text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Persons from Abroad) Amendment (No. 2) Regulations 2006 and shall come into force on 9th October 2006.
Amendment of the Income Support (General) Regulations 1987
2
1
The Income Support (General) Regulations 1987 are amended as follows.
2
In regulation 21AA(4) (special cases: supplemental – persons from abroad), for sub-paragraph (h) substitute —
h
a person who has exceptional leave to enter or remain in the United Kingdom granted outside the rules made under section 3(2) of the Immigration Act 1971 ;
hh
a person who has humanitarian protection granted under those rules;
.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 85A(4) (special cases: supplemental – persons from abroad), for sub-paragraph (h) substitute —
h
a person who has exceptional leave to enter or remain in the United Kingdom granted outside the rules made under section 3(2) of the Immigration Act 1971 ;
hh
a person who has humanitarian protection granted under those rules;
.
Amendment of the State Pension Credit Regulations 2002
4
1
The State Pension Credit Regulations 2002 are amended as follows.
2
In regulation 2(4) (persons not in Great Britain), for sub-paragraph (h) substitute —
h
a person who has exceptional leave to enter or remain in the United Kingdom granted outside the rules made under section 3(2) of the Immigration Act 1971 ;
hh
a person who has humanitarian protection granted under those rules;
.
Amendment of the Housing Benefit Regulations 2006
5
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 10(3B) (persons from abroad), for sub-paragraph (h) substitute —
h
a person who has exceptional leave to enter or remain in the United Kingdom granted outside the rules made under section 3(2) of the Immigration Act 1971 ;
hh
a person who has humanitarian protection granted under those rules;
.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
6
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 10(4A) (persons from abroad), for sub-paragraph (h) substitute —
h
a person who has exceptional leave to enter or remain in the United Kingdom granted outside the rules made under section 3(2) of the Immigration Act 1971 ;
hh
a person who has humanitarian protection granted under those rules;
.
Amendment of the Council Tax Benefit Regulations 2006
7
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In regulation 7(4A) (persons from abroad), for sub-paragraph (h) substitute —
h
a person who has exceptional leave to enter or remain in the United Kingdom granted outside the rules made under section 3(2) of the Immigration Act 1971 ;
hh
a person who has humanitarian protection granted under those rules;
.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
8
1
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 7(4A) (persons from abroad), for sub-paragraph (h) substitute —
h
a person who has exceptional leave to enter or remain in the United Kingdom granted outside the rules made under section 3(2) of the Immigration Act 1971 ;
hh
a person who has humanitarian protection granted under those rules;
.
Signed on authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
14th September 2006


type: legislation

jurisdiction: UK

text:
This Order may be cited as the Postgraduate Medical Education and Training Board (Fees) Rules Order 2006 and shall come into force on 1st April 2006.
The Postgraduate Medical Education and Training Board (Fees) Rules Order 2005 is revoked.
Signed by authority of the Secretary of State for Health
Warner
Minister of State,
Department of Health
28th February 2006


text:
1
This Order may be cited as the Josiah Mason Sixth Form College, Erdington, Birmingham (Dissolution) Order 2006 and comes into force on 1st August 2006.
2
On 1st August 2006 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Sutton Coldfield College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st August 2006 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2006;
c
to the transferor were to the corporation; and
d
to the corporation were to Sutton Coldfield College.
Bill Rammell
Minister of State
Department for Education and Skills
3rd July 2006


text:
Citation and commencement
1
This Order may be cited as the Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2006 and shall come into force on 1st December 2006.
Amendment of the Wireless Telegraphy (Licence Charges) Regulation 2005
2
The Wireless Telegraphy (Licence Charges) Regulations 2005 are hereby amended as follows —
a
in regulation 5(3), in the definition of “relevant licence”, after “under the heading “Maritime” in Schedule 2” insert “apart from Ship Radio and Ship Portable Radio”; and
b
in Schedule 2 —
i
under the heading “ Amateur and Citizens’ Band ” in relation to the licence class “Amateur Radio”-
aa
in the column under the heading “Variable sums” substitute “£20 for each licence that is not applied for electronically; no charge for persons aged 75 years or over.” for “£15 per person aged 21 years or over; no charge for persons aged under 21 years or aged 75 years or over.”;
bb
in the column under the heading “Prescribed payment interval”, delete “12 months”;
ii
under the heading “ Maritime ” in relation to the licence class “Ship Portable Radio” —
aa
in the column under the heading “Fixed sums” delete “£15”;
bb
in the column under the heading “Variable sums” insert “£20 for each licence that is not applied for electronically.”; and
cc
in the column under the heading “Prescribed payment interval”, delete “12 months”; and
iii
under the heading “ Maritime ” in relation to the licence class “Ship Radio” —
aa
in the column under the heading “Fixed sums” delete “£20”;
bb
in the column under the heading “Variable sums” insert “£20 for each licence that is not applied for electronically.”; and
cc
in the column under the heading “Prescribed payment interval”, delete “12 months”.
Kip Meek
Chief Policy Partner
For and on the authority of the Office of Communications
1st November 2006


text:
Title and commencement
1
These Regulations may be cited as the Cattle Identification (Amendment) Regulations 2006 and come into force on 15th June 2006.
Amendments to the Cattle Identification Regulations 1998
2
The Cattle Identification Regulations 1998 are amended in accordance with these Regulations.
Amendments to regulation 2(1)
3
1
Regulation 2(1) (interpretation) is amended as follows.
2
For the definition of “calf passport” substitute —
“calf passport” means a document in such form as may be approved by the appropriate Minister in accordance with Article 6.2 of Commission Regulation ( EC ) No. 911/2004 (implementing Regulation (EC) No. 1760/2000 of the European Parliament and of the Council as regards eartags, passports and holding registers ) for the purposes of moving calves under 28 days old;
.
3
For the definition of “cattle passport” substitute —
“cattle passport” means a document containing the information set out in Article 6.1 of Commission Regulation (EC) No. 911/2004 issued by the appropriate Minister, and includes a calf passport;
.
4
For the definition of “the Council Regulation” substitute —
“the Council Regulation” means Council Regulation (EC) No. 1760/2000 (establishing a system for the identification and registration of bovine animals and regarding the labelling of beef products and repealing Council Regulation (EC) No. 820/97 );
.
5
For the definition of “licensed slaughterhouse” substitute —
“slaughterhouse” means a slaughterhouse —
approved or conditionally approved as such by the Food Standards Agency under Article 31(2) of Regulation (EC) No. 882/2004 (of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules ); or
operating as such under Article 4(5) of Regulation (EC) No. 853/2004 (of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin ) pending such approval;
.
6
For the definition of “official veterinary surgeon” substitute —
“official veterinary surgeon” means an official veterinarian who is qualified in accordance with Regulation (EC) No. 854/2004 of the European Parliament and of the Council (laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption ) to act in such a capacity and is appointed by the Food Standards Agency;
.
7
The definitions of “official veterinarian” and “Regulation 853/2004” (which apply in Scotland) are omitted.
References to Commission Regulation (EC) No. 2629/97
4
In —
a
regulation 2(3);
b
regulation 3(1)(b);
c
paragraphs (2) and (3) of regulation 4;
d
regulation 14(1)(b);
e
paragraphs (1) and (2) of regulation 15;
f
regulation 29(3);
g
regulation 30(2); and
h
regulation 31,
for the words “Commission Regulation (EC) No. 2629/97 ” substitute “Commission Regulation (EC) No. 911/2004 ”.
References to the Animal By-Products Order 1992
5
In regulations 7(5) and 20(4) for the words “the Animal By-Products Order 1992” substitute “the Animal By-Products Regulations 2005 in England, the Animal By-Products (Wales) Regulations 2006 in Wales, and the Animal By-Products (Scotland) Regulations 2003 in Scotland”.
Amendments to regulations 20 and 27
6
In regulations 20 (slaughterhouses and private kills) and 27 (return of cattle passports), in each place that they appear, for the words “licensed slaughterhouse” substitute “slaughterhouse”.
Amendment to regulation 31
7
In regulation 31 (powers to restrict movements) for “Article 21” substitute “Article 22(1)”.
The National Assembly for Wales (Transfer of Functions) Order 1999
8
The reference to the Cattle Identification Regulations 1998 in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 shall be read as a reference to those Regulations as amended by these Regulations.
Jeff Rooker
Minister of State
Department for Environment Food and Rural Affairs
14th June 2006


