type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Dental Charges) Amendment Regulations 2006 and shall come into force on 10th August 2006.
2
These Regulations apply in relation to England only .
Amendment to the National Health Service (Dental Charges) Regulations 2005
2
In Schedule 3 to the National Health Service (Dental Charges) Regulations 2005 (Band 3 Charges – Provision of Appliances) paragraph (i) shall be omitted.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
11th July 2006


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Kettering (Electoral Changes) Order 2006.
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2007, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2007.
Interpretation
2
In this Order —
“borough” means the borough of Kettering;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
“map” means the map marked “Map referred to in the Borough of Kettering (Electoral Changes) Order 2006”, of which prints are available for inspection at the principal office of the Electoral Commission; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the borough of Kettering
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into seventeen wards which shall be named as set out in column (1) of the Schedule.
3
Each ward shall comprise the area described in column (2) of the Schedule by reference to parishes and parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines.
4
The number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Desborough
4
1
The existing wards of the parish of Desborough shall be abolished.
2
The parish shall be divided into two wards which shall be named Loatland and St Giles.
3
Each ward shall comprise the area designated on sheet 1 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each ward shall be six.
Map
5
Kettering Borough Council shall make a print of the map available for inspection at its offices by any member of the public at any reasonable time.
Electoral register
6
The registration officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The Borough of Kettering (Electoral Changes) Order 1998 , save for article 5, and article 7 of the Kettering (Parishes and Electoral Changes) ( No. 2) Order 2001 , are revoked.
Sealed with the seal of the Electoral Commission on the 23rd day of November 2006
Sam Younger
Chairman of the Commission
23rd November 2006
Jacqui Dixon
Secretary to the Commission
23rd November 2006


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2006 and shall come into force on 22nd June 2006.
2
In these Regulations:
“asylum claimant” means a person making a claim for asylum (within the meaning given in section 94(1) of the Immigration and Asylum Act 1999 ) which claim either has not been determined or has been granted;
“dependant”, of a person, means —
the spouse, civil partner, unmarried partner or same sex partner, or
a child under the age of eighteen,
of that person; and
“public enquiry office” means a public enquiry office of the Immigration and Nationality Directorate of the Home Office.
Prescribed Forms
3
1
Subject to paragraph (2), the form set out in Schedule 1 is prescribed for an application for limited or indefinite leave to remain in the United Kingdom as:
a
a business person,
b
a sole representative,
c
a retired person of independent means,
d
an investor, or
e
an innovator,
for the purposes of the immigration rules.
2
Paragraph (1) does not apply to an application for limited or indefinite leave to remain in the United Kingdom as a business person where the application is made under the terms of a European Community Association Agreement.
4
The form set out in Schedule 2 is prescribed for an application for limited leave to remain in the United Kingdom:
a
for work permit employment,
b
as a highly skilled migrant,
c
as a seasonal agricultural worker,
d
for the purpose of employment under the Sectors-Based Scheme, or
e
for Home Office approved training or work experience,
for the purposes of the immigration rules.
5
The form set out in Schedule 3 is prescribed for an application for limited leave to remain in the United Kingdom as:
a
the spouse or civil partner of a person present and settled in the United Kingdom, or
b
the unmarried partner or same sex partner of a person present and settled in the United Kingdom,
for the purposes of the immigration rules.
6
The form set out in Schedule 4 is prescribed for an application for limited leave to remain in the United Kingdom:
a
as a student,
b
as a student nurse,
c
to re-sit an examination,
d
to write up a thesis,
e
as a student union sabbatical officer, or
f
as a prospective student,
for the purposes of the immigration rules.
7
The form set out in Schedule 5 is prescribed for an application for limited leave to remain in the United Kingdom as a participant in the Science and Engineering Graduates Scheme for the purposes of the immigration rules.
8
The form set out in Schedule 6 is prescribed for an application for limited leave to remain in the United Kingdom as a participant in the Fresh Talent: Working in Scotland Scheme for the purposes of the immigration rules.
9
1
The form set out in Schedule 7 is prescribed for an application for limited leave to remain in the United Kingdom as:
a
a visitor,
b
a visitor seeking to undergo or continue private medical treatment,
c
a postgraduate doctor or dentist or a trainee general practitioner,
d
an au pair,
e
a teacher or language assistant under an approved exchange scheme,
f
a representative of an overseas newspaper, news agency or broadcasting organisation,
g
a private servant in a diplomatic household,
h
a domestic worker in a private household,
i
an overseas government employee,
j
a minister of religion, missionary or member of a religious order,
k
a visiting religious worker or a religious worker in a non-pastoral role,
l
a member of the operational ground staff of an overseas-owned airline,
m
a person with United Kingdom ancestry,
n
a writer, composer or artist,
o
an overseas qualified nurse or midwife, or
p
the spouse, civil partner or child of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971,
for the purposes of the immigration rules.
2
Subject to paragraph (3), the form set out in Schedule 7 is prescribed for an application for limited leave to remain in the United Kingdom for any other reason or purpose for which provision is made in the immigration rules but which is not covered by the forms prescribed in regulations 3 to 8.
3
Paragraph (2) does not apply to an application for limited leave to remain in the United Kingdom where:
a
the application is made under the terms of a European Community Association Agreement, or
b
the basis on which the application is made is that the applicant is an asylum claimant or a dependant of an asylum claimant.
10
The form set out in Schedule 8 is prescribed for an application for indefinite leave to remain in the United Kingdom as:
a
the spouse or civil partner of a person present and settled in the United Kingdom, or
b
the unmarried partner or same sex partner of a person present and settled in the United Kingdom,
for the purposes of the immigration rules.
11
The form set out in Schedule 9 is prescribed for an application for indefinite leave to remain in the United Kingdom as:
a
the child under the age of eighteen of a parent, parents or relative present and settled in the United Kingdom,
b
the adopted child under the age of eighteen of a parent or parents present and settled in the United Kingdom, or
c
the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom,
for the purposes of the immigration rules.
12
1
The form set out in Schedule 10 is prescribed for an application for indefmite leave to remain in the United Kingdom:
a
as a work permit holder,
b
as a highly skilled migrant,
c
as a representative of an overseas newspaper, news agency or broadcasting organisation,
d
as a private servant in a diplomatic household,
e
as a domestic worker in a private household,
f
as an overseas government employee,
g
as a minister of religion, missionary or member of a religious order,
h
as a member of the operational ground staff of an overseas-owned airline,
i
as a person with United Kingdom ancestry,
j
as a writer, composer or artist,
k
on the basis of long residence in the United Kingdom,
l
as a victim of domestic violence, or
m
as a foreign or Commonwealth citizen discharged from HM Forces,
for the purposes of the immigration rules.
2
Subject to paragraph (3), the form set out in Schedule 10 is hereby prescribed for an application for indefinite leave to remain in the United Kingdom for any other reason or purpose for which provision is made in the immigration rules but which is not covered by the forms prescribed in regulations 10 or 11.
3
Paragraph (2) does not apply to an application for indefinite leave to remain in the United Kingdom where:
a
the application is made under the terms of a European Community Association Agreement,
b
the basis on which the application is made is that the applicant is an asylum claimant or a dependant of an asylum claimant.
13
An application for leave to remain in the United Kingdom which is made by a person (“the main applicant”) on a form prescribed in any of the regulations 3 to 12 above may include an application in respect of any person applying for leave to remain in the United Kingdom as a dependant of the main applicant, insofar as this is permitted by the immigration rules.
Prescribed procedures
14
1
The following procedures are hereby prescribed in relation to an application for which a form is prescribed in regulations 3 to 12:
a
the form shall be signed and dated by the applicant, save that where the applicant is under the age of eighteen, the form may be signed and dated by the parent or legal guardian of the applicant on behalf of the applicant;
b
the application shall be accompanied by such documents and photographs as specified in the form; and
c
each part of the form shall be completed as specified in the form.
