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PART 1 General
Citation, commencement and interpretation
1
1
These Rules may be cited as the Courts-Martial (Royal Navy, Army and Royal Air Force) (Evidence) Rules 2006 and shall come into force on 6th December 2006.
2
These Rules apply to any proceedings before a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.
3
In these Rules —
“ the Act ” means the Youth Justice and Criminal Evidence Act 1999;
“an intermediary” has the same meaning as in section 29 of the Act;
“child witness in need of special protection” shall be construed in accordance with section 21(1) of the Act;
“court administration officer” means a person appointed under section 84A of the Army Act 1955 or the Air Force Act 1955, or under s 53A of the Naval Discipline Act 1957;
“special measures direction” means a direction under section 19 of the Act.
PART 2 Special measures directions
Application for special measures direction
2
1
An application by a party in any proceedings for the judge advocate to give a special measures direction under section 19 of the Act must be made in writing in the form set out in Schedule 1 to these Rules or a form to the like effect.
2
If the application is for a special measures direction —
a
enabling a witness to give evidence by means of a live link, the information sought in Part B of that form must be provided;
b
enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the information sought in Part C of that form must be provided; or
c
providing for any examination of a witness to be conducted through an intermediary, the information sought in Part D of that form must be provided.
3
The application under paragraph (1) must be sent to the court administration officer and at the same time a copy thereof must be sent by the applicant to every other party to the proceedings.
4
The application must be received by the court administration officer within 28 days of —
a
the date appointed for trial; or
b
the lodging of a notice of appeal under paragraph 18(3) of Schedule 3 to the Armed Forces Act 1976 .
5
A party to whom an application is sent in accordance with paragraph (3) may oppose the application for a special measures direction in respect of any, or any particular, measure available in relation to the witness, whether or not the question whether the witness is eligible for assistance by virtue of section 16 or 17 of the Act is in issue.
6
A party who wishes to oppose the application must, within 14 days of the date the application was served on him, notify the applicant and the court administration officer in writing of his opposition and give reasons for it.
7
Paragraphs (5) and (6) do not apply in respect of an application for a special measures direction enabling a child witness in need of special protection to give evidence by means of a live link if the opposition is that the special measures direction is not likely to maximise the quality of the witness’s evidence.
8
In order to comply with paragraph (6) —
a
a party must in the written notification state whether he —
i
disputes that the witness is eligible for assistance by virtue of section 16 or 17 of the Act;
ii
disputes that any of the special measures available would be likely to improve the quality of evidence given by the witness or that such measures (or a combination of them) would be likely to maximise the quality of that evidence; and
iii
opposes the granting of a special measures direction; and
b
where the application relates to the admission of a video recording, a party who receives a recording must provide the information required by rule 8(7) .
9
Except where notice is received in accordance with paragraph (6) , the judge advocate may —
a
determine the application in favour of the applicant without a hearing; or
b
direct a hearing.
10
Where a party to the proceedings notifies the court administration officer in accordance with paragraph (6) of his opposition to the application, the judge advocate must direct a hearing of the application.
11
Where a hearing of the application is to take place in accordance with paragraph (9) or (10) , the court administration officer shall notify each party to the proceedings of the time and place of the hearing.
12
A party notified in accordance with paragraph (11) may be present at the hearing and be heard.
13
The court administration officer must, within 3 days of the decision of the judge advocate in relation to an application under paragraph (1) being made, notify all the parties of the decision, and if the application was made for a direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of that witness, the notification must state whether the whole or specified parts only of the video recording or recordings disclosed are to be admitted in evidence.
Application for an extension of time
3
1
An application may be made in writing for the period of 28 days specified in rule 2(4) to be extended.
2
The application may be made either before or after that period has expired.
3
The application must be accompanied by a statement setting out the reasons why the applicant is or was unable to make the application within that period and a copy of the application and the statement must be sent to every other party to the proceedings.
4
An application for an extension of time under this rule shall be determined by the judge advocate without a hearing unless the judge advocate otherwise directs.
5
The court administration officer shall notify all the parties of the judge advocate’s decision.
Late applications
4
1
Notwithstanding the requirements of rule 2 —
a
an application may be made for a special measures direction orally at the trial; or
b
the judge advocate may of his own motion raise the issue whether a special measures direction should be given.
2
Where an application is made in accordance with paragraph (1)(a) —
a
the applicant must state the reasons for the late application; and
b
the judge advocate must be satisfied that the applicant was unable to make the application in accordance with rule 2 .
3
The judge advocate shall determine before making a special measures direction —
a
whether to allow other parties to the proceedings to make representations on the question;
b
the time allowed for making such representations (if any); and
c
whether the question should be determined following a hearing at which the parties to the proceedings may be heard.
4
Paragraphs (2) and (3) do not apply in respect of an application made orally at the trial for a special measures direction —
a
enabling a child witness in need of special protection to give evidence by means of a live link; or
b
enabling a video recording of such a child to be admitted as evidence in chief of the witness,
if the opposition is that the special measures direction will not maximise the quality of the witness’s evidence.
Discharge or variation of a special measures direction
5
1
An application to the judge advocate to discharge or vary a special measures direction under section 20(2) of the Act must be in writing and each material change of circumstances which the applicant alleges has occurred since the direction was made must be set out.
2
An application under paragraph (1) must be sent to the court administration officer as soon as reasonably practicable after the change of circumstances occurs.
3
The applicant must also send copies of the application to each party to the proceedings at the same time as the application is sent to the court administration officer.
4
A party to whom an application is sent in accordance with paragraph (3) may oppose the application on the ground that it discloses no material change of circumstances.
5
Rule 2(6) to (13) shall apply to an application to discharge or vary a special measures direction as it applies to an application for a direction.