text:
Citation and commencement
1
These Regulations may be cited as the Packaging (Essential Requirements) (Amendment) Regulations 2006 and shall come into force on 1st July 2006.
Amendments to the Packaging (Essential Requirements) Regulations 2003
2
1
The Packaging (Essential Requirements) Regulations 2003 are amended as follows.
2
In regulation 2(2), in the definition of packaging, for paragraph (i) substitute —
i
items shall be considered to be packaging if they fulfil the above definition without prejudice to other functions which the packaging might also perform, unless the item is an integral part of a product and it is necessary to contain, support or preserve that product throughout its lifetime and all elements are intended to be used, consumed or disposed of together;
.
3
In regulation 6(3)(b), delete the words “on or before 30th June 2006,”.
Sainsbury of Turville
Parliamentary Under-Secretary of State for Science and Innovation
Department of Trade and Industry
2nd June 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Information About Individual Pupils) (England) Regulations 2006 and come into force on 31st October 2006.
2
These Regulations apply only in relation to schools in England.
Interpretation
2
In these Regulations —
“the 1996 Act ” means the Education Act 1996;
“the 2006 Regulations ” mean the Education (Pupil Registration) (England) Regulations 2006 ;
“child looked after by a local authority” has the meaning given by section 22(1) of the Children Act 1989 ;
“exclusion start date” means the date set by the head teacher for the exclusion to take effect;
“learning aim” means a course of study leading to a qualification accredited by the Qualifications and Curriculum Authority under section 24 of the Education Act 1997 and which has been allocated a qualification accreditation number;
“level 3” means level 3 as set out in the National Qualifications Framework of 1st September 2004 and determined by the Qualifications and Curriculum Authority;
“non-maintained special school” means a special school which is not maintained by a local education authority and which is approved for the time being by the Secretary of State under section 342 of the 1996 Act;
“part-time” means that the pupil is attending fewer than ten school sessions in any week during which the school meets;
“permanently excluded” in relation to a pupil means permanently excluded on disciplinary grounds from the school to which a request is made under regulation 3 or 5;
“qualification accreditation number” means the number assigned to a pupil’s learning aim by the Qualifications and Curriculum Authority;
“register” means the register of pupils kept under section 434 of the 1996 Act, and refers to the admission register or attendance register kept in accordance with the 2006 Regulations as the case may require;
“special educational needs provision type” means the special educational needs provision type forming part of the graduated approach adopted pursuant to “The Special Educational Needs Code of Practice” issued on 3 rd December 2001 under section 313 of the 1996 Act;
“special school” has the meaning given by section 337 of the 1996 Act ;
“unauthorised absence” means an occasion on which a pupil is recorded as absent without authority pursuant to the 2006 Regulations, and “authorised absence” shall be construed accordingly; and
“unique pupil number” means a combination of numbers which together with a letter or letters are allocated to a pupil and are particular to him, by use of a formula determined by the Department for Education and Skills.
Provision of information by schools maintained by local education authorities to their local education authorities
3
Within fourteen days of receiving a request from the local education authority by which a school is maintained, the governing body of that school shall provide to the authority such of the information referred to in Schedule 1 to these Regulations, and (where the request stipulates) in respect of such categories of pupils, or former pupils, as is so requested.
Provision of information by schools with sixth forms and maintained by local education authorities to the Secretary of State
4
Within fourteen days of receiving a request from the Secretary of State, the governing body of a school (not being a special school) maintained by a local education authority, which —
a
provides full-time education suitable to the requirements of pupils over compulsory school age, and
b
provides full-time education suitable to the requirements of pupils of compulsory school age,
shall provide to the Secretary of State such of the information referred to in Schedule 2 to these Regulations, as is so requested.
Provision of information by non-maintained special schools, city technology colleges, city colleges for the technology of the arts and Academies to the Secretary of State
5
Within fourteen days of receiving a request from the Secretary of State, the proprietor of a non-maintained special school, a city technology college, a city college for the technology of the arts or an Academy shall provide to the Secretary of State such of the information referred to in Schedules 1 and 2 to these Regulations, and (where the request stipulates) in respect of such categories of pupils, or former pupils, as is so requested.
Requests for information received by primary and special schools prior to 1 March 2007 in relation to excluded pupils
6
1
This regulation applies where a pupil was permanently excluded from a primary school, or special school, and his name was deleted from the admission register during the year ending on 31st August 2006.
2
In respect of a request for information to which regulations 3 or 5 apply and received on or before 1st March 2007 by the school from which the pupil was permanently excluded, any reference in these Regulations and in the request to the “exclusion start date” is to be construed as a reference to the “permanent exclusion date”, and any reference in these Regulations and in the request to information relating to exclusions which are not permanent exclusions should be disregarded.
3
Information requested under regulations 3 and 5 shall include the information referred to in paragraphs 2(g) and 3 of Part 1 of Schedule 1 to these Regulations.
4
In this regulation, “permanent exclusion date” means the date on which the name of a permanently excluded pupil is deleted from the register.
Revocations
7
The Regulations specified in Schedule 3 to these Regulations are revoked.
Jim Knight
Minister of State
Department for Education and Skills
21st September 2006