2
The following procedures are hereby prescribed in relation to delivery of an application for which a form is prescribed:
a
in relation to an application for which a form is prescribed in regulation 3, the application shall be sent by prepaid post or by courier to the Immigration and Nationality Directorate of the Home Office; it may not be submitted in person at a public enquiry office;
b
subject to (3) in relation to an application for which a form is prescribed in regulation 4, the application shall be:
i
sent by prepaid post or by courier to Work Permits ( UK ) at the Immigration and Nationality Directorate of the Home Office, or
ii
submitted in person at the Croydon public enquiry office (but no other public enquiry office),
c
in relation to an application for which a form is prescribed in regulations 5 to 12 above, the application shall be:
i
sent by prepaid post to the Immigration and Nationality Directorate of the Home Office, or
ii
submitted in person at a public enquiry office.
3
An application for which a form is prescribed in regulation 4(b) (application for limited leave to remain in the United Kingdom as a highly skilled migrant) shall be sent by prepaid post or by courier to Work Permits (UK) at the Immigration and Nationality Directorate of the Home Office, and may not be submitted in person at a public enquiry office.
15
1
A failure to comply with any of the requirements of regulation 14(1) to any extent will only invalidate an application if:
a
the applicant does not provide, when making the application, an explanation for the failure which the Secretary of State considers to be satisfactory,
b
the Secretary of State notifies the applicant, or the person who appears to the Secretary of State to represent the applicant, of the failure within 28 days of the date on which the application is made, and
c
the applicant does not comply with the requirements within a reasonable time, and in any event within 28 days, of being notified by the Secretary of State of the failure.
2
For the purposes of this regulation, the date on which the application is made is:
a
in the case of an application sent by post, the date of posting,
b
in the case of an application submitted in person, the date on which the application is delivered to, and accepted by, a public enquiry office, and
c
in the case of an application sent by courier, the date on which the application is delivered to Work Permits (UK) at the Immigration and Nationality Directorate of the Home Office.
Revocation and transitional provision
16
1
Subject to (2) the Immigration (Leave to Remain) (Prescribed Forms and Procedures) ( No. 2) Regulations 2005 are hereby revoked.
2
An application made on a form prescribed in the Immigration (Leave to Remain) (Prescribed Forms and Procedures) (No. 2) Regulations 2005 shall be deemed to have been made on the corresponding form prescribed in these Regulations if made within 21 days of these Regulations coming into force for the purposes of section 31A of the Immigration Act 1971.
Liam Byrne
Minister of State
Home Office
25th May 2006


text:
Citation and interpretation
1
This Order may be cited as The Electoral Administration Act 2006 (Commencement No. 1 and Transitional Provisions) Order 2006.
2
In this Order “ the Act ” means the Electoral Administration Act 2006.
Commencement of provisions
3
1
This article is subject to article 4.
2
The day appointed for the coming into force of the provisions of the Act specified in Schedule 1 to this Order is 11th September 2006.
Transitional provisions
4
Schedule 2 to this Order, which makes transitional provisions, has effect.
Signed by the authority of the Secretary of State
Bridget Prentice
Parliamentary Under Secretary of State
Department for Constitutional Affairs
20th July 2006


text:
PART 1 GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Amendment) Regulations 2006 and shall come into force on 19th January 2007.
2
These Regulations shall apply in relation to England only .
PART 2 Amendment of the Local Pharmaceutical Services Regulations
Amendment of the Local Pharmaceutical Services Regulations
2
The National Health Service (Local Pharmaceutical Services etc. ) Regulations 2006 are amended in accordance with the provisions of this Part.
Amendment of regulation 2 of the Local Pharmaceutical Services Regulations
3
In paragraph (1) of regulation 2 (interpretation) —
a
in the definition of “independent nurse prescriber”, in sub-paragraph (b) omit “, medicines”;
b
after the definition of “non-proprietary name” insert the following definition —
“notice” means a notice in writing (and includes an electronic notice in writing), and “notify” shall be construed as meaning notify by a notice (which may, accordingly, be by means of an electronic notice in writing);
; and
c
in the definition of “pharmacist independent prescriber”, in sub-paragraph (b) omit “, medicines”.
Amendment of regulation 8 of the Local Pharmaceutical Services Regulations
4
In regulation 8 (reasons), omit “in writing”.
Amendment of regulation 14 of the Local Pharmaceutical Services Regulations
5
In paragraph (1) of regulation 14 ( LPS schemes: general) for sub-paragraph (a), substitute —
a
the services to be provided, which must include the dispensing of drugs; and
.
Amendment of regulation 15 of the Local Pharmaceutical Services Regulations
6
In paragraph (5) of regulation 15 (right of return to pharmaceutical lists) —
a
before sub-paragraph (a) insert —
za
the contractor or proposed contractor;
; and
b
omit “in writing”.
Amendment of Schedule 2 to the Local Pharmaceutical Services Regulations
7
In sub-paragraph (10) of paragraph 22 of Schedule 2 (contract terms), omit “in writing”.
PART 3 Amendment of the Pharmaceutical Services Regulations
Amendment of the Pharmaceutical Services Regulations
8
The National Health Service (Pharmaceutical Services) Regulations 2005 are amended in accordance with the provisions of this Part.
Amendment of regulation 2 of the Pharmaceutical Services Regulations
9
In paragraph (1) of regulation 2 (interpretation) —
a
in the definition of “independent nurse prescriber”, in sub-paragraph (b) omit “, medicines”; and
b
in the definition of “pharmacist independent prescriber”, —
i
in sub-paragraph (b), for “drugs, medicines and appliances as a pharmacist independent prescriber;” substitute “drugs and appliances as a pharmacist independent prescriber; and “ and
ii
after sub-paragraph (b) add the following sub-paragraph —
c
who is —
i
included in a pharmaceutical list, and with whom the Primary Care Trust has made an arrangement for the provision of a directed service which is an Independent Prescribing Service;
ii
employed or engaged by a person who is included in a pharmaceutical list, and the Primary Care Trust has made an arrangement with that person for the provision of a directed service which is an Independent Prescribing Service;
iii
employed or engaged by a GMS contractor, a PMS contractor, an APMS contractor or a PCTMS practice to provide services equivalent to a directed service which is an Independent Prescribing Service;
iv
a relevant GMS contractor, a relevant PMS contractor, or a relevant APMS contractor contracted to provide services equivalent to a directed service which is an Independent Prescribing Service;
v
employed or engaged by a relevant GMS contractor, a relevant PMS contractor, or a relevant APMS contractor to provide services equivalent to a directed service which is an Independent Prescribing Service; or
vi
employed or engaged by a Primary Care Trust or an LPS chemist to provide services equivalent to a directed service which is an Independent Prescribing Service; or
vii
employed or engaged by a NHS trust or NHS foundation trust to provide NHS services and is prescribing in that capacity;
.
Amendment of regulation 6 of the Pharmaceutical Services Regulations
10
In regulation 6 (applications involving a minor relocation within a Primary Care Trust’s area) —
a
in paragraph (1), for “regulation 9(2)” substitute “regulation 9”; and
b
in paragraph (8), omit “in writing”.
Amendment of regulation 7 of the Pharmaceutical Services Regulations
11
In regulation 7 (applications involving a minor relocation between neighbouring Primary Care Trusts) —
a
in paragraph (1), for “regulations 9(2)” substitute “regulations 9”; and
b
in paragraph (8), omit “in writing”.
Amendment of regulation 10 of the Pharmaceutical Services Regulations
12
In paragraph (9) of regulation 10 (right of return to pharmaceutical lists), omit “in writing”.
Amendment of regulation 14 of the Pharmaceutical Services Regulations
13
In regulation 14 (variation of directed services in respect of exempted premises) —
a
in paragraph (6), omit “in writing” in both places that it occurs; and
b
in paragraph (10), omit “in writing”.
Amendment of regulation 19 of the Pharmaceutical Services Regulations
14
In paragraph (4)(f) of regulation 19 (refusal: fitness to practise grounds), for “Part 1” substitute “Part 2”.