Renewal application following a material change of circumstances
6
1
Where an application for a special measures direction has been refused by the judge advocate, the application may only be renewed (“renewal application”) where there has been a material change of circumstances since the judge advocate refused the application.
2
The applicant must —
a
identify in the renewal application each material change of circumstances which is alleged to have occurred; and
b
send the renewal application to the court administration officer as soon as reasonably practicable after the change occurs.
3
The applicant must also send copies of the renewal application to each of the parties to the proceedings at the same time as the application is sent to the court administration officer.
4
A party to whom the renewal application is sent in accordance with paragraph (3) may oppose the application on the ground that it discloses no material change of circumstances.
5
Rule 2(6) to (13) and rules 7 and 8 apply to a renewal application as they apply to the application which was refused.
Application for special measures direction for witness to give evidence by means of a live television link
7
1
Where the application for a special measures direction is made, in accordance with rule 2(2)(a) , for a witness to give evidence by means of a live link, the following provisions of this rule shall also apply.
2
A party who seeks to oppose an application for a child witness to give evidence by means of a live link must, in order to comply with rule 2(5) , state why in his view the giving of a special measures direction would not be likely to maximise the quality of the witness’s evidence.
3
However, paragraph (2) does not apply in relation to a child witness in need of special protection.
4
Where a special measures direction is made enabling a witness to give evidence by means of a live link, the witness shall be accompanied at the live link only by persons acceptable to the judge advocate.
5
If the special measures directions combine provisions for a witness to give evidence by means of a live link with provision for examination of the witness to be conducted through an intermediary, the witness shall be accompanied at the live link only by —
a
the intermediary; and
b
such other persons as may be acceptable to the judge advocate.
Video recording of testimony from witnesses
8
1
Where an application is made for a special measures direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the following provisions of this rule shall also apply.
2
The application made in accordance with rule 2(1) must be accompanied by the video recording which it is proposed to tender in evidence and must include —
a
the name of the accused and the offence to be charged;
b
the name and date of birth of the witness in respect of whom the application is made;
c
the date on which the video recording was made;
d
a statement as to whether, and if so at what point in the video recording, an oath was administered to, or a solemn declaration made by, the witness;
e
a statement that, in the opinion of the applicant, either —
i
the witness is available for cross-examination; or
ii
the witness is not available for cross-examination and the parties have agreed that there is no need for the witness to be so available;
f
a statement of the circumstances in which the video recording was made which complies with paragraph (4) of this rule; and
g
the date on which the video recording was disclosed to the other party or parties.
3
Where it is proposed to tender part only of a video recording of an interview with the witness, the application must specify that part and be accompanied by a video recording of the entire interview, including those parts which it is not proposed to tender in evidence, and by a statement of the circumstances in which the video recording of the entire interview was made which complies with paragraph (4) of this rule.
4
The statement of the circumstances in which the video recording was made referred to in paragraphs (2)(f) and (3) of this rule shall include the following information, except in so far as it is contained in the recording itself —
a
the times at which the recording commenced and finished, including details of interruptions;
b
the location at which the recording was made and the usual function of the premises;
c
in relation to each person present at any point during, or immediately before, the recording —
i
their name, age and occupation,
ii
the time for which each person was present, and
iii
the relationship, if any, of each person to the witness and to the accused;
d
in relation to the equipment used for the recording —
i
a description of the equipment,
ii
the number of cameras used,
iii
whether the cameras were fixed or mobile,
iv
the number and location of the microphones,
v
the video format used; and
vi
whether it offered single or multiple recording facilities and, if so, which were used; and
e
the location of the mastertape if the video recording is a copy and details of when and by whom the copy was made.
5
If the special measures direction enables a video recording of an interview of a witness to be admitted as evidence in chief of the witness with provision for the examination of the witness to be conducted through an intermediary, the information to be provided under paragraph (4)(c) shall be the same as that for other persons present at the recording but with the addition of details of the declaration made by the intermediary under rule 10 .
6
If the special measures direction enables a video recording of an interview of a witness to be admitted as evidence in chief of the witness with provision for the witness, in accordance with section 30 of the Act, to be provided with a device as an aid to communication during the video recording of the interview the information to be included under paragraph (4)(d) shall include also details of any such device used for the purposes of the recording.
7
A party who receives a recording under paragraph (2) must within 14 days of its receipt, notify the applicant and the court administration officer, in writing —
a
whether he objects to the admission under section 27 of the Act of any part of the video recording or recordings disclosed, giving his reasons why it would not be in the interests of justice for the recording or any part of it to be admitted;
b
whether he would agree to the admission of part of the video recording or recordings and, if so, which part or parts; and
c
whether he wishes to be represented at any hearing of the application.
8
A party who seeks to oppose an application for a special measures direction enabling a video recording of an interview of a child witness to be admitted as evidence in chief of the witness must, in order to comply with rule 2(6), state why in his view the giving of a special measures direction would not be likely to maximise the quality of the witness’s evidence.
9
However, paragraph (8) does not apply if the witness is a child witness in need of special protection.
10
Notwithstanding the provisions of rule 2 and this rule, any video recording which the accused proposes to tender in evidence need not be sent to the prosecution until the close of the prosecution case at the trial.
11
The judge advocate may determine an application by the accused to tender in evidence a video recording even though the recording has not, in accordance with paragraph (10) , been served upon the prosecution.
12
Where a video recording which is the subject of a special measures direction is sent to the prosecution after the direction has been made, the prosecutor may apply to the judge advocate for the direction to be varied or discharged.
13
An application under paragraph (12) may be made orally to the judge advocate.