text:
Title and commencement
1
These Regulations may be cited as the Cattle Database (Amendment) Regulations 2006 and come into force on 15th June 2006.
Amendments to the Cattle Database Regulations 1998
2
The Cattle Database Regulations 1998 are amended in accordance with these Regulations.
Amendment to regulation 2
3
1
Regulation 2 (interpretation) is amended as follows.
2
For the definition of “calf passport” substitute —
“calf passport” means a document in such form as may be approved by the appropriate Minister in accordance with Article 6.2 of the Commission Regulation for the purpose of moving calves under 28 days old;
.
3
For the definition of “cattle passport” substitute —
“cattle passport” means a document containing the information set out in Article 6.1 of the Commission Regulation issued by the appropriate Minister, and includes a calf passport;
.
4
For the definition of “the commission Regulation” substitute —
“the Commission Regulation” means Commission Regulation ( EC ) No. 911/2004 (implementing Regulation (EC) No. 1760/2000 of the European Parliament and of the Council as regards eartags, passports and holding registers );
.
5
For the definition of “the Council Regulation” substitute —
“the Council Regulation” means Council Regulation (EC) No. 1760/2000 (establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No. 820/97 );
.
Amendment to regulation 6
4
In regulation 6 (notification of birth) omit the words “in accordance with Article 6.3 of the Commission Regulation” and paragraph (a).
Amendment to regulation 8
5
In regulation 8(1) (notification of death) omit the words “and in accordance with Article 6.3 of the Commission Regulation”.
Amendment to regulation 12
6
In regulation 12 (powers to restrict movements) for “Article 21” substitute “Article 22(1)”.
The National Assembly for Wales (Transfer of Functions) Order 2000
7
The reference to the Cattle Database Regulations 1998 in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 2000 shall be read as a reference to those Regulations as amended by these Regulations.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
14th June 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2006 and shall come into force —
a
for the purposes of regulation 4, on 6th April 2006 immediately after the coming into force of the Occupational Pension Schemes (Administration and Audited Accounts) (Amendment) Regulations 2005 ; and
b
for all other purposes on 6th April 2006.
2
In these Regulations —
“the Assignment Regulations” means the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997 ;
“the Audited Accounts Regulations” means the Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations 1996 ;
“the Consultation by Employers Regulations” means the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 ;
“the Contracting-out Regulations” means the Occupational Pension Schemes (Contracting-out) Regulations 1996 ;
“the Investment Regulations” means the Occupational Pension Schemes (Investment) Regulations 2005 ;
“the Northern Ireland Contracting-out Regulations” means the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996 ;
“the Payments by Employers Regulations” means the Personal Pension Schemes (Payments by Employers) Regulations 2000 ;
“the Pension Credit Benefit Regulations” means the Pension Sharing (Pension Credit Benefit) Regulations 2000 ; and
“the Scheme Administration Regulations” means the Occupational Pension Schemes (Scheme Administration) Regulations 1996 .
Amendment of the Northern Ireland Contracting-out Regulations
2
1
The Northern Ireland Contracting-out Regulations are amended in accordance with this regulation.
2
In regulation 51 (contributions equivalent premiums) —
a
in paragraph (1A) for “paragraph (1B) or (1C)”, substitute “paragraph (1B), (1C) or (1D)”; and
b
after paragraph (1C), add —
1D
This paragraph applies where, on the termination of his pensionable service, the earner elects to acquire a right to a cash transfer sum in accordance with section 97AB(1)(a) of the Act (right to cash transfer sum and contribution refund).
.
Amendment of the Contracting-out Regulations
3
1
The Contracting-out Regulations are amended in accordance with this regulation.
2
In regulation 51 (contributions equivalent premiums) —
a
in paragraph (1A), for “paragraph (1B) or (1C)”, substitute “paragraph (1B), (1C) or (1D)”; and
b
after paragraph (1C), add —
1D
This paragraph applies where, on the termination of his pensionable service, the earner elects to acquire a right to a cash transfer sum in accordance with section 101AB(1)(a) of the 1993 Act (right to cash transfer sum and contribution refund).
.
Amendment of the Scheme Administration Regulations
4
1
The Scheme Administration Regulations are amended in accordance with this regulation.
2
In regulation 1(2) (interpretation) —
a
after the definition of “business days”, insert —
“insurance policy” means a contract of a kind referred to in Article 2 of the Life Directive, but excluding a contract of a kind referred to in Article 2(2)(c) or (d) of that Directive;
“the Life Directive” means Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance ;
;
b
after the definition of “public service pension scheme”, insert —
“qualifying insurance policy” means an insurance policy issued by an insurer which is —
a person who has permission under Part 4 of the Financial Services and Markets Act 2000 (permission to carry on regulated activities) to effect or carry out contracts of long term insurance; or
an undertaking established in an EEA State (as defined in paragraph 8 of Schedule 3 to the Financial Services and Markets Act 2000) other than the United Kingdom, which is authorised by the competent authorities of that State to carry on the business of direct insurance for the class of assurance as listed in Annex I to the Life Directive in which the insurance policy falls;
;
c
after the definition “scheme year”, insert —
“specified qualifying insurance policy” means a qualifying insurance policy which is a contract falling within paragraph I or III of Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (contracts of insurance);
;
d
for the definition of “wholly insured scheme”, substitute —
“wholly insured scheme” means a trust scheme, other than a stakeholder pension scheme within the meaning of section 1 of the Welfare Reform and Pensions Act 1999 (meaning of “stakeholder pension scheme”), which has no investments other than specified qualifying insurance policies.
; and
e
after paragraph (2), insert —
2A
For the purposes of the definition of “wholly insured scheme”, “investments” shall not include —
a
cash held on deposit by the trustees or managers pending payment to the insurer or to members of the scheme;
b
cash held on deposit by the trustees or managers to meet accrued liabilities or administrative expenses; or
c
any investments arising from voluntary contributions.
.
3
In regulation 3, (exemptions from the professional advisers requirements), in paragraph (2)(b)(i), for “(d) to” substitute “(e) to”.
4
In regulation 21 (circumstances where notice of non-payment of any amount payable to a scheme need not be given), for paragraph (4), substitute —
4
Where, under section 49(9)(b) of the 1995 Act (other responsibilities of trustees, employers, etc), there is a requirement on the trustees or managers to give notice within a reasonable time of a failure to pay within a prescribed time an amount corresponding to any contribution payable on behalf of an active member which has been deducted from the member’s earnings, the trustees or managers shall not be required to give notice of a failure to pay such amount by the due date for the purposes of subsection (1) of section 88 of that Act, in a case to which that subsection would otherwise apply.
.
Amendment of the Audited Accounts Regulations
5
1
The Audited Accounts Regulations are amended in accordance with this regulation.
2
In paragraph 5(b) of the Schedule (contents of accounts audited by the auditor of the scheme), for “regulation 6 of the Occupational Pension Schemes (Investment) Regulations 1996 (investments to which restrictions on employer-related investments do not apply)”, substitute “regulation 13 of the Occupational Pension Schemes (Investment) Regulations 2005 (investments to which restrictions do not apply)”.
Amendment of the Assignment Regulations
6
1
The Assignment Regulations are amended in accordance with this regulation.
2
In regulation 2 (commutation of a pension under an occupational pension scheme) —
a
for paragraph (1A), substitute —
1A
There are also prescribed for the purposes of section 91(5)(c)(iii) of the 1995 Act the circumstances where —
a
the rights of the member consist only of rights derived from equivalent pension benefits under Part III of the National Insurance Act 1965 ; and
b
either —
i
the member has consented to the commutation; or
ii
he has not consented but the conditions in paragraph (4) are satisfied.
; and
b
after paragraph (3), add —
4
For the purposes of paragraph (1A)(b)(ii), the conditions are that —
a
the trustees or managers of the scheme have sent to the member’s last known address written notice of their intention to commute his rights derived from equivalent pension benefits under Part III of the National Insurance Act 1965; and
b
no response has been received from the member before the end of the period of two months beginning with the date on which the notice was sent.
.
Amendment of the Pension Credit Benefit Regulations
7
1
The Pension Credit Benefit Regulations are amended in accordance with this regulation.
2
In regulation 4 (commutation of part of pension credit benefit), in paragraph (1)(a)(i), at the end, for the word “or” substitute “and”.
Amendment of the Payments by Employers Regulations
8
1
The Payments by Employers Regulations are amended in accordance with this regulation.
2
After regulation 5 (prescribed period for the purpose of calculating the due date for the payment of any contribution on behalf of an employee), add —
The issue of payment statements to an employee
5A
1
Where section 111A of the Pension Schemes Act 1993 (monitoring of employers' payments to personal pension schemes) applies the trustees or managers of the scheme must before the end of the interval specified in paragraph (4) or (5), as the case may be, send the employee a statement setting out the amounts and dates of the payments made under the direct payment arrangements during the period specified in paragraph (2) or (3), as the case may be.
2
Where the scheme is not a stakeholder pension scheme the period is —
a
in the case of the first statement referred to in paragraph (1), the period of not more than 12 months beginning with the date the employee joined the scheme and ending with the date of the last payment which appears on that statement; and
b
in the case of the second or any subsequent statement (“the relevant statement”), a period of not more than 12 months beginning with the day following the date of the last payment which appeared on the statement immediately preceding the relevant statement.
3
Where the scheme is a stakeholder pension scheme the period is the period which is the statement year in relation to that scheme.
4
Where the scheme is not a stakeholder pension scheme the interval is —
a
in the case of the first statement referred to in paragraph (1) the period of 12 months beginning with the date the employee joined the scheme; and
b
in the case of —
i
the second statement, the period of 12 months beginning with the next anniversary of the date the employee joined the scheme following the date the trustees or managers sent the employee the first statement; and
ii
the third or any subsequent statement, the period of 12 months beginning with the anniversary of the date the employee joined the scheme.
5
Where the scheme is a stakeholder pension scheme the interval is three months after the end of the statement year to which that statement relates.
.
Amendment of the Investment Regulations
9
1
The Investment Regulations are amended in accordance with this regulation.
2
In regulation 1(2) (interpretation) —
a
in the definition of “insurance policy”, for “2(c) and (d)”, substitute “2(2)(c) and (d)”; and
b
in the definition of “specified qualifying insurance policy”, for “paragraph III” substitute “paragraph I or III”.
3
In regulation 13 (investments to which restrictions do not apply) —
a
in paragraph (6) —
i
in sub-paragraph (b), omit “or”; and
ii
in sub-paragraph (c), for “,” substitute —
;
d
section 59(2) of the 1995 Act (determination of contributions: supplementary); or
e
section 60(5) of the 1995 Act (serious underprovision),
;
b
in paragraph (7)(a), for “(authorised persons)) of the FSM Act” substitute “(authorised persons) of the FSM Act)”; and
c
in paragraph (7)(b), after “10 participants in” for “a collective investment scheme” substitute “the collective investment scheme”.
Amendment of the Consultation by Employers Regulations
10
1
The Consultation by Employers Regulations are amended in accordance with this regulation.
2
In regulation 3 (application), for paragraph (2) substitute —
2
For the purposes of these Regulations “relevant employer” means —
a
an employer employing in Great Britain at least the number of employees specified in paragraph (2A); and
b
in the case of —
i
an occupational pension scheme, an employer in relation to the scheme other than one who is excluded by regulation 4, and
ii
a personal pension scheme, an employer in relation to the scheme other than one who is excluded by regulation 5.
2A
The number of employees referred to in paragraph (2)(a) is —
a
150 from 6th April 2006 to 5th April 2007,
b
100 from 6th April 2007 to 5th April 2008, and
c
50 from 6th April 2008 onwards.
2B
For the purposes of paragraph (2)(a) —
a
the number of people employed by an employer is to be determined using the same method of calculation as is set out in regulation 4 of the Information and Consultation of Employees Regulations 2004 (calculation of number of employees), but
b
references in that regulation to the previous twelve months are to be taken as references to the period of twelve months ending with the date of the proposal to make a listed change to which regulation 6 of these Regulations applies.
.
3
In regulation 4 (excluded employers: occupational pension schemes), omit paragraphs (1)(f), (2) and (3).
4
For regulation 5 (excluded employers: personal pension schemes), substitute —
Excluded employers: personal pension schemes
5
This regulation excludes any employer in relation to a personal pension scheme where no employer contributions fall to be paid towards the scheme.
.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
14th March 2006


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security Act 1998 (Prescribed Benefits) Regulations 2006 and shall come into force on 16th October 2006.
Prescribed benefits
2
The benefits prescribed for the purposes of section 8(3)(h) of the Social Security Act 1998 (decisions by Secretary of State) are —
a
the following benefits under the Social Security Act 1975 —
i
sickness benefit under section 14;
ii
unemployment benefit under section 14;
iii
invalidity pension under section 15;
iv
invalidity allowance under section 16;
v
attendance allowance under section 35; and
vi
mobility allowance under section 37A;
b
supplementary benefit under the Supplementary Benefit Act 1976 .
Signed by authority of the Secretary of State for Work and Pensions
James Purnell
Minister of State,
Department for Work and Pensions
14th September 2006


text:
1
This Order may be cited as the A595 Grizebeck to Chapel Brow Trunk Road (Parton to Lillyhall Improvement) Order 2006 and shall come into force on 18th August 2006.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the new main road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
ii
“the new trunk road” means the main new road;
iii
“the plan” means the plan numbered HA/10/MP/021 marked “The A595 Grizebeck to Chapel Brow Trunk Road (Parton to Lillyhall Improvement) Order 2006”, signed by authority of the Secretary of State for Transport and deposited at DfT Records Management, Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA.
3
The main new road shall become trunk roads from the date when this Order comes into force.
4
The centre line of the new road is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that–
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
Derek Drysdale
A Divisional Director Highways Agency
3rd August 2006.


