text:
1
These Regulations may be cited as the Immigration (Leave to Remain) (Fees) (Amendment) Regulations 2005 and shall come into force on 1st April 2005.
2
The Immigration (Leave to Remain) (Fees) Regulations 2003 shall be amended as follows.
3
In regulation 2, for paragraph (c) of the definition of “application” substitute the following definition–
c
the fixing of a limited leave stamp or indefinite leave stamp on a passport or other document issued to the applicant where the stamp was previously fixed on another passport or document issued to the applicant;
.
4
For regulation 3, substitute the following regulation–
3
1
Subject to section 5(3)(a) of the 1999 Act and regulations 3A, 4 and 5 below, the fee to be paid in connection with an application falling within paragraphs (a) or (b) of the definition of “application” in regulation 2 shall be–
a
£500 for an application made in person at a Public Enquiry Office of the Immigration and Nationality Directorate of the Home Office; or
b
£335 for an application made by post or courier.
2
Subject to section 5(3)(a) of the 1999 Act, the fee to be paid in connection with an application falling within paragraph (c) of the definition of “application” in regulation 2 shall be–
a
£500 for an application made in person at a Public Enquiry Office of the Immigration and Nationality Directorate of the Home Office; or
b
£160 for an application made by post.
.
5
For regulation 3A, substitute the following regulation–
3A
1
Regulation 3(1) does not apply to an application falling within paragraph (a) or (b) of the definition of “application” in regulation 2 above where the application is for 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,under the immigration rules.
2
The fee to be paid in connection with an application referred to in paragraph (1) shall be–
a
£500 for an application made in person at a Public Enquiry Office of the Immigration and Nationality Directorate of the Home Office; or
b
£250 for an application made by post.
.
6
In regulation 5(c), for the words “referred to in regulation 3A(1) above” substitute the words
for leave to remain in the United Kingdom:
i
for work permit employment,
ii
as a highly skilled migrant,
iii
as a seasonal agricultural worker,
iv
for the purposes of employment under the Sectors-Based scheme, or
v
for Home Office approved training or work experience,
under the immigration rules
.
7
In regulation 5–
a
after subparagraph (d), delete “or”; and
b
after subparagraph (e), insert–
; or
f
the application is made in respect of a person who, at the time of making the application, has limited leave to enter or remain in the United Kingdom which was granted outside the provisions of the immigration rules on the rejection of his asylum claim and is seeking further leave to remain in the United Kingdom outside the provisions of the immigration rules
.
Des Browne
Minister of State
Home Office
10th March 2005
We approve
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2005


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Electronic Monitoring (Responsible Officers) (Amendment) Order 2005 and shall come into force on 1st April 2005.
2
1
The Curfew Condition (Responsible Officer) Order 1999 is amended as follows.
2
In article 3, for the words after “Services Limited” to the end there is substituted the words “ PO Box 45, Norwich, NR3 1BF”.
3
In article 4, for the words “Securicor Custodial Services Limited” there is substituted the words “Securicor Justice Services Limited”.
4
Article 5 is omitted.
5
For Schedules 1, 2 and 3 to that Order there are substituted the Schedules set out in Schedules 1 and 2 to this Order.
3
1
The Community Order (Electronic Monitoring of Requirements) (Responsible Officer) Order 2001 is amended as follows.
2
In article 3, for the words after “Services Limited” to the end there is substituted the words “PO Box 45, Norwich, NR3 1BF”.
3
In article 4 for the words “Securicor Custodial Services Limited” there is substituted the words “Securicor Justice Services Limited”.
4
Article 5 is omitted.
5
For Schedules 1, 2 and 3 to that Order there are substituted the Schedules set out in Schedules 1 and 2 to this Order.
4
1
The Curfew Order and Curfew Requirement (Responsible Officer) Order 2001 is amended as follows.
2
In article 3(a) for the words after “Services Limited” to the end there is substituted the words “PO Box 45, Norwich, NR3 1BF”.
3
In article 3(b) for the words “Securicor Custodial Services Limited” there is substituted the words “Securicor Justice Services Limited”.
4
Article 3(c) is omitted.
5
For Schedules 1, 2 and 3 to that Order there are substituted the Schedules set out in Schedules 1 and 2 to this Order.
5
1
The Bail (Electronic Monitoring of Requirements) (Responsible Officer) Order 2002 is amended as follows.
2
In article 3, for the words after “Services Limited” to the end, there is substituted the words “PO Box 45, Norwich, NR3 1BF”.
3
In article 4, for the words “Securicor Custodial Services Limited” there is substituted the words “Securicor Justice Services Limited”;
4
Article 5 is omitted.
5
In article 6(2) and (3) respectively, for the words “article 3 to 5” there is substituted the words “articles 3 and 4”.
6
For Schedules 1, 2 and 3 to that Order there are substituted the Schedules set out in Schedules 1 and 2 to this Order.
6
1
The Local Authority Remands (Electronic Monitoring of Conditions) (Responsible Officer) Order 2002 is amended as follows.
2
In article 3, for the words after “Services Limited” to the end there is substituted the words “PO Box 45, Norwich, NR3 1BF”.
3
In article 4 for the words “Securicor Custodial Services Limited” there is substituted the words “Securicor Justice Services Limited”.
4
Article 5 is omitted.
5
In article 6(2) and (3) respectively, for the words “articles 3 to 5” there is substituted the words “articles 3 and 4”.
6
For Schedules 1, 2 and 3 to that Order there are substituted the Schedules set out in Schedules 1 and 2 to this Order.
