text:
PART 1
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Equal Treatment) (Amendment) Regulations 2005.
2
These Regulations shall come into force on 10th August 2005.
3
In these Regulations —
“armed forces” means the naval, military or air forces of the Crown;
“armed forces scheme” means any occupational pension scheme —
made under section 3 of the Naval and Marine Pay and Pensions Act 1865 (payment of naval and marine pay and pensions according to Order in Council),
set out in the Army Pensions Warrant 1977 ,
made under section 2 of the Air Force (Constitution) Act 1917 (government, discipline and pay of Air Force),
made under sections 4 and 8 of the Reserve Forces Act 1996 (orders and regulations concerning the reserve forces), or
made under section 1 of the Armed Forces (Pensions and Compensation) Act 2004 (pension and compensation schemes: armed and reserve forces);
“commencement date” means the date specified in paragraph (2);
“ Equal Pay Act ” means the Equal Pay Act 1970 ;
“equality clause” shall be construed in accordance with section 1(2) of the Equal Pay Act;
“occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 (categories of pension scheme);
“pension-related term of service” has the meaning given by regulation 12(2); and
“pensioner member” includes a person who is entitled to the present payment of pension or other benefits derived through a member.
PART 2
EQUAL TREATMENT: AMENDMENTS
Application of Part 2
2
1
The modifications contained in amendments made by this Part of these Regulations apply to proceedings in respect of the terms of an occupational pension scheme if the proceedings are instituted on or after the commencement date (subject to paragraph (2)).
2
Those modifications do not so apply if the last day on which the woman was employed in the employment to which the occupational pension scheme relates falls more than six months before the commencement date.
Pensions Act 1995
Modification of Equal Pay Act provisions applied to equal treatment rule
3
In section 63 of the Pensions Act 1995 (equal treatment rule: supplementary), subsection (4)(c) is repealed.
Occupational Pension Schemes (Equal Treatment) Regulations 1995
Equal Pay Act provisions applying to equal treatment rule and equality clause
4
The Occupational Pension Schemes (Equal Treatment) Regulations 1995 are amended in accordance with regulations 5 and 6.
Modifications: operation of equal treatment rule
5
1
In regulation 2 (application of Equal Pay Act to equal treatment rule) —
a
renumber the existing text as paragraph (1);
b
in paragraph (1), for sub-paragraph (a) substitute —
a
subject to the further modifications made in paragraph (2) below and in regulations 3 to 7 below,
; and
c
after paragraph (1) add —
2
Section 2ZA of the Equal Pay Act shall have effect in relation to an equal treatment rule as if —
a
for subsection (1) there were substituted —
1
This section applies for the purpose of determining the qualifying date, in relation to relevant proceedings in respect of a woman, for the purposes of section 2(4) above.
1A
In subsection (1) above “relevant proceedings” means proceedings in respect of the terms on which —
a
persons become members of an occupational pension scheme, or
b
members of an occupational pension scheme are treated.
; and
b
in subsection (2) —
i
in paragraph (a) of the definition of “concealment case”, the reference to the employer was a reference to the employer or the trustees or managers of the scheme, and
ii
in paragraph (c) of the definition of “disability case”, the reference to the employer was a reference to the employer or the trustees or managers of the scheme.
.
2
For regulation 5 (power to declare right to admission to scheme and employer’s duty to provide additional resources) substitute —
Power for a court or employment tribunal to declare right to admission to scheme
5
Where a claim to which regulation 3 applies relates to the terms on which persons become members of the scheme, section 2 of the Equal Pay Act shall have effect as if, after subsection (5A) (as inserted by regulation 4), there were added —
6A
Where a court or employment tribunal finds that there has been a breach of an equal treatment rule which relates to the terms on which persons become members of the scheme (including any terms concerning the age or length of service needed for becoming a member of the scheme), the court or tribunal may declare that a woman has the right to be admitted to the scheme with effect from such date as it may specify provided that, in any case, that date is not earlier than 8th April 1976.
.
.
3
For regulation 7 (power to make financial award for equal treatment claims by pensioner members and employer’s duty to provide additional resources) substitute —
Power for a court or employment tribunal to make a financial award for equal treatment claims by pensioner members and employer’s duty to provide additional resources
7
1
This regulation applies in the case of a claim by a pensioner member of a scheme in respect of a failure to comply with an equal treatment rule which relates to the terms on which the member is treated.
2
Section 2 of the Equal Pay Act shall have effect as if —
a
for subsection (5) there were substituted —
5
A woman who is a pensioner member shall not be entitled, in proceedings brought in respect of a failure to comply with an equal treatment rule (including proceedings before an employment tribunal), to be awarded any payment by way of arrears of benefits or damages or any other financial award —
a
in proceedings in England and Wales, in respect of a time earlier than the arrears date (determined in accordance with section 2ZB below), and
b
in proceedings in Scotland, in respect of a time before the period determined in accordance with section 2ZC below.
; and
b
the following subsections were added after subsection (5A) (as inserted by regulation 4) —
6C
Where a court or employment tribunal awards a payment by way of arrears of benefits or damages, or makes any other financial award, the employer shall provide any such resources to the scheme as are specified in subsection (7C) below.
7C
The resources referred to in subsection (6C) above are such additional resources, if any, as may be necessary for the scheme to secure to the pensioner member the payment of the amount awarded or other financial award made, without contribution or further contribution by the pensioner member or by other members of the scheme.
.
3
Section 2ZB of the Equal Pay Act shall have effect as if —
a
for subsection (1) there were substituted —
1
This section applies for the purpose of determining the arrears date, in relation to an award of any payment by way of arrears of benefits or damages or any other financial award in relevant proceedings in England and Wales in respect of a woman, for the purposes of section 2(5)(a) above.
1A
In subsection (1) above “relevant proceedings” means proceedings in respect of the terms on which members of an occupational pension scheme are treated.
; and
b
in subsection (2), the reference in the definition of “concealment case” to the employer were a reference to the employer or the trustees or managers of the scheme.
4
Section 2ZC of the Equal Pay Act shall have effect as if —
a
for subsection (1) there were substituted —
1
This section applies, in relation to an award of any payment by way of arrears of benefits or damages or any other financial award in relevant proceedings in Scotland in respect of a woman, for the purposes of determining the period mentioned in section 2(5)(b) above.
1A
In subsection (1) above “relevant proceedings” means proceedings in respect of the terms on which members of an occupational pension scheme are treated.
; and
b
in subsection (2)(a), the reference to the employer or any person acting on his behalf was a reference to the employer, the trustees or managers of the scheme or any person acting on his or their behalf.
.
Modifications: operation of equality clause on pension-related terms of employment
6
For regulation 10 (power to declare right to admission to scheme for breach of term in contract of employment and employer’s duty to provide additional resources) substitute —
Power for a court or employment tribunal to declare right to admission to scheme for breach of term in contract of employment in relation to access claims
10
Where a claim to which regulation 9 applies relates to the terms on which persons become members of the scheme, section 2 of the Equal Pay Act shall have effect as if, after subsection (5) (as modified by regulation 9), there were added —
6D
Where a court or employment tribunal finds that there has been a breach of an equality clause which relates to the terms on which persons become members of the scheme (including any terms concerning the age or length of service needed for becoming a member of the scheme), the court or tribunal may declare that a woman has a right to be admitted to the scheme with effect from such date as it may specify provided that, in any case, that date is not earlier than 8th April 1976.
.
.
PART 3
EQUAL TREATMENT RULE: ARMED FORCES SCHEMES
Application of Part 3
7
1
This Part of these Regulations —
a
applies (with modifications) certain provisions of the Equal Pay Act in relation to the operation of an equal treatment rule in respect of the terms of an occupational pension scheme; but
b
applies only to schemes which are armed forces schemes .
2
The modifications of the Equal Pay Act made by this Part of these Regulations apply to proceedings in respect of the terms of an armed forces scheme if the proceedings are instituted on or after the commencement date (subject to paragraph (3)).
3
Those modifications do not so apply if the last day of the woman’s period of service (to which the scheme relates) in the armed forces falls more than nine months before the commencement date.
Operation of equal treatment rule on armed forces schemes
8
1
Section 7A of the Equal Pay Act (service pay and conditions) shall have effect, in relation to the operation of an equal treatment rule in respect of an armed forces scheme, as if it were modified as follows (see also regulations 10 and 11 which make further modifications to deal with different cases).
2
Omit subsections (1) and (2).
3
For subsections (3) and (4) substitute —
3
Any claim in respect of the contravention, in respect of a woman, of a term of an armed forces scheme which —
a
relates to the terms on which —
i
persons become members of the scheme, or
ii
members of the scheme are treated; and
b
is modified or included by an equal treatment rule,
may be presented by way of a complaint to an employment tribunal under this section (and may not be presented by way of a complaint to an employment tribunal under section 2 above).
4
Subsections (5) to (10) below apply in relation to any claim by a woman (“the claimant”) arising from a contravention of a term of a scheme referred to in subsection (3) above.
.
4
For subsection (10) substitute —
10
Section 2A above shall apply in relation to a complaint in respect of the claim as it applies to a complaint presented to an employment tribunal under section 2(1) above, but with the substitution for any reference to section 1(2)(c) above of a reference to section 62(3)(c) of the Pensions Act 1995 (the equal treatment rule).
.
5
In subsection (12), after the definition of “armed forces”, insert —
“armed forces scheme” has the same meaning as in the Occupational Pension Schemes (Equal Treatment) (Amendment) Regulations 2005;
.
6
After subsection (13) insert —
14
In the application of this section and sections 7AA to 7AC below to any claim in respect of the contravention of a term of an armed forces pension scheme, expressions used in any of those sections and in the Pensions Act 1995 have the same meaning as in that Act.
.
Definition of “qualifying date”: proceedings relating to armed forces schemes
9
1