14
A prosecutor who makes an application under paragraph (12) must state —
a
why he objects to the admission under section 27 of the Act of any part of the video recording or recordings disclosed, giving his reasons why it would not be in the interests of justice for the recording or any part of it to be admitted; and
b
whether he would agree to the admission of part of the video recording or recordings and if so, which part or parts.
15
The judge advocate must, before determining the application —
a
direct a hearing of the application; and
b
allow all the parties to the proceedings to be present and be heard on the application.
16
The court administration officer must notify all parties to the proceedings of the decision of the judge advocate as soon as may be reasonable after the decision is given.
17
Any decision varying a special measures direction must state whether the whole or specified parts of the video recording or recordings subject to the application are to be admitted in evidence.
Expert evidence in connection with special measures directions
9
Any party to the proceedings who proposes to adduce expert evidence (whether of fact or opinion) in connection with an application or renewal application for, or for varying or discharging, a special measures direction must, not less than 14 days before the date set for the trial to begin —
a
furnish the other party or parties to those proceedings with a statement in writing of any finding or opinion which he proposes to adduce by way of such evidence; and
b
where a request is made to him in that behalf by any other party to those proceedings, provide that party also with a copy of (or if it appears to the party proposing to adduce the evidence to be more practicable, a reasonable opportunity to examine) the record of any observation, test, calculation or other procedure on which such finding or opinion is based and any document or other thing or substance in respect of which any such procedure has been carried out.
Intermediaries
10
The declaration required to be made by an intermediary in accordance with section 29(5) of the Act shall be in the following form:
I solemnly, sincerely and truly declare that I will well and faithfully communicate questions and answers and make true explanation of all matters and things as shall be required of me according to the best of my skill and understanding.
PART 3 Restriction on cross-examination by an accused acting in person
Restrictions on cross-examination of witness
11
1
This rule and rules 12 and 13 apply where an accused is prevented from cross-examining a witness in person by virtue of section 34, 35 or 36 of the Act.
2
The judge advocate shall explain to the accused as early in the proceedings as is reasonably practicable that he —
a
is prevented from cross-examining a witness in person; and
b
should arrange for a legal representative to act for him for the purpose of cross-examining the witness.
3
The accused shall notify the court administration officer within 7 days of the judge advocate giving his explanation, or within such other period as the judge advocate may in any particular case allow, of the action, if any, he has taken.
4
Where he has arranged for a legal representative to act for him, the notification shall include details of the name and address of the representative.
5
The notification shall be in writing.
6
The court administration officer shall notify all other parties to the proceedings of the name and address of the person, if any, appointed to act for the accused.
7
Where the judge advocate gives his explanation under paragraph (2) to the accused either within 7 days of the day set for the commencement of any hearing at which a witness in respect of whom a prohibition under section 34, 35 or 36 of the Act applies may be cross-examined or after such a hearing has commenced, the period of 7 days shall be reduced in accordance with any directions issued by the judge advocate.
8
Where at the end of the period of 7 days or such other period as the judge advocate has allowed, the court administration officer has received no notification from the accused, the judge advocate may grant the accused an extension of time, whether on his own motion or on the application of the accused.
9
Before granting an extension of time, the judge advocate may hold a hearing at which all parties to the proceedings may attend and be heard.
10
Any extension of time shall be of such period as the judge advocate considers appropriate in the circumstances of the case.
11
The decision of the judge advocate as to whether to grant the accused an extension of time shall be notified to all parties to the proceedings by the court administration officer.
Appointment of legal representative by the judge advocate
12
1
Where the judge advocate decides, in accordance with section 38(4) of the Act, to appoint a legal representative, the court administration officer shall notify all parties to the proceedings of the name and address of the representative.
2
An appointment made by the judge advocate under section 38(4) of the Act shall, except to such extent as the judge advocate may in any particular case determine, terminate at the conclusion of the cross-examination of the witness or witnesses in respect of whom a prohibition under section 34, 35 or 36 of the Act applies.
Appointment arranged by the accused
13
1
The accused may arrange for the legal representative, appointed by the judge advocate under section 38(4) of the Act, to be appointed to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under section 34, 35 or 36 of the Act applies.
2
Where such an appointment is made —
a
both the accused and the legal representative appointed shall notify the court of the appointment; and
b
the legal representative shall, from the time of his appointment, act for the accused as though the arrangement had been made under section 38(2)(a) of the Act and shall cease to be the representative of the court under section 38(4) of the Act.
3
Where the court receives notification of the appointment either from the legal representative or from the accused but not from both, the judge advocate shall investigate whether the appointment has been made, and if he concludes that the appointment has not been made, paragraph (2)(b) shall not apply.
4
An accused may, notwithstanding an appointment by the judge advocate under section 38(4) of the Act, arrange for a legal representative to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under section 34, 35 or 36 of the Act applies.
5
Where the accused arranges for, or informs the court of his intention to arrange for, a legal representative to act for him, he shall notify the court, within such period as the judge advocate may allow, of the name and address of any person appointed to act for him.
6
Where the court is notified within the time allowed that such an appointment has been made, any legal representative appointed by the judge advocate in accordance with section 38(4) of the Act shall be discharged.
7
The court administration officer shall, as soon as reasonably practicable after the court receives notification of an appointment under this rule or, where paragraph (3) applies, after the judge advocate is satisfied that the appointment has been made, notify all the parties to the proceedings —
a
that the appointment has been made;
b
where paragraph (4) applies, of the name and address of the person appointed; and
c
that the person appointed by the judge advocate under section 38(4) of the Act has been discharged or has ceased to act for the court.
Prohibition on cross-examination of particular witness
14
1
An application by the prosecutor for the judge advocate to give a direction under section 36 of the Act in relation to any witness must be sent to the court administration officer and at the same time a copy thereof must be sent by the applicant to every other party to the proceedings.