Scotland of Asthal Q.C.
Minister of State
Home Office
24th April 2005


text:
Preliminary
Citation and commencement and interpretation
1
This Order may be cited as the Armed Forces Pension Scheme Order 2005 and comes into force on 6th April 2005.
Establishment of the Armed Forces Pension Scheme 2005
2
1
The Scheme set out in Schedule 1 to this Order has effect and is to be known as “the Armed Forces Pension Scheme 2005”.
2
But that Scheme has effect —
a
for the period beginning with 6th April 2005 and ending with 5th April 2006 with the modifications specified in Schedule 2 to this Order,
b
for the period before section 1 of the Civil Partnership Act 2004 comes into force in relation to England and Wales with the omission of references to civil partners and civil partnerships, and
c
for the period before Chapter 5 of Part 4 of the Pension Schemes Act 1993 comes into force in relation to England and Wales with the omission of references to that Chapter, rights under it and members to whom it applies as such.
Amendments of the Armed Forces Pension Scheme 2005
3
1
For the purposes of section 3(2) of the Armed Forces (Pensions and Compensation) Act 2004, so far as it applies to the Armed Forces Pension Scheme 2005, the consent requirements are as follows.
2
The Secretary of State may not make a modification of the Scheme which would or might adversely affect any entitlement, accrued rights or pension credit rights of any member acquired before the power to modify the Scheme is exercised unless —
a
he has taken the steps specified in paragraphs (3) to (5) and obtained the written consent of the member, or
b
paragraph (6) applies.
3
The Secretary of State must give written notice to the member that it is proposed to modify the Scheme in a manner which will or might adversely affect an entitlement, accrued rights or pension credit rights of the member that have been acquired before the modification is to take effect.
4
The notice must —
a
set out the modifications proposed to be made which would or might adversely affect any such entitlement or rights, and
b
contain an explanation of their effects.
5
The notice must contain a statement that the modifications will not affect any such entitlement or rights unless —
a
the member has consented in writing to the modifications, or
b
paragraph (6) applies.
6
This paragraph applies if —
a
the Secretary of State has sent two copies of the notice to the member’s last known address, the second being sent at least 2 months after the first, and
b
no response has been received from the member to either of the notices before the end of the period of one month beginning with the date on which the second was sent.
7
In this regulation “accrued rights”, “entitlement”, “member” and “pension credit rights” have the same meaning as in Part 1 of the Pensions Act 1995 (see section 124 of that Act).
Amendments of other regulations
4
1
Regulation 1(2) of the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc. ) Regulations 1997 is amended as follows.
2
At the end of the definition of “Armed Forces Pension Scheme” insert the words “or section 1(1) of the Armed Forces (Pensions and Compensation) Act 2004”.
Signed by authority of the Secretary of State for Defence
Ivor Caplin
Under Secretary of State Ministry of Defence
8th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 and shall come into force on the thirtieth day after the day on which they are made.
Interpretation
2
In these Regulations —
“discharge”, in relation to oil, means its release from an offshore installation;
“emission” means the direct or indirect release of substances from individual or diffuse sources into the air or into relevant waters;
“existing exemption” means an exemption granted by the Secretary of State pursuant to section 23 of the Prevention of Oil Pollution Act 1971 , being an exemption which is in force on the day before the day on which these Regulations come into force;
“offshore installation” has the same meaning as in section 44 of the Petroleum Act 1998 ;
“oil” means any liquid hydrocarbon or substitute liquid hydrocarbon, including dissolved or dispersed hydrocarbons or substitute hydrocarbons that are not normally found in the liquid phase at standard temperature and pressure, whether obtained from plants or animals, or mineral deposits or by synthesis;
“operator” means any person who operates an offshore installation;
“permit holder” means the holder from time to time of a permit granted under these Regulations;
“pollution” means the introduction by man, directly or indirectly, of substances or energy into relevant waters which results, or is likely to result, in hazards to human health, harm to living resources and marine ecosystems, damage to amenities or interference with other legitimate uses of the sea;
“relevant waters” has the same meaning as in section 44 of the Petroleum Act 1998 save that it —
does not include Scottish controlled waters; and
includes places below relevant waters;
“Scottish controlled waters” means any waters which are controlled waters within the meaning of section 30A(1) of the Control of Pollution Act 1974 .
Discharge permits
3
1
Subject to paragraphs (2) and (3), no oil shall be discharged into relevant waters save in accordance with the terms of, and conditions attached to, a permit granted in accordance with these Regulations.
2
There shall be exempt from the requirement for a permit under these Regulations discharges regulated by —
a
the Offshore Chemicals Regulations 2002 ;
b
the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 ; or
c
the Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1998 .
3
Where a person is carrying on a discharge of oil to which an existing exemption applies paragraph (1) shall not apply in respect of that discharge until —
a
such time as the Secretary of State may specify by notice in writing to that person; or
b
(if no notice is given by the Secretary of State in accordance which sub-paragraph (a)) the date after the day on which the period of two years commencing on the date these Regulations come into force expires.
4
A person who discharges oil into relevant waters shall provide the Secretary of State with such information as the Secretary of State may reasonably require for the purpose of performing her functions under these Regulations.
Grant or refusal and contents of permits
4
1
Where the Secretary of State receives an application for a permit pursuant to regulation 5, she may either grant or refuse the application.