Section 7AA of the Equal Pay Act (meaning of “qualifying date” under section 7A(8)) shall have effect, in relation to the operation of an equal treatment rule in respect of an armed forces scheme, as if it were modified as follows.
2
For subsection (1) substitute —
1
This section applies for the purpose of determining the qualifying date, in relation to relevant proceedings on a complaint in respect of a woman, for the purposes of section 7A(8) above.
1A
In subsection (1) above “relevant proceedings” means proceedings in respect of the terms on which —
a
persons become members of an armed forces scheme, or
b
members of an armed forces scheme are treated.
.
3
In subsection (2), in the definitions of “concealment case” and “disability case”, for the words “the employer” substitute “the employer or the managers of the armed forces scheme”.
Claims relating to contraventions of terms as to admission or treatment
10
1
In the case of a claim that —
a
is made in respect of a contravention of a term of an armed forces scheme that relates to the terms on which —
i
persons become members of the scheme, or
ii
members of the scheme are treated, and
b
does not fall within regulation 11,
section 7A of the Equal Pay Act shall have effect as if it were further modified as follows.
2
For subsection (9) substitute —
9
A woman shall not be entitled, in proceedings on a complaint in respect of the claim, to be awarded any payment by way of arrears of benefits or damages or any other financial award.
9A
A court or employment tribunal which finds that there has been a contravention of a term which is modified or included by an equal treatment rule may —
a
where the contravention relates to the terms on which persons become members of an armed forces scheme (including any terms concerning the age or length of service needed for becoming a member of the scheme), declare that a woman has the right to be admitted to the scheme with effect from such date as the court or employment tribunal may specify provided that, in any case, that date is not earlier than 8th April 1976;
b
where the contravention relates to the terms on which members of an armed forces scheme are treated, declare that a woman who is a member has a right to equal treatment in respect of such a period as the court or employment tribunal may specify provided that, in any case, that period does not begin before 17th May 1990.
9B
Where a declaration under subsection (9A)(b) above relates to any period falling before the date of the declaration, the employer shall provide to the armed forces scheme such additional resources (if any) as may be necessary for the scheme to secure to the member, without contribution or further contribution by the member or by other members of the scheme, the same accrued rights in respect of the period falling before the date of the declaration as if that member had been treated equally in respect of that period.
.
Claims by pensioner members relating to contraventions of terms as to treatment
11
1
In the case of a claim that —
a
is made in respect of a contravention of a term of an armed forces scheme that relates to the terms on which members of the scheme are treated; and
b
is made by a pensioner member,
the following provisions of the Equal Pay Act shall have effect as if they were modified (or, in the case of section 7A, further modified) as follows.
2
In section 7A for subsection (9) substitute —
9
A woman who is a pensioner member shall not be entitled, in proceedings on a complaint in respect of the claim, to be awarded any payment by way of arrears of benefits or damages or any other financial award —
a
in proceedings in England and Wales, in respect of a time earlier than the arrears date (determined in accordance with section 7AB below);
b
in proceedings in Scotland, in respect of a time before the period determined in accordance with section 7AC below.
9A
Where a court or employment tribunal awards a payment by way of arrears of benefits or damages, or makes any other financial award, the employer shall provide any such resources to the armed forces scheme as are specified in subsection (9B) below.
9B
The resources referred to in subsection (9A) above are such additional resources, if any, as may be necessary for the scheme to secure to the pensioner member the payment of the amount awarded or other financial award made, without contribution or further contribution by the pensioner member or by other members of the scheme.
.
3
In section 7AB (“arrears date” in proceedings in England and Wales under section 7A(9)) —
a
for subsection (1) substitute —
1
This section applies for the purpose of determining the arrears date, in relation to an award of any payment by way of arrears of benefits or damages or any other financial award in relevant proceedings in England and Wales in respect of a woman, for the purposes of section 7A(9)(a) above.
1A
In subsection (1) above “relevant proceedings” means proceedings on a complaint in respect of the terms on which members of an armed forces scheme are treated.
; and
b
in subsection (2), in paragraph (a) of the definition of “concealment case” for the words “the employer” substitute “the employer or the managers of the armed forces scheme”.
4
In section 7AC (determination of “period” in proceedings in Scotland under section 7A(9)) —
a
for subsection (1) substitute —
1
This section applies, in relation to an award of any payment by way of arrears of benefits or damages or any other financial award in relevant proceedings in Scotland in respect of a woman, for the purposes of determining the period mentioned in section 7A(9)(b) above.
1A
In subsection (1) above “relevant proceedings” means proceedings on a complaint in respect of the terms on which members of an armed forces scheme are treated.
; and
b
in subsection (2)(a), for the words “the employer or any person acting on his behalf” substitute “the employer, the managers of the armed forces scheme or any person acting on his or their behalf.
PART 4
EQUALITY CLAUSE: SERVICE IN ARMED FORCES
Application of Part 4
12
1
This Part of these Regulations modifies the Equal Pay Act in relation to the operation of an equality clause in respect of a pension-related term of service.
2
“Pension-related term of service” means a term of service in any of the armed forces which relates to the terms on which —
a
persons become members of an armed forces scheme; or
b
members of such a scheme are treated.
3
The modifications of the Equal Pay Act made by this Part of these Regulations apply to proceedings in respect of pension-related terms of service if the proceedings are instituted on or after the commencement date (subject to paragraph (4)).
4
Those modifications do not so apply if the last day of the woman’s period of service in the armed forces falls more than nine months before the commencement date.
Operation of equality clause on pension-related terms of service
13
1
Section 7A of the Equal Pay Act (service pay and conditions) shall have effect, in relation to the operation of an equality clause in respect of a pension-related term of service, as if it were modified as follows (see also regulations 14 and 15 which make further modifications to deal with different cases).
2
In subsection (12), after the definition of “armed forces” insert —
“armed forces scheme” and “pension-related term of service” have the same meaning as in the Occupational Pension Scheme (Equal Treatment) (Amendment) Regulations 2005;
.
3
After subsection (13) insert —
14
In the application of this section and sections 7AA to 7AC below to any claim in respect of a contravention of a pension-related term of service —
a
references to pay shall be regarded as references to benefits; and
b
expressions used in any of those sections and in the Pensions Act 1995 have the same meaning as in that Act.
.
Claims relating to contraventions of terms as to admission or treatment
14
1
In the case of a claim that —
a
is made in respect of a contravention of a pension-related term of service, and
b
does not fall within regulation 15,
section 7A of the Equal Pay Act shall have effect as if it were further modified as follows.
2
For subsection (9) substitute —
9
A woman shall not be entitled, in proceedings on a complaint in respect of the claim, to be awarded any payment by way of arrears of benefits or damages.
9A
A court or employment tribunal which finds that there has been a contravention of a pension-related term of service which is modified or included by a term corresponding to an equality clause in a contract of employment may —
a
where the contravention relates to the terms on which persons become members of an armed forces scheme (including any term concerning the age or length of service needed for becoming a member of the scheme), declare that a woman has the right to be admitted to the scheme with effect from such date as the court or employment tribunal may specify provided that, in any case, that date is not earlier than 8th April 1976;
b
where the contravention relates to the terms on which members of an armed forces scheme are treated, declare that a woman who is a member has a right to equal treatment in respect of such a period as the court or employment tribunal may specify provided that, in any case, that period does not begin before 17th May 1990.
9B
Where a declaration under subsection (9A)(b) above relates to any period falling before the date of the declaration, the employer shall provide to the armed forces scheme such additional resources (if any) as may be necessary for the scheme to secure to the member, without contribution or further contribution by the member or by other members of the scheme, the same accrued rights in respect of the period falling before the date of the declaration as if that member had been treated equally in respect of that period.
.
Claims by pensioner members relating to contraventions of terms as to treatment
15
1
In the case of a claim that —
a
is made in respect of a contravention of a pension-related term of service that relates to the terms on which members of an armed forces scheme are treated; and
b
is made by a pensioner member,
section 7A of the Equal Pay Act shall have effect as if it were further modified as follows.
2
In subsection (9), after “A woman” insert “who is a pensioner member”.
3
After subsection (9) insert —
9A
Where a court or employment tribunal awards a payment by way of arrears of benefits or damages, the employer shall provide any such resources to the armed forces scheme as are specified in subsection (9B) below.
9B
The resources referred to in subsection (9A) above are such additional resources, if any, as may be necessary for the scheme to secure to the pensioner member the payment of the amount awarded, without contribution or further contribution by the pensioner member or by other members of the scheme.
.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
14 July 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 (Commission for Healthcare Audit and Inspection) (Transitional Provisions) Order 2005 and shall come into force on 31 st March 2005.
2
In this Order —
“ the Act ” means the Health and Social Care (Community Health and Standards) Act 2003;
“the CHI ” means the Commission for Health Improvement .
CHI – Accounts
2
1
The CHAI must prepare the annual accounts of the CHI in respect of the year beginning on 1 st April 2003 and ending on 31 st March 2004 in such form as the Secretary of State may determine.
2
The CHAI must send copies of those annual accounts to the Secretary of State and the Comptroller and Auditor General within such period as the Secretary of State may determine.
3
The Comptroller and Auditor General must examine, certify and report on those annual accounts and must lay copies of those accounts and of his report before Parliament.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
10th March 2005