text:
Citation, commencement and extent
1
1
This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) (No. 3) Order 2006 and shall come into force on 29th January 2007, immediately after the coming into force of the Amounts Regulations , the General Regulations and the Reviews and Appeals Regulations .
2
This Order does not extend to Northern Ireland.
Interpretation
2
In this Order–
“ the Act ” means the Health and Social Care (Community Health and Standards) Act 2003 ;
“the Amounts Regulations” means the Personal Injuries ( NHS Charges) (Amounts) (Scotland) Regulations 2006 ;
“the General Regulations” means the Personal Injuries (NHS Charges) (General) (Scotland) Regulations 2006 ;
“the Reviews and Appeals Regulations” means the Personal Injuries (NHS Charges) (Reviews and Appeals) (Scotland) Regulations 2006 ; and
“the Social Security Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 .
Specification of functions
3
The functions exercisable by the Scottish Ministers under the enactments mentioned in column 1 of the Schedule to this Order (subject to any exceptions or consequential modifications mentioned in the corresponding entry in column 2 of that Schedule) are hereby specified for the purposes of section 93(1) of the Scotland Act 1998.
Meriel McCullagh
Deputy Clerk of the Privy Council


text:
Citations and Commencement
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 3) Regulations 2006 and shall come into force on 1st January 2007.
Amendment
2
The Value Added Tax Regulations 1995 are amended as follows.
Definition of Alphabetical Code
3
In paragraph (1) of regulation 2 in the definition of “alphabetical code” —
1
after the entry for Belgium insert —
Bulgaria — BG
2
after the entry for Portugal insert —
Romania — RO
Interpretation of Part XVI
4
In regulation 117, for paragraph (11) substitute —
11
In this Part references to Council Regulation (EEC) No. 2913/92 (the Community Customs Code) and Commission Regulation (EEC) No. 2454/93 (which contains provisions implementing the Community Customs Code) shall be read as references to those instruments as —
a
amended by the Act concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, signed at Athens on 16th April 2003 ,
b
amended, modified or otherwise affected by the Act concerning the conditions of Accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded, signed at Luxembourg on 25th April 2005 and Council Regulation (EC) No. 1791/2006 (which contains consequential amendments to the Customs Code) .
.
Territories to be excluded from or included in the territory of the Community and of the member States
5
1
Amend regulation 138 as follows.
2
For paragraph (1) substitute —
1
For the purposes of the Act the territory of the Community shall be treated as excluding —
a
Austria, Finland and Sweden (“the 1995 acceding States ”),
b
the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovakia and Slovenia (“the 2004 acceding States ”), and
c
Bulgaria and Romania (“the 2007 acceding states ”)
in relation to goods to which this regulation applies.
.
3
In paragraph (2) —
i
for “paragraphs 4 and 5” substitute “paragraph (4)”,
ii
in sub-paragraphs (a) and (b) for “1st January 1995” substitute “the date specified in paragraph (5)” and for “20th October 1995” substitute “the date specified in paragraph (6)”.
4
In paragraph (4) —
i
In sub-paragraphs (a), (b) and (c) for “20th October 1995” substitute “the date specified in paragraph (6)”.
ii
In sub-paragraph (c)(i) for “1st January 1987” substitute “the date specified in paragraph (7)”.
5
For paragraph (5) substitute —
5
For the purposes of paragraphs (2) and (4) the specified date —
a
in relation to the 1995 acceding states is 1st January 1995;
b
in relation to the 2004 acceding states is 1st May 2004 ; and
c
in relation to the 2007 acceding states is 1st January 2007.
6
For the purposes of paragraphs (2) and (4) the specified date —
a
in relation to the 1995 acceding states is 20th October 1995;
b
in relation to the 2004 acceding states 1st May 2004 ; and
c
in relation to the 2007 acceding states 1st January 2007.
7
For the purposes of paragraph (4)(c)(i) the specified date —
a
in relation to the 1995 acceding states is 1st January 1987;
b
in relation to the 2004 acceding states is 1st May 2006; and
c
in relation to the 2007 acceding states is 1st January 1999.
.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
11th December 2006


text:
Citation
1
This Order may be cited as The Education Act 2002 (Commencement No.9 and Savings) Order 2006.
Provisions coming into force
2
The following provisions of the Education Act 2002 shall come into force except in relation to Wales on 6th November 2006 —
section 18 to the extent that it is not already in force;
section 134 to the extent that it is not already in force;
sections 136 to 138;
section 140;
section 146 to the extent that it is not already in force;
section 148 to the extent that it is not already in force;
section 154(3);
section 158(3);
section 178 to the extent that it is not already in force;
section 215(1) in so far as it relates to the paragraphs of Schedule 21 listed below;
section 215(2) in so far as it relates to the paragraphs of Schedule 22 listed below;
Schedule 12 to the extent that it is not already in force;
in Schedule 21 —
paragraphs 5, 6, 10,15, 55, 79 and 125;
in Schedule 22 the following repeals —
the Sex Discrimination Act 1975, in Schedule 2, paragraph 4;
the Education (Fees and Awards) Act 1983, section 1(6);
the Education Reform Act 1988, section 218 to the extent that it is not already repealed;
the Environmental Protection Act 1990, section 98(2)(c)(ii);
the Further and Higher Education Act 1992, the words “in section 37, subsection (1)(b) and the word “or” immediately preceding it and subsections(8)(a) and (9)”;
the Education Act 1996, section 545(2)(a), the words “or section 218(7) of the Education Reform Act 1988”;
the Teaching and Higher Education Act 1998, in Schedule 3, paragraph 5;
the School Standards and Frameworks Act 1998, in section 63, in subsections (1) and (3) the word “unauthorised” and, in subsection (4), the definition of “unauthorised absence”.
Savings
3
Despite the repeal of section 218(1)(b) of the Education Reform Act 1988, the Further Education Teachers’ Qualifications (England) Regulations 2001 shall remain in force (and may be amended or revoked by regulations made under section 136(a) of the Education Act 2002).
Bill Brammell
Minister of State
Department for Education and Skills
31st October 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pension Protection Fund (Reviewable Matters and Review and Reconsideration of Reviewable Matters) (Amendment) Regulations 2006 and shall come into force on 6th April 2006.
2
In these Regulations “ the Act ” means the Pensions Act 2004.
Amendment of Schedule 9 to the Act
2
In Schedule 9 to the Act (reviewable matters) —
a
after paragraph 3A (the issue of, or failure to issue, a validation notice under regulation 2(5) of the Pension Protection Fund (Entry Rules) Regulations 2005 ), insert —
3B
The provision of information by the Board under —
a
regulation 3(2) of the Pension Protection Fund (Provision of Information) Regulations 2005 ( S.I. 2005/674 ) (provision of information following receipt of a notice under section 120(2)),
b
regulation 3(2A) of those Regulations (provision of information following receipt of a notice under section 120(2) where the scheme or section is not eligible), or
c
regulation 3(9) of those Regulations (provision of information following receipt of an application under section 129(1) or a notice under section 129(4)),
or the failure to provide information under those provisions.
;
b
after paragraph 16 (determination by the Board of a person’s entitlement to compensation), insert —
16A
Any step taken by the Board under section 163(4)(a) (adjustments to be made where Board assumes responsibility for a scheme) to recover the amount of any excess from future pension compensation payments.
16B
Any determination by the Board, or the failure to make a determination, under regulation 6(2) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 (S.I. 2006/580 ) (circumstances where the Board is not required to recover overpaid scheme benefits).
; and
c
after paragraph 17A , insert —
17B
Any determination made by the Board under regulation 16(2) or (5)(b) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 (S.I. 2006/580 ) (recovery of PPF compensation overpayments).
.
Amendment of the Schedule to the Pension Protection Fund (Reviewable Matters) Regulations 2005
3
After paragraph 13 of the Schedule to the Pension Protection Fund (Reviewable Matters) Regulations 2005 (prescribed period for failure) —
a
in the first column, insert —
13A
Paragraph 16B“
; and
b
in the second column, insert —
13A
The period beginning with the date on which the Board has sufficient information to make a determination under regulation 6(2) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 to the date on which the Board makes a determination under that provision.
.
Amendment of the Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations 2005
4
1
The Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations 2005 shall be amended in accordance with this regulation.
2
In paragraph (3) of regulation 3 (time for making an application for a review decision) —
a
in sub-paragraph (i), omit “or”; and
b
in sub-paragraph (j), after “(closed schemes)”, add —
; or
the issue of a validation notice under paragraph (5) of regulation 2 of the Pension Protection Fund (Entry Rules) Regulations 2005 (schemes which are not eligible schemes)
.
3
In the Schedule (interested persons) —
a
after paragraph 3 —
i
in the first column, insert —
3A
Paragraph 3B
; and
ii
in the second column, insert —
3A
a
the insolvency practitioner; and
b
the trustees or managers of the scheme.
;
b
after paragraph 16 —
i
in the first column, insert —
16A
Paragraph 16A
16B
Paragraph 16B
; and
ii
in the second column, insert —
16A
The person in respect of whom the determination is made.
16B
The member, or the person in respect of a member, to whom section 163(4)(a) of the Act refers.
; and
c
after paragraph 18 —
i
in the first column, insert “18A. Paragraph 17B” ; and
ii
in the second column, insert —
18A
The person to whom regulation 16(1) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 refers.
.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
9th March 2006


