(i) and (d)(i) ;
b
regulation 15(4)(a);
c
regulation 16(a)(i), and
d
regulation 18(6).
Amendment of provisions relating to with-profit funds
8
1
Regulation 15 (requirement for trustees or manager to satisfy certain conditions in relation to with-profit funds) shall be amended as follows.
2
In paragraph (3)(c), for “company” substitute “insurer”.
3
In paragraph (4), omit “appointed”.
4
For paragraph (6) substitute —
6
In this regulation, the “actuary to the insurer” means a person appointed to perform, in relation to the insurer, either or both of the functions specified in paragraph 4.3.1 of the Supervision Manual which is part of the FSA Handbook.
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
9th March 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government (Best Value) Performance Indicators and Performance Standards (England) Order 2005 and shall come into force on 1st April 2005.
2
In this Order —
“ the Act ” means the Local Government Act 1999;
“ DEFRA ” means the Department for the Environment, Food and Rural Affairs;
“ DETR ” means the Department of the Environment, Transport and the Regions;
“ ODPM ” means the Office of the Deputy Prime Minister;
“development” has the same meaning as in section 55 of the Town and Country Planning Act 1990 ;
“disabled person” has the same meaning as in section 1 of the Disability Discrimination Act 1995 ;
“ethnic minority communities” means communities which are composed of people from any of the following ethnic backgrounds: Caucasian and Black African, Caucasian and Black Caribbean, Caucasian and Asian, any other mixed race background, Indian, Pakistani, Bangladeshi, any other Asian background, Black Caribbean, Black African, any other Black background, Chinese.
“fire and rescue authority” means a fire and rescue authority within the meaning of section 1 of the Fire and Rescue Services Act 2004 ;
“highway authority” has the meaning as in section 1(2) and (3) of the Highways Act 1980 ;
“intentionally homeless” has the meaning as in section 191 of the Housing Act 1996 ;
“major planning application” means a planning application for development involving any one of the following —
the winning and working of minerals or the use of land for mineral-working deposits;
waste development;
the provision of dwelling houses where —
the number of dwelling-houses 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;
“minor planning application” means a planning application that is neither a major nor an other planning application;
“other planning application” means the following planning applications: mineral application other than those which are classed as major applications, consents to alter, householder developments, change of use of a building, advertisements, extensions or demolition of listed buildings, conservation area consents;
“port health authority” is an authority or board constituted as a port health authority by an order under section 2 of the Public Health (Control of Disease) Act 1984 ;
“principal council” means a council elected for a principal area as defined in section 270 of the Local Government Act 1972 ;
“priority need for accommodation” has the meaning given in section 189 of the Housing Act 1996;
“unitary council” means a district council or a county council which is the sole principal council for its local government area;
“waste authority” means a waste collection authority or a waste disposal authority;
“waste collection authority” has the same meaning as in section 30(3) of the Environment Protection Act 1990 ;
“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;
“youth work” means a service providing activities for young people directly funded by a local authority.
3
In this Order —
a
a reference to a numbered indicator or standard in a particular Schedule is to the indicator or standard so numbered in column 1 of that Schedule and which is described in column 2 of that Schedule;
b
a reference to a numbered Schedule is a reference to the Schedule to this Order bearing that number.
Application
2
This Order applies to best value authorities in England, except police authorities.
General corporate health performance indicators
3
1
The performance of the best value authorities specified in paragraph (2), in exercising all of their functions, shall be measured by reference to indicators 1to 12 in Schedule 1.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
district councils;
b
the Council of the Isles of Scilly;
c
London borough councils;
d
the Common Council of the City of London, in its capacity as a local authority; and
e
county councils which are unitary councils.
3
The performance of the best value authorities specified in paragraph (4), in exercising all of their functions, shall be measured by reference to indicators 1,2, and 5 to 12 in Schedule 1.
4
The best value authorities specified for the purposes of paragraph (3) are —
a
the Greater London Authority;
b
Transport for London;
c
the London Development Agency; and
d
county councils which are not unitary councils.
5
The performance of National Park authorities and the Broads Authority, in exercising all of their functions, shall be measured by reference to indicators 1, 2 and 6 to 12 in Schedule 1.
6
The performance of fire and rescue authorities, in exercising all of their functions, shall be measured by reference to indicators 1, 2,5,6,8,9,10 and 12 in Schedule 1.