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Housing (Right to Buy) (Prescribed Forms) (Amendment) (England) (No. 3) Regulations 2005 and shall come into force on 9th November 2005.
2
These Regulations apply in relation to dwelling-houses in England only.
Amendment of Regulations
2
The Housing (Right to Buy) (Prescribed Forms) Regulations 1986 are amended by the substitution, for the form set out in Schedule 1, of the form set out in the Schedule to these Regulations.
Signed by authority of the First Secretary of State
Yvette Cooper
Minister of State Office of the Deputy Prime Minister
12th October 2005


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the General Medical Services and Personal Medical Services Transitional and Consequential Provisions (Amendment) Order 2005 and shall come into force on 1st April 2005.
2
This Order applies in relation to England only.
3
In this Order, “the Transitional Order ” means the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 .
Amendment of article 105 of the Transitional Order
2
In article 105 of the Transitional Order (details to be included on prescription forms etc. ), in paragraph (1), for “31st March 2005” substitute “31st March 2006”.
Amendment of article 110 of the Transitional Order
3
In article 110 of the Transitional Order (meaning of suitable experience), for “Until the coming into force of article 5 of the 2003 Order,” substitute “Until either the establishment of the General Practitioner Register pursuant to article 10(1) of the 2003 Order or the coming into force of paragraphs 21 and 22 of Schedule 8 to that Order, whichever occurs first,”.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
7th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Payment of Duty by Credit Card) (Prescribed Fee) Regulations 2005 and shall come into force on 14th October 2005.
Prescribed fee
2
The fee prescribed for the purposes of section 19C(2) of the Vehicle Excise and Registration Act 1994 is £2.50 in respect of the acceptance of a credit card payment of the duty payable on each vehicle licence or trade licence for which application is made.
Meaning of “credit card”
3
For the purposes of section 19C “credit card” means —
a
a card which is a credit-token within the meaning of section 14(1)(b) of the Consumer Credit Act 1974 ; or
b
a card which would be a credit-token within the meaning of that section were it to be given to an individual.
Signed by the authority of the Secretary of State
S J Ladyman
Minister of State
Department for Transport
20th August 2005
We approve the making of these Regulations
Joan Ryan
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Assisted Places) (Amendment) (England) Regulations 2005 and come into force on 1st September 2005.
2
These Regulations apply in relation to a school year beginning on or after that date.
3
These Regulations apply only in relation to England.
Amendment of the Education (Assisted Places) Regulations 1997
2
1
The Education (Assisted Places) Regulations 1997 are amended as follows.
2
In regulation 10(4) and (6), substitute “£1,575” for “£1,540” in each place where it appears.
3
In paragraph 1 of Schedule 2, substitute “£12,182” for “£11,935”.
4
For the table following paragraph 2(1) of that Schedule substitute the following table —
Table
(1) Part of relevant income to which specified percentage applies
(2) Only assisted pupil
(%)
(3) Each of two assisted pupils
(%)
Each of three assisted pupils
(%)
That part (if any) which exceeds £12,016 but does not exceed £13,066. 9 6.75 5.25 That part (if any) which exceeds £13,066 but does not exceed £14,133. 12 9 7 That part (if any) which exceeds £14,133 but does not exceed £16,247. 15 11.25 8.75 That part (if any) which exceeds £16,247 but does not exceed £19,509. 21 15.75 12.25 That part (if any) which exceeds £19,509 but does not exceed £23,761. 24 18 14 That part (if any) which exceeds £23,761. 33 24.75 19.25
Jacqui Smith
Minister of State,
Department for Education and Skills
20th July 2005


text:
Citation, commencement and effect
1
1
This Order may be cited as the Exemption From Income Tax For Certain Interest and Royalty Payments (Amendment to Section 97(1) of the Finance Act 2004 and Section 757(2) of the Income Tax (Trading and Other Income) Act 2005) Order 2005 and comes into force on 8th November 2005.
2
Article 2 has effect in relation to payments made on or after 1st May 2004.
Amendment to section 97(1) of the Finance Act 2004
2
In section 97(1) of the Finance Act 2004 after “member States” insert “, as amended by Council Directives 2004/66/ EC and 2004/76/EC ”.
Amendment to section 757(2) of the Income Tax (Trading and Other Income) Act 2005
3
In section 757(2) of the Income Tax (Trading and Other Income) Act 2005 after “member States” insert “, as amended by Council Directives 2004/66/EC and 2004/76/EC ”.
Dave Watts
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
17th October 2005


text:
1
This Order may be cited as the A2 Trunk Road (Pepperhill to Cobham and Slip Roads) Order 2005 and shall come into force on 27th October 2005.
2
In this Order —
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the new main road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
ii
“the new trunk roads” means the main new road and the slip roads;
iii
“the plan” means the plan numbered HA 10/MP/026 marked “The A2 Trunk Road (Pepperhill to Cobham and Slip Roads) Order 2005”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
iv
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the main new road with other highways or proposed highways at the places stated in that Schedule.
3
The main new road and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the trunk roads is indicated by a heavy black line on the plan.
Signed by authority of the Secretary of State for Transport
Peter Wallwork
A Divisional Director in the Highways Agency
10th October 2005