2
The Secretary of State may attach conditions to any permit granted by her pursuant to paragraph (1) which are calculated to ensure that —
a
the concentration, frequency, quantity, location or duration of any discharge is subject to appropriate restrictions;
b
appropriate measures are taken to minimise pollution including, in particular, the appropriate use of technology to limit discharges;
c
necessary measures are taken to prevent accidents affecting the environment or, where they occur, to limit their consequences in relation to the environment;
d
there is carried out appropriate monitoring of the discharges to which the permit relates, and such conditions may include —
i
provisions relating to measurement techniques, the frequency of measurement and evaluation procedures; and
ii
obligations to supply the Secretary of State with data required for checking compliance with the permit, including any data setting out the actual concentration, frequency, quantity, location or duration of any discharges which have occurred during a specified period.
3
A permit shall specify the period for which it is to have effect.
4
In addition to any conditions that may be attached to any permit by virtue of paragraph (2), the Secretary of State may attach to a permit such other conditions as she thinks fit.
Contents of permit application
5
1
An application for the grant of a permit shall be made in writing by the operator of the offshore installation and shall contain —
a
a description of the offshore installation from which the discharge is to take place, including the location of the offshore installation;
b
a description of the oil to which the application relates and of the circumstances in which it is to be discharged; and
c
a description of the measures planned to monitor the discharge in relation to which a permit is sought.
2
For the purpose of considering an application under this regulation, the Secretary of State may by notice in writing require the operator to provide such other information as may be specified in the notice.
Fees
6
1
The Secretary of State may, in accordance with a charging scheme made by her for this purpose, charge operators fees in respect of any of the matters to which this paragraph applies.
2
The matters to which paragraph (1) applies are —
a
the grant of a permit;
b
the variation of a permit or of the conditions to which it is subject;
c
the assignment of a permit;
d
the revocation or surrender of a permit;
e
the subsistence of a permit;
f
the testing or analysis of substances;
g
the validating of, or of the results of, any testing or analysis of substances; and
h
the assessment of the effect upon the environment of the release into it of any oil,
but paragraph (1) only applies to the matters referred to in sub-paragraphs (f) to (h) in cases where the testing, analysis, validating or assessment is in any way in anticipation of, or otherwise in connection with, the making of permit applications or is carried out in pursuance of conditions to which the permit is subject.
3
A charging scheme made under this regulation shall be so framed that the fees and charges payable under the scheme are sufficient, taking one year with another, to cover such expenditure as may be incurred by or on behalf of the Secretary of State in connection with any of the matters to which paragraph (1) applies.
Variation of permit terms and conditions
7
1
The Secretary of State may, whenever she thinks fit, review the terms and conditions attached to any permit and, when an application is made in accordance with paragraph (2), she shall review the terms and conditions attached to the permit in question.
2
A permit holder may apply in writing for a variation of the terms and conditions of a permit.
3
Where, having conducted a review in accordance with paragraph (1), the Secretary of State considers that the terms and conditions of a permit should be varied, she shall give notice to the permit holder in writing of her intention to vary those terms and conditions.
4
Subject to paragraph (5), a notice given by the Secretary of State pursuant to paragraph (3) shall —
a
provide details of the proposed variation; and
b
specify the date (“the relevant date”) on which the proposed variation is to take effect.
5
Where the Secretary of State proposes to vary the terms and conditions of a permit otherwise than in accordance with an application made under paragraph (2) —
a
the relevant date shall be not less than 14 days after the date on which notice is given pursuant to paragraph (3);
b
the permit holder shall be entitled to make representations in writing as to whether, and if so, how the terms and conditions should be varied;
c
where no representations under sub-paragraph (b) are received prior to the relevant date, the variation shall have effect on that date; and
d
where representations under sub-paragraph (b) are received prior to the relevant date, the Secretary of State shall consider them in determining whether or not to vary the terms and conditions as originally notified pursuant to paragraph (3) and may determine that revised terms and conditions shall come into effect on a date later than the relevant date.
6
Where an application is made under paragraph (2) and the Secretary of State decides not to vary the terms and conditions of the permit in question, she shall give notice in writing of her decision to the permit holder.
Assignment of permit
8
1
Where a permit holder wishes to assign his permit to another person (“the proposed assignee”) the permit holder and the proposed assignee shall each make an application to the Secretary of State to effect the assignment.
2
The Secretary of State shall effect the assignment provided she is satisfied that the proposed assignee will become the operator of the installation to which the permit relates after the assignment is effected.
3
The Secretary of State shall effect an assignment under this regulation by causing the permit to be endorsed with the name and other particulars of the proposed assignee as the permit holder.
4
The Secretary of State may, by notice, require the permit holder or the proposed assignee to furnish such further information specified in the notice, within the period so specified, as the Secretary of State may require for the purpose of determining an application under this regulation.
Revocation and surrender of permits
9
1
The Secretary of State may by notice in writing revoke a permit granted pursuant to these Regulations where she is of the opinion that —
a
any application made under these Regulations in connection with that permit contained or was supported by any information or statement which was false or misleading in a material particular; or
b
any person has been guilty of a breach of any term or condition attached to the permit.
2
A permit holder may surrender his permit by notice in writing to the Secretary of State.
Allowance Trading
10
1
The making by the Secretary of State of the following is hereby authorised —
a
a plan or plans for the allocation of allowances in relation to specified emissions (“allocation plans”); and
b
one or more emissions trading schemes (“the trading schemes”) for the purpose of facilitating the trading of allowances allocated under the allocation plans.
2
The Secretary of State may include in the rules of the trading schemes —
a
provision for penalties in respect of contraventions of the terms and conditions of the trading scheme; and
b
provision for the amount of any penalty under the trading scheme to be such as may be set out in or calculated in accordance with the scheme.