7
The performance of waste disposal authorities established under section 10 of the Local Government Act 1985 , in exercising all of their functions, shall be measured by reference to indicators 2 and 5 to 12 in Schedule 1.
8
The performance of metropolitan county passenger authorities, in exercising all of their functions, shall be measured by reference to indicators 1, 2 and 5 to 10 of Schedule 1.
Performance indicators for education
4
1
The performance of the best value authorities specified in paragraph (2), in exercising their education functions, shall be measured by reference to the indicators in Schedule 2.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
the Council of the Isles of Scilly;
c
the Common Council of the City of London in its capacity as a local authority;
d
London borough councils;
e
metropolitan district councils; and
f
non-metropolitan councils which are unitary councils.
Performance indicators for the health and social care of children
5
1
The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to the health and social care of children, shall be measured by reference to the indicators in Schedule 3.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
the Council of the Isles of Scilly;
c
the Common Council of the City of London in its capacity as a local authority;
d
London borough councils;
e
metropolitan district councils; and
f
non-metropolitan councils which are unitary councils.
Performance indicators for the health and social care of adults
6
1
The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to the health and social care of adults, shall be measured by reference to the indicators in Schedule 4.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
the Council of the Isles of Scilly;
c
the Common Council of the City of London in its capacity as a local authority;
d
London borough councils;
e
metropolitan district councils; and
f
non-metropolitan councils which are unitary councils.
Performance indicators for housing and housing related services
7
1
The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to housing and housing related services, shall be measured by reference to the indicators in Schedule 5.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
the Council of the Isles of Scilly;
b
the Common Council of the City of London in its capacity as a local authority;
c
London borough councils;
d
district councils; and
e
county councils which are unitary councils.
3
For the purposes of the indicators specified in Schedule 5 “residential accommodation” includes caravans, mobile homes and houseboats.
Performance indicators for homelessness
8
1
The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to dealing with homelessness, shall be measured by reference to the indicators in Schedule 6.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
the Council of the Isles of Scilly;
b
the Common Council of the City of London in its capacity as a local authority;
c
London borough councils;
d
district councils; and
e
county councils which are unitary councils.
Performance indicators for housing benefit and council tax benefit
9
1
The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to housing benefit and council tax benefit, shall be measured by reference to the indicators in Schedule 7.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
the Council of the Isles of Scilly;
b
the Common Council of the City of London in its capacity as a local authority;
c
London borough councils;
d
district councils; and
e
county councils which are unitary councils.
Performance indicators for waste and cleanliness
10
1
The performance of waste disposal authorities in exercising all of their functions shall be measured by reference to indicators 1 to 5 and 7 in Schedule 8.
2
The performance of waste collection authorities in exercising all of their functions shall be measured by reference to indicators 1, 2,5,6,8 and 9 in Schedule 8.
Performance standards for waste authorities
11
1
A waste authority which is not specified in Schedule 10 and which achieved, in the financial year beginning on 1st April 1998, a recycling and composting rate specified in column (1) of Schedule 9 shall, in relation to indicators 1 and 2 in Schedule 8 (taken together), meet for the financial year beginning on 1st April 2005 the standard specified in column (2) to that Schedule.
2
For the purposes of this article, the recycling and composting rate for a waste authority is that which is set out for the authority in the document published by the DETR entitled “Guidance on Municipal Waste Management Strategies” ; and an authority which is stated in the document to have failed to supply to DEFRA adequate details of the recycling and composting rates is treated for the purposes of paragraph (1) of this Article and Schedule 9 as having a recycling and composting rate of 13% or more.
Performance standards for specific waste authorities
12
The waste authorities specified in column (1) of Schedule 10 shall, in relation to indicators 1 and 2 of Schedule 8 (taken together), meet, for the financial year beginning on 1st April 2005, the standard specified in column (2) to Schedule 10.
Performance indicators for transport
13
1
The performance of best value authorities specified in paragraph (2), in exercising their transport functions, shall, subject to paragraph (3), be measured by reference to all the indicators in Schedule 11.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
the Common Council of the City of London in its capacity as a local authority;
c
non-metropolitan district councils which are unitary councils; and
d
Council of the Isles of Scilly.
3
The performance of metropolitan district councils, in exercising their transport functions, shall be measured by reference to indicators 1 to 9 in Schedule 11.
4
The performance of Transport for London, in exercising its transport functions, shall be measured by reference to indicators 1 and 3 to 9 in Schedule 11.