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Land Tax (Administration) (Amendment) Regulations 2005 and shall come into force on 18th April 2005.
Amendment of the Stamp Duty Land Tax (Administration) Regulations 2003
2
1
The Stamp Duty Land Tax (Administration) Regulations 2003 are amended as follows.
2
In regulation 34 (approval of decision to apply for an order under Part 6 of Schedule 13 to the Finance Act 2003) —
a
for “the Board” substitute “Revenue and Customs”;
b
in paragraph (a) for “the Cross-Cutting Policy branch of the Inland Revenue” substitute “the Cross-Cutting Policy branch of Her Majesty’s Revenue and Customs”;
c
in paragraph (b) for “the Special Compliance Office of the Inland Revenue” substitute “the Special Compliance Office of Her Majesty’s Revenue and Customs”.
3
In regulation 37 (complying with an order under Part 6 of Schedule 13 to the Finance Act 2003) for “the Board”, in each place where those words occur, substitute “Revenue and Customs”.
4
In regulation 38 (resolution of disputes as to legal privilege) for “the Board”, in each place where those words occur, substitute “the Commissioners for Her Majesty’s Revenue and Customs”.
Ann Chant
Helen Ghosh
Two of the Commissioners of Inland Revenue
8th April 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Blood Safety and Quality (Amendment) Regulations 2005 and shall come into force on 8 th April 2005.
2
In these Regulations, “the principal Regulations ” means the Blood Safety and Quality Regulations 2005 .
Amendment to regulation 4 of the principal Regulations
2
In regulation 4 of the principal Regulations (authorisation of a blood establishment), in paragraph (4) —
a
for “paragraph (4)” substitute “paragraph (3)”; and
b
in sub-paragraph (a)(iii), for “or which” substitute “of which”.
Amendment to regulation 5 of the principal Regulations
3
In regulation 5 of the principal Regulations (suspension or revocation of authorisation), in paragraph (4), in sub-paragraph (b), for “regulation 4(4)” substitute “regulation 4(3)”.
Amendment to regulation 12 of the principal Regulations
4
In regulation 12 of the principal Regulations (objections to suspensions, revocations etc. ) —
a
in paragraph (1), for “or be or” substitute “or to”;
b
in paragraph (9), insert, at the beginning of the paragraph, “Subject to paragraph (11),”; and
c
in paragraph (11), for “Paragraph (10)” substitute “Paragraphs (9) and (10)”.
Amendment to regulation 16 of the principal Regulations
5
In regulation 16 of the principal Regulations (records to be kept by the Secretary of State), in paragraph (1), in sub-paragraph (e), for “8th February1005” substitute “8th February 2005”.
Amendment to regulation 17 of the principal Regulations
6
In regulation 17 of the principal Regulations (powers of entry, etc.), in paragraph (1), in sub-paragraph (e), omit “subject to paragraph (6),”.
Amendment to regulation 18 of the principal Regulations
7
In regulation 18 of the principal Regulations (criminal offences), in paragraph (7), for “paragraph (5)” substitute “paragraph (8)”.
Amendment of regulation 19 of the principal Regulations
8
In regulation 19 of the principal Regulations (penalties), for “6 months”, in each place those words appear, substitute “3 months”.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
4th April 2005


text:
Citation and commencement
1
This Order may be cited as the Retirement Benefits Schemes (Increase in Permitted Maximum in Transitional Cases) Order 2005 and shall come into force on 6th April 2005.
Increase in permitted maximum
2
In section 590(3) of the Income and Corporation Taxes Act 1988 as originally enacted for “£100,000” substitute “£105,600”.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 2005


text:
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No.7) Order 2005.
2
1
The provisions of the Criminal Justice Act 2003 listed in paragraph (2) shall come into force on 7 th March 2005.
2
The provisions referred to in paragraph (1) are —
a
section 97 (application of Criminal Appeal Acts to proceedings under Part 10);
b
section 158(1)(b) (meaning of “pre-sentence report”);
c
section 159(4) (disclosure of pre-sentence reports);
d
section 178 (power to provide for court review of community orders);
e
section 197(3) and (4) (meaning of “the responsible officer”), in so far as it is not already in force;
f
section 202(3)(b) (programme requirement), in so far as it is not already in force;
g
section 215(3) (electronic monitoring requirement), in so far as it is not already in force;
h
section 217(3) (requirement to avoid conflict with religious beliefs etc ), in so far as it is not already in force;
i
section 222 (rules), in so far as it is not already in force;
j
section 223 (power to amend limits), in so far as it is not already in force;
k
section 239(5) and (6) (the Parole Board), in so far as it is not already in force;
l
section 240(4)(a) (crediting periods of remand in custody);
m
section 246(5) (power to release prisoners on licence before required to do so), in so far as it is not already in force;
n
section 250(1), (2)(b)(ii), (4)(b)(ii) and (8) (licence conditions), in so far as it is not already in force;
o
section 253(5) (curfew condition to be included in licence under section 246), in so far as it is not already in force;
p
section 257(1) (additional days for disciplinary offences), in so far as it is not already in force;
q
section 260(6) (early removal of prisoners liable to removal from United Kingdom);
r
section 267 (alteration by order of relevant proportion of sentence);
s
section 300(6) for the purposes of the provision mentioned in sub-paragraph (t);
t
in Schedule 31 (default orders), paragraph 5 (power to alter money or number of hours or days);
u
section 301(5) (fine defaulters:driving disqualification).
Scotland of Asthal
Minister of State
Home Office
21st February 2005


text:
Citation and commencement
1
This Order may be cited as the Protection of Wrecks (Designation) (England) Order 2005 and shall come into force on 20 th July 2005.
Identification of site and designation of restricted area
2
1
The site in respect of which this Order is made is hereby identified as the site where a vessel lies, or is supposed to lie, wrecked on or in the sea bed at Latitude 50°42.244 North, Longitude 02°46.708 West (WGS 84).
2
The area within a distance of 50 metres of Latitude 50°42.244 North, Longitude 02°46.708 West, but excluding any part of that area which lies above the high water mark of ordinary spring tides, shall be the restricted area for the purposes of the Protection of Wrecks Act 1973.
David Lammy
Minister for Culture
Department for Culture, Media and Sport
17th July 2005


text:
Citation, commencement and interpretation
1
1
This order may be cited as the Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2005.
2
This article and articles 2, 3, 5 and 6 shall come into force on 13th March 2005.
3
Articles 4 and 7 shall come into force in relation to the area of a local authority specified in the Schedule to this Order on the date specified in that Schedule in relation to that local authority.
4
In this Order —
a
“local authority” has the same meaning as in the Social Security Administration Act 1992 ; and
b
“the 2003 Order ” means the Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003 .
Amendment of the Rent Officers (Housing Benefit Functions) Order 1997: pathfinder authorities
2
1
Paragraph (9) of article 2 of the 2003 Order is revoked.
2
For the list of local authorities and dates specified in the table in Part II of Schedule 3A to the Rent Officers (Housing Benefit Functions) Order 1997 , substitute the following list —
Blackpool 17th November 2003 Brighton and Hove 2nd February 2004 Conwy 9th February 2004 Coventry 12th January 2004 East Riding of Yorkshire 18th April 2005 Guildford 4th July 2005 Leeds 9th February 2004 Lewisham 1st December 2003 North East Lincolnshire 9th February 2004 Norwich 13th June 2005 Pembrokeshire 20th June 2005 St Helens 23rd May 2005 Salford 25th July 2005 South Norfolk 6th June 2005 Teignbridge 12th January 2004 Wandsworth 11th April 2005.
Amendment of the Rent Officers (Housing Benefit Functions) Order 1997
3
In sub-paragraph (3) of paragraph 5 of Schedule 1 to the Rent Officers (Housing Benefit Functions) Order 1997 (determinations - single room rents) —
a
for the words “(3) to (5)” substitute “(3) and (5)”; and
b
for the words “this sub-paragraph” substitute “this paragraph”.
The Rent Officers (Housing Benefit Functions) Order 1997: additional pathfinder authorities
4
The Rent Officers (Housing Benefit Functions) Order 1997 shall apply in relation to the area of a local authority in England and Wales specified in the Schedule to this Order as it applies in relation to the area of a local authority in England and Wales specified in Schedule 1 to the 2003 Order.
Amendment of the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997: pathfinder authorities
5
1
Paragraphs (4) and (9) of article 3 of the 2003 Order are revoked.
2
The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 shall have effect subject to the following amendments —
a
in sub-paragraph (a) of paragraph (2) of article 3 (determinations) after the words “in the registration area” insert “except in relation to the area of a local authority which is a pathfinder authority”.
b
for the list of local authorities and dates specified in the table in Part II of Schedule 3A, substitute the following list —
Argyll and Bute 30th May 2005 Edinburgh 9th February 2004.
Amendment of the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997
6
In sub-paragraph (3) of paragraph 5 of Schedule 1 to the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 (determinations - single room rents) —
a
for the words “(3) to (5)” substitute “(3) and (5)”; and
b
for the words “this sub-paragraph” substitute “this paragraph”.
The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997: additional pathfinder authorities
7
The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 shall apply in relation to the area of a local authority in Scotland specified in the Schedule to this Order as it applies in relation to the area of a local authority in Scotland specified in Schedule 1 to the 2003 Order.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
7 February 2005


text:
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (Supplementary Provisions) Order 2005.
2
For the avoidance of doubt, in paragraph 23(1) of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (“transitional arrangements for recall after release”), the reference to a prisoner who falls to be released under the provisions of Part 2 of the Criminal Justice Act 1991 is to be read as including a prisoner who was released before 4th April 2005 and the words “after 4th April 2005” are to be read only as indicating the date from which sub-paragraphs (a) and (b) of that paragraph take effect.
Fiona Mactaggart
Parliamentary Under-Secretary of State
Home Office
29th July 2005