Amendment of regulation 21 of the Pharmaceutical Services Regulations
15
In paragraph (4) of regulation 21 (conditional inclusion relating to fitness to practise matters), for “in writing as soon as is practicable of any” substitute “within seven days of the date of a decision to impose any conditions of the”.
Amendment of regulation 23 of the Pharmaceutical Services Regulations
16
In regulation 23 (notification of applications) —
a
in paragraph (2), omit “in writing” at the first place where it occurs; and
b
in paragraph (3), omit “in writing” at the first place where it occurs.
Amendment of regulation 24 of the Pharmaceutical Services Regulations
17
In sub-paragraph (a) of paragraph (2) of regulation 24 (determination of applications), before “check as far” insert “ensure that it has sight of all relevant documents and”.
Amendment of regulation 26 of the Pharmaceutical Services Regulations
18
In paragraph (3) of regulation 26 (deferral of consideration of applications on fitness to practise grounds), omit “in writing”.
Amendment of regulation 27 of the Pharmaceutical Services Regulations
19
In regulation 27 (notification of decision) —
a
in paragraph (1) —
i
omit “in writing”,
ii
before sub-paragraph (a), insert the following sub-paragraph —
za
in the case of an application to which regulation 6(1) or 7(1) applies, to —
i
the applicant, and
ii
any person who has made representations to the Primary Care Trust in accordance with regulation 23(2) or 23(3);
, and
iii
in sub-paragraph (a), for “regulation 6,7,” substitute “regulation 6(3),7(3),”;
b
in paragraph (2), after “involves” insert “either a minor relocation within a Primary Care Trust’s area or between neighbouring Primary Care Trusts that falls to be dealt with under regulation 6(3), or 7(3) as appropriate or”; and
c
in paragraph (3), omit “in writing”.
Amendment of regulation 28 of the Pharmaceutical Services Regulations
20
In paragraph (4)(b) of regulation 28 (notifications by Primary Care Trusts to other persons), for “the name and registered office” substitute “the name, registration number, registered office and telephone number relating to that office of the body corporate together with the name and address of any director or superintendent”.
Amendment of regulation 29 of the Pharmaceutical Services Regulations
21
In regulation 29 (appeals) —
a
after paragraph (1) insert —
1A
Where a Primary Care Trust has determined an application to which regulation 6(1) or 7(1) applied, the persons who may appeal to the Secretary of State are —
a
the applicant; and
b
any person who —
i
was given notice of the application under regulation 23(2)(c) or (d) or regulation 23(3)(c) or (d), and
ii
made representations to the Primary Care Trust in accordance with regulation 23(2) or 23(3).
;
b
in paragraph (2)(a), for “regulation 6(1), 7(1),” substitute “regulation 6(3), 7(3),”;
c
in paragraph (7), for “paragraph (2)” substitute “paragraph (1A), (2)”;
d
in paragraph (11), before sub-paragraph (a) insert —
za
in the case of an appeal to which paragraph (1A) relates, to the persons mentioned in regulation 27(1)(za);
; and
e
in paragraph (19), omit “in writing”.
Amendment of regulation 31 of the Pharmaceutical Services Regulations
22
In paragraph (12) of regulation 31 (determination that an area is a controlled locality), omit “in writing”.
Amendment of regulation 32 of the Pharmaceutical Services Regulations
23
In paragraph (11) of regulation 32 (appeals relating to rurality of an area), omit “in writing”.
Amendment of regulation 34 of the Pharmaceutical Services Regulations
24
In paragraph (1)(b) of regulation 34 (decision not to consider an application in respect of premises in a controlled locality) —
a
after “any application to which” insert “ regulation 12 or”; and
b
for “pharmacist” substitute “chemist”.
Amendment of regulation 36 of the Pharmaceutical Services Regulations
25
In regulation 36 (determination of applications in respect of controlled localities), —
a
in paragraph (1), for “regulations 25 and 26” substitute “regulations 18ZA, 25 and 26”; and
b
in paragraph (3)(a), before “check as far” insert “ensure that it has sight of all relevant documents and”.
Amendment of regulation 37 of the Pharmaceutical Services Regulations
26
In regulation 37 (notification of decision in respect of applications in controlled localities) —
a
in paragraph (1) —
i
omit “in writing”, and
ii
for sub-paragraph (b) substitute —
b
of the rights of appeal arising under regulation 38.
;
b
in paragraph (2), after “application” insert “under regulation 6(3), 7(3) or”; and
c
in paragraph (3), omit “in writing”.
Amendment of regulation 38 of the Pharmaceutical Services Regulations
27
1
Before paragraph (2) of regulation 38 (appeals in connection with determinations in respect of controlled localities etc ) insert the following paragraphs —
1A
Where a Primary Care Trust has determined an application to which regulations 33 to 36 applied, and regulation 6(1) or 7(1) also applied to that application, the persons who may appeal to the Secretary of State are —
a
the applicant; and
b
any person who —
i
was given notice of the application under regulation 33(2)(c) or (d) or regulation 33(3)(c) or (d), and
ii
made representations to the Primary Care Trust in accordance with regulation 33(4).
1B
Where a Primary Care Trust has determined an application to which regulations 33 to 36 applied, and regulation 6(3), 7(3), 8, 9, or 10 also applied to that application, or the Primary Care Trust has made a decision under regulation 39(8) in relation to that application, the persons who may appeal to the Secretary of State are —
a
the applicant; and
b
any person who was given notice of the decision under regulation 37(1)(a)(iv) or (v) or regulation 37(3)(c) or (d).
1C
Where a Primary Care Trust has determined an application to which regulations 33 to 36 applied, and regulation 12 also applied to that application or would have applied but for an exemption under regulation 13, the persons who may appeal to the Secretary of State are —
a
the applicant; and
b
except in the case of an application to which regulation 13(1) applies, any person who —
i
was given notice of the application under regulation 33(2)(c) or (d) or regulation 33(3)(c) or (d), and
ii
made representations to the Primary Care Trust in accordance with regulation 33(4).
1D
Paragraphs (1A), (1B) and (1C) do not apply to determinations of applications under regulation 18ZA or 36(2).
.
2
For sub-paragraph (a) of paragraph (2) of regulation 38, substitute —
a
has determined an application that does not fall within paragraph (1A), (1B) or (1C) or a question raised by an application (but not the application itself) to which regulations 33 to 36 applied;
.
3
In paragraph (3) of regulation 38 —
a
in sub-paragraph (a)(ii)(aa), for “regulation 33(2)(f), (h) or (i)” substitute “regulation 33(2)(f), (i) or (j)”; and
b
in sub-paragraph (a)(ii)(bb), for “regulation 33(2)(f), (h) or (i)” substitute “regulation 33(2)(f), (i) or (j)”.
Amendment of regulation 39 of the Pharmaceutical Services Regulations
28
In regulation 39 (procedure after grant of application) —
a
in paragraph (3), omit “written”; and
b
for sub-paragraph (a) of paragraph (10), substitute —
a
where notice of the Primary Care Trust’s decision is given under regulation 27(1) or (as the case may be) regulation 37(1), the day after the expiry of —
i
30 days beginning on the date on which notice of the decision is given, or
ii
such lesser number of days as may be specified by the Primary Care Trust if it considers that there is good cause to reduce the number of days; or
.
Amendment of regulation 45 of the Pharmaceutical Services Regulations
29
In paragraph (11) of regulation 45 (removal from pharmaceutical lists), omit “in writing”.
Amendment of regulation 46 of the Pharmaceutical Services Regulations
30
In paragraph (2)(f) of regulation 46 (criteria for decisions on removal), for “Part 1” substitute “Part 2”.
Amendment of regulation 48 of the Pharmaceutical Services Regulations
31
In regulation 48 (procedure on removal) —
a
in paragraph (2)(a), omit “in writing”; and
b
in paragraph (4), for “inform” substitute “notify”.
Amendment of regulation 50 of the Pharmaceutical Services Regulations
32
In regulation 50 (procedure on suspension) —
a
in paragraph (1)(a), omit “in writing”; and
b
in paragraph (4), for “inform” substitute “notify”.