2
In his application the prosecutor must state why, in his opinion —
a
the evidence given by the witness is likely to be diminished if cross-examination is undertaken by the accused in person;
b
the evidence would be improved if a direction were given under section 36(2) of the Act; and
c
it would not be contrary to the interests of justice to give such a direction.
3
On receipt of the application the court administration officer must refer it to the judge advocate.
4
Where a copy of the application is received by a party to the proceedings more than 14 days before the date set for the trial to begin, that party may make observations in writing on the application to the court administration officer, but any such observations must be made within 14 days of the receipt of the application and be copied to the other parties to the proceedings.
5
A party to whom an application is sent in accordance with paragraph (1) who wishes to oppose the application must give his reasons for doing so to the court administration officer and the other parties to the proceedings.
6
Those reasons must be notified —
a
within 14 days of the date the application was served on him, if that date is more than 14 days before the date set for the trial to begin;
b
if the trial has begun, in accordance with any directions issued by the judge advocate; or
c
if neither sub-paragraph (a) nor sub-paragraph (b) apply, before the date set for the trial to begin.
7
Where the application made in accordance with paragraph (1) is made before the date set for the trial to begin and —
a
is not contested by any party to the proceedings, the judge advocate may determine the application without a hearing;
b
is contested by a party to the proceedings, the judge advocate must direct a hearing of the application.
8
Where the application is made after the trial has begun —
a
the application may be made orally; and
b
the judge advocate may give such directions as he considers appropriate to deal with the application.
9
Where a hearing of the application is to take place, the court administration officer shall notify each party to the proceedings of the time and place of the hearing.
10
A party notified in accordance with paragraph (9) may be present at the hearing and be heard.
11
The court administration officer must, as soon as possible after the determination of an application made in accordance with paragraph (1) , give notice of the decision and the reasons for it to all the parties to the proceedings.
12
A person making an oral application under paragraph (8)(a) must —
a
give reasons why the application was not made before the trial commenced; and
b
provide the judge advocate with the information set out in paragraph (2) .
PART 4 Evidence of a complainant’s previous sexual behaviour
Evidence of a complainant’s previous sexual behaviour
15
1
An application for leave under section 41(2) of the Act must be made in writing to the court administration officer and must either —
a
be received by that officer within 28 days of —
i
that officer issuing a convening order under section 84C(1) of the Army Act 1955 or of the Air Force Act 1955, or under section 53C(1) of the Naval Discipline Act 1957, or
ii
the lodging of a notice of appeal under paragraph 18(3) of Schedule 3 to the Armed Forces Act 1976,
or within such period as the judge advocate may in any particular case determine; or
b
be accompanied by a full written explanation specifying the reasons why the application could not have been made within the 28 days mentioned above.
2
Such an application must contain the following —
a
a summary of the evidence it is proposed to adduce and of the questions it is proposed to put to any witness;
b
a full explanation of the reasons why it is considered that the evidence and questions fall within section 41(3) or (5) of the Act;
c
a summary of any document or other evidence to be submitted in support of such evidence and questions; and
d
where it is proposed that a witness at the trial give evidence as to the complainant’s sexual behaviour, the name and date of birth of any such witness.
3
A copy of the application must be sent to all the parties to the proceedings at the same time as it is sent to the court administration officer.
4
Where a copy of the application is received by the prosecutor more than 14 days before the date set for the trial to begin, the prosecutor must, within 14 days of the receipt of the application, notify the other parties to the proceedings and the court administration officer in writing whether or not —
a
he opposes the application, giving reasons for any such opposition; and
b
he wishes to be represented at any hearing of the application.
5
Where a copy of the application is received by a party to the proceedings other than the prosecutor more than 14 days before the date set for the trial to begin, that party may make observations in writing on the application to the court administration officer, but any such observations must be made within 14 days of the receipt of the application and be copied to the other parties to the proceedings.
6
In considering any application under this rule, the judge advocate may request a party to the proceedings to provide him with such information as he may specify and which he considers would assist him in determining the application.
7
Where the judge advocate makes such a request, the person required to provide the information must do so within 14 days of the judge advocate making the request or by such time as the judge advocate considers appropriate in the circumstances of the case.
8
An application under paragraph (1) must be determined by the judge advocate following a hearing if —
a
the prosecutor has notified the court administration officer that he opposes the application; or
b
the copy of the application was received by any of the parties to the proceedings less than 14 days before the date set for the trial to begin.
9
An application under paragraph (1) must be determined by the judge advocate following a hearing in any case where he considers such a hearing is appropriate in the circumstances of the particular case.
10
The date and time of the hearing must be —
a
determined by the judge advocate or the court administration officer after taking into consideration —
i
any time which a party to the proceedings has been given to respond to a request for information; and
ii
the date fixed for any other hearing relevant to the proceedings; and
b
notified by the court administration officer to all the parties to the proceedings.
11
Except where paragraph (8) or (9) applies, an application under paragraph (1) must be determined by the judge advocate without a hearing.
12
The court administration officer must, as soon as possible after the determination of an application made in accordance with paragraph (1) , give notice of the decision and the reasons for it to all the parties to the proceedings.
13
An application under section 41(2) of the Act may be made orally where the application is made after the trial has begun.
14
The person making the application under paragraph (13) must —
a
give reasons why the applicant failed to make the application in writing in accordance with paragraph (1) ; and
b
provide the judge advocate with the information set out in paragraph (2)(a) to (d) .
PART 5 Restrictions on reporting
Application for a reporting direction under section 46(6) of the Act
16
1
An application for a reporting direction made by a party to any proceedings, in relation to a witness in those proceedings, must be made in writing in Form A of Schedule 2 to these Rules (or a form to the like effect) or orally under rule 18.