text:
Citation, commencement, duration and interpretation
1
1
This Order may be cited as the Southern Water Services Limited (Weir Wood Reservoir) (Drought) Order 2005.
2
This Order shall come into force on 27th July 2005.
3
This Order shall cease to have effect on 26th January 2006.
4
In this Order —
“the Applicant” means Southern Water Services Limited;
“the Environmental Action Plan” means the document prepared by the Applicant entitled “Environmental Action Plan” dated 26th July 2005, a certified copy of which is available for inspection at the registered offices of the Applicant at Southern House, Yeoman Road, Worthing, West Sussex BN13 3NX and another at the offices of the Environment Agency at Guildbourne House, Chatsworth Road, Worthing, Sussex BN11 1LD;
“the Licence” means the licence numbered 9/40/3/387/ SR dated 5th January 1967 which authorises the Applicant to abstract water from the reservoir, subject to the terms and conditions set out in the Schedule to the licence, a copy of which is available for inspection at the registered offices of the Applicant at Southern House, Yeoman Road, Worthing, West Sussex BN13 3NX; and
“the reservoir” means the Weir Wood reservoir in the County of East Sussex.
Alteration of compensation water provisions
2
1
This article has effect for the purposes of the condition set out in paragraph 6 of the Schedule to the Licence (and the reasons for that condition which are referred to in note 2 to the Licence), as it applies to the Applicant as successor in title to the North West Sussex Water Board .
2
Subject to paragraph (3), the provisions of paragraph 28 of the 1949 Order , as applied in relation to the Applicant by article 7 of the North West Sussex (Weir Wood) Order 1960 , shall have effect with the modification that, in sub-paragraph (a), for the words “one million two hundred thousand gallons during the six months from May to October and eight hundred thousand gallons during the six months from November to April” there shall be substituted “3.6 megalitres”.
3
The modification made by paragraph (2) shall be subject to the conditions that —
a
the Applicant shall implement the Environmental Action Plan in accordance with its terms, unless the Environment Agency otherwise agrees in writing; and
b
before entering upon or occupying and using any land for the purposes of complying with the Environmental Action Plan, the Applicant shall have obtained such rights as may be requisite for the purposes of such entry or occupation and use.
Signed by the authority of the Secretary of State,
Richard Bird
A Director
Department for Environment, Food and Rural Affairs
26th July 2005


text:
Citation and commencement
1
This Order may be cited as the Thurrock Development Corporation (Planning Functions) Order 2005 and shall come into force on 12th October 2005.
Interpretation
2
In this Order —
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“the Use Classes Order ” means the Town and Country Planning (Use Classes) Order 1987 ;
“the development area” means the area designated as an urban development area by the Thurrock Development Corporation (Area and Constitution) Order 2003 ; and
“ the development corporation ” means the Thurrock Development Corporation .
Planning functions of the development corporation
3
1
Subject to articles 5 and 6, the development corporation shall be the local planning authority for the development area for the purposes of Part 3 of the 1990 Act in relation to the following kinds of development —
a
development which comprises or includes the provision of 50 or more houses, flats or houses and flats;
b
development which comprises or includes the provision of 2500 or more square metres of floorspace for a use falling within any or all of the following Classes of the Use Classes Order —
i
class A1 (retail);
ii
class A2 (financial and professional);
iii
class A3 (restaurants and cafes);
iv
class A4 (drinking establishments);
v
class A5 (hot food takeaways)
vi
class B1 (business);
vii
class B2 (general industrial);
viii
class B8 (storage and distribution);
c
development which comprises or includes the provision of 1000 or more square metres of floorspace for a use falling within any or all of the following Classes of the Use Classes Order —
i
class C2 (residential institutions);
ii
class D1 (non-residential institutions); and
iii
class D2 (assembly and leisure);
d
development which occupies 1 hectare or more of land;
e
development which comprises or includes the provision of buildings which are 15 metres or more in height;
f
development which comprises or includes the winning and working of minerals in, on or under land of 2 hectares or more, whether by surface or underground working;
g
any recycling development to provide an installation with capacity for a throughput of more than 5,000 tonnes a year of refuse or waste materials produced outside the land in respect of which planning permission is sought;
h
any waste development to provide an installation with capacity for a throughput of more than 20,000 tonnes a year of refuse of waste materials produced outside the land in respect of which planning permission is sought;
i
development for a use, other than residential use, which includes the provision of 50 or more car parking spaces;
j
any development on land adjoining the River Thames which is —
i
below the level of the River Thames mean high water springs; or
ii
within 250 metres or less of the River Thames mean high water springs; and
iii
which would involve the construction of a building with 100 or more square metres of floorspace or a material change in the use of such a building;
k
development —
i
on land allocated as Green Belt in the development plan, in proposals for such a plan, or in proposals for the alteration of such a plan; and
ii
which would involve the construction of a building with 500 or more square metres of floorspace or a material change in the use of such a building;
l
development to provide or extend —
i
an aircraft runway, airfield or aerodrome;
ii
a heliport (including a floating heliport and a helipad on a building);
iii
an air passenger terminal at an airport;
iv
a railway station;
v
a bus or coach station;
vi
a crossing over or under the River Thames; or
vii
a pier on the River Thames;
m
development wholly or mainly for the provision of a highway (other than a bridleway, cycle way or footpath);
n
development which is likely to result in the loss of 20 or more houses, flats or houses and flats (irrespective of whether the development would also entail the provision of new houses or flats);
o
development on land with an area of 1 hectare or more which —
i
is likely to prejudice the use, or lead to the loss of use, of land being used as a playing field; or
ii
is on land which has been —
aa
used as a playing field at any time in the five years before the making of the relevant application for planning permission and which remains undeveloped; or
bb
allocated for use as a playing field in a development plan or in proposals for such a plan or its alteration or replacement;
p
development which is not of a kind specified in any of the preceding sub-paragraphs but which forms part of more substantial proposed development of such a kind on the same land or adjoining land in the development area.
2
In deciding whether development forms part of more substantial development, there shall be taken into account other development of the same land or adjoining land in the development area —
a
in respect of which an application for planning permission has been made but not finally determined on the date the relevant application is received;
b
in respect of which planning permission has been granted within the period of five years immediately preceding that date; or
c
which has been substantially completed within the period of five years immediately preceding that date.
3
For the purposes of this article —
a
development occupies that area in respect of which the application for planning permission for the development seeks planning permission;
b
“floorspace” shall be calculated by external measurement;
c
“highway”, “bridleway”, “cycle path” and “footpath” have the same meaning as in section 329 of the Highways Act 1980 ;
d
“playing field” has the same meaning as in article 10(2)(l) of the Town and Country Planning (General Development Procedure) Order 1995 ;
e
“recycling development” means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, recycling of refuse or waste materials;
f
references to recycling waste include re-using it (whether or not the waste is subjected to any process); and
g
“waste development” means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, treating, keeping, processing, recovering or disposing of refuse or waste materials.
Additional functions conferred on the development corporation
4
The development corporation shall have in the whole of the development area the functions conferred by such of the provisions of the Listed Buildings Act specified in Part 1 of Schedule 29 to the 1980 Act which are specified in the Schedule to this Order.
Modifications of the provisions of the 1990 Act and the Listed Buildings Act
5
All the provisions of the 1990 Act and the Listed Buildings Act specified in Part 2 of Schedule 29 to the 1980 Act shall have effect in relation to the development corporation and to the development area with the modifications specified in that Part.
Transitional provision: applications to local planning authorities
6
1
Paragraphs (2) and (3) of this article apply as respects any application for planning permission or for a consent, approval or determination under the 1990 Act, or the Listed Buildings Act, or under any order or regulation made or having effect under those Acts which —
a
is for development of a kind specified in article 3(1);
b
was duly made before this Order came into force to an authority which ceases by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority responsible for determining the application (“the previous authority”); and
c
has not been determined when this Order comes into force.
2
The previous authority must transmit any application referred to in paragraph (1) to the development corporation for determination.
3
Where the previous authority transmits an application to the development corporation for determination, the application shall be treated as received by the development corporation from the applicant on the day on which it is transmitted to the corporation.
4
If, after this Order comes into force —
a
an application is made to an authority which ceased by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority in relation to the kinds of development specified in article 3(1); and
b
that authority consider that the application is for development of a kind specified in article 3(1),
that authority must transmit the application to the development corporation for determination.
5
Where an appeal is made to the Secretary of State under section 78 of the 1990 Act or section 20 of the Listed Buildings Act against a decision or determination made in relation to land within the development area by an authority which ceased by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority responsible for making such decisions or determinations, that authority shall —
a
continue to be the local planning authority for the purposes of the appeal; and
b
shall notify the development corporation of the appeal and transmit to the Secretary of State any representation received from the development corporation.
Transitional provision: compensation
7
1
Where a right to compensation arises under section 107 , 108, or 115 of the 1990 Act or section 28 or 29 of the Listed Buildings Act in consequence of action taken in relation to land within the development area by an authority which ceases by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority in relation to that matter, the liability to pay compensation shall lie with that authority.
2
Where —
a
the Secretary of State makes a determination —
i
of an appeal against action taken by such authority as is mentioned in paragraph (1); or
ii
on a reference made to him by such authority; and
b
that determination gives rise to a right to compensation,
that authority shall be liable to pay the compensation.
3
Where the Secretary of State —
a
makes an order under section 100 or 104, or paragraph 11 of Schedule 9 to, the 1990 Act in respect of a matter arising before this Order comes into force which relates to land in the development area; or
b
serves a notice under section 185 of that Act in respect such a matter,
the authority which was the local planning authority in relation to that land when the matter arose shall remain liable to pay any compensation arising from the order or notice.
Signed by authority of the First Secretary of State
Yvette Cooper
Minister of State
Office of the Deputy Prime Minister
15th September 2005