Registry
11
The Secretary of State shall for the purposes of the trading schemes establish and maintain one or more registries in which there shall be recorded —
a
allocations;
b
adjustments of allocations;
c
trades;
d
transfers;
e
withdrawals; and
f
surrenders
of allowances.
Inspectors
12
1
The Secretary of State may, if she thinks fit, appoint one or more inspectors —
a
to investigate whether the requirements, restrictions or prohibitions imposed by or under these Regulations have been, or are being complied with; or
b
to monitor any discharge of oil.
2
The inspectors shall report to the Secretary of State in such manner as she may direct.
3
An inspector appointed under paragraph (1) may for any of the purposes mentioned in that paragraph and on producing evidence of his appointment —
a
at any reasonable time (or, in a situation which in his opinion may give rise to a risk of significant pollution as a result of the discharge of oil, at any time) board any offshore installation;
b
on boarding an offshore installation, take with him any other person authorised by the Secretary of State for the purposes mentioned in paragraph (1) and any equipment or materials that he thinks he may require;
c
make such examination or investigation as he considers necessary (including any examination or investigation of the offshore installation or of the maintenance or monitoring of apparatus on the offshore installation);
d
give a direction requiring that any part of the offshore installation be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purposes of any examination or investigation under sub-paragraph (c);
e
take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under sub-paragraph (c);
f
take samples of any articles or substances found on the offshore installation or take samples of the atmosphere, land, seabed (including the subsoil thereof) or water in the vicinity of the offshore installation;
g
in the case of any article or substance which he finds on the offshore installation, cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless, in the circumstances of the case, that is necessary);
h
in the case of any such article or substance as is mentioned in sub-paragraph (g), take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely —
i
to examine it and do to it anything which he has power to do under that sub-paragraph;
ii
to ensure that it is not tampered with before his examination of it is completed; and
iii
to ensure that it is available for use as evidence in any proceedings relating to an offence under these Regulations;
i
require any person whom he has reasonable cause to believe is able to give any information relevant to any examination or investigation under sub-paragraph (c) —
i
to attend at a place and time specified by the inspector;
ii
to answer (in the absence of any person other than persons whom the inspector may allow to be present and a person nominated to be present by the person upon whom the requirement is imposed) such questions as the inspector thinks fit to ask; and
iii
to sign a declaration as to the truth of his answers;
j
require the production of, and inspect and take copies of —
i
any records which by virtue of any provision of any permit granted under these Regulations are required to be kept; and
ii
any records which he considers it necessary for him to see for the purposes of any examination or investigation under sub-paragraph (c); and
k
require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as the inspector considers are necessary to enable him to exercise any of the powers conferred on him by this regulation.
4
An answer given by a person in compliance with a requirement imposed under paragraph 3(i) shall be admissible in evidence in England and Wales or Northern Ireland against that person in any proceedings or, in Scotland, against that person in criminal proceedings.
5
In criminal proceedings in which such person as is mentioned in paragraph (4) is charged with an offence to which this paragraph applies no evidence relating to that person’s answer may be adduced and no questions relating to it may be asked by or on behalf of the prosecution unless evidence relating to it is adduced by or on behalf of that person.
6
Paragraph (5) applies to any offence other than one under —
a
regulation 16(1)(g)(ii);
b
section 5 of the Perjury Act 1911 (false statements made otherwise than on oath);
c
section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or
d
article 10 of the Perjury (Northern Ireland) Order 1979 false statutory declarations and other (false unsworn statements).
7
Nothing in this regulation shall be taken to compel the production by any person of a document of which he would, on grounds of legal professional privilege, be entitled to withhold production on a order for disclosure or discovery in an action in the High Court or in the High Court in Northern Ireland or, in relation to Scotland, on an order for the production of documents in an action in the Court of Session.
Enforcement notices
13
1
Subject to paragraph (2), if the Secretary of State is of the opinion that any person has contravened or is contravening any condition of a permit or is likely to contravene any such condition, the Secretary of State or an inspector appointed by her under regulation 12 may serve on the permit holder a notice in writing (“an enforcement notice”) which —
a
states that the Secretary of State is of the opinion mentioned in paragraph (1);
b
specifies the matters which constituted, constitute or, as the case may be, are likely to constitute the contravention;
c
specifies the steps that must be taken to remedy or, as the case may be, to prevent the contravention; and
d
specifies the period within which those steps must be taken.
2
Paragraph (1) shall not apply where the permit condition in question relates exclusively to one or more of the trading schemes.
3
The steps that may be specified under paragraph (1)(c) include steps that must be taken to remedy any pollution caused by the contravention.
4
Where a person to whom an enforcement notice is addressed has failed to take the action required by it within such time as may be specified by it and such a notice has not been revoked, the Secretary of State may herself undertake any action so required and the reasonable costs and expenses of her so doing shall be recoverable as a debt from that person.
5
A person to whom an enforcement notice is addressed shall afford such assistance as the Secretary of State may reasonably require for the purpose of facilitating the exercise of any powers conferred on the Secretary of State by paragraph (4).
6
The Secretary of State or an inspector appointed by her under regulation 12 may revoke an enforcement notice served under paragraph (1).
7
The exercise by the Secretary of State of any power conferred by paragraphs (1)or (4) shall be without prejudice to the exercise by her of any other power under any other provision of these Regulations.
Prohibition notices
14
1
If the Secretary of State is of the opinion that the operation of an offshore installation involves an imminent risk of serious pollution as a consequence of any discharge of oil, the Secretary of State or an inspector appointed by her under regulation 12 may serve a notice in writing (“a prohibition notice”) on the permit holder.