5
The performance of London borough councils in exercising their transport functions shall be measured by reference to indicators 1 to 4 and 6 to 9 in Schedule 11.
6
The performance of metropolitan county passenger transport authorities in exercising their transport functions shall be measured by reference to indicator 5 in Schedule 11.
Performance indicators for the environment, environmental health and trading standards
14
1
The performance of best value authorities specified in paragraph (2), in exercising their functions relating to the environment, environmental health, and trading standards, shall be measured by reference to all the indicators in Schedule 12.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
the Common Council of the City of London in its capacity as a local authority;
b
London borough councils;
c
district councils; and
d
county councils which are unitary councils.
3
The performance of county councils which are not unitary councils and the Council of the Isles of Scilly, in exercising their functions relating to the environment, environmental health and trading standards, shall be measured by reference to indicators 1 to 3 in Schedule 12.
4
The performance of port health authorities, in exercising their functions relating to the environment shall be measured by reference to indicator 2 in Schedule 12.
Performance indicators for planning
15
1
The performance of the best value authorities specified in paragraph (2), in exercising their planning functions, shall be measured by reference to the indicators in Schedule 13.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
the Council of the Isles of Scilly;
b
the Common Council of the City of London in its capacity as a local authority;
c
London borough councils;
d
district councils; and
e
county councils which are unitary councils.
3
The performance of the Broads Authority and the National Park authorities, in exercising their planning functions, shall be measured by reference to indicators 1, 2 and 4 to 6 in Schedule 13.
4
The performance of county councils which are not unitary councils, in exercising their planning functions, shall be measured by reference to indicators 2 and 4 in Schedule 13.
Performance standards for major planning applications
16
1
The best value authorities specified in paragraph (4) shall, in relation to indicator 2(a) (major applications) in Schedule 13, meet the standard in paragraph (2).
2
During the financial year, the authority shall determine 57 percent of major planning applications within a period of thirteen weeks, beginning on the day immediately following the date on which a valid application is received by the authority.
3
For the purposes of this article and articles 17 and 18 —
a
an application is deemed to be determined on the date on which a decision in request of the application is dispatched to the applicant; and
b
a “valid application” means an application that the authority does not consider to be invalid by reason of a failure to comply with the requirements of regulation 3 of Town and Country Planning (Applications) Regulations 1988 , article 4 of the Town and Country Planning (General Development Procedure) Order 1995 or any other statutory requirement.
4
The best value authorities specified for the purposes of paragraph (1) are —
Bassetlaw District Council;
Bath & NE Somerset Council;
Berwick-upon-Tweed Borough Council;
Blyth Valley Borough Council;
Bradford Metropolitan District Council;
Burnley Borough Council;
Cambridge City Council;
London Borough of Camden;
Chesterfield Borough Council;
Colchester Borough Council;
Cotswold District Council;
Derby City Council;
Derwentside District Council;
Doncaster Metropolitan Borough Council;
Dudley Metropolitan Borough Council;
East Hertfordshire District Council;
East Northamptonshire District Council;
East Staffordshire Borough Council;
Ellesmere Port and Neston Borough Council;
Fenland District Council;
Harrogate Borough Council;
London Borough of Havering;
Hertsmere Borough Council;
Kirklees Metropolitan Council;
Luton Borough Council;
Maldon District Council;
Melton Borough Council;
Mid Devon District Council;
Mid Suffolk District Council;
North Dorset District Council;
Northampton Borough Council;
Nuneaton & Bedworth Borough Council;
Oxford City Council;
Peterborough City Council;
Plymouth City Council;
Preston City Council;
Redditch Borough Council;
Rugby Borough Council;
Scarborough Borough Council;
Selby District Council;
Slough Borough Council;
South Cambridgeshire District Council;
South Gloucestershire Council;
South Oxfordshire District Council;
South Somerset District Council;
Southampton City Council;
London Borough of Southwark;
Stevenage borough Council;
Stroud District Council;
Suffolk Coastal District Council;
London Borough of Sutton;
Test Valley Borough Council;
Torridge District Council;
Trafford Metropolitan Borough Council;
Uttlesford District Council;
Walsall Metropolitan Borough Council;
London Borough of Wandsworth;
Waverley Borough Council;
Wealden District Council;
Welwyn Hatfield District Council;
West Berkshire Council;
Winchester City Council;
The Royal Borough of Windsor & Maidenhead;
Wokingham District Council;
Wychavon District Council;
City of York.