text:
1
1
This Order may be cited as the Extradition Act 2003 (Amendment to Designations) Order 2005 and, subject to paragraphs (2) and (3), shall come into force on the expiry of one week beginning with the day on which it was made.
2
The coming into force of articles 2 and 3 shall not apply to a request in respect of which —
a
the Secretary of State has issued a certificate under section 70 of the Extradition Act 2003, or
b
a person has been arrested under a provisional warrant issued under section 73(3) of the Extradition Act 2003,
before the coming into force of this Order.
3
The coming into force of article 4 shall not apply to a request in respect of which a person has been arrested under a provisional warrant issued under section 73(3) of the Extradition Act 2003 before the coming into force of this Order.
2
1
Articles 2(2) and 3(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 are amended by omitting the territories listed in paragraph (3).
2
Article 2(2) of the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003 is amended by inserting (in the appropriate place) the territories listed in paragraph (3).
3
Those territories are —
Czech Republic;
Estonia;
Germany;
Greece;
Slovakia.
3
Article 3 of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 is amended by inserting after paragraph (2) —
3
The Hong Kong Special Administrative Region is hereby designated for the purposes of section 71(4) and 73(5) of the Act.
4
Article 4(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 is amended as follows —
a
before “Bolivia (65 days)”, insert “Argentina (65 days)”;
b
after “Bosnia and Herzegovina (65) days”, insert “Brazil (65 days)”;
c
after “Chile” substitute the words “(65 days)” for “(95 days)”;
d
after “Chile (65 days)”, insert “Colombia (65 days)”;
e
after “Cuba (65 days)”, insert “El Salvador (65 days)” and “Guatemala (95 days)”;
f
after “Haiti (65 days)” insert “Hong Kong Special Administrative Region (65 days)”;
g
after “Liberia (95 days)”, insert “Mexico (65 days)”;
h
after “Panama”, substitute “(95 days)” for “(65 days)”;
i
after “Paraguay”, substitute “(95 days)” for “(65 days)”.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
22nd February 2005


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration (Leave to Remain) (Prescribed Forms and Procedures) (No. 2) Regulations 2005 and shall come into force on 15th September 2005.
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 or unmarried 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) below, the form set out in Schedule 1 is hereby prescribed for an application for limited or indefinite leave to remain in the United Kingdom:
a
as a business person,
b
as a sole representative,
c
as a retired person of independent means,
d
as an investor, or
e
as 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 hereby 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 hereby prescribed for an application for limited leave to remain in the United Kingdom:
a
as the spouse of a person present and settled in the United Kingdom, or
b
as the unmarried 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 hereby 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 hereby 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 hereby 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 hereby prescribed for an application for limited leave to remain in the United Kingdom:
a
as a visitor,
b
as a visitor seeking to undergo or continue private medical treatment,
c
as a postgraduate doctor or dentist or a trainee general practitioner,
d
as an au pair,
e
as a teacher or language assistant under an approved exchange scheme,
f
as a representative of an overseas newspaper, news agency or broadcasting organisation,
g
as a private servant in a diplomatic household,
h
as a domestic worker in a private household,
i
as an overseas government employee,
j
as a minister of religion, missionary or member of a religious order,
k
as a member of the operational ground staff of an overseas-owned airline,
l
as a person with United Kingdom ancestry,
m
as a writer, composer or artist,
n
as a member of the crew of a ship, aircraft, hovercraft, hydrofoil or international train service, or
o
as the spouse 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) below, the form set out in Schedule 7 is hereby 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 above.
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 hereby prescribed for an application for indefinite leave to remain in the United Kingdom:
a
as the spouse of a person present and settled in the United Kingdom, or
b
as the unmarried 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 hereby prescribed for an application for indefinite leave to remain in the United Kingdom:
a
as the child under the age of eighteen of a parent, parents or relative present and settled in the United Kingdom,
b
as the adopted child under the age of eighteen of a parent or parents present and settled in the United Kingdom, or
c
as 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 hereby prescribed for an application for indefinite 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) below, 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 above.
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 above:
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 above, 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
in relation to an application for which a form is prescribed in regulation 4 above, 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),
save that an application for which a form is prescribed in regulation 4(b) above (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; and
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.
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
16
The Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2005 are hereby revoked.
Tony McNulty
Minister of State
Home Office
22nd August 2005