2
A prohibition notice may be served whether or not the risk relates to the contravention of a permit granted under these Regulations, and may relate to any aspects of the operation of an offshore installation whether or not regulated by the conditions of such a permit.
3
A prohibition notice —
a
shall state that the Secretary of State is of the opinion mentioned in paragraph (1);
b
shall specify the risk involved in the operation of the offshore installation;
c
shall specify the steps that must be taken to remove it and the period within which they must be taken; and
d
may direct that any permit granted under these Regulations shall, until the notice is withdrawn wholly or in part, cease to have effect and where the direction applies to part only of the operation of the offshore installation, it may impose conditions to be observed in carrying on that part of the operation which is authorised under the relevant permit.
4
The Secretary of State or an inspector appointed by her under regulation 12 may by notice withdraw a prohibition notice wholly or in part at any time and shall withdraw a notice when the Secretary of State is satisfied that the steps required by the notice have been taken.
5
It shall be the duty of the person to whom the prohibition notice is addressed to comply with its terms save to the extent that it is withdrawn wholly or in part.
6
The service of a prohibition notice shall be without prejudice to the exercise by any person of any power under any other provision of these Regulations.
Appeal to the High Court, Court of Session, or High Court in Northern Ireland
15
1
In this regulation, the expressions “the English area”, “the Scottish area” and “the Northern Irish area” shall have the same meanings as in the Civil Jurisdiction (Offshore Activities) Order 1987 .
2
Subject to paragraph (6), any applicant for a permit, any permit holder or any person the subject of a decision by the Secretary of State under these Regulations, aggrieved by her decision, may appeal to the court.
3
Subject to paragraph (4), the expression, “the court” means —
a
in respect of a decision relating to the discharge of oil in the English area, the High Court;
b
in respect of a decision relating to the discharge of oil in the Scottish area (excluding Scottish controlled waters), the Court of Session;
c
in respect of a decision relating to the discharge of oil in the Northern Irish area, the High Court in Northern Ireland.
4
Where oil is discharged or is to be discharged in more than one of the areas referred to in paragraph (1) (excluding Scottish controlled waters), any of the courts having jurisdiction in the area or areas where oil is discharged or is to be discharged shall have jurisdiction in relation to the decision in question.
5
Unless the court otherwise orders, any decision of the Secretary of State which is the subject of an appeal under paragraph (2) shall remain in force pending a final disposal of that appeal.
6
An appeal under this regulation shall be made within 28 days of written notification of the decision in question.
Offences
16
1
Subject to paragraphs (2) and (4), a person is guilty of an offence if he —
a
contravenes regulation 3(1);
b
fails to comply with the terms of an enforcement notice or a prohibition notice;
c
fails to supply any information required to be supplied by virtue of the terms or conditions of any permit granted under these Regulations;
d
fails to supply any information required to be supplied by virtue of regulation 3(4);
e
wilfully obstructs an inspector appointed under regulation 12;
f
without reasonable excuse, fails to comply with a requirement imposed in pursuance of regulation 12(3), or prevents another person from complying with such a requirement;
g
knowingly or recklessly makes a statement which he knows to be false or misleading in a material particular where such a statement —
i
is made in connection with, or for the purposes of, any application for a permit, the renewal of a permit, the variation of a permit or the assignment of a permit; or
ii
is made for the purposes of satisfying any requirement under these Regulations for the supply of information to the Secretary of State or an inspector appointed by her pursuant to regulation 12.
2
Where a person is charged with an offence under paragraph (1)(a), (1)(b),(1)(c) or 1(d), it is a defence to prove that the contravention or failure —
a
arose as a result of something which could not reasonably have been prevented by him; or
b
subject to paragraph (3), was due to something done as a matter of urgency for the purpose of securing the safety of any person.
3
A person does not have the defence provided by paragraph (2)(b) if the court is satisfied —
a
that the thing done —
i
was not necessary for the purpose mentioned in that paragraph; and
ii
was not a reasonable step to take in the circumstances; or
b
that it was necessary for the purpose mentioned in that paragraph but the necessity was due to the fault of the defendant.
4
The discharge of oil into relevant waters in contravention of any one or more of the terms of or conditions attached to a permit shall not constitute an offence for the purpose of this regulation where the term or condition in question relates exclusively to one or more of the trading schemes.
5
A person guilty of an offence under this regulation shall, on summary conviction, be liable to a fine not exceeding the statutory maximum and, on conviction on indictment, to a fine.
6
Where an offence under this regulation by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished accordingly.
7
Where the affairs of a body corporate are managed by its members, paragraph (6) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
8
Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.
9
Proceedings for an offence under this regulation may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of the United Kingdom.
10
Section 3 of the Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions) shall not apply to any proceedings for an offence under this regulation.
Service of notices
17
1
In this regulation —
“electronic communication” means a communication transmitted —
by means of an electronic communications network; or
by other means but while in electronic form; and
“written document” includes an application, a permit, information, data, evidence, a representation or a notice under these Regulations or a copy thereof.
2
A written document may be sent, given or issued to the intended recipient by —
a
delivering it to him; or
b
leaving it at his proper address; or
c
sending it by post to him at that address.
3
A written document may be sent, given or issued —
a
to a body corporate by being sent, given or issued to its secretary or clerk;
b
to a firm (including a Scottish partnership) by being sent, given or issued to a partner in the firm or to a person having management or control of the partnership business;
c
to an unincorporated body by being sent, given or issued to a member of its governing body.