Amendment of regulation 51 of the Pharmaceutical Services Regulations
33
In regulation 51 (procedure on review of Primary Care Trust decision) —
a
in paragraph (1)(a), omit “in writing”; and
b
in paragraph (3), for “inform” substitute “notify”.
Amendment of regulation 54 of the Pharmaceutical Services Regulations
34
In regulation 54 (temporary provision of services during a period of suspension) —
a
in paragraph (7)(a), insert at the beginning “ensured that it has had sight of all relevant documents and”;
b
in paragraph (13)(c), omit “in writing”;
c
in paragraph (14), omit “in writing”;
d
in paragraph (17), for “notify” substitute “inform”;
e
in paragraph (19), omit “in writing”; and
f
in paragraph (21)(d), omit “in writing”.
Amendment of regulation 55 of the Pharmaceutical Services Regulations
35
In paragraph (1) of regulation 55 (notifications), —
a
after “it shall notify” insert “,within 7 days of the date of the decision to remove, contingently remove or suspend,”; and
b
after “shall additionally notify” insert “within 7 days of the request in writing”.
Amendment of regulation 58 of the Pharmaceutical Services Regulations
36
After paragraph (4) of regulation 58 (payments to suspended chemists) add the following paragraphs —
5
If a payment is made in accordance with a determination under paragraph (2), but the payee was not entitled to receive all or any part of it, if the amount to which he was not entitled has not been recovered by other means, it may be recovered by the Primary Care Trust as a civil debt.
6
If a chemist is dissatisfied with a decision of a Primary Care Trust (“the original decision”) —
a
to refuse to make a payment to, or in respect of, him in accordance with a determination under paragraph (2);
b
to make a payment to, or in respect of, him in accordance with a determination under paragraph (2), but at a lower level than the level which he considers to be correct; or
c
in respect of recovery of what the Primary Care Trust considers to be an overpayment,
he may ask the Primary Care Trust in writing to review the original decision and, if he does so, the Primary Care Trust shall reconsider that decision, and once it has done so, it must notify the chemist of the decision that is the outcome of its reconsideration of its original decision (“the reconsidered decision”), and give him notice of the reasons for its reconsidered decision.
7
If the chemist remains dissatisfied (whether on the same or different grounds), he may appeal to the Secretary of State by giving him a notice of appeal within a period of 28 days beginning on the day that the Primary Care Trust notified him of the reconsidered decision.
8
A notice of appeal under paragraph (7) shall include —
a
the names and addresses of the parties to the disputed decision;
b
a copy of the reconsidered decision; and
c
a brief statement of the grounds for appeal.
9
The Secretary of State shall then send a written request to the parties to make, in writing and within a specified period, any representations they may wish to make about the matter (and the request to the Primary Care Trust shall include a copy of the chemist’s brief statement of the grounds for appeal).
10
Once the period specified pursuant to paragraph (9) has elapsed, the Secretary of State shall —
a
give a copy of the representations received from a party to the other party; and
b
request in writing a party to whom a copy of representations is given to make within a specified period any written observations which he or it wishes to make on those representations.
11
Once the period specified pursuant to paragraph (10)(b) has elapsed, the Secretary of State shall, as soon as is reasonably practicable, having taken into account any such representations or observations as are referred to in paragraphs (9) and (10) (if submitted within the specified periods) and such other evidence as he sees fit to consider– —
a
determine the appeal, and shall give notice of the determination (including a record of the reasons for it) to both parties; and
b
give the Primary Care Trust such directions in writing, if any, on the matter as he thinks fit.
.
Amendment of regulation 60 of the Pharmaceutical Services Regulations
37
In regulation 60 (arrangement for provision of pharmaceutical services by doctors) —
a
in paragraph (4)(b), omit “in writing”; and
b
in paragraph (15), omit “in writing”.
Amendment of regulation 61 of the Pharmaceutical Services Regulations
38
In regulation 61 (outline consent and premises approval) —
a
in paragraph (1)(b), for “because there has been a practice amalgamation” substitute “because a practice amalgamation has taken place or will be taking place”; and
b
in paragraph (2), for “33 to 38” substitute “33, 34, 36 to 38”.
Amendment of regulation 65 of the Pharmaceutical Services Regulations
39
In regulation 65 (premises approval: additional and new premises after outline consent has taken effect) —
a
in paragraph (1)(b)(ii), for “34 to 36(1)” substitute “34, 36(1)”;
b
in paragraph (4)(a)(ii), for “dispensing services in” substitute “dispensing services to”;
c
in paragraph (5), for “The Primary Care Trust” substitute “The relevant Primary Care Trust”;
d
in paragraph (6), for “the Primary Care Trust” substitute “the relevant Primary Care Trust”;
e
in paragraph (7)(a), for “the Primary Care Trust” substitute “the relevant Primary Care Trust”;
f
in paragraph (8) —
i
in sub-paragraph (b), for “authority” substitute “approval”, and
ii
for “the Primary Care Trust” substitute “the relevant Primary Care Trust”; and
g
in paragraph (9) —
i
for “The Primary Care Trust” substitute “The relevant Primary Care Trust”; and
ii
for the words “temporary authority granted” substitute “temporary approval granted”.
Amendment of regulation 66 of the Pharmaceutical Services Regulations
40
In paragraph (3) of regulation 66 (premises approval: practice amalgamations) —
a
for “of the new practice are, or will be,” substitute “of the new amalgamating practice had been” ; and
b
after “a doctor who” insert “is a party to the practice amalgamation and who”.
Amendment of Schedule 1 to the Pharmaceutical Services Regulations
41
1
Schedule 1 (terms of service of pharmacists) is amended in accordance with this regulation.
2
In sub-paragraph (1)(a) of paragraph 22 (pharmacy opening hours: general), omit “not less than”.
3
In paragraph 24 (determination of pharmacy opening hours instigated by the Primary Care Trust) —
a
in sub-paragraph (3)(c), omit “not less than”;
b
in sub-paragraph (6), omit “in writing”; and
c
in sub-paragraph (9), omit “in writing”.
4
In paragraph 25 (determination of pharmacy opening hours instigated by the pharmacist) —
a
in sub-paragraph (4), omit “not less than”;
b
in sub-paragraph (8), omit “in writing”;
c
in sub-paragraph (11), omit “in writing”.
5
In sub-paragraph (4) of paragraph 29 (duty to provide information about fitness to practise matters: pharmacists on pharmaceutical lists on 1st April 2005), for “of the of the Police Act” substitute “of the Police Act”.
6
In sub-paragraph (1) of paragraph 34 (information to be supplied), for paragraph (c) substitute —
c
in the case of a pharmacist that is a body corporate, any change to the name, registration number, registered office, telephone number relating to that office of the body corporate or the name and address of any director or superintendent of the body corporate;
.
Amendment of Schedule 2 to the Pharmaceutical Services Regulations
42
In sub-paragraph (4)(b) of paragraph 7 of Schedule 2 (terms of service of dispensing doctors – refusal to provide drugs or appliances ordered), for “has altered” substitute “has not altered”.
Amendment of Schedule 3 to the Pharmaceutical Services Regulations
43
1
Schedule 3 (suppliers of appliances) is amended in accordance with this regulation.
2
In paragraph 12 (determination of opening hours instigated by the Primary Care Trust) —
a
in sub-paragraph (6), omit “in writing”; and
b
in sub-paragraph (9), omit “in writing”;
3
In paragraph 13 (determination of opening hours instigated by the supplier of appliances) —
a
in sub-paragraph (8),omit “in writing”; and
b
in sub-paragraph (11), omit “in writing”.
4
In sub-paragraph (4) of paragraph 16 (duty to provide information about fitness to practise matters: suppliers of appliances on pharmaceutical lists on 1st April 2005), for “of the of the Police Act” substitute “of the Police Act”.