text:
Citation and commencement
1
These Regulations may be cited as the Work at Height Regulations 2005 and shall come into force on 6th April 2005.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“access” and “egress” include ascent and descent;
“construction work” has the meaning assigned to it by regulation 2(1) of the Construction (Health, Safety and Welfare) Regulations 1996 ;
“fragile surface” means a surface which would be liable to fail if any reasonably foreseeable loading were to be applied to it;
“ladder” includes a fixed ladder and a stepladder;
“line” includes rope, chain or webbing;
“the Management Regulations ” means the Management of Health and Safety at Work Regulations 1999 ;
“personal fall protection system” means —
a fall prevention, work restraint, work positioning, fall arrest or rescue system, other than a system in which the only safeguards are collective safeguards; or
rope access and positioning techniques;
“suitable” means suitable in any respect which it is reasonably foreseeable will affect the safety of any person;
“work at height” means —
work in any place, including a place at or below ground level;
obtaining access to or egress from such place while at work, except by a staircase in a permanent workplace,
where, if measures required by these Regulations were not taken, a person could fall a distance liable to cause personal injury;
“work equipment” means any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not) and includes anything to which regulation 8 and Schedules 2 to 6 apply;
“working platform” —
means any platform used as a place of work or as a means of access to or egress from a place of work;
includes any scaffold, suspended scaffold, cradle, mobile platform, trestle, gangway, gantry and stairway which is so used.
2
Any reference in these Regulations to the keeping of a report or copy of a report or plan shall include reference to its being kept in a form —
a
in which it is capable of being reproduced as a printed copy when required;
b
which is secure from loss or unauthorised interference.
Application
3
1
These Regulations shall apply —
a
in Great Britain; and
b
outside Great Britain as sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 .
2
The requirements imposed by these Regulations on an employer shall apply in relation to work —
a
by an employee of his; or
b
by any other person under his control, to the extent of his control.
3
The requirements imposed by these Regulations on an employer shall also apply to —
a
a self-employed person, in relation to work —
i
by him; or
ii
by a person under his control, to the extent of his control; and
b
to any person other than a self-employed person, in relation to work by a person under his control, to the extent of his control.
4
Regulations 4 to 16 of these Regulations shall not apply to or in relation to —
a
the master and crew of a ship, or to the employer of such persons, in respect of the normal ship-board activities of a ship’s crew which —
i
are carried out solely by the crew under the direction of the master; and
ii
are not liable to expose persons at work other than the master and crew to a risk to their safety;
b
a place specified in regulation 7(6) of the Docks Regulations 1988 where persons are engaged in dock operations;
c
a place specified in regulation 5(3) of the Loading and Unloading of Fishing Vessels Regulations 1988 where persons are engaged in fish loading processes; or
d
the provision of instruction or leadership to one or more persons in connection with their engagement in caving or climbing by way of sport, recreation, team building or similar activities.
5
Regulation 11 of these Regulations shall not apply to an installation while regulation 12 of the Offshore Installations and Wells (Design and Construction, etc ) Regulations 1996 apply to it.
6
In this regulation —
a
“caving” includes the exploration of parts of mines which are no longer worked;
b
“climbing” includes traversing, abseiling or scrambling over natural terrain or man-made structures;
c
“ship” includes every description of vessel used in navigation, other than a ship which forms part of Her Majesty’s Navy.
Organisation and planning
4
1
Every employer shall ensure that work at height is —
a
properly planned;
b
appropriately supervised; and
c
carried out in a manner which is so far as is reasonably practicable safe,
and that its planning includes the selection of work equipment in accordance with regulation 7.
2
Reference in paragraph (1) to planning of work includes planning for emergencies and rescue.
3
Every employer shall ensure that work at height is carried out only when the weather conditions do not jeopardise the health or safety of persons involved in the work.
4
Paragraph (3) shall not apply where members of the police, fire, ambulance or other emergency services are acting in an emergency.
Competence
5
Every employer shall ensure that no person engages in any activity, including organisation, planning and supervision, in relation to work at height or work equipment for use in such work unless he is competent to do so or, if being trained, is being supervised by a competent person.
Avoidance of risks from work at height
6
1
In identifying the measures required by this regulation, every employer shall take account of a risk assessment under regulation 3 of the Management Regulations.
2
Every employer shall ensure that work is not carried out at height where it is reasonably practicable to carry out the work safely otherwise than at height.
3
Where work is carried out at height, every employer shall take suitable and sufficient measures to prevent, so far as is reasonably practicable, any person falling a distance liable to cause personal injury.
4
The measures required by paragraph (3) shall include —
a
his ensuring that the work is carried out —
i
from an existing place of work; or
ii
(in the case of obtaining access or egress) using an existing means,
which complies with Schedule 1, where it is reasonably practicable to carry it out safely and under appropriate ergonomic conditions; and
b
where it is not reasonably practicable for the work to be carried out in accordance with sub-paragraph (a), his providing sufficient work equipment for preventing, so far as is reasonably practicable, a fall occurring.
5
Where the measures taken under paragraph (4) do not eliminate the risk of a fall occurring, every employer shall —
a
so far as is reasonably practicable, provide sufficient work equipment to minimise —
i
the distance and consequences; or
ii
where it is not reasonably practicable to minimise the distance, the consequences,
of a fall; and
b
without prejudice to the generality of paragraph (3), provide such additional training and instruction or take other additional suitable and sufficient measures to prevent, so far as is reasonably practicable, any person falling a distance liable to cause personal injury.
Selection of work equipment for work at height
7
1
Every employer, in selecting work equipment for use in work at height, shall —
a
give collective protection measures priority over personal protection measures; and
b
take account of —
i
the working conditions and the risks to the safety of persons at the place where the work equipment is to be used;
ii
in the case of work equipment for access and egress, the distance to be negotiated;
iii
the distance and consequences of a potential fall;
iv
the duration and frequency of use;
v
the need for easy and timely evacuation and rescue in an emergency;
vi
any additional risk posed by the use, installation or removal of that work equipment or by evacuation and rescue from it; and
vii
the other provisions of these Regulations.
2
An employer shall select work equipment for work at height which —
a
has characteristics including dimensions which —
i
are appropriate to the nature of the work to be performed and the foreseeable loadings; and
ii
allow passage without risk; and
b
is in other respects the most suitable work equipment, having regard in particular to the purposes specified in regulation 6.
Requirements for particular work equipment
8
Every employer shall ensure that, in the case of —
a
a guard-rail, toe-board, barrier or similar collective means of protection, Schedule 2 is complied with;
b
a working platform —
i
Part 1 of Schedule 3 is complied with; and
ii
where scaffolding is provided, Part 2 of Schedule 3 is also complied with;
c
a net, airbag or other collective safeguard for arresting falls which is not part of a personal fall protection system, Schedule 4 is complied with;
d
a personal fall protection system, Part 1 of Schedule 5 and —
i
in the case of a work positioning system, Part 2 of Schedule 5;
ii
in the case of rope access and positioning techniques, Part 3 of Schedule 5;
iii
in the case of a fall arrest system, Part 4 of Schedule 5;
iv
in the case of a work restraint system, Part 5 of Schedule 5,
are complied with; and
e
a ladder, Schedule 6 is complied with.
Fragile surfaces
9
1
Every employer shall ensure that no person at work passes across or near, or works on, from or near, a fragile surface where it is reasonably practicable to carry out work safely and under appropriate ergonomic conditions without his doing so.
2
Where it is not reasonably practicable to carry out work safely and under appropriate ergonomic conditions without passing across or near, or working on, from or near, a fragile surface, every employer shall —
a
ensure, so far as is reasonably practicable, that suitable and sufficient platforms, coverings, guard rails or similar means of support or protection are provided and used so that any foreseeable loading is supported by such supports or borne by such protection;
b
where a risk of a person at work falling remains despite the measures taken under the preceding provisions of this regulation, take suitable and sufficient measures to minimise the distances and consequences of his fall.
3
Where any person at work may pass across or near, or work on, from or near, a fragile surface, every employer shall ensure that —
a
prominent warning notices are so far as is reasonably practicable affixed at the approach to the place where the fragile surface is situated; or
b
where that is not reasonably practicable, such persons are made aware of it by other means.
4
Paragraph (3) shall not apply where members of the police, fire, ambulance or other emergency services are acting in an emergency.
Falling objects
10
1
Every employer shall, where necessary to prevent injury to any person, take suitable and sufficient steps to prevent, so far as is reasonably practicable, the fall of any material or object.
2
Where it is not reasonably practicable to comply with the requirements of paragraph (1), every employer shall take suitable and sufficient steps to prevent any person being struck by any falling material or object which is liable to cause personal injury.
3
Every employer shall ensure that no material or object is thrown or tipped from height in circumstances where it is liable to cause injury to any person.
4
Every employer shall ensure that materials and objects are stored in such a way as to prevent risk to any person arising from the collapse, overturning or unintended movement of such materials or objects.
Danger areas
11
Without prejudice to the preceding requirements of these Regulations, every employer shall ensure that —
a
where a workplace contains an area in which, owing to the nature of the work, there is a risk of any person at work —
i
falling a distance; or
ii
being struck by a falling object,
which is liable to cause personal injury, the workplace is so far as is reasonably practicable equipped with devices preventing unauthorised persons from entering such area; and
b
such area is clearly indicated.
Inspection of work equipment
12
1
This regulation applies only to work equipment to which regulation 8 and Schedules 2 to 6 apply.
2
Every employer shall ensure that, where the safety of work equipment depends on how it is installed or assembled, it is not used after installation or assembly in any position unless it has been inspected in that position.
3
Every employer shall ensure that work equipment exposed to conditions causing deterioration which is liable to result in dangerous situations is inspected —
a
at suitable intervals; and
b
each time that exceptional circumstances which are liable to jeopardise the safety of the work equipment have occurred,
to ensure that health and safety conditions are maintained and that any deterioration can be detected and remedied in good time.
4
Without prejudice to paragraph (2), every employer shall ensure that a working platform —
a
used for construction work; and
b
from which a person could fall 2 metres or more,
is not used in any position unless it has been inspected in that position or, in the case of a mobile working platform, inspected on the site, within the previous 7 days.
5
Every employer shall ensure that no work equipment, other than lifting equipment to which the requirement in regulation 9(4) of the Lifting Operations and Lifting Equipment Regulations 1998 (“ LOLER ”) applies —
a
leaves his undertaking; or
b
if obtained from the undertaking of another person, is used in his undertaking,
unless it is accompanied by physical evidence that the last inspection required to be carried out under this regulation has been carried out.
6
Every employer shall ensure that the result of an inspection under this regulation is recorded and, subject to paragraph (8), kept until the next inspection under this regulation is recorded.
7
A person carrying out an inspection of work equipment to which paragraph (4) applies shall —
a
before the end of the working period within which the inspection is completed, prepare a report containing the particulars set out in Schedule 7; and
b
within 24 hours of completing the inspection, provide the report or a copy thereof to the person on whose behalf the inspection was carried out.
8
An employer receiving a report or copy under paragraph (7) shall keep the report or a copy thereof —
a
at the site where the inspection was carried out until the construction work is completed; and
b
thereafter at an office of his for 3 months.
9
Where a thorough examination has been made of lifting equipment under regulation 9 of LOLER —
a
it shall for the purposes of this regulation, other than paragraphs (7) and (8), be treated as an inspection of the lifting equipment; and
b
the making under regulation 10 of LOLER of a report of such examination shall for the purposes of paragraph (6) of this regulation be treated as the recording of the inspection.
10
In this regulation“inspection”, subject to paragraph (9) —
a
means such visual or more rigorous inspection by a competent person as is appropriate for safety purposes;
b
includes any testing appropriate for those purposes,
and “inspected” shall be construed accordingly.
Inspection of places of work at height
13
Every employer shall so far as is reasonably practicable ensure that the surface and every parapet, permanent rail or other such fall protection measure of every place of work at height are checked on each occasion before the place is used.
Duties of persons at work
14
1
Every person shall, where working under the control of another person, report to that person any activity or defect relating to work at height which he knows is likely to endanger the safety of himself or another person.
2
Every person shall use any work equipment or safety device provided to him for work at height by his employer, or by a person under whose control he works, in accordance with —
a
any training in the use of the work equipment or device concerned which have been received by him; and
b
the instructions respecting that use which have been provided to him by that employer or person in compliance with the requirements and prohibitions imposed upon that employer or person by or under the relevant statutory provisions.
Exemption by the Health and Safety Executive
15
1
Subject to paragraph (2), the Health and Safety Executive (“the Executive”) may, by a certificate in writing, exempt —
a
any person or class of persons;
b
any premises or class of premises;
c
any work equipment; or
d
any work activity,
from the requirements imposed by paragraph 3(a) and (c) of Schedule 2, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Exemption for the armed forces
16
1
Subject to paragraph (2), the Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt any person or class of persons from any requirement or prohibition imposed by these Regulations in respect of activities carried out in the interests of national security, and any such exemption may be granted subject to conditions and may be revoked by the Secretary of State by a certificate in writing at any time.
2
The Secretary of State shall not grant any such exemption unless he is satisfied that the health and safety of the employees concerned are ensured as far as possible in the light of the objectives of these Regulations.
Amendment of the Provision and Use of Work Equipment Regulations 1998
17
There shall be added to regulation 6(5) of the Provision and Use of Work Equipment Regulations 1998 the following sub-paragraph —
f
work equipment to which regulation 12 of the Work at Height Regulations 2005 applies
.
Repeal of section 24 of the Factories Act 1961
18
Section 24 of the Factories Act 1961 is repealed.
Revocation of instruments
19
The instruments specified in column 1 of Schedule 8 are revoked to the extent specified in column 3 of that Schedule.
Signed by authority of the Secretary of State
Jane Kennedy
Minister of State,
Department for Work and Pensions
16th March 2005