text:
1
This Order may be cited as The Political Parties, Elections and Referendums Act 2000 (Commencement No. 3 and Transitional Provisions) Order 2006.
2
This Order does not extend to Northern Ireland.
3
Subject to article 5, the day appointed for the coming into force of the following provisions is 1st January 2007 —
a
section 143 of the Political Parties, Elections and Referendums Act 2000 (details to appear on election material);
b
paragraph 14 of Schedule 18 to that Act (replacement of section 110 of the Representation of the People Act 1983).
4
Subject to article 5, section 1(1) and (2)(a) of the Election Publications Act 2001 shall cease to have effect on 1st January 2007.
5
The provisions specified in article 3 do not have effect, and section 1(1) and (2)(a) of the Election Publications Act 2001 continues to have effect, in relation to any election for which the date of the poll specified in the notice of election issued in relation to that election is on or before 2nd May 2007.
Signed by the authority of the Secretary of State
Bridget Prentice
Parliamentary Under Secretary of State
Department for Constitutional Affairs
18th December 2006


text:
Title, application and commencement
1
This Order —
a
may be cited as the Sheep and Goats (Records, Identification and Movement) (England) (Amendment) Order 2006;
b
applies in England; and
c
comes into force on 11th December 2006.
Amendment of the Sheep and Goats (Records, Identification and Movement) (England) Order 2005
2
1
The Sheep and Goats (Records, Identification and Movement) (England) Order 2005 is amended as follows.
2
In article 8 (identification for animals moved to another member State from the holding of birth or holding of import), for paragraph (2) substitute —
2
The second means of identification shall bear an identification code identical to that applied to the first means of identification under article 6(3), in the case of an animal born in England, or article 10(3), in the case of an animal imported from a third country.
.
3
In article 13 (replacement of the means of identification with a different code), after paragraph (2) insert —
2A
The keeper must apply the eartag required by paragraph (1) or (2) as soon as possible after the identification was discovered to be illegible or lost, but in any event —
a
no later than 28 days after it was discovered to be illegible or lost, and
b
before the animal is moved from the holding.
.
4
In article 23 (removal or replacement of eartags) —
a
in paragraphs (3) to (5), omit the words from “as soon as possible” to the end;
b
after paragraph (5), insert —
5A
The keeper must attach the eartag required by paragraph (3), (4) or (5) as soon as possible after the original eartag was removed, or discovered to be lost or illegible, but in any event —
a
no later than 28 days after it was removed, or discovered to be lost or illegible, and
b
before the animal is moved from the holding.
.
5
In article 24 (removal or replacement of eartags and tattoos applied under previous Orders) —
a
in paragraph (3), omit the words from “as soon as possible” to the end;
b
after paragraph (6) insert —
6A
The keeper must attach or apply the eartag or tattoo required by paragraph (3), (4), (5) or (6) as soon as possible after the original eartag was removed, or discovered to be lost or illegible, but in any event —
a
no later than 28 days after it was removed, or discovered to be lost or illegible, and
b
before the animal is moved from the holding.
.
6
In paragraph (2) of article 25 (replacement of eartags lost at markets) —
a
omit “as soon as possible and in any event before the animal is moved from his holding”;
b
omit “or” immediately preceding sub-paragraph (d);
c
at the end, insert —
; and
e
he must attach or apply the replacement eartag or tattoo as soon as possible after the original eartag or tattoo was removed, or discovered to be lost or illegible, but in any event —
i
no later than 28 days after it was removed, or discovered to be lost or illegible, and
ii
before the animal is moved from his holding.
.
7
In Part 9 (miscellaneous), before article 35 (enforcement), insert —
Powers of inspectors
34A
1
An inspector may, for any purpose relating to the enforcement of this Order —
a
collect, pen and mark any animal and require a keeper to arrange for the collection, penning, marking and securing of any animal;
b
require the keeper to produce or copy any document or record;
c
remove and retain any document or record;
d
have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with records;
e
where a record is kept by means of a computer, require the record to be produced in a form which may be taken away;
f
require the production of any unused eartags, and record their numbers;
g
take with him a representative of the European Commission acting for the purposes of Article 12 of the Council Regulation, or any other people or things he considers necessary.
2
A person required to do anything by an inspector acting under paragraph (1) shall, unless he has reasonable cause, do so without delay.
Power to prohibit movement of animals
34B
1
An inspector may, by serving notice on a keeper, prohibit the movement of a flock of sheep to or from the holding specified in the notice, if he is satisfied that the prohibition is necessary for the proper enforcement of this Order in relation to that flock.
2
An inspector may, by serving notice on a keeper, prohibit the movement of a herd of goats to or from the holding specified in the notice, if he is satisfied that the prohibition is necessary for the proper enforcement of this Order in relation to that herd.
3
A notice served under this article may be amended or revoked by further notice at any time.
4
A person required to do anything by a notice served by an inspector under this article shall, unless he has reasonable cause, do so without delay.
False information
34C
No person shall furnish information which he knows to be false or misleading to a person acting under this Order.
Offences by bodies corporate
34D
1
If an offence against the Act committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer; or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.
3
“Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
.
8
In paragraph 6 of Schedule 1 (movement from the holding of identification), for sub-paragraph (3) substitute —
3
When an animal is consigned from the holding of identification to another member State, the keeper must attach a second identification tag to the animal with a code identical to the first and enter the code on the identification tags in his register and in the movement document.
.
9
In paragraph 16 of Schedule 1 (movements to another member State through an assembly centre) —
i
in sub-paragraph (3), after “must” insert “attach a second eartag or an electronic transponder to the animal bearing its individual identification code, and”;
ii
in that sub-paragraph, for “number” substitute “code”;
iii
for sub-paragraph (6), substitute —
6
Sub-paragraph (5)(a) applies only in relation to animals which were moved from the holding referred to in sub-paragraph (3) before the coming into force of the Sheep and Goats (Records, Identification and Movement) (England) (Amendment) Order 2006.
.
10
In paragraph 17 of Schedule 1 (movements to another member State other than through an assembly centre) —
i
in sub-paragraph (3), omit “Subject to sub-paragraph (4),”;
ii
omit sub-paragraph (4).
11
For the form in Schedule 3, substitute the form in the Schedule to this Order.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
14th November 2006