4
For the purposes of this regulation and of section 7 of the Interpretation Act 1978 in its application to this regulation, the proper address (except in a case falling within paragraph (7) of this regulation) of —
a
the Secretary of State is the address of the principal office of the holder of the office of Secretary of State who for the time being exercises the functions of the Secretary of State under these regulations;
b
a body corporate is the address of its registered or principal office;
c
a firm (including a Scottish partnership) or unincorporated body is the address of its principal office;
d
any other person is his last known address.
5
Where, by virtue of the above provisions of this regulation, the proper address of the intended recipient of a written document is outside the United Kingdom, references in this regulation to the proper address of —
a
a body corporate, firm or unincorporated body include its principal office (if any) in the United Kingdom;
b
any other person includes his last known address in the United Kingdom unless he is known no longer to have an address in the United Kingdom).
6
If the person to whom a written document is to be sent, given or issued has furnished the person by whom the written document is to be sent, given or issued with an address pursuant to any provision of these Regulations, that address shall also be treated for the purpose of this regulation as his proper address.
7
Where a written document is to be sent, given or issued by means of an electronic communication, the proper address of any person includes the number or address which he has indicated is to be used by him for receipt of the communication.
8
This regulation is without prejudice to any other lawful method of giving or serving notice.
Disapplication or consequential modifications of enactments
18
1
Sections 1, 2, 3, 6 and 23 of the Prevention of Oil Pollution Act 1971 shall not apply to discharges of oil which are regulated by a permit granted under these Regulations.
2
The Deposits in the Sea (Exemptions) Order 1985 is amended as follows —
a
paragraph 4(a) of the Schedule is repealed; and
b
after paragraph 4(b) insert —
c
of a kind regulated under The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005.
.
Amendment of the Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001
19
The Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001 are amended as set out in Schedule 1 to these Regulations.
Amendment of the Offshore Chemicals Regulations 2002
20
The Offshore Chemicals Regulations 2002 are amended as set out in Schedule 2 to these Regulations.
Malcolm Wicks
Minister for Energy and E-Commerce,
Department of Trade and Industry
21st July 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2005.
2
This Order comes into force —
a
for the purposes of article 2, on 6th April 2005;
b
for all other purposes, on 1st April 2005.
3
In this Order “ the Schedule ” means the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 .
Amendment of the Schedule
2
1
After paragraph 34 of the Schedule insert —
34A
The Board of the Pension Protection Fund.
.
2
At the end of paragraph 48(2) of the Schedule insert —
;
f
Communities Scotland
.
3
1
Paragraph 49 of the Schedule is amended as follows.
2
For “England and Wales”, wherever occurring, substitute “Great Britain”.
3
Omit sub-paragraph (6).
4
In sub-paragraph (7) —
a
for the definition of “BSC Framework Agreement” substitute —
“BSC Framework Agreement” means the agreement of that title in the form approved by the Secretary of State for the purpose of conditions of the Transmission Licence and which is dated 14 August 2000; and “conditions” for the purposes of this definition means conditions determined by the Secretary of State under powers granted by section 137(1) of the Energy Act 2004 . and incorporated into existing electricity transmission licences by a scheme made by the Secretary of State pursuant to section 138 of, and Schedule 17 to, that Act;
;
b
in the definition of “Interconnector” —
i
after “electrical plant” insert “and meters”;
ii
after “used” insert “solely”;
iii
omit “and distribution systems”;
c
in the definition of “NGC” delete “The”;
d
omit the definition of “the Pooling and Settlement Agreement”;
e
in the definition of “the Transmission Licence”
i
for “transmit” substitute “participate in the transmission of”;
ii
after “granted” insert “, or treated as granted,”.
Joan Ryan
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 2005


text:
Citation and commencement
1
This Order may be cited as the Education (Listed Bodies) (England) (Amendment) (No. 2) Order 2005 and shall come into force on 10th November 2005.
Amendment of the Education (Listed Bodies) (England) Order 2004
2
The Education (Listed Bodies) (England) Order 2004 is amended as follows.
3
In Section 1 of Part 1 of the Schedule —
a
omit —
i
“Central School of Speech and Drama”;
ii
“Edge Hill College of Higher Education”;
iii
“Kent Institute of Art and Design”;
iv
“Laban Centre, London”;
v
“Southampton Institute”;
vi
“Surrey Institute of Art and Design University College, The”;
vii
“York St John College”;
b
for “Trinity College of Music”, substitute “Trinity Laban”.
4
In Part 2 of the Schedule, omit —
a
“University of Wales, Cardiff”; and
b
“University of Wales, College of Medicine”.
Bill Rammell
Minister of State
Department for Education and Skills
21st October 2005


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Doncaster) Order 2005 and shall come into force on 4th July 2005.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the metropolitan borough of Doncaster except —
a
the entire length of the A1, including its on and off slip roads, within the borough;
b
the entire length of the A1(M), including its on and off slip roads, within the borough;
c
the entire length of the M18, including its on and off slip roads, within the borough;
d
the entire length of the M180, including its on and off slip roads, within the borough.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Karen Buck
Parliamentary Under Secretary of State
Department for Transport
21st May 2005


text:
Citation and commencement
1
These Regulations may be cited as the Employer-Financed Retirement Benefits Schemes (Provision of Information) Regulations 2005 and shall come into force on 6th April 2006.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Finance Act 2004; and
“ ITEPA 2003 ” means the Income Tax (Earnings and Pensions) Act 2003 .