text:
1
This Order may be cited as The A40 Trunk Road (M5 Motorway Junction 11 to the Gloucestershire/Oxfordshire County Boundary) (Detrunking) Order 2005 and shall come into force on 1st July 2005.
2
In this Order —
i
“principal road” as a classification for a highway means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the trunk road” means the A40 trunk road; and
iii
“the plan” means the plan folio consisting of the key plan and three site plans numbered HA10/PS/325 marked “The A40 Trunk Road (M5 Motorway Junction 11 to the Gloucestershire/Oxfordshire County Boundary) (Detrunking) Order 2005” signed by authority of the Secretary of State for Transport and deposited at the ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GQ;
3
From the date when this Order comes into force the length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road.
Signed by authority of the Secretary of State for Transport
Graham Bowskill
Divisional Director Traffic Operations Directorate Highways Agency
13th May 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use (Fees Amendments) Regulations 2005 and shall come into force —
a
except for the purposes of regulations 3(2) and 4, on 1st May 2005; and
b
for the purposes of regulations 3(2) and 4, on 1st July 2005.
2
In these Regulations “the General Fees Regulations ” means the Medicines (Products for Human Use — Fees) Regulations 1995 .
Amendment of regulation 13 of the General Fees Regulations
2
In regulation 13 of the General Fees Regulations (fees for inspections), at the end of paragraph (5) add “, if the time taken to make that inspection is not more than 2 hours”.
Amendment of Part II of Schedule 1 to the General Fees Regulations
3
1
Part II of Schedule 1 to the General Fees Regulations (capital fees for applications for authorizations, licences and certificates) is amended as follows.
2
In column 2 of the Table in paragraph 1(1) —
a
for “£25,690” substitute “£25,802”;
b
for “£56,106” substitute “£56,218”;
c
for “£80,586” substitute “£80,698”;
d
for “£15,577” substitute “£15,689”;
e
for “£22,254” substitute “£22,366”;
f
for “£5,708” substitute “£5,820”;
g
for “£8,160” substitute “£8,272”;
h
for “£2,225” substitute “£2,337”; and
i
for “£1,483” substitute “£1,493”.
3
In paragraph 7 (clinical trial authorisations), head (iii) of paragraph (2)(b) is omitted.
Amendment of Part IIIA of Schedule 1 to the General Fees Regulations
4
In paragraph 2(a) of Part IIIA of Schedule 1 to the General Fees Regulations (capital fees for assessment of labels and leaflets), for “£319” substitute “£430”.
Amendment of Schedule 5 to the General Fees Regulations
5
In Schedule 5 to the General Fees Regulations (waiver, reduction or refund of capital fees), after paragraph 2B , insert the following paragraph —
2C
1
Where an application for the grant of, or for a variation to, a marketing authorization, other than a major application, relates to a medicinal product which is intended to be used in accordance with an indication for use in the paediatric population, or a part of that population, and —
a
no product which contains the same active ingredient and is intended to be used in accordance with the same indication for use as the product in question has previously been granted a marketing authorization; or
b
a product which contains the same active ingredient and is intended to be used in accordance with the same indication for use as the product in question has previously been granted a marketing authorization, but is intended to be used for a different part of the paediatric population,
the fee payable under regulations 4 or 7(1)(a) in connection with that application may be waived.
2
Where an application for the grant of, or for a variation to, a marketing authorization, other than a major application, relates to a medicinal product which is —
a
intended to be used in accordance with an indication for use in the paediatric population, or a part of that population; and
b
would, as a result of the application, be available in a formulation which the licensing authority considers to be of significant benefit to that population in comparison to other medicinal products on the market in the United Kingdom,
and no product which contains the same active ingredient and is in the same formulation as proposed for the product in question has previously been granted a marketing authorization, the fee payable under regulations 4 or 7(1)(a) in connection with that application may be waived.
3
Where the licensing authority holds a meeting with a person for the purpose of providing scientific advice and that meeting was held with a view to that person making an application which falls within sub-paragraphs (1) or (2), the fee payable under regulation 3B may be waived.
4
In this paragraph —
“active ingredient” has the same meaning as in Schedule 1;
“major application” has the same meaning as in Schedule 1;
“paediatric population” means that part of the population of the United Kingdom aged less than 18 years; and
“scientific advice” has the meaning given by regulation 3A.
.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
4th April 2005
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D.C Gowdy
Permanent Secretary,
Department of Health, Social Services and Public Safety
4th April 2005
Sealed with the Official Seal of the Department of Agriculture and Rural Development
Pat Toal
Permanent Secretary,
Department of Agriculture and Rural Development
31st March 2005
We consent,
Jim Murphy and John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
6th April 2005


text:
1
This Order may be cited as the Constitutional Reform Act 2005 (Commencement No.1) Order 2005.
2
The following provisions of the Constitutional Reform Act 2005 shall come into force on 15th June 2005–
a
section 123 (disclosure to the Northern Ireland Judicial Appointments Commission) except in so far as it inserts subsection (6) into section 5A of the Justice (Northern Ireland) Act 2002 ; and
b
section 132 (confidentiality in relation to judicial appointments and discipline).
Signed by the authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Department for Constitutional Affairs
24th May 2005


text:
Citation and commencement
1
This Order may be cited as the Foreign Satellite Service Proscription Order 2005 and shall come into force on 21st February 2005.
Proscription of service known as “Extasi TV”
2
The foreign satellite service which at the date of the making of this Order is known as “Extasi TV” (or “Exstasi TV”) is hereby proscribed for the purposes of section 178 of the Broadcasting Act 1990.
Andrew McIntosh
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
7th February 2005