text:
Title, application and commencement
1
These Regulations may be cited as the Feeding Stuffs and the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2006, apply in relation to England only and come into force on 16th February 2006.
Amendments to the Feeding Stuffs (England) Regulations 2005
2
1
In Schedule 5 (prescribed limits for undesirable substances) to the Feeding Stuffs (England) Regulations 2005 , Chapter A is amended in accordance with paragraphs (2) to (4).
2
In relation to the entries for fluorine —
a
for the expression “Mineral mixtures for cattle, sheep and goats” in column 2 substitute the expression “Complementary feeding stuffs containing 4% phosphorous or less” and opposite that expression, in column 3 for the figure “2000” substitute “500”;
b
for the expression “Other complementary feeding stuffs” in column 2 substitute the expression “Complementary feeding stuffs containing more than 4% phosphorous” and opposite that expression, in column 3 for the expression “(fluorine content per percentage point phosphorous in the feeding stuff)” substitute “per 1% phosphorous”.
3
In relation to the entries for lead, for the expression “grass meal, lucerne meal or clover meal” in column 2 substitute the expression “green fodder (including products such as hay, silage, fresh grass, etc )”.
4
In relation to the entries for mercury, after the entry “– feed materials produced by the processing of fish or other marine animals” in column 2 insert the entry “– calcium carbonate” and opposite that entry, in column 3 insert the figure “0.3”.
Amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999
3
1
The Feeding Stuffs (Sampling and Analysis) Regulations 1999 are amended in relation to England in accordance with paragraphs (2) to (6).
2
In regulation 1 (title, commencement and interpretation), at the end of the definition of Directive 2002/70/EC add the expression “as amended by Commission Directive 2005/7/EC .”.
3
In regulation 6, for paragraph (4) substitute the following —
4
Where a sample of a feeding stuff is to be analysed pursuant to —
a
section 75(1) (sample analysed at the request of the purchaser) of the Act, or
b
section 78(1) (further analysis by Government chemist) of the Act in so far as that sub-section does not relate to official controls,
and neither paragraph (1) nor (3) applies, the analysis shall be carried out in the like manner as that prescribed by Article 11(1)(a) or as appropriate (b) of Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure verification of compliance with feed and food law, animal health and animal welfare rules .
.
4
In Schedule 2 Part I (general provisions), after paragraph 3 add the following paragraph —
Assessment of compliance in analysis for undesirable substances
4
a
Subject to paragraph (c), in the case of analysis to detect the presence of one or more of the undesirable substances listed in Schedule 5 to the Feeding Stuffs (England) Regulations 2005 (“the Schedule”), a feeding stuff which has been sampled and analysed in accordance with these Regulations does not comply with the relevant prescribed limit or limits set out in the Schedule if, after taking into account expanded measurement uncertainty and correction for recovery in accordance with paragraph (b), the analytical result indicates the presence of an undesirable substance in excess of the maximum content specified for that substance in column 3 of the Schedule.
b
In assessing compliance for the purposes of paragraph (a), the analysed concentration must be corrected for recovery and the expanded measurement uncertainty subtracted from the analytical result.
c
The procedure in paragraphs (a) and (b) is not applicable in the case of microscopic analysis or in any other case where the method of analysis makes it impossible to estimate measurement uncertainty and correction for recovery.
.
5
In relation to the entries regarding dioxins and dioxin-like PCBs in Annex I to Part II (methods of analysis) of Schedule 2 —
a
in column 2 after the expression “Annex II to that Directive” add “, (in relation to point 2 of Annex I as replaced by, and in relation to point 2 of Annex II as amended by, Directive 2005/7/EC )”;
b
in column 3 opposite the expression added by sub-paragraph (a) insert “ OJ No. L27, 29.1.2005, p.41”.
6
In Schedule 3 Part II (notes for completion of certificate) in note (8) add the following sub-paragraph —
d
in cases where paragraph 4 of Part I of Schedule 2 is applicable, the result —
i
corrected or uncorrected for recovery, the manner of reporting and the level of recovery being indicated;
ii
as x plus or minus U , where x is the analytical result and U is the expanded measurement uncertainty, using a coverage factor of 2 to give a level of confidence of approximately 95%.
.
Signed by authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State
Department of Health
23rd January 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Complaints) Amendment Regulations 2006 and shall come into force on 1st September 2006.
2
These Regulations apply in relation to England only.
Interpretation
2
In these Regulations, “the Principal Regulations ” means the National Health Service (Complaints) Regulations 2004 .
Amendment of regulation 2 of the Principal Regulations
3
In regulation 2 (interpretation) of the Principal Regulations, in paragraph (1), in the appropriate alphabetical position, insert —
“ NHS Bursary Scheme” means the NHS Bursary Scheme established pursuant to section 63 of the Health Services and Public Health Act 1968 ; and
“ Social Services Complaints Regulations ” means the Local Authority Social Services Complaints (England) Regulations 2006 ;
.
Insertion of new regulations 3A and 3B into the Principal Regulations
4
After regulation 3 (arrangements for the handling and consideration of complaints) of the Principal Regulations, insert —
Complaints made to an NHS body relating in part to a local authority
3A
1
Paragraph (2) applies where it appears to an NHS body considering a complaint made in accordance with regulation 9 on or after 1st September 2006 that the complaint contains material which, had the complainant sent it to a local authority, would be a complaint which would fall to be handled by that authority under the Social Services Complaints Regulations.
2
The NHS body must, as regards that part of the complaint which would appear to be a complaint for the purposes of the Social Services Complaints Regulations (“the local authority complaint”) —
a
within 10 working days of receipt of the complaint, ask the complainant whether he wishes details of the local authority complaint to be sent to the local authority to which it relates; and
b
if the complainant does so wish, send details of the local authority complaint to that local authority as soon as reasonably practicable.
3
In the case of a complaint to which paragraph (2) applies, the NHS body must notify the complainant —
a
which part of the complaint will be handled in accordance with the procedure described in these Regulations; and
b
in a case where it has sent details of the local authority complaint to the local authority, that it has sent such details.
4
Where a local authority handles a complaint under the Social Services Complaints Regulations in consequence of having been sent details under paragraph (2)(b), the local authority and the NHS body must cooperate with a view to the complainant receiving a coordinated response to his complaint.
5
The duty to cooperate in paragraph (4) includes, in particular, a duty to —
a
provide information relevant to the consideration of a complaint which is reasonably requested;
b
attend any meeting reasonably required in connection with the consideration of a complaint; and
c
seek to agree which of the two bodies should take the lead in —
i
coordinating the handling of the complaints against them, and
ii
dealing with the complainant.
6
Where a complaint is referred to a local authority in accordance with paragraph (2)(b) the complainant shall be deemed to have made a complaint under regulation 3 (duty to deal with complaints) of the Social Services Complaints Regulations for the purposes of those Regulations.
Complaints made to an NHS body relating only to a local authority
3B
1
Where an NHS body receives a complaint on or after 1st September 2006 which does not fall within regulation 6 and it appears to the NHS body that the complaint contains material which, had the complainant sent it to a local authority, would be a complaint which would fall to be handled by that body under the Social Services Complaints Regulations, it must —
a
within 5 working days of receipt of the complaint, ask the complainant whether he wishes that material to be sent to the local authority to which it relates; and
b
if the complainant does so wish, send that material to that local authority as soon as reasonably practicable.
2
Where a complaint is referred to a local authority in accordance with paragraph (1) the complainant shall be deemed to have made a complaint under regulation 3 (duty to deal with complaints) of the Social Services Complaints Regulations for the purposes of those Regulations.
.
Amendment of regulation 5 of the Principal Regulations
5
In regulation 5 (complaints manager) of the Principal Regulations, at the end add —
3
A complaints manager may be —
a
a person who is not an employee of the NHS body; or
b
appointed as complaints manager for more than one NHS body.
.
Amendment of regulation 7 of the Principal Regulations
6
In regulation 7 (matters excluded from consideration under the arrangements) of the Principal Regulations —
a
omit the “and” at the end of paragraph (h); and
b
at the end, add —
j
a complaint the subject matter of which has already been investigated under these Regulations; and
k
a complaint which relates to any scheme established under section 10 (superannuation of persons engaged in health services, etc ) or section 24 (compensation for loss of office, etc) of the Superannuation Act 1972 , or to the administration of those schemes.
.
Amendment of regulation 13 of the Principal Regulations
7
In regulation 13 (response) of the Principal Regulations, for paragraph (3) substitute —
3
Subject to paragraph (4), the response must be sent to the complainant within 25 working days beginning on the date on which the complaint was made, unless the complainant agrees to a longer period in which case the response may be sent within that longer period.
.
Amendment of regulation 14 of the Principal Regulations
8
In regulation 14 (general complaints remit of the Healthcare Commission) of the Principal Regulations —
a
in paragraph (1), for “In any case” substitute “Subject to paragraph (1A), in any case”;
b
after paragraph (1), insert —
1A
Paragraph (1) does not apply in the case of a complaint, or part of a complaint, that was made to an NHS body in accordance with regulation 9 on or after 1st September 2006 which relates to the NHS Bursary Scheme, or the administration of that scheme.
; and
c
in paragraph (3), for “2 months” substitute “6 months”.
Amendment of regulation 15 of the Principal Regulations
9
In regulation 15 (remit of the Healthcare Commission in relation to complaints about NHS foundation trusts) of the Principal Regulations —
a
in paragraph (2)(a), after “a patient” insert “or any other person who is affected by, or likely to be affected by, the action or omission of the NHS foundation trust which forms the subject matter of the complaint”;
b
in paragraph (2)(b), for “patients” substitute “such persons”;
c
in paragraph (6), for “2 months” substitute “6 months”;
d
for paragraph (7), substitute —
7
The Healthcare Commission shall make a report to the Independent Regulator each month and when the Independent Regulator shall otherwise require, which —
a
specifies the number of complaints received about NHS foundation trusts in that month, or other period specified in the request;
b
identifies the subject matter of those complaints; and
c
summarises how any complaints concluded during that month, or other period specified in the request, were handled, including their outcome.
; and
e
at the end, add —
8
The Healthcare Commission may, provided that it has the consent, which may be either express or implied, of the complainant send a copy of any complaint that it has received about an NHS foundation trust to the Independent Regulator.
9
The Independent Regulator may request that the Healthcare Commission send him any complaint about an NHS foundation trust that the Healthcare Commission receives.
10
For the purposes of paragraph (9) the Independent Regulator may make a standing request that identifies a type of complaint that he wishes to receive.
11
Where the Healthcare Commission receives a request under paragraph (9) it must, provided that it has the consent, which may be either express or implied, of the complainant, send a copy of the complaint to the Independent Regulator —
a
in the case of an individual request, within two days of receiving the request; or
b
in the case of a standing request, within two days of receipt of a complaint which falls within the terms of that request.
12
On receipt of a copy of a complaint under paragraph (8) or (11) the Independent Regulator may give his views on the complaint or its handling to the Healthcare Commission and, where he wishes to give such views, must do so as soon as reasonably practicable.
.
Amendment of regulation 16 of the Principal Regulations
10
In regulation 16 (decision on handling of complaint) of the Principal Regulations, for paragraph (1)(c) substitute —
c
in the case of a complaint about an NHS foundation trust which falls within regulation 15(2), any views given by the Independent Regulator pursuant to regulation 15(12);
.
Amendment of regulation 18 of the Principal Regulations
11
In regulation 18 (panels) of the Principal Regulations —
a
for paragraph (1), substitute —
1
The Healthcare Commission may use an independent panel to hear and consider complaints.
;
b
in paragraph (2), omit “lay”;
c
omit paragraph (3);
d
in paragraph (4), for “ to (7)” substitute “and (6)”;
e
in paragraph (5), after “informed” insert “in a timely manner”; and
f
omit paragraph (7).
Amendment of regulation 19 of the Principal Regulations
12
In regulation 19 (report of investigation by the Healthcare Commission) of the Principal Regulations —
a
for paragraph (3)(e), substitute —
e
in the case of a complaint involving an NHS foundation trust, the Independent Regulator, where he so requests.
; and
b
after paragraph (3), insert —
3A
For the purposes of paragraph (3)(e) the Independent Regulator may make an individual request for a report to be sent to him, or a standing request that identifies a type of complaint of which he wishes to receive the report.
.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State
Department of Health
27th July 2006