2
If an application for a reporting direction is made in writing, the applicant shall send that application to the court administration officer and copies shall be sent at the same time to every other party to those proceedings.
Opposing an application for a reporting direction
17
1
If an application for a reporting direction is made in writing, any party to the proceedings who wishes to oppose that application must notify the applicant and the court administration officer in writing of his opposition and give reasons for it.
2
A person opposing an application must state in the written notification whether he disputes that the —
a
witness is eligible for protection under section 46 of the Act; or
b
granting of protection would be likely to improve the quality of the evidence given by the witness or the level of co-operation given by the witness to any party to the proceedings in connection with that party’s preparation of its case.
3
The notification under paragraph (1) must be given within 5 working days of the date the application was served on him unless an extension of time is granted under rule 21.
Urgent action on an application under section 46(6) of the Act
18
1
The judge advocate may give a reporting direction under section 46 of the Act in relation to a witness in those proceedings, notwithstanding that the 5 working days specified in rule 17(3) have not expired if —
a
an application is made to him for the purposes of this rule; and
b
he is satisfied that, due to exceptional circumstances, it is appropriate to do so.
2
Any party to the proceedings may make the application under paragraph (1) whether or not an application has already been made under rule 16.
3
An application under paragraph (1) may be made orally or in writing.
4
If an application is made orally, the judge advocate may hear and take into account representations made to him by any person who in his view has a legitimate interest in the application before it.
5
The application must specify the exceptional circumstances on which the application relies.
Application for an excepting direction under section 46(9) of the Act
19
1
An application for an excepting direction under section 46(9) of the Act (a direction dispensing with restrictions imposed by a reporting direction) may be made by —
a
a party to those proceedings; or
b
any person who, although not a party to the proceedings, is directly affected by a reporting restriction given in relation to a witness in those proceedings.
2
If an application for an excepting direction is made, the applicant must state why —
a
the effect of a reporting direction imposed places a substantial and unreasonable restriction on the reporting of the proceedings; and
b
it is in the public interest to remove or relax those restrictions.
3
An application for an excepting direction may be made in writing, pursuant to paragraph (4), at any time after the commencement of the proceedings in the court or orally at a hearing of an application for a reporting direction.
4
If the application for an excepting direction is made in writing it must be in Form B of Schedule 2 to these Rules (or a form to the like effect) and the applicant shall send that application to the court administration officer and copies shall be sent at the same time to every party to those proceedings.
5
Any person served with a copy of an application for an excepting direction who wishes to oppose it, must notify the applicant and court administration officer in writing of his opposition and give reasons for it.
6
The notification under paragraph (5) must be given within 5 working days of the date the application was served on him unless an extension of time is granted under rule 21.
Variation or revocation of a reporting or excepting direction
20
1
An application to —
a
revoke a reporting direction; or
b
vary or revoke an excepting direction,
may be made at any time after the commencement of the proceedings in the court.
2
An application under paragraph (1) may be made by a party to the proceedings in which the direction was issued, or by a person who, although not a party to those proceedings, is in the opinion of the judge advocate directly affected by the direction.
3
An application under paragraph (1) must be made in writing and the applicant shall send that application to the court administration officer, and at the same time copies of the application shall be sent to every party or, as the case may be, every party to the proceedings.
4
The applicant must set out in his application the reasons why he seeks to have the direction varied or, as the case may be, revoked.
5
Any person served with a copy of an application who wishes to oppose it, must notify the applicant and the court administration officer in writing of his opposition and give reasons for it.
6
Any notification under paragraph (5) must be given within 5 working days of the date the application was served on him unless an extension of time is granted under rule 21.
Application for an extension of time
21
1
An application may be made in writing to extend the period of time for notification under rule 17(3), rule 19(6) or rule 20(6) before that period has expired.
2
An application must be accompanied by a statement setting out the reasons why the applicant is unable to give notification within that period.
3
An application must be sent to the court administration officer and a copy of the application must be sent at the same time to the applicant.
Decision of the judge advocate
22
1
The judge advocate may —
a
determine any application made under rule 16 and rules 18 to 21 without a hearing; or
b
direct a hearing of any application.
2
The court administration officer shall notify all the parties of the judge advocate’s decision as soon as reasonably practicable.
3
If a hearing of an application is to take place, the court administration officer shall notify each party to the proceedings of the time and place of the hearing.
4
A judge advocate may hear and take into account representations made to him by any person who in the judge advocate’s view has a legitimate interest in the application before it.
PART 6 Revocations and amendments
Revocations and amendments to the Courts-Martial (Army) Rules 1997 and the Courts-Martial (Royal Air Force) Rules 1997
23
1
The Courts-Martial (Army) Rules 1997 and the Courts-Martial (Royal Air Force) Rules 1997 are amended as follows.
2
Rule 61 is revoked.
3
In Schedule 2, Form 7 (form of notice of application for leave to tender in evidence a video recording) shall be omitted.
4
In Schedule 4, for paragraph 14, substitute —
14
any application for a special measures direction under section 19 of the Youth Justice and Criminal Evidence Act 1999;
.
Revocations and amendments to the Courts-Martial (Royal Navy) Rules 1997
24
1
The Courts-Martial (Royal Navy) Rules 1997 are amended as follows.
2
Rule 52 is revoked.
3
In Schedule 2, Form 7 (form of notice of application for leave to tender in evidence a video recording) shall be omitted.
4
In Schedule 3, for paragraph (o), substitute —
o
any application for a special measures direction under section 19 of the Youth Justice and Criminal Evidence Act 1999;
.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
30th October 2006


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Registered Pension Schemes (Enhanced Lifetime Allowance) (Amendment) Regulations 2006 and shall come into force on 28th December 2006.