5
In sub-paragraph (1) of paragraph 21 (information to be supplied), for paragraph (c) substitute —
c
in the case of a supplier of appliances that is a body corporate, any change to the name, registration number, registered office, telephone number relating to that office of the body corporate or the name and address of any director of the body corporate;
.
Signed by authority of the Secretary of State for Health
Andrew Burnham
Minister of State
Department of Health
13th December 2006


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Political Donations and Regulated Transactions (Anonymous Electors) (England and Wales) Regulations 2006 and shall come into force on 1 January 2007.
2
These Regulations do not extend to Scotland or Northern Ireland.
Evidence of anonymous registration
3
The evidence prescribed for the purposes of section 65(2A) of, paragraphs 2(3B), (3C), 3(2), (3) of Schedule 6, paragraph 2(3) of Schedule 6A, paragraph 10(4A) of Schedule 7, paragraph 10(4) of Schedule 11 and paragraph 10(4) of Schedule 15 to, the Political Parties, Elections and Referendums Act 2000 is a certificate of anonymous registration issued pursuant to regulation 45E of the Representation of the People (England and Wales) Regulations 2001 .
Signed by authority of the Secretary of State
Bridget Prentice
Parliamentary Under Secretary of State
Department for Constitutional Affairs
10th November 2006


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) (Amendment) Regulations 2006 and shall come into force on 27th December 2006.
2
These Regulations have effect in relation to periods of account beginning on or after 1st January 2006 and ending on or after 27th December 2006.
Amendment to the Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) Regulations 2004
2
Amend the Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) Regulations 2004 as follows.
3
1
Amend regulation 6 (rules about fair value profits and losses) as follows.
2
After paragraph (3) insert —
3A
A company may elect that regulation 9A shall apply to —
a
its currency contracts which satisfy the conditions contained in regulation 7(1), and
b
its commodity or debt contracts which satisfy the conditions contained in regulation 8(1).
.
3
In paragraph (4) after “(3)” insert “or (3A)”.
4
In paragraph (5A)(a)(ii) after “risks” insert “, in relation to which the contract was intended to act as a hedge,”.
5
After paragraph (5A) insert —
5B
Subject to paragraph (5C), a company may elect that regulation 9 shall not apply to its interest rate contracts which satisfy the conditions contained in that regulation but that regulation 9A shall apply, and any election under this regulation shall apply to all of the interest rate contracts entered into by the company which satisfy the conditions contained in regulation 9(1).
5C
An election under paragraph (5B) has no effect in relation to interest rate contracts —
a
where the conditions in paragraph (5A)(a) are met; or
b
where the hedged item is an asset representing a loan relationship —
i
to which section 87(1) of the Finance Act 1996 applies, and
ii
in relation to which the company uses fair value accounting.
.
6
In paragraphs (6A) and (7) for “(3) or (5)” substitute “(3), (3A), (5) or (5A)”.
7
After paragraph (7) insert —
7A
An election under paragraph (3A) or (5B) —
a
must be made before the later of —
i
1st April 2007, and
ii
the date determined by paragraph (6A) or (7) as the date before which an election must be made;
b
must be made in writing to Her Majesty’s Revenue and Customs;
c
is irrevocable; and
d
applies in relation to accounting periods beginning on or after 1st January 2006.
7B
An election —
a
under paragraph (3A) revokes any previous election under paragraph (3);
b
under paragraph (5B) revokes any previous election under paragraph (5).
.
8
In paragraph (9) omit “the” in the second place it occurs.
9
In paragraph (9A) at the end insert “except where revoked by an election made under paragraph (5B)”.
10
In —
a
paragraph (10)(a) and (c),
b
paragraph (12)(b) and
c
paragraph (13) (in both places),
for “(3) or (5)” substitute “(3), (3A), (5) or (5B)”.
11
In paragraph (12)(a) for “(3A)” substitute “(3B)”.
4
In regulation 9 (profits or losses arising from derivative contracts which are interest rate contracts) in paragraph (1)(b) after “risks” insert “, in relation to which the contract was intended to act as a hedge,”.
5
1
Amend regulation 9A as follows.
2
In paragraph (1) —
a
for “an interest rate contract” substitute “a currency contract, a commodity contract, a debt contract or an interest rate contract (as the case may be)”, and
b
in subparagraph (c) for “6(5)” substitute “6(3A), 6(5) or 6(5B) (as the case may be)”.
3
In paragraph (2)(b) at the end insert “where the profit or loss for corporation tax purposes in relation to that asset or liability will not fall to be computed in accordance with generally accepted accounting practice”.
4
In paragraph (3) after “(2)(a)” insert “or (b)”.
5
After paragraph (3) insert —
3A
Where —
a
amounts in respect of a currency contract, a commodity contract or a debt contract are brought into account differently as a result of an election under regulation 6(3A), or
b
an interest rate contract ceases to be a contract to which regulation 9 applies as a result of an election under regulation 6(5B),
the amount to be brought into account for the purposes of paragraph 17C(1)(b) of Schedule 26 to the Finance Act 2002 is such amount as is just and reasonable in the circumstances and with regard to whether as a result of the change any amounts cease to be brought into account or are brought into account more than once, and that amount shall be brought into account on the first day of the first accounting period beginning on or after 1st January 2006.
.
6
1
Amend regulation 11 as follows.
2
For paragraph (1) substitute —
1
For the purposes of section 85B(3) of the Finance Act 1996 (amounts recognised in determining company’s profits and loss) the amounts described in paragraph (2) are prescribed in relation to a company which is party to a creditor relationship to which —
a
either —
i
section 92 (convertible securities etc : creditor relationships) , or
ii
section 93 (relationships linked to the value of chargeable assets) ,
of the Finance Act 1996 applied immediately before the start of the first accounting period of the company to begin on or after 1st January 2005, and
b
section 94A of the Finance Act 1996 (loan relationships with embedded derivatives) applies in the first accounting period of the company to begin on or after 1st January 2005.
1A
Where paragraph (1) does not apply, for the purposes of section 85B(3) of the Finance Act 1996 the amounts described in paragraph (3) are prescribed in relation to a company which is party to a creditor relationship to which —
a
section 92, or
b
section 93,
of the Finance Act 1996 applies immediately before the start of the first accounting period of the company to begin on or after 1st January 2005.
.
3
In paragraph (2)(b) at the beginning insert “where paragraph (1)(a)(i) applies,”.
4
In paragraph (3)(b) at the beginning insert “where paragraph (1A)(a) applies,”.
7
1
Amend regulation 12 as follows.
2
For paragraphs (1) and (2) substitute —
1
For the purposes of section 85B(3) of the Finance Act 1996 the amounts described in paragraph (2) are prescribed in relation to a company which is party to a debtor relationship to which —
a
either —
i
section 92A (convertible securities etc: debtor relationships) , or
ii
section 93,
of the Finance Act 1996 applies immediately before the start of the first accounting period of the company to begin on or after 1st January 2005, and
b
section 94A of the Finance Act 1996 applies in the first accounting period of the company to begin on or after 1st January 2005.
This is subject to paragraph (4).
1A
Where paragraph (1) does not apply, for the purposes of section 85B(3) of the Finance Act 1996 the amounts described in paragraph (2A) are prescribed in relation to a company which is party to a debtor relationship to which —
a
section 92A, or
b
section 93,
of the Finance Act 1996 applies immediately before the start of the first accounting period of the company to begin on or after 1st January 2005.
This is subject to paragraph (4).
2
The prescribed amounts are —
a
where paragraph (1)(a)(i) applies, debits to the extent that they are within section 92A(3) of the Finance Act 1996;
b
where paragraph (1)(a)(ii) applies, all debits and credits in respect of the host contract save for debits in relation to interest accruing in respect of the debtor relationship without regard to the amounts given by the effective interest method.
2A
The prescribed amounts are —
a
where paragraph (1A)(a) applies, debits to the extent that they are within section 92A(3) of the Finance Act 1996;
b
where paragraph (1A)(b) applies, all debits and credits in respect of the host contract save for debits in relation to interest.
.