2
In these Regulations —
“employer-financed retirement benefits scheme” has the same meaning as in section 393A of ITEPA 2003 ;
“relevant benefits” has the same meaning as in section 393B of ITEPA 2003;
“responsible person” has the same meaning as in section 399A of ITEPA 2003;
“year of assessment” means a year beginning with 6 th April in any year and ending with 5 th April in the following year.
Prescribed person
3
The responsible person in relation to an employer-financed retirement benefits scheme is the person prescribed for the purposes of these Regulations.
Provision of information in relation to the coming into operation of schemes
4
1
The responsible person shall supply to the Board the particulars prescribed in paragraph (3) on or before 31st January next following the end of the year of assessment during which the scheme first came into operation.
2
For the purposes of this regulation a scheme “comes into operation” on whichever is the first date, on or after that on which these Regulations come into force, on which —
a
an employer makes a contribution to that scheme ; or
b
relevant benefits are provided.
3
The prescribed information for the purposes of this paragraph is —
a
the name of the scheme;
b
the address of the responsible person; and
c
the date the scheme came into operation.
Provision of information in relation to relevant benefits
5
1
The responsible person shall supply to the Board the particulars prescribed in paragraph (3) in respect of all relevant benefits provided during the year of assessment at the time prescribed by paragraph (4).
This is subject to the following qualification.
2
Information is not required to be supplied under this regulation in respect of pensions which are chargeable to tax under Chapter 2 of Part 9 of ITEPA 2003.
3
The prescribed information is —
a
the name, address and national insurance number of the recipient of the relevant benefit;
b
the nature of the relevant benefit provided; and
c
the amount of the relevant benefit calculated in accordance with section 398(2) of ITEPA 2003.
4
The prescribed time is not later than 7 th July following the end of the year of assessment in which the relevant benefit was provided.
D. A. Hartnett
M. J. Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
14th December 2005


text:
Citation and commencement
1
1
These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations 2005.
2
These Regulations shall come into force as follows —
a
subject to sub-paragraphs (b) and (c), on the day after the day that they are made;
b
regulation 2 shall come into force —
i
except for the purposes of any type of case referred to in head (ii), on the day after the day that they are made; and
ii
for the purposes of any type of case which is not one in relation to which 3rd March 2003 is the day appointed for the coming into force of section 1(2)(a) of the Child Support, Pensions and Social Security Act 2000 , on the day on which that provision comes into force in relation to that type of case;
c
regulation 8(2), (4), (5) and (6), on 6th April 2005.
Amendment of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992
2
After regulation 8 of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 (maintenance assessments and maintenance orders made in error), insert —
Maintenance calculations and maintenance orders – payments
8A
Where —
a
a maintenance calculation has been made with respect to a qualifying child in response to an application made under section 4 or 7 of the Act ;
b
at the time that maintenance calculation was made a maintenance order was in force with respect to that child;
c
the maintenance order has ceased to have effect by virtue of the provisions of regulation 3 ; and
d
the non-resident parent has made payments of maintenance due under that order after the date on which the maintenance calculation took effect in accordance with regulation 26 of the Maintenance Calculation Procedure Regulations ,
the payments made under the maintenance order shall be treated as payments of child support maintenance.
.
Amendment of the Child Support (Maintenance Assessment Procedure) Regulations 1992
3
1
The Child Support (Maintenance Assessment Procedure) Regulations 1992 shall be amended in accordance with the following paragraphs.
2
In regulation 1(2) (commencement, citation and interpretation), insert in the appropriate place —
“family” has the same meaning as in the Maintenance Assessments and Special Cases Regulations ;
; and
“partner” has the same meaning as in the Maintenance Assessments and Special Cases Regulations;
.
3
In regulation 8 (categories of interim maintenance assessment), omit paragraph (3)(e).
4
In regulation 20(3) (supersession of decisions), after “where paragraph (8) applies,” insert “but subject to regulation 23(22)”.
5
In regulation 23 (date from which a decision is superseded), after paragraph (20) add —
21
Where a superseding decision is made in a case to which regulation 20(2)(a) or (3) applies, and the relevant circumstance is that a person has ceased to be a person with care in relation to a qualifying child in respect of whom the maintenance assessment was made, the decision shall take effect from the first day of the maintenance period in which that person ceased to be that person with care in relation to that qualifying child.
22
Regulation 21 shall not apply where a superseding decision is made under regulation 20(3) in the circumstances set out in paragraph (19) or (21).
.
Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992
4
1
The Child Support (Maintenance Assessments and Special Cases) Regulations 1992 shall be amended in accordance with the following paragraphs.
2
In Schedule 1 (calculation of N and M) —
a
in paragraph 2A(3)(a) , for “equivalent to any personal allowance” substitute “calculated as if it were equivalent to any personal allowance which would be”;
b
in paragraph 3(5)(a) , for “equivalent to any personal allowance” substitute “calculated as if it were equivalent to any personal allowance which would be”.
3
In Schedule 2 (amounts to be disregarded when calculating or estimating N and M) —
a
after paragraph 18, insert —
18A
Subject to paragraph 20 , and to the extent that it does not exceed £10.00, a payment made in respect of a parent under a scheme mentioned in section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 (compensation schemes for armed and reserve forces).
;
b
in paragraph 20 for the words “18 and 19(1)” wherever they appear, substitute “18 to 19(1)”;
c
in paragraph 25 after the words “(permitted allowances)”, insert “or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 ”;
d
after paragraph 25, insert —
25A
Any payment made to a person in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services) in respect of a child who is a member of his family.
.