2
In these Regulations “the principal Regulations ” means the Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 .
Amendment of the principal Regulations: general
2
The principal Regulations are amended as follows.
Amendment of regulation 2 of the principal Regulations
3
1
In regulation 2 (interpretation) amend paragraph (1) as follows.
2
In the definition of “the closing date” for “4(4),” substitute “3A(4), 4(4), 4A(4),”.
3
In the definition of “notification” for “4(3),” substitute “3A(3), 4(3), 4A(3),”.
4
Insert the following definitions at the end —
“relevant lump sum death benefit” shall be construed in accordance with paragraph 16 of Schedule 32 to the Finance Act 2004;
“the specified regulations” means regulations 3, 4, 5, 6, 7 and 8 of these Regulations.
.
Insertion of regulation 3A in the principal Regulations
4
After regulation 3 insert —
Reliance on paragraph 11A of Schedule 36 (lifetime allowance enhancement: “primary protection”: taking account of death benefit)
3A
1
This regulation applies if a person is paid a relevant lump sum death benefit in respect of an individual in the circumstances specified in paragraphs (a) and (b) of paragraph 11A(1) of Schedule 36.
2
That person may give notice of intention to rely on paragraph 11A of Schedule 36 (“paragraph 11A”).
3
If that person intends to rely on paragraph 11A, that person must give a notification to the Revenue and Customs on or before the closing date.
4
The closing date is the date specified by paragraph (5); but if paragraph (6) applies and specifies a later closing date, the closing date is the date specified in paragraph (6).
5
The date specified by this paragraph is the date determined in accordance with the following rules.
First rule: Find the 31st January following the tax year in which the relevant lump sum death benefit is paid.
Second rule: Find the 31st January five years after that.
The date so found is the closing date.
6
This paragraph applies if an assessment to income tax is made under section 217(2) on a person to whom a lump sum death benefit has been paid; and, if this paragraph applies, the closing date specified by this paragraph is 5th April in the tax year following the tax year in which the assessment is made.
.
Insertion of regulation 4A in the principal Regulations
5
After regulation 4 insert —
Reliance on paragraph 15A of Schedule 36 (lifetime allowances: “enhanced protection”: taking account of death benefit)
4A
1
This regulation applies if a person is paid a relevant lump sum death benefit in respect of an individual under an arrangement in the circumstances specified in paragraph 15A(1)(a) of Schedule 36.
2
That person may give notice of intention to rely on paragraph 15A of Schedule 36 (“paragraph 15A”).
3
If that person intends to rely on paragraph 15A, that person must give a notification to the Revenue and Customs on or before the closing date.
4
The closing date is the date specified by paragraph (5); but if paragraph (6) applies and specifies a later closing date, the closing date is the date specified in paragraph (6).
5
The date specified by this paragraph is the date determined in accordance with the following rules.
First rule: Find the 31st January following the tax year in which the relevant lump sum death benefit is paid.
Second rule: Find the 31st January five years after that.
The date so found is the closing date.
6
This paragraph applies if an assessment to income tax is made under section 217(2) on a person to whom a lump sum death benefit has been paid; and, if this paragraph applies, the closing date specified by this paragraph is 5th April in the tax year following the tax year in which the assessment is made.
.
Substitution of regulation 10 of the principal Regulations
6
For regulation 10 substitute —
Form of notification: the specified regulations
10
1
This regulation applies if a notification is given under one of the specified regulations.
2
The notification must be in a form prescribed by the Commissioners for Her Majesty’s Revenue and Customs.
3
The individual must sign and date the notification.
Form of notification: regulations 3A and 4A
10A
1
This regulation applies if a notification is given under regulation 3A or 4A.
2
The notification must contain the following information —
a
the name and address of the person giving the notification;
b
the name of the deceased member in respect of whose death the person has received the relevant lump sum death benefit;
c
the name of the registered pension scheme under which that person was entitled to receive that relevant lump sum death benefit;
d
the name and address of the scheme administrator by whom the relevant lump sum death benefit was paid;
e
the amount of the relevant lump sum death benefit the person received; and
f
the date on which the relevant lump sum death benefit was paid.
3
The person who gives the notification must sign and date it.
.
Substitution of regulation 13 of the principal Regulations
7
For regulation 13 substitute —
Procedure on giving of notification: the specified provisions
13
1
If an individual gives a notification to the Revenue and Customs under one of the specified provisions, and there are no obvious errors or omissions in the notification (whether errors of principle, arithmetical mistakes or otherwise), the Revenue and Customs must issue a certificate to the individual.
2
If an individual gives a notification to the Revenue and Customs under one of the specified provisions, and there are obvious errors or omissions in the notification (whether errors of principle, arithmetical mistakes or otherwise), the Revenue and Customs must return the notification to the individual.
Procedure on giving of notification: regulations 3A and 4A
13A
1
If a person gives a notification to the Revenue and Customs under regulation 3A or 4A, and there are no obvious errors or omissions in the notification (whether errors of principle, arithmetical mistakes or otherwise), the Revenue and Customs —
a
must notify that person, in writing, that there are no obvious errors or omissions in the notification, and
b
confirm that that person has given a valid notification of intention to rely on paragraph 11A or 15A (as the case may be).
2
If a person gives a notification to the Revenue and Customs, and there are obvious errors or omissions in the notification (whether errors of principle, arithmetical mistakes or otherwise), the Revenue and Customs must return the notification to the individual.
.
Amendment of regulation 14 of the principal Regulations
8
In regulation 14 (appeal against refusal to issue certificate), in paragraph (1), for “the notification” substitute “a notification given under one of the specified regulations”.