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 2006


text:
Citation and commencement
1
This Order may be cited as the Primary Care Trusts Establishment Orders (Amendment) (England) Order 2006 and shall come into force on 1st October 2006.
Amendment of Primary Care Trust establishment orders
2
For the contents of the Schedule (area of trust) to each of the Primary Care Trust establishment orders listed in column (1) of the Schedule to this Order there shall be substituted the words in the corresponding entry in column (2).
Revocation
3
The Southampton East Healthcare Primary Care Trust (Establishment) (Amendment) Order 2002 is revoked.
Signed by authority of the Secretary of State for Health
Norman Warner
Minister of State
Department of Health
24th July 2006


text:
Citation and commencement
1
These Regulations may be cited as the Asylum Support (Amendment) Regulations 2006 and shall come into force on 10th April 2006.
Kind and levels of support for essential living needs
2
For the table at regulation 10(2) of the Asylum Support Regulations 2000 substitute:
TABLE
Qualifying couple £63.07 Lone parent aged 18 or over £40.22 Single person aged 25 or over £40.22 Single person aged at least 18 but under 25 £31.85 Person aged at least 16 but under 18 (except a member of a qualifying couple) £34.60 Person aged under 16 £45.58
.
Revocation of the Asylum Support (Amendment) (No 2) Regulations 2005
3
The Asylum Support (Amendment) (No 2) Regulations 2005 are revoked.
Tony McNulty
Minister of State
Home Office
13th March 2006


text:
Citation, commencement and application
1
1
This Order may be cited as the Periodic Review of Mineral Planning Permissions (Conygar Quarry) Order 2006 and shall come into force on 3rd March 2006.
2
This Order applies in relation to the mining site known as Conygar Quarry, Norton’s Wood Lane, Clevedon, Somerset (Conygar Quarry) in respect of which an interim development order permission for the development of mineral workings was granted on 12 November 1947 and registered by Avon County Council on 21 August 1992 pursuant to section 22 of, and Schedule 2 to, the Planning and Compensation Act 1991 .
First review date
2
For the purposes of Schedule 14 to the Environment Act 1995 (periodic review of mineral planning permissions) the first review date in relation to Conygar Quarry is 4th June 2007.
Signed by authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
2nd February 2006


text:
1
These Regulations may be cited as the School Staffing (England) (Amendment) Regulations 2006 and shall come into force on 12th May 2006.
2
These Regulations apply only in relation to England.
3
1
The School Staffing (England) Regulations 2003 are amended in accordance with this regulation.
2
At the end of regulation 11 insert —
3
An enhanced criminal record certificate issued pursuant to Part V of the Police Act 1997 must be obtained in respect of any person so appointed before or as soon as practicable after his appointment.
4
Paragraph (3) does not apply to —
a
a person who has worked in a school or institution within the further education sector during a period which ended not more than three months before his appointment; and
b
any foreign national for whom obtaining a criminal record certificate is inappropriate.
5
A person falling within paragraph (4)(b) shall before appointment be subjected to such checks as the authority thinks appropriate having regard to any guidance issued by the Secretary of State.
.
3
After regulation 11 insert the following —
11A
Regulation 11(3) to (5) also apply in relation to any person appointed by a local education authority for the purpose of working at a school to which this Part or Part 3 applies in the temporary absence of a member of staff of the school.
.
4
At the end of regulation 20 insert —
3
An enhanced criminal record certificate issued pursuant to Part V of the Police Act 1997 must be obtained in respect of any person so appointed before or as soon as practicable after his appointment.
4
Paragraph (3) does not apply to —
a
a person who has worked in a school or institution within the further education sector during a period which ended not more than three months before his appointment; and
b
any foreign national for whom obtaining a criminal record certificate is inappropriate.
5
A person falling within paragraph (4)(b) shall prior to appointment be subjected to such checks as the governing body thinks appropriate having regard to any guidance issued by the Secretary of State.
.
Maria Eagle
Parliamentary Under Secretary of State
Department for Education and Skills
8th April 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wireless Telegraphy (Jersey) Order 2006 and shall come into force on 8th February 2007.
2
In this order —
a
“Jersey” means the Bailiwick of Jersey;
b
“ the Act ” means the Wireless Telegraphy Act 2006.
3
For the purposes of construing the provisions of the Act as extended by this Order as part of the law of Jersey, any reference to an enactment which extends to Jersey shall, except where a contrary intention appears, be construed as a reference to that enactment as it has effect in Jersey.
Extension of the Wireless Telegraphy Act 2006 to Jersey
2
The following provisions of the Act shall extend to Jersey with the modifications set out in Schedule 1 to this Order: —
in Part 1 (general provisions about radio spectrum) – section 1 and sections 3 to 7;
in Part 2 (regulation of radio spectrum) – the whole part other than sections 30 and 51;
in Part 3 (regulation of apparatus) – sections 54 to 61 and 68;
Part 5 (prohibition of broadcasting from sea or air) – the whole Part;
in Part 6 (general) – sections 97 to 103, sections 105 to 108, 110 to 119 and 121, 122, 124, 125 and 126;
Schedules 1 to 3, 5 and 7 to 9.
Extension of other instruments
3
1
Subject to paragraph (2), sections 43(1) to (3) and 116(1) and (2) of the Act shall have effect as if an order made by the Secretary of State under subsections 43(4) and 116(3), respectively, and which is for the time being in force in the United Kingdom, had extended to Jersey.
2
No order under sections 43(4) or 116(3) shall have effect in Jersey until the day following the day it is registered in the Royal Court of Jersey, or on the day specified in the instrument for its coming into force, whichever is the later.
Modification and revocation of other instruments
4
1
The Communications (Jersey) Order 2003 is modified as specified in Part 1 of Schedule 2.
2
The instruments mentioned in Part 2 of Schedule 2 are revoked to the extent specified in that Part.
Meriel McCullagh
Deputy Clerk of the Privy Council


text:
PART 1 Introduction
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Real Estate Investment Trusts (Joint Ventures) Regulations 2006 and shall come into force on 1st January 2007.
2
In these Regulations references to a numbered provision (without more) is a reference to the provision of the Finance Act 2006 bearing that number.
3
In these Regulations —
“equity holder” means a person who —
holds ordinary shares in the joint venture company, or
is a loan creditor of the joint venture company in respect of a loan which is not a normal commercial loan,
and any references in these Regulations to profits or assets available for distribution to a joint venture company’s equity holders does not include a reference to any profits or assets available for distribution to an equity holder other than as an equity holder;
“joint venture company” means —
a company carrying on a joint venture between a company to which Part 4 applies and another person; or
a company in which a member of a group to which Part 4 applies has an interest;
“joint venture look through notice” means —
in the case of a company to which Part 4 applies, a notice given under regulation 2; and
in the case of a group to which Part 4 applies, a notice given under regulation 9;
“venturing company” has the meaning given in regulation 2(1);
“venturing group” has the meaning given in regulation 9(1); and
other expressions defined for the purposes of Part 4 have the same meaning as they have there.
PART 2 Single Company Real Estate Investment Trusts
Notice
2
1
A company to which Part 4 applies may give a joint venture look through notice if the conditions in regulation 3(1) are satisfied.
The company which gives the notice is referred to in these Regulations as the venturing company.
2
The notice must specify the accounting period of the venturing company from the beginning of which, and the joint venture company to which, these Regulations are to apply.
3
The notice must be given in writing to the Commissioners for Her Majesty’s Revenue and Customs before the beginning of the specified accounting period.
4
The notice must be signed by the company secretary or a director of the joint venture company to which these Regulations are to apply.
5
A venturing company may give a joint venture look-through notice at the same time it gives notice under section 109 (notice to enter the Real Estate Investment Trust regime) or at any later time when Part 4 applies to it.
Conditions
3
1
The conditions are as follows.
Condition 1
The venturing company is carrying on a joint venture with another person.
Condition 2
The joint venture takes the form of a company.
Condition 3
The joint venture company is carrying on a property rental business as defined in section 104.