text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Support) (Amendment) Regulations 2006 and shall come into force on 30th April 2006.
Interpretation
2
In these Regulations —
“the 2005 Regulations ” means the Education (Student Support) Regulations 2005 as amended by the Education (Student Support) (Amendment) Regulations 2005 , the Education (Student Support) (Amendment) ( No. 2) Regulations 2005 and the Adoption and Children (Miscellaneous Amendments) Regulations 2005 ;
“the 2006 Regulations ” means the Education (Student Support) Regulations 2006 .
Amendments to the 2005 Regulations
3
The 2005 Regulations are amended in accordance with regulations 4 to 27.
Amendment of regulation 2 of the 2005 Regulations
4
Omit the following definitions from regulation 2 of the 2005 Regulations —
1
“ EEA Agreement”;
2
“EEA migrant worker”;
3
“European Economic Area”;
4
“student loan account number”; and
5
“Switzerland Agreement”.
5
Omit the words “and any reference to the child of a refugee includes a reference to a step-child” from the definition of “refugee” in regulation 2 of the 2005 Regulations.
6
Omit paragraphs (2), (3), (4) and (5) from regulation 2 of the 2005 Regulations.
Amendment of regulation 3 of the 2005 Regulations
7
Omit paragraph (9) of regulation 3 of the 2005 Regulations.
Amendment of regulation 4 of the 2005 Regulations
8
In sub-paragraph (a) of paragraph (2) of regulation 4, for “is mentioned in Schedule 2” substitute “falls within one of the categories set out in Part 2 of Schedule 2”.
Amendment of regulation 9 of the 2005 Regulations
9
For sub-paragraphs (a), (b) and (c) of paragraph (2) of regulation 9 of the 2005 Regulations, substitute —
a
one of the events listed in regulation 11(16) occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Secretary of State within a period of nine months beginning with the day on which the relevant event occurred;
.
Amendment of regulation 11 of the 2005 Regulations
10
For paragraphs (15) and (16) of regulation 11 of the 2005 Regulations, substitute —
15
Where one of the events listed in paragraph (16) occurs in the course of an academic year —
a
a student may qualify for fee support in accordance with this Part in respect of that academic year provided that the relevant event occurred within the first three months of the academic year; and
b
fee support is not available in respect of any academic year beginning before the academic year in respect of which the relevant event occurred.
16
The events are —
a
the student’s course becomes a designated course;
b
the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain (as defined in Part 1 of Schedule 2);
c
a state accedes to the European Community where the student is a national of that state or the family member (as defined in Part 1 of Schedule 2) of a national of that state;
d
the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national;
e
the student acquires the right of permanent residence (as defined in Part 1 of Schedule 2);
f
the student becomes a person described in paragraph 6(1)(a) of Schedule 2; or
g
the student becomes the child of a Swiss national.
.
Amendment of regulation 13 of the 2005 Regulations
11
For paragraph (2) of regulation 13 of the 2005 Regulations, substitute —
2
An eligible student shall not qualify for a grant for living costs if the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.
.
12
For paragraphs (7) and (8) of regulation 13 of the 2005 Regulations, substitute —
7
Where one of the events listed in paragraph (8) occurs in the course of an academic year, a student may qualify for a grant in accordance with this Part in respect of all or part of that academic year but he does not qualify for a grant for living costs in respect of any academic year beginning before the relevant event occurred.
8
The events are —
a
the student’s course becomes a designated course;
b
the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain (as defined in Part 1 of Schedule 2);
c
the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;
d
the student acquires the right of permanent residence (as defined in Part 1 of Schedule 2);
e
the student becomes a person described in paragraph 6(1)(a) of Schedule 2; or
f
the student becomes the child of a Swiss national.
.
Amendment of regulation 17 of the 2005 Regulations
13
For paragraph (2) of regulation 17 of the 2005 Regulations, substitute —
2
The adult dependants' grant is available in respect of a dependant of an eligible student who is either —
a
the eligible student’s partner; or
b
an adult dependant whose net income does not exceed £3,445.
.
14
For paragraph (5) of regulation 17 of the 2005 Regulations, substitute —
5
The amount of adult dependants' grant calculated under regulation 20 in respect of an adult dependant shall be reduced by one half where —
a
the eligible student’s partner —
i
is an eligible student; or
ii
holds a statutory award; and
b
account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which he is entitled under the statutory award.
.
Amendment of regulation 19 of the 2005 Regulations
15
For paragraph (1) of regulation 19 of the 2005 Regulations, substitute —
1
An eligible student shall qualify in connection with his attendance on a designated course for the parents' learning allowance if he has one or more dependants who are dependent children.
.
Amendment of regulation 24 of the 2005 Regulations
16
For paragraphs (3), (4) and (5) of regulation 24 of the 2005 Regulations, substitute —
3
An eligible student shall not qualify for a loan for living costs if the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.
4
Where one of the events listed in paragraph (5) occurs in the course of an academic year —
a
a student may qualify for a loan for living costs in respect of such quarters of that academic year as are specified in regulation 25(9) provided that he meets the conditions in paragraph (1); and
b
a student shall not qualify for a loan for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred.
5
The events are —
a
the student’s course becomes a designated course;
b
the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain (as defined in Part 1 of Schedule 2);
c
the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three year-period immediately preceding the first day of the first academic year of the course;
d
the student acquires the right of permanent residence (as defined in Part 1 of Schedule 2);
e
the student becomes a person described in paragraph 6(1)(a) of Schedule 2; or
f
the student becomes the child of a Swiss national.
.
Amendment of regulation 34 of the 2005 Regulations
17
In sub-paragraph (a) of paragraph (2) of regulation 34 of the 2005 Regulations, for “is mentioned in Schedule 2” substitute “falls within one of the categories set out in Part 2 of Schedule 2”.
18
For paragraph (7) of regulation 34 of the 2005 Regulations, substitute —
7
An eligible part-time student shall not qualify for support under regulation 37(1)(b) or regulation 38 if the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.
.
19
For paragraphs (13) and (14) of regulation 34 of the 2005 Regulations, substitute —
13
Where one of the events listed in paragraph (14A) occurs in the course of an academic year —
a
a student may qualify for a grant in respect of fees in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; and
b
a grant in respect of fees is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
14
Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g) or (h) of paragraph (14A) occurs in the course of an academic year —
a
a student may qualify for support under regulation 37(1)(b) in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; and
b
support of the kind referred to in regulation 37(1)(b) is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
14A
The events are —
a
the student’s course becomes a designated part-time course;
b
the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain (as defined in Part 1 of Schedule 2);
c
a state accedes to the European Community where the student is a national of that state or a family member (as defined in Part 1 of Schedule 2) of a national of that state;
d
the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national;
e
the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three year-period immediately preceding the first day of the first academic year of the course;
f
the student acquires the right of permanent residence (as defined in Part 1 of Schedule 2);
g
the student becomes a person described in paragraph 6(1)(a) of Schedule 2; or
h
the student becomes the child of a Swiss national.
.
Amendment of regulation 39 of the 2005 Regulations
20
For sub-paragraphs (a) and (b) of paragraph (3) of regulation 39 of the 2005 Regulations, substitute —
a
one of the events listed in regulation 34(14A) occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Secretary of State within a period of six months beginning with the day on which the relevant event occurred.
.
Amendment of regulation 46 of the 2005 Regulations
21
In sub-paragraph (a) of paragraph (3) of regulation 46 of the 2005 Regulations, for “mentioned in Schedule 2” substitute “falls within one of the categories set out in Part 2 of Schedule 2”.
22
For paragraph (5) of regulation 46 of the 2005 Regulations, substitute —
5
An eligible postgraduate student shall not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.
.
23
After paragraph (8) of regulation 46 of the 2005 Regulations, insert —
9
Where one of the events listed in paragraph (10) occurs in the course of an academic year —
a
a student may qualify for a grant under this Part in respect of that academic year in accordance with this Part; and
b
a grant of the kind available under this Part is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
10
The events are —
a
the student’s course becomes a designated postgraduate course;
b
the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain (as defined in Part 1 of Schedule 2);
c
the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;
d
the student acquires the right of permanent residence (as defined in Part 1 of Schedule 2);
e
the student becomes a person described in paragraph 6(1)(a) of Schedule 2;
f
the student becomes the child of a Swiss national.
.
Omission of Part 11 of the 2005 Regulations
24
Omit Part 11 of the 2005 Regulations.
Substitution of Schedule 2 to the 2005 Regulations
25
For the text of Schedule 2 to the 2005 Regulations, substitute the text set out in Schedule 1 to these Regulations.
Amendment of Schedule 5 to the 2005 Regulations
26
In paragraph 4(1)(b) and paragraph 5(2)(a) of Schedule 5 to the 2005 Regulations, insert after the words “Income and Corporation Taxes Act 1988” —
or under section 188 of the Finance Act 2004
.
27
In paragraph 4(2) of Schedule 5 to the 2005 Regulations —
a
for the words “Where the only paragraph from 1 to 7 of Schedule 2 into which an eligible student falls is paragraph 7”, substitute “Where the only paragraph in Part 2 of Schedule 2 into which the eligible student falls is paragraph 9”;
b
for the words “paragraph 1 of Schedule 2” substitute “paragraph 2 of Schedule 2”; and
c
for the words “any paragraph of Schedule 2” substitute “any paragraph of Part 2 of Schedule 2”.
Amendment of the 2006 Regulations
28
The 2006 Regulations are amended in accordance with regulations 29 to 40.
Amendment of regulation 2 of the 2006 Regulations
29
After the definition of “borrower” in regulation 2 of the 2006 Regulations, insert —
“college fee loan” means a loan pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act in respect of the college fees payable by a student to a college or permanent private hall of the University of Oxford or to a college of the University of Cambridge;
.
30
For the definition of “fees” in regulation 2 of the 2006 Regulations, substitute —
“fees” has the meaning given in section 41(1) of the 2004 Act except in the case of college fees;
.
Amendment of regulation 9 of the 2006 Regulations
31
For paragraph (b) of paragraph (2) of regulation 9, substitute —
b
the applicant is making a separate application for a fee loan, a fee contribution loan, a loan for living costs or a college fee loan or is applying for an additional amount of fee loan under regulation 20(4) or 20(10), an additional amount of fee contribution loan under regulation 31(5), an additional amount of loan for living costs under regulation 68(3) or an additional amount of college fee loan under paragraph 14(2) of Schedule 3A, in which case the application must reach the Secretary of State not later than one month before the end of the academic year in respect of which he is applying for support;
.
Amendment of regulation 14 of the 2006 Regulations
32
For regulation 14 of the 2006 Regulations, substitute —
14
The events are —
a
the student’s course becomes a designated course;
b
the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain (as defined in Part 1 of Schedule 1);
c
a state accedes to the European Community where the student is a national of that state or a family member (as defined in Part 1 of Schedule 1) of a national of that state;
d
the student becomes a family member (as defined in Part 1 of Schedule 1) of an EC national;
e
the student acquires the right of permanent residence (as defined in Part 1 of Schedule 1);
f
the student becomes a person described in paragraph 6(1)(a) of Schedule 1; or
g
the student becomes the child of a Swiss national.
.
Amendment of regulation 41 of the 2006 Regulations
33
For paragraph (2) of regulation 41 of the 2006 Regulations, substitute —
2
The adult dependants' grant is available in respect of a dependant of an eligible student who is either —
a
the eligible student’s partner; or
b
an adult dependant whose net income does not exceed £3,530.
.
Amendment of regulation 43 of the 2006 Regulations
34
For paragraph (1) of regulation 43 of the 2006 Regulations, substitute —
1
An eligible student qualifies in connection with his attendance on a designated course for the parents' learning allowance if he has one or more dependants who are dependent children.
.
Amendment of regulation 44 of the 2006 Regulations
35
For paragraph (4) of regulation 44 of the 2006 Regulations, substitute —
4
The amount of adult dependants' grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where —
a
the eligible student’s partner —
i
is an eligible student; or
ii
holds a statutory award; and
b
account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which he is entitled under the statutory award.
.
Insertion of a new Part in the 2006 Regulations
36
After regulation 70, insert —
PART 6A
COLLEGE FEE LOANS
70A
A college fee loan is available to an eligible student in accordance with Schedule 3A.
.
Amendment of regulation 84 of the 2006 Regulations
37
For paragraphs (12) and (13) of regulation 84 of the 2006 Regulations, substitute —
12
Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g) or (h) of paragraph (13) occurs in the course of an academic year —
a
a student may qualify for a grant for books, travel and other expenditure in respect of that academic year in accordance with this Part; and
b
a grant for books, travel and other expenditure is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
13
The events are —
a
the student’s course becomes a designated part-time course;
b
the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain (as defined in Part 1 of Schedule 1);
c
a state accedes to the European Community where the student is a national of that state or a family member (as defined in Part 1 of Schedule 1) of a national of that state;
d
the student becomes a family member (as defined in Part 1 of Schedule 1) of an EC national;
e
the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three year-period immediately preceding the first day of the first academic year of the course;
f
the student acquires the right of permanent residence (as defined in Part 1 of Schedule 1);
g
the student becomes a person described in paragraph 6(1)(a) of Schedule 1; or
h
the student becomes the child of a Swiss national.
.
Substitution of Schedule 1 to the 2006 Regulations
38
For the text of Schedule 1 to the 2006 Regulations, substitute the text set out in Schedule 1 to these Regulations.
Insertion of a new Schedule to the 2006 Regulations
39
After Schedule 3 to the 2006 Regulations, insert Schedule 3A as set out in Schedule 2 to these Regulations.
Amendment of Schedule 4 to the 2006 Regulations
40
For paragraph (f) of sub-paragraph (1) of paragraph 2 of Schedule 4 to the 2006 Regulations, substitute —
f
he was looked after by a local authority (within the meaning of section 22 of the Children Act 1989 ) throughout any three-month period ending on or after the date on which he attained the age of 16 and before the first day of the first academic year of the course (the “relevant period”) provided that he has not in fact at any time during the relevant period been under the charge or control of his parents;
.
Bill Rammell
Minister of State
Department for Education and Skills
28th March 2006