Insertion of regulation 14A in the principal Regulations
9
After regulation 14 insert —
Appeal against refusal to confirm validity of notification
14A
1
This regulation applies if there is a dispute as to whether the Revenue and Customs are entitled to take the view that there are obvious errors or omissions in a notification given under regulation 3A or 4A (whether errors of principle, arithmetical mistakes or otherwise).
2
The person may require the Revenue and Customs to give notice of their decision to refuse to confirm the validity of the notification.
3
If the Revenue and Customs give notice of their decision to refuse to confirm the validity of the notification, the person may appeal to the Commissioners.
4
The appeal is to the General Commissioners, except that the person may elect (in accordance with section 46(1) of the Taxes Management Act 1970) to bring the appeal before the Special Commissioners instead of the General Commissioners.
5
The notice of appeal must be given to the Revenue and Customs within 30 days after the day on which notice of their decision is given to the person.
6
On an appeal, the Commissioners shall determine whether the Revenue and Customs were entitled to take the view that there were obvious errors or omissions in the notification (whether errors of principle, arithmetical mistakes or otherwise).
7
If the Commissioners allow the appeal, they may direct the Revenue and Customs to confirm the validity of the notification with effect from a date specified by the Commissioners.
.
Paul Gray
Mike Hanson
Two of the Commissioners for Her Majesty’s Revenue and Customs
6th December 2006


text:
1
This Order may be cited as the Armed Forces Act 2001 (Commencement No. 7) Order 2006.
2
The following provisions of the Armed Forces Act 2001 shall come into force on 25th August 2006 —
a
section 29 (Custody);
b
section 30 (Conditional release from custody).
Tom Watson
Parliamentary Under Secretary of State
Ministry of Defence
24th August 2006


text:
Citation and commencement
1
This Order may be cited as the Education (Chief Inspector of Schools in England) Order 2006 and shall come into force on the day after the day on which it is made.
Appointments to the office of Her Majesty’s Chief Inspector of Schools in England
2
Christine Bridget Gilbert is appointed to the office of Her Majesty’s Chief Inspector of Schools in England for a period of 5 years from 1st October 2006.
3
Maurice John Smith is re–appointed to the office of Her Majesty’s Chief Inspector of Schools in England from the date on which this Order shall come into force until 30th September 2006.
Revocation
4
The Education (Chief Inspector of Schools in England) Order 2005 is revoked .
A.K. Galloway
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Great and Little Preston Voluntary Controlled Church of England Primary School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The Great and Little Preston Voluntary Controlled Church of England Primary School, Preston Lane, Great Preston, Leeds, LS26 8AS, a voluntary controlled school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
12th July 2006


text:
Citation and interpretation
1
This Order may be cited as the Transport Act 2000 (Commencement No. 12) Order 2006.
Provisions coming into force on 1 October 2006
2
Section 248 the Transport Act 2000 shall come into force on 1st October 2006.
Signed by authority of the Secretary of State for Transport
G. Merron
Parliamentary Under Secretary of State
Department for Transport
17th July 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Benefit (Rates) Regulations 2006 and shall come into force on 10th April 2006 immediately after the Child Benefit (General) Regulations 2006 .
2
In these Regulations —
“ SSCBA ” means the Social Security Contributions and Benefits Act 1992;
“ SSCB(NI)A ” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“qualifying young person” means a person —
in Great Britain, who is such a person for the purposes of Part 9 of SSCBA; and
in Northern Ireland, who is such a person for the purposes of Part 9 of SSCB(NI)A.
3
References in these Regulations to any condition being satisfied or any facts existing shall be construed as references to the condition being satisfied or the facts existing at the beginning of that week.
Rate of child benefit
2
1
The weekly rate of child benefit payable in respect of a child or qualifying young person shall be —
a
subject to paragraphs (2) to (5), in a case where in any week a child or qualifying young person is the only person or, if not the only person, the elder or eldest person in respect of whom child benefit is payable to a person, £17.45 (“the enhanced rate”);
b
in any other case, £11.70.
2
If, in any week —
a
a person is —
i
living with his spouse or civil partner,
ii
living with another person as his spouse or civil partner, or
iii
a member of a polygamous marriage and is residing with other members of that marriage;
b
child benefit would, but for this paragraph, be payable to that person in respect of a child or qualifying young person at the enhanced rate; and
c
child benefit would, but for this paragraph, be payable at that rate to one of the other persons listed in paragraphs (i) to (iii) of sub-paragraph (a) in respect of another child or qualifying person,
the enhanced rate shall be payable in that week in respect of only the elder or eldest of the children and qualifying young persons referred to in sub-paragraphs (b) and (c).
3
For the purposes of paragraph (2)(a) a person is a member of a polygamous marriage if —
a
during the subsistence of the marriage any party to it is married to more than one person; and
b
the ceremony of marriage took place under the law of a country which permits polygamy.
4
Child benefit shall not be payable at the enhanced rate if the person to whom child benefit is payable is —
a
a voluntary organisation; or
b
a person residing (otherwise than as mentioned in paragraph (2)(a)) with a parent of the child or qualifying young person in respect of whom it is payable.
5
If an allowance, or an increase of a benefit, pension or allowance, which is a specified benefit, is paid in respect of a week —
a
to a person, and
b
in respect of the only, elder or eldest child or qualifying young person in respect of whom that person is entitled to child benefit,
child benefit shall be payable at the enhanced rate for that week.