Condition 4
The venturing company is beneficially entitled to 40% or more of the profits available for distribution to equity holders in the joint venture company.
Condition 5
The venturing company is beneficially entitled to 40% or more of the assets of the joint venture company available to equity holders in the event of a winding up.
Condition 6
The property rental business carried on by the joint venture company does not involve property that would fall in accordance with generally accepted accounting practice to be described as owner-occupied.
Condition 7
The joint venture company would satisfy Conditions 1 and 2 in section 108 (conditions for balance of business) if references in that section to —
the “tax-exempt business” were references to the joint venture company’s property rental business, and
the “company” were references to the joint venture company.
2
For the purposes of Conditions 6 and 7, owner-occupied property includes property held by the joint venture company and occupied by the venturing company.
Duration
4
Once these Regulations have begun to apply to a joint venture company, they shall continue to apply to it unless and until the venturing company ceases to satisfy condition 4 or condition 5 in regulation 3.
Financial statements
5
1
A venturing company shall prepare a financial statement, in accordance with the Real Estate Investment Trusts (Financial Statements of Group Real Estate Investment Trusts) Regulations 2006 for each of its accounting periods in respect of any joint venture company in respect of which it has made an election that these Regulations should apply.
2
Paragraph 31 of Schedule 17 shall apply to the financial statement required under paragraph (1) as if —
a
references in sub-paragraphs (2) to (4) to the principal company were references to the venturing company;
b
references in sub-paragraphs (2) to (4) to G (property rental business) were references to the sum of C (tax-exempt) and the property rental business of the joint venture company;
c
references in sub-paragraphs (2) to (4) to G (residual) were references to the sum of C (residual) and so much of the business of the joint venture company as is not property rental business;
d
references to a member of a group were references to the venturing company or the joint venture company; and
e
for sub-paragraphs (5) and (6) there were substituted —
5
The financial statements for G (property rental business) and G (residual) shall exclude that percentage of income, expenses, gains, losses, assets and liabilities of any joint venture company or companies equalling the percentage of beneficial interest in the joint venture company that is not held by the venturing company.
6
For this purpose, the percentage of beneficial interest shall be determined by reference to beneficial entitlement to profits available for distribution to equity holders.
.
Requirements for venturing companies
6
1
A venturing company must include the proportion of the profits of the joint venture company to which it is beneficially entitled within the amount of the profits of its property rental business for the purposes of determining whether Condition 4 in section 107(8) is satisfied.
2
A venturing company must include the proportion of profits of the joint venture company to which it is beneficially entitled within the amount of profits arising from tax-exempt business for the purposes of determining whether the venturing company has satisfied Condition 1 in section 108(2).
3
A venturing company must include the percentage of assets to which it is beneficially entitled within the valuation of the assets involved in tax-exempt business for the purposes of calculating whether the venturing company has satisfied Condition 2 in section 108(3).
4
Section 115 and the regulations made under it shall apply as if for subsection (2) there were substituted —
2
That sum is —
Profits + Financing Costs ( JV )
Financing Costs ( external )
where —
Profits means the aggregate of —
the profits of the tax-exempt business of the company before the off-set of capital allowances;
the financing costs of the company’s property rental business as claimed for tax purposes;
Financing Costs ( JV ) means the aggregate of —
the company’s share of the profits of the property rental business of the joint venture company before the set-off of capital allowances, and
the company’s share of the financing costs of the joint venture company’s property rental business as claimed for tax purposes;
Financing Costs (external) means the sum of the financing costs of C (tax-exempt) and the venturing company’s proportion of the financing costs of the UK property rental business of the joint venture company but disregarding in both cases financing costs owed by the venturing company to the joint venture company and vice versa.
.
Tax charges and exemptions
7
1
This regulation specifies charges to, and exemptions from, tax which apply in the case of a venturing company and a joint venture company to which these Regulations apply.
2
Section 111 (effects of entry) and section 131 (effects of cessation) shall apply to the proportion of assets and business of the joint venture company in which the venturing company has an interest.
For this purpose references in those sections to —
a
C (pre-entry) shall be read as references to the venturing company’s interest in the joint venture company before the date on which a joint venture look through notice becomes effective;
b
C (tax-exempt) shall be read as references to the venturing company’s share of the property rental business of the joint venture company from the date on which a joint venture look through notice becomes effective.
3
Section 112 (entry charge) shall have effect in relation to a venturing company and a joint venture company with the following modifications —
a
a reference to a company to which Part 4 applies shall be treated as a reference to a UK resident joint venture company to which these Regulations apply, and
b
the reference in subsection (3)(a) to the aggregate market value of assets shall be treated as including the proportion of the venturing group member’s interest in the aggregate market value of the assets of the property rental business of the joint venture company.
4
Section 117 (cancellation of tax advantage) shall apply to the joint venture company.
For this purpose references to a “company” shall be read as including a reference to a joint venture company to which these Regulations apply.
5
Sections 119(1) (exemption from corporation tax) and 120 (calculation of profits) shall apply in relation to the venturing company’s share of the profits deriving from the property rental business of the joint venture company.
6
Sections 124(1) and (2), 125 and 126 (corporation tax provisions) shall apply in relation to the venturing company’s share of a gain accruing to the joint venture company in respect of assets involved in the property rental business.
For this purpose references to —
a
C (tax-exempt) shall be read as references to the venturing company and the UK property rental business of the joint venture company; and
b
C (residual) shall be read as references —
i
to the venturing company insofar as it carries out business which is not tax exempt; and
ii
to the joint venture company insofar as it carries on other business which is not property rental business.
7
For the purposes of this regulation a reference to the “UK property rental business of the joint venture company” is a reference to —
a
the property rental business of the joint venture company if that company is UK resident, and
b
the property rental business in the UK of the joint venture company if that company is not resident in the UK.
Non-resident joint venture companies and single company UK real estate investment trusts
8
1
This regulation applies to a company and a non-UK resident joint venture company to which these Regulations apply.
2
Paragraph 32 of Schedule 17 shall apply with the following modifications —
a
references to the company shall be read as references to the non-UK resident joint venture company to which these Regulations apply;
b
sub-paragraph (7) shall apply as if —
i
the reference to a “UK resident member of a group to which Part 4 applies” was read as a reference to the UK resident company to which these Regulations apply, and
ii
for “which represents (wholly or partly and directly or indirectly) profits of UK property rental business of a non-UK resident member of the group, such proportion of the dividend as represents those profits” there were substituted “such proportion of the dividend as represents profits of the UK property rental business”.
3
Section 112 as modified by paragraph 11 of Schedule 17 shall apply to the non-UK resident joint venture company as if the reference in paragraph 11(1)(d) of Schedule 17 to a “non-UK resident member” was read as a reference to a non-UK resident joint venture company to which these Regulations apply.
PART 3 Group Real Estate Investment Trusts
Notice
9
1
A group of companies to which Part 4 applies (“the venturing group”) may give notice for these Regulations to apply if the conditions in regulation 10(1) are satisfied.
2
The notice must specify the accounting period of the principal company of the venturing group from the beginning of which, and the joint venture company to which these Regulations are to apply.
3
The notice must be given in writing by the principal company of the venturing group to the Commissioners for Her Majesty’s Revenue and Customs before the beginning of the specified accounting period.
4
The notice must be signed by the company secretary or a director of the joint venture company to which these Regulations are to apply.
5
The principal company of the venturing group may give a joint venture look through notice at the same time it gives notice under section 109 (as modified by paragraph 8 of Schedule 17) (notice to join the Group Real Investment Trust regime) or at any later time when Part 4 applies to it.
Conditions
10
1
The conditions are as follows.
Condition 1
The venturing group is carrying on a joint venture with another company or person.
Condition 2
The joint venture takes the form of a company.
Condition 3
The joint venture company is carrying on a property rental business as defined in section 104.
Condition 4
One or more members of the venturing group are beneficially entitled in the aggregate to 40% or more of the profits available for distribution to equity holders in the joint venture company.