text:
Citation and commencement
1
This Order may be cited as the Housing Benefit and Council Tax Benefit (Electronic Communications) Order 2006 and shall come into force on 20th December 2006.
Amendment of the Housing Benefit Regulations 2006
2
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
after the definition of “the 1973 Act” insert —
“the 2000 Act ” means the Electronic Communications Act 2000;
; and
b
after the definition of “the Eileen Trust” insert —
“electronic communication” has the same meaning as in section 15(1) of the 2000 Act;
.
3
After regulation 83 (time and manner in which claims are to be made) insert —
Electronic claims for benefit
83A
A claim for housing benefit may be made by means of an electronic communication in accordance with Schedule 11.
.
4
After regulation 88 (duty to notify changes of circumstances) insert —
Notice of changes of circumstances given electronically
88A
A person may give notice of a change of circumstances required to be notified under regulation 88 by means of an electronic communication in accordance with Schedule 11.
.
5
After Schedule 10 (prescribed authorities) insert as Schedule 11 the Schedule set out in the Schedule to this Order.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
3
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
after the definition of “the 1973 Act” insert —
“the 2000 Act” means the Electronic Communications Act 2000;
; and
b
after the definition of “the Eileen Trust” insert —
“electronic communication” has the same meaning as in section 15(1) of the 2000 Act;
.
3
After regulation 64 (time and manner in which claims are to be made) insert —
Electronic claims for benefit
64A
A claim for housing benefit may be made by means of an electronic communication in accordance with Schedule 10.
.
4
After regulation 69 (duty to notify changes of circumstances) insert —
Notice of changes of circumstances given electronically
69A
A person may give notice of a change of circumstances required to be notified under regulation 69 by means of an electronic communication in accordance with Schedule 10.
.
5
After Schedule 9 (prescribed authorities) insert as Schedule 10 the Schedule set out in the Schedule to this Order.
Amendment of the Council Tax Benefit Regulations 2006
4
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
after the definition of “the 1992 Act” insert —
“the 2000 Act” means the Electronic Communications Act 2000;
; and
b
after the definition of “the Eileen Trust” insert —
“electronic communication” has the same meaning as in section 15(1) of the 2000 Act;
.
3
After regulation 69 (time and manner in which claims are to be made) insert —
Electronic claims for benefit
69A
A claim for council tax benefit may be made by means of an electronic communication in accordance with Schedule 9.
.
4
After regulation 74 (duty to notify changes of circumstances) insert —
Notice of changes of circumstances given electronically
74A
A person may give notice of a change of circumstances required to be notified under regulation 74 by means of an electronic communication in accordance with Schedule 9.
.
5
After Schedule 8 (prescribed authorities) insert as Schedule 9 the Schedule set out in the Schedule to this Order.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
5
1
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
after the definition of “the 1992 Act” insert —
“the 2000 Act” means the Electronic Communications Act 2000;
; and
b
after the definition of “the Eileen Trust” insert —
“electronic communication” has the same meaning as in section 15(1) of the 2000 Act;
.
3
After regulation 53 (time and manner in which claims are to be made) insert —
Electronic claims for benefit
53A
A claim for council tax benefit may be made by means of an electronic communication in accordance with Schedule 8.
.
4
After regulation 59 (duty to notify changes of circumstances) insert —
Notice of changes of circumstances given electronically
59A
A person may give notice of a change of circumstances required to be notified under regulation 59 by means of an electronic communication in accordance with Schedule 8.
.
5
After Schedule 7 (prescribed authorities) insert as Schedule 8 the Schedule set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under Secretary of State,
Department for Work and Pensions
14th November 2006


text:
Citation, commencement and application
1
1
This Order may be cited as The Housing (Interim Management Orders) (Prescribed Circumstances) (England) Order 2006 and shall come into force on 6th April 2006.
2
This Order applies to houses in England to which section 103 of the Housing Act 2004 (“ the Act ”) applies .
Prescribed circumstances for authorisation of interim management orders to which this Order applies
2
1
The following circumstances are prescribed for the purposes of section 103(3) of the Act —
a
the area in which the house is located is experiencing a significant and persistent problem caused by anti-social behaviour ;
b
that problem is attributable, in whole or in part, to the anti-social behaviour of an occupier of the house;
c
the landlord of the house is a private sector landlord;
d
the landlord of the house is failing to take action to combat that problem that it would be appropriate for him to take; and
e
the making of an interim management order, when combined with other measures taken in the area by the local housing authority, or by other persons together with the local housing authority, will lead to a reduction in, or elimination of, that problem.
2
In this article “private sector landlord” does not include a registered social landlord within the meaning of Part 1 of the Housing Act 1996 .
Signed by authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
15th February 2006