4
In paragraph (b) of Schedule 4 (cases where child support maintenance is not to be payable) —
a
at the end of sub-paragraph (ix), omit “and”;
b
after sub-paragraph (ix), add —
x
the Armed Forces (Pensions and Compensation) Act 2004; and
.
Amendment of the Child Support (Maintenance Calculation Procedure) Regulations 2000
5
1
Regulation 10 of the Child Support (Maintenance Calculation Procedure) Regulations 2000 (circumstances in which a reduced benefit decision shall not be given) shall be renumbered as paragraph (1) of that regulation.
2
After that paragraph add —
2
In paragraph (1)(c), “family” has the same meaning as in the Maintenance Calculations and Special Cases Regulations.
.
Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000
6
1
The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 shall be amended in accordance with the following paragraphs.
2
In regulation 4(1) (flat rate) —
a
after sub-paragraphs (d) and (e), omit “and”;
b
after sub-paragraph (f), add —
; and
g
a payment under a scheme mentioned in section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 (compensation schemes for armed and reserve forces).
.
3
In regulation 5 (nil rate) —
a
after paragraph (gg), insert “or”;
b
after paragraph (h), omit “; or”.
4
In regulation 11 (non-resident parent liable to pay maintenance under a maintenance order), in paragraph (1), for the words after “pay maintenance” substitute —
for that child —
under a maintenance order;
in accordance with the terms of an order made by a court outside Great Britain; or
under the legislation of a jurisdiction outside the United Kingdom,
that case shall be treated as a special case for the purpose of the Act.
;
5
In paragraph 7(4)(a) of the Schedule (net weekly income) for “equivalent to any personal allowance” substitute “calculated as if it were equivalent to any personal allowance which would be”.
Amendment of the Child Support (Transitional Provisions) Regulations 2000
7
1
The Child Support (Transitional Provisions) Regulations 2000 shall be amended in accordance with the following paragraphs.
2
In regulation 3(2)(b)(ii) (decision and notice of decision), for “paragraph” substitute “sub-paragraph”.
3
In regulation 27 (subsequent decision with effect in transitional period – amount payable) —
a
after paragraph (7) , insert —
7A
This paragraph applies where —
a
paragraph (1) applies and at the date of the subsequent decision there is more than one person with care in relation to the same non-resident parent; and
b
as a result of the subsequent decision there is one person with care in relation to that non-resident parent.
7B
Where paragraph (7A) applies, the amount payable to a person with care in respect of whom the amount payable is calculated by reference to a phasing amount shall be determined by applying paragraphs (1) to (5) as if references to —
a
the new amount and the transitional amount were to the apportioned part of the amount in question which had been payable immediately prior to the subsequent decision to the person with care in respect of whom the subsequent decision is made; and
b
the subsequent decision amount were to the full amount payable under the subsequent decision.
;
b
in paragraph (8), after “paragraph (7)” insert “and (7B)”.
Amendment of the Child Support (Variations) Regulations 2000
8
1
The Child Support (Variations) Regulations 2000 shall be amended in accordance with the following paragraphs.
2
In regulation 6(2)(b)(iii) (rejection of an application following preliminary consideration), after “regulation 19(1)” insert “or (1A)”.
3
For regulation 11(3) (special expenses — illness or disability of relevant other child), substitute —
3
Where, at the date on which the non-resident parent makes the variation application —
a
he or a member of his household has received, or at that date is in receipt of, or where he or the member of his household will receive any financial assistance from any source in respect of the long-term illness or disability of the relevant other child; or
b
a disability living allowance is received by the non-resident parent or the member of his household on behalf of the relevant other child,
only the net amount of the costs incurred in respect of the items listed in paragraph (1), after the deduction of the financial assistance or the amount of the allowance, shall constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B to the Act.
.
4
For regulation 18(3)(a) (assets), substitute —
a
where the total value of the assets referred to in that paragraph does not exceed £65,000 after deduction of —
i
the amount owing under any mortgage or charge on those assets;
ii
the value of any asset in respect of which income has been taken into account under regulation 19(1A);
.
5
In regulation 19 (income not taken into account and diversion of income) —
a
after paragraph (1), insert —
1A
Subject to paragraph (2), a case shall constitute a case for the purposes of paragraph 4(1) of Schedule 4B to the Act where —
a
the non-resident parent has the ability to control the amount of income he receives from a company or business, including earnings from employment or self-employment; and
b
the Secretary of State is satisfied that the non-resident parent is receiving income from that company or business which would not otherwise fall to be taken into account under the Maintenance Calculations and Special Cases Regulations.
;
b
for paragraph (2), substitute —
2
Paragraphs (1) and (1A) shall apply where —
a
the income referred to in paragraph (1)(b) is net weekly income of over £100; or
b
the income referred to in paragraph (1A)(b) is over £100; or
c
the aggregate of the net weekly income referred to in sub-paragraph (a) and the income referred to in sub-paragraph (b) is over £100,
as the case may be.
;
c
in paragraph (4)(b) —
i
after “Regulations” insert “or paragraph (1A)”;
ii
omit “in order to reduce his liability to pay child support maintenance”;
d
in paragraph (5), after sub-paragraph (b) add —
; and
c
in a case to which paragraph (1A) applies, the additional income taken into account under regulation 25 shall be the whole of the income referred to in paragraph (1A)(b).
.
6
In regulation 20(3) (lifestyle inconsistent with declared income), after sub-paragraph (a) insert —
aa
income which falls to be considered under regulation 19(1A) (income not taken into account);
.
Signed by authority of the Secretary of State for Work and Pensions.
Patricia Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
15th March 2005