Performance standards for minor planning applications
17
1
The best value authorities specified in paragraph (3) shall, in relation to indicator 2(b) (minor applications) in Schedule 13, meet the standard in paragraph (2).
2
During the financial year, the authority shall determine 63 percent of minor planning applications within a period of eight weeks beginning on the day immediately following the date on which a valid application is received by the authority.
3
The best value authorities specified for the purposes of paragraph (1) are —
Allerdale Borough Council;
Amber Valley Borough Council;
Berwick-upon-Tweed Borough Council;
Blaby District Council;
Blyth Valley Borough Council;
Boston Borough Council;
Bournemouth Council;
Bracknell Forest Borough Council;
Castle Morpeth Borough Council;
Dudley Metropolitan Borough Council;
East Hertfordshire District Council;
East Northamptonshire District Council;
Eastleigh Borough Council;
Gedling Borough Council;
London Borough of Hackney;
London Borough of Harrow;
Hertsmere Borough Council;
London Borough of Hillingdon;
Lake District National Park;
Maldon District Council;
Melton Borough Council;
Mid Devon District Council;
Mid Suffolk District Council;
Newcastle-under-Lyme Borough Council;
North Dorset District Council;
North Hertfordshire District Council;
North Lincolnshire Council;
Nuneaton and Bedworth Borough Council;
Preston City Council;
Redditch Borough Council;
Salisbury District Council;
Sedgefield Borough Council;
South Holland District Council;
South Somerset District Council;
South Staffordshire District Council;
St Albans City and District Council;
Stafford Borough Council;
Stevenage Borough Council;
Stroud District Council;
Suffolk Coastal District Council;
Sunderland City Council;
Surrey Heath Borough Council;
Tandridge District Council;
Test Valley Borough Council;
Tewkesbury Borough Council;
Torridge District Council;
Trafford Metropolitan Borough Council;
Wakefield Metropolitan District Council;
Walsall Metropolitan Borough Council;
Waveney District Council;
Waverley Borough Council;
Wealden District Council;
Welwyn Hatfield District Council;
West Dorset District Council;
Winchester City Council;
The Royal Borough of Windsor and Maidenhead;
Wyre Borough Council;
City of York.
Performance standard for other planning applications
18
1
The best value authorities specified in paragraph (3) shall, in relation to indicator 2(c) (other applications) in Schedule 13, meet the standard in paragraph (2).
2
During the financial year, the authority shall determine 75 percent of other planning applications within a period of eight weeks beginning on the day immediately following the date on which a valid application is received by the authority.
3
The best value authorities specified for the purposes of paragraph (1) are —
Berwick-upon-Tweed Borough Council
Blyth Valley Borough Council
Boston Borough Council
London Borough of Camden
East Hertfordshire District Council
London Borough of Hackney
London Borough of Hillingdon
Lake District National Park
Mid Devon District Council
Mid Suffolk District Council
Newcastle-under-Lyme Borough Council
North Hertfordshire District Council
Norwich City Council
London Borough of Redbridge
Redditch Borough Council
Sedgefield Borough Council
South Somerset District Council
South Staffordshire District Council
Stafford Borough Council
Stevenage Borough Council
Stroud District Council
Sunderland City Council
Torridge District Council
Trafford Metropolitan Borough Council
West Dorset District Council
The Royal Borough of Windsor and Maidenhead.
Performance indicators for community safety and community well-being
19
1
The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to community safety and community well-being, shall be measured by reference to the indicators in Schedule 14.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
the Council of the Isles of Scilly;
b
the Common Council of the City of London in its capacity as a local authority;
c
London borough councils;
d
district councils; and
e
county councils which are unitary councils.
3
The performance of county councils which are not unitary councils, in exercising their functions in relation to community safety and community well-being, shall be measured by reference to indicators 1 to 5, 7 and 8 in Schedule 14.
Performance indicators for culture and related services
20
1
The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to culture and related services, shall be measured by reference to the indicators 1 to 3 in Schedule 15.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
the Council of the Isles of Scilly;
c
London borough councils;
d
the Common Council of the City of London in its capacity as a local authority; and
e
district councils which are unitary councils.
3
The performance of district councils which are not unitary councils, in exercising their functions in relation to culture and related services, shall be measured by reference to the indicators 1 and 3 in Schedule 15.