Condition 5
One or more members of the venturing group are beneficially entitled to 40% or more of the assets of the joint venture company available to equity holders in the event of a winding up.
Condition 6
The property rental business carried on by the joint venture company does not involve property that would fall, in accordance with generally accepted accounting practice, to be described as owner-occupied.
Condition 7
The joint venture company would satisfy Conditions 1 and 2 in section 108 (conditions for balance of business) if references in that section to the “tax-exempt business” and the “company” were read as references to the property rental business of the joint venture company.
2
For the purposes of Conditions 6 and 7 owner-occupied property includes property held by the joint venture company and occupied by a member of the venturing group.
3
For the purposes of these Regulations the property rental businesses of the venturing group and the joint venture company shall be treated as a single business.
Duration
11
Once these Regulations have begun to apply to a venturing group and a joint venture company they shall continue to apply to the venturing group and the joint venture company unless and until the venturing group ceases to satisfy either condition 4 or 5 in regulation 10 in respect of that joint venture company.
Financial statements
12
1
The principal company of a venturing group shall include the information referred to in paragraph (2) in the financial statement submitted in accordance with the provisions of paragraphs 5(2) and 31 of Schedule 17.
In the application of those provisions for the purposes of this paragraph —
a
references to each member are to be read as references to each joint venture company in respect of which a joint venture look-through notice has been given; and
b
references to a non-member are references to a person or body which is neither a member of the venturing group nor a joint venture company in respect of which a joint venture look-through notice has been given.
2
The information is the percentage of income, expenses, gains, losses, assets and liabilities of the joint venture company which represent interests of a member of the venturing group in the joint venture company.
The percentage shall be determined by reference to beneficial entitlement to profits available for distribution to equity holders.
Tax charges and exemptions
13
1
Section 119 and section 120, shall apply in relation to a venturing group and a joint venture company with the following further modifications.
2
References to G (property rental business) shall be read as including the percentage of the venturing group’s interest in the property rental business of the joint venture company and references to G (residual) shall be read as including any non-property rental business of the joint venture company.
3
Sections 111 and 131 (joining and leaving group) shall apply in relation to a joint venture company as they apply to a group to which Part 4 applies.
For this purpose references to becoming a member of the group are to be read as references to the time at which a joint venture look-through notice becomes effective.
4
Section 112 (entry charge) as modified by paragraph 11 of Schedule 17 shall have effect in relation to a venturing group and a joint venture company with the following further modifications —
a
a reference to a company to which Part 4 applies shall be treated as a reference to a UK resident joint venture company to which these Regulations apply, and
b
the reference in subsection (3)(a) to the aggregate market value of assets shall be treated as including the proportion of the venturing group member’s interest in the aggregate market value of the assets of the joint venture company
5
Section 117 applies to a joint venture company as it applies to a company to which Part 4 applies.
6
Section 124 as modified by paragraph 21 of Schedule 17 shall apply in relation to the UK joint venture company with the following further modifications —
a
references to C (tax-exempt) shall be read as a reference to the joint venture company in so far as it —
i
carries on property rental business, and
ii
is owned by a member of the venturing group.
b
references to C (residual) shall be read as a reference to the joint venture company in so far as it —
i
carries out other non-tax exempt business; and
ii
is owned by a member of the venturing group.
7
Sections 125 and 126 as modified by paragraphs 21 and 22 of Schedule 17 shall apply to the joint venture company as if it were a member of the venturing group.
8
This regulation is subject to regulation 14.
Joint ventures - entry charges
14
1
Where a venturing company to which Part 2 of these Regulations applies —
a
becomes the principal company of a group to which Part 4 applies, and
b
gives a new joint venture look through notice under regulation 9 (a “new notice”) in respect of that group and the joint venture company to which Part 2 previously applied, and
c
the venturing company’s shareholding in that joint venture company remains the same
sections 111, 112 and 131 shall not operate to impose a charge to corporation tax under section 112(1) in respect of the assets involved in the property rental business of the joint venture company.
2
Where a venturing company to which Part 2 of these Regulations applies —
a
becomes the principal company of a group to which Part 4 applies, and
b
gives a new notice in respect of that group and the joint venture company to which Part 2 previously applied, and
c
the venturing company’s shareholding in the joint venture company had increased in the period between the date on which the venturing company first gave a joint venture look through notice under regulation 2 (“the first notice”) and the date on which the new notice was given
the provisions of paragraph (3) shall apply.
3
The notional income calculated under sections 111 and 112 (as modified by paragraphs 9 to 11 of Schedule 17 and further modified by regulation 13(3) and (4)), shall be reduced by the amount of notional income that was calculated under sections 111 and 112 (as modified by regulation 7(2) and (3)) in respect of the assets involved in the property rental business of the joint venture company at the time the first notice was given.
4
Where a venturing company to which Part 2 of these Regulations applies —
a
becomes the principal company of a group to which Part 4 applies, and
b
gives a new notice in respect of that group and the joint venture company to which Part 2 previously applied, and
c
increases its share holding in the joint venture company to 75% or more, and
d
gives a notice under section 109 (as modified by paragraph 8 of Schedule 17) making the venturing company and the joint venture company members of a group to which Part 4 applies,
sections 111 and 112 (as modified by paragraphs 9 to 11 of Schedule 17) shall continue to apply with the modifications set out in paragraph (5).
5
The notional income shall be reduced by the amount of notional income that was calculated as arising under sections 111 and 112 (as modified by regulation 7(2) and (3)) in respect of the assets involved in the property rental business of the joint venture company at the time the venturing company gave the first notice.
6
Where a venturing group to which Part 2 of these Regulations applies —
a
increases its share holding in the joint venture company to 75% or more, and
b
the joint venture company becomes a member of the group to which Part 4 applies
sections 111 and 112 (as modified by paragraphs 9 to 11 of Schedule 17) shall continue to apply with the modifications set out in paragraph (7).
7
The notional income shall be reduced by the amount of notional income that was calculated as arising under sections 111 and 112 (as modified by regulation 13(3) and (4)) in respect of the assets involved in the property rental business of the joint venture company at the time the venturing group gave the first notice under regulation 9 in respect of that company.
Non-resident joint venture companies and group Real Estate Investment Trusts
15
1
This regulation applies to a venturing group and a non-UK resident joint venture company to which these Regulations apply.
2
Paragraph 32 of Schedule 17 shall apply with the following further modifications —
a
in sub-paragraph (1) the reference to a member of a group to which Part 4 applies shall be read as a reference to the joint venture company to which these Regulations apply;
b
references to the company shall be read as references to the joint venture company to which these Regulations apply;
c
in sub-paragraph (7) the reference to a UK resident member of a group to which Part 4 applies shall be read as a reference to a UK resident member of a venturing group to which these Regulations apply.
3
Section 112 as modified by paragraph 11 of Schedule 17 shall apply to the non-UK resident joint venture company as if the reference in paragraph 11(1)(d) of Schedule 17 to a non-UK resident member were a reference to a non-UK resident joint venture company to which these Regulations apply.
Dave Watts
Kevin Brennan
Two of the Lords Commissioners of Her Majesty’s Treasury
1st November 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Code A) Order 2006 and shall come into force on 31st August 2006.
2
In this Order “ PACE Code A ” means the Police and Criminal Evidence Act 1984 Code of Practice for the exercise by: police officers of statutory powers of stop and search; police officers and police staff of requirements to record public encounters .
Revisions to PACE Code A
2
1
The revision of PACE Code A which was laid before Parliament on 10th August 2006 and which relates to paragraph 4 of that Code (recording requirements including recording of encounters not governed by statutory powers) shall come into operation on 31st August 2006.
2
For the purposes of paragraph (1), the reference to paragraph 4 of PACE Code A includes the Notes for Guidance relating to that paragraph (Notes for Guidance 15 to 21 (recording)) and Annex D (use of an electronic receipt as an interim record of a stop or stop and search) which is inserted for the purposes of that paragraph.
Joan Ryan
Parliamentary Under-Secretary of State
Home Office
3rd August 2006