4
The performance of the Broads Authority and the National Parks Authorities in exercising their functions in relation to culture and related services, shall be measured by reference to the indicator 3 in Schedule 15.
Performance indicators for fire services
21
The performance of fire and rescue authorities and the Council of the Isles of Scilly, in its capacity as a fire authority, shall be measured by reference to the indicators in Schedule 16.
Revocations
22
The Orders mentioned in the first column of Schedule 17 are hereby revoked to the extent specified in the third column of that Schedule.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State Office of the Deputy Prime Minister
7th March 2005


text:
Title, extent and commencement
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2005, extend to England and Wales and come into force on 26th March 2005.
Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999
2
1
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999 shall be amended in accordance with this regulation.
2
In regulation 2(1), for the definition of the Residues Directives there shall be substituted the following definition:
“the Residues Directives” means Council Directive 86/362/ EEC , Council Directive 86/363/EEC and Council Directive 90/642/EEC , in each case amended as at the date of the making of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2005.
.
3
In Part 2 of Schedule 2, for the columns relating to the pesticides Bifenthrin and Famoxadone there shall be substituted the columns of maximum permitted levels for residues of those pesticides as specified in the Schedule to these Regulations.
D. Elis-Thomas
Presiding Officer National Assembly for Wales
22nd February 2005
Alun Michael
Minister of State
Department for Environment, Food and Rural Affairs
1st March 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the List of Wastes (England) (Amendment) Regulations 2005 and come into force on 15th July 2005.
2
These Regulations apply to England only.
Amendment of the List of Wastes (England) Regulations 2005
2
The List of Wastes (England) Regulations 2005 are amended as follows.
3
In regulation 2(1) —
a
in sub-paragraph (b) for “Council Regulation ( EC ) No. 807/2003 ” substitute “Commission Directive 2004/73/EC ”; and
b
in sub-paragraph (c)(i) omit “(England)”.
4
In regulation 4(n) for “R40 at a concentration = 1 %.” substitute “R68 at a concentration = 1%.”.
5
In the list quoted in Schedule 1 —
a
in chapter 8 insert at the appropriate place in numerical order —
08 01 17* wastes from paint or varnish removal containing organic solvents or other dangerous substances
08 01 18 wastes from paint or varnish removal other than those mentioned in 08 01 17
08 01 19* aqueous suspensions containing paint or varnish containing organic solvents or other dangerous substances
08 01 20 aqueous suspensions containing paint or varnish other than those mentioned in 08 01 19
08 01 21* waste paint or varnish remover
08 01 99 wastes not otherwise specified
; and
b
in chapter 10 insert at the appropriate place in numerical order “10 13 07 sludges and filter cakes from gas treatment 2”.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
23rd June 2005


text:
Citation and Commencement
1
These regulations may be cited as the Unfitness to Stand Trial and Insanity (Royal Navy) Regulations 2005 and shall come into force on 1st July 2005.
Definitions
2
In these regulations —
“the 1983 Act ” means the Mental Health Act 1983 ;
“ the Act ” means the Naval Discipline Act 1957;
“duly approved” has the meaning given in section 63D(1) of the Act;
“local justice area” has the meaning given in section 8 of the Courts Act 2003 and “local justice area concerned” shall be interpreted in accordance with regulation 6(2) below;
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 ;
“local social services authority” has the meaning given in section 145(1) of the 1983 Act;
“local social services authority area” means an area for which a local social services authority is responsible.
Functions of a judge advocate
3
Any functions of the judge advocate under regulations 4, 5, 8, 9 and 11 below which are exercisable after an adjournment or an appeal shall be exercisable by a judicial officer if —
a
the judge advocate ordering the adjournment, or (as the case may be) the Courts-Martial Appeal Court, so orders; or
b
the Judge Advocate of Her Majesty’s Fleet so directs.
Supervision orders
4
1
Where a supervision order is made and the supervised person will reside in England or Wales, the order shall either —
a
specify the local social services authority area in which that person will reside, and require him to be under the supervision of a social worker of the local social services authority for that area; or
b
specify the local justice area in which that person will reside, and require him to be under the supervision of an officer of the local probation board appointed for or assigned to that area.
2
Where the supervised person will reside outside England or Wales, the supervision order shall —
a
specify the Soldiers, Sailors, Airmen and Families Association or such other person as the judge advocate is satisfied is able to provide supervision in accordance with the order; and
b
require the supervised person to be under the supervision of an employee of that person.
Requirement to explain
5
Before the court-martial makes a supervision order, the judge advocate shall explain to the supervised person in ordinary language —
a
the effect of the order (including any requirements proposed to be included in the order in accordance with regulations 8, 9 or 11 below); and
b
that, in accordance with regulation 12 below, either a magistrates' court or judicial officer has power under regulations 13 to 15 below to review the order on the application either of the supervised person or of the supervising officer.
Procedure after making supervision order
6
1
After a supervision order has been made, the court administration officer shall forthwith give a copy of the order to —
a
the supervised person; and
b
the supervising officer.
2
Where the court-martial has made an order to which regulation 4(1) applies, the court administration officer shall also send to the designated officer for the local justice area in which the supervised person will reside (“the local justice area concerned”) —
a
a copy of the order; and
b
such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order.
Requirement for contact with supervising officer
7
Where a supervision order has been made, the supervised person shall keep in touch with the supervising officer in accordance with such instructions as he may from time to time be given by that officer and shall notify him of any change of address.
Requirements as to medical treatment
8
1
A supervision order may, if the judge advocate is satisfied as mentioned in paragraph (2) below, include a requirement that the supervised person shall submit, during the whole of the period specified in the order or during such part of that period as may be so specified, to treatment by or under the direction of a registered medical practitioner with a view to the improvement of his mental condition.
2
The judge advocate may impose such a requirement only if satisfied on the written or oral evidence of two or more registered medical practitioners, at least one of whom is duly approved, that the mental condition of the supervised person —
a
is such as requires and may be susceptible to treatment; but
b
is not such as to warrant the making of a hospital order within the meaning of the 1983 Act.
3
The treatment required under this regulation by any such order shall be one of the following kinds of treatment as may be specified in the order, that is to say —
a
treatment as a non-resident patient at such institution or place as may be specified in the order; and
b
treatment by or under the direction of such registered medical practitioner as may be so specified;
but the nature of the treatment shall not be specified in the order except as mentioned in sub-paragraph (a) or (b) above.
9
1
This regulation applies where the judge advocate is satisfied on the written or oral evidence of two or more registered medical practitioners that —
a
because of his medical condition, other than his mental condition, the supervised person is likely to pose a risk to himself or others; and
b
the condition may be susceptible to treatment.
2
The supervision order may (whether or not it includes a requirement under regulation 8 above) include a requirement that the supervised person shall submit, during the whole of the period specified in the order or during such part of that period as may be so specified, to treatment by or under the direction of a registered medical practitioner with a view to the improvement of the condition.
3
The treatment required under this regulation by any such order shall be one of the following kinds of treatment as may be specified in the order, that is to say —
a
treatment as a non-resident patient at such institution or place as may be specified in the order; and
b
treatment by or under the direction of such registered medical practitioner as may be so specified;
but the nature of the treatment shall not be specified in the order except as mentioned in sub-paragraph (a) or (b) above.
10
1
Where the registered medical practitioner by whom or under whose direction the supervised person is being treated in pursuance of a requirement under regulation 8 or 9 above is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which —
a
is not specified in the order, and
b
is one in or at which the treatment of the supervised person will be by or under the direction of a registered medical practitioner,
he may, with the consent of the supervised person, make arrangements for him to be treated accordingly.
2
Such arrangements may provide for the supervised person to receive part of his treatment as a resident patient in an institution or place of any description.
3
Where any such arrangements are made for the treatment of a supervised person —
a
the medical practitioner by whom the arrangements are made shall give notice in writing to the supervising officer, specifying the institution or place in or at which the treatment is to be carried out; and
b
the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the supervision order.
4
While the supervised person is under treatment as a resident patient in pursuance of arrangements under this regulation, the supervising officer shall carry out the supervision to such extent only as may be necessary for the purpose of the revocation or amendment of the order.
Requirements as to residence
11
1
Subject to paragraph (2) below, a supervision order may include requirements as to the residence of the supervised person.
2
Before the court-martial makes an order containing any such requirement, the judge advocate shall consider the personal circumstances of the supervised person.
Application to have an order revoked or amended
12
1
In the case of a supervision order to which regulation 4(1) above applies, any application made under regulations 13 to 15 below shall be made to a magistrates' court acting for the local justice area concerned.
2
In the case of a supervision order to which regulation 4(2) above applies, any application made under regulations 13 or 15 below shall be made to a judicial officer.
Revocation of order
13
Where a supervision order is in force in respect of any person and, on the application of the supervised person or the supervising officer in accordance with regulation 12 above, it appears to a magistrates' court acting for the local justice area concerned or (as the case may be) a judicial officer that, having regard to circumstances which have arisen since the order was made, it would be in the interests of the health or welfare of the supervised person that the order should be revoked, the magistrates' court or the judicial officer may revoke the order.
Amendment of order by reason of change of residence
14
1
This regulation applies in the case of a supervision order to which regulation 4(1) above applies, where a magistrates' court acting for the local justice area concerned is satisfied that the supervised person proposes to change, or has changed, his residence from the area specified in the order to another local social services authority area or local justice area.
2
Subject to paragraph (3) below, the magistrates' court may, and on the application of the supervising officer shall, amend the supervision order by substituting the other area for the area specified in the order.
3
The magistrates' court shall not amend under this regulation a supervision order which contains requirements which, in the opinion of the court, cannot be complied with unless the supervised person continues to reside in the area specified in the order, unless in accordance with regulation 15 below, it either —
a
cancels those requirements; or
b
substitutes for those requirements other requirements which can be complied with if the supervised person ceases to reside in that area.
Amendment of requirements of order
15
1
Without prejudice to the provisions of regulation 14 above, but subject to paragraph (2) below, a magistrates' court acting for the local justice area concerned or (as the case may be) a judicial officer may, on the application of the supervised person or the supervising officer in accordance with regulation 12 above, by order amend a supervision order —
a
by cancelling any of the requirements of the order; or
b
by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the magistrates' court or judicial officer could include if it or he were the court-martial by which the order was made and were then making the order.
2
The power of a magistrates' court or judicial officer under paragraph (1) above shall not include power to amend an order by extending the period specified in it beyond the end of two years from the day of the original order.
Amendment of requirements in pursuance of medical report
16
1
Where the medical practitioner by whom or under whose direction the supervised person is being treated for his mental condition in pursuance of any requirement of a supervision order —
a
is of the opinion mentioned in paragraph (2) below, or
b
is for any reason unwilling to continue to treat or direct the treatment of the supervised person,
he shall make a report in writing to that effect to the supervising officer and that officer shall apply under regulation 15 above for the variation or cancellation of the requirement.
2
The opinion referred to in paragraph (1) above is —
a
that the treatment of the supervised person should be continued beyond the period specified in the supervision order;
b
that the supervised person needs different treatment, being treatment of a kind to which he could be required to submit in pursuance of such an order;
c
that the supervised person is not susceptible to treatment; or
d
that the supervised person does not require further treatment.
Procedure following revocation of order
17
1
On the making under regulation 13 above of an order revoking a supervision order —
a
where the order under regulation 13 was made by a magistrates' court, the designated officer for the local justice area concerned; or
b
where the order under regulation 13 was made by a judicial officer, the court administration officer,
shall forthwith give copies of the revoking order to the supervising officer.
2
A supervising officer to whom in accordance with paragraph (1) above copies of a revoking order are given shall give a copy to the supervised person and to the person in charge of any institution in which the supervised person is residing.
Procedure following amendment of an order
18
1
On the making under regulation 14 or 15 above of any order amending a supervision order, (where the order under regulation 14 or 15 was made by a magistrates' court) the designated officer for the local justice area concerned or (where the order under regulation 15 was made by a judicial officer) the court administration officer shall forthwith —
a
if the order amends the supervision order otherwise than by substituting a new area or a new place for the one specified in the supervision order, give copies of the amending order to the supervising officer;
b
if the order amends the supervision order in the manner excepted by sub-paragraph (a) above, send to the designated officer for the new local justice area concerned —
i
copies of the amending order; and
ii
such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order;
and in a case falling within sub-paragraph (b) above, the designated officer for that area shall give copies of the amending order to the supervising officer.
2
Where the order amending the supervision order is made by a magistrates' court and the designated officer for that court is also the designated officer for the new local justice area —
a
sub-paragraph (1)(b) above does not apply; but
b
the designated officer shall give copies of the amending order to the supervising officer.
3
Where in accordance with paragraph (1) or (2) above copies of an order are given to the supervising officer, he shall give a copy to the supervised person and to the person in charge of any institution in which the supervised person is residing.
Don Touhig
Parliamentary Under Secretary of State Ministry of Defence
24th May 2005