6
The following are specified benefits —
a
any benefit under SSCBA receipt of which entitles the recipient to an increase specified in column 2 of the Table in Part 4 of Schedule 4 to that Act (increases for dependants) ;
b
any benefit under SSCB(NI)A receipt of which entitles the recipient to an increase specified in column 2 of the Table in Part IV of Schedule 4 to that Act (increases for dependants in Northern Ireland);
c
an allowance for a child or a qualifying young person granted in respect of the death of a person due to service or war injury —
i
under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 ;
ii
under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 ;
iii
under the Pensions (Polish Forces) Scheme 1964 ;
iv
under the War Pensions (Mercantile Marine) Scheme 1964 ;
v
under the Warrant of 21 st December 1964 concerning pensions and grants in respect of disablement or death due to service in the Home Guard ;
vi
under the Order of 22 nd December 1964 concerning pensions and grants in respect of disablement or death due to service in the Home Guard after 27 th April 1952 ;
vii
under the Order by Her Majesty dated 4 th January 1971 in respect of service in the Ulster Defence Regiment ; or
viii
which the Commissioners for Her Majesty’s Revenue and Customs accept as being analogous to an allowance for a child granted in respect of the death of a person due to service or war injury under any of the preceding provisions of this sub-paragraph.
Saving
3
1
Despite the revocation, by regulation 4 of these Regulations, of —
a
the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 , and
b
the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976 ,
if the amount of child benefit which would have been payable under those Regulations would, by virtue of the relevant transitional provisions and savings (had they remained in force), be greater than the amount prescribed by these Regulations, the greater amount shall be payable.
2
In paragraph (1) “the relevant transitional provisions and savings” means —
a
in the case of child benefit payable under SSCBA, regulations 3 and 4 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) (Amendment) Regulations 1998 ; and
b
in the case of child benefit payable under SSCB(NI)A, regulations 3 and 4 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) (Amendment) Regulations (Northern Ireland) 1998 .
Revocations
4
The provisions listed in column 1 of the Table are, to the extent shown in column 2, revoked.
Instrument Extent of revocation
(1)
S.I. 1976/1267 .
(2)
S.R. 1976 No. 223 .
(3)
S.I. 1991/502 .
(4)
S.R. 1991 No. 82 .
(5)
S.I. 1993/965 .
(6)
S.R. 1993 No. 169 .
(7)
S.I. 1996/1803 .
(8)
S.R. 1996 No. 288 .
(9)
S.I. 1998/1581 .
(10)
S.R. 1998 No. 239 .
(11)
S.I. 2000/1483 .
(12)
S.R. 2001 No. 108 .
(13)
S.I. 2005/2919 .
The Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 The whole instrument. The Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976 The whole instrument. The Child Benefit and Social Security (Fixing and Adjustment of Rates) (Amendment) Regulations 1991 The whole instrument. The Child Benefit and Social Security (Fixing and Adjustment of Rates)(Amendment) Regulations (Northern Ireland) 1991 The whole instrument. The Child Benefit and Social Security (Miscellaneous Amendments) Regulations 1993 Regulation 2. The Child Benefit and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1993 Regulation 2. The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996 Regulations 5 and 6. The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1996 Regulation 2. The Child Benefit and Social Security (Fixing and Adjustment of Rates) (Amendment) Regulations 1998 The whole instrument. The Child Benefit and Social Security (Fixing and Adjustment of Rates) (Amendment) Regulations (Northern Ireland) 1998 The whole instrument. The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000 Regulation 4. The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations (Northern Ireland) 2001 Regulation 4. The Civil Partnership Act 2004 (Tax Credits, etc ) (Consequential Amendments) Order 2005 Articles 13 and 14.
Gillian Merron
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
29th March 2006


text:
1
This Order may be cited as the Al Trunk Road (A57 and A614 Junction Improvement Apleyhead) (Detrunking) Order 2006 and shall come into force on 7th July 2006.
2
In this Order —
a
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
b
“the plan” means the plan folio consisting of the key plan and the site plan, numbered “HA 10/MP/036” and titled “The A1 Trunk Road (A57 and A614 Junction Improvement Apleyhead) (Detrunking) Order 2006” signed by authority of the Secretary of State for Transport, DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
c
“the new trunk roads” means the new highways which the Secretary of State proposes to construct referred to in article 2 (2) (b) of the A1 Trunk Road (A57 and A614 Junction Improvement Apleyhead) Order 2006 ; and
d
“the trunk road” means the London to Edinburgh Trunk Road (A1).
3
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 classified road from the date on which the Secretary of State notifies Nottinghamshire County Council that the new trunk roads are open for traffic.
Signed by authority of the Secretary of State for Transport
I Scholey
A Divisional Director Highways Agency
22nd June 2006.


text:
General
Citation, commencement and interpretation
1
1
This Order may be cited as the Pension Schemes (Transfers, Reorganisations and Winding Up) (Transitional Provisions) Order 2006, and shall come into force on 6th April 2006.
2
In this Order, references to provisions of Schedule 36 are references to provisions of Schedule 36 to the Finance Act 2004.
3
In this Order —
“normal minimum pension age” has the meaning given in section 279(1) of the Finance Act 2004, and
“the TUPE Regulations ” means the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
The original pension scheme condition
2
1
For the purposes of this Order the original pension scheme condition is met if conditions A and B are met.
2
Condition A is that on 10th December 2003 a pension scheme (“the original pension scheme”) was either an approved scheme for the purposes of Chapter 1 of Part 14 of the Income and Corporation Taxes Act 1988 (see section 612(1) of that Act) or was a relevant statutory scheme for the purposes of that Chapter (see section 611A of that Act ).
3
Condition B is that the original pension scheme was a scheme whose rules included provision conferring a right to retire before the normal minimum pension age on some or all of the persons who were then members of the scheme.
The employee condition
3
1
For the purposes of this Order the employee condition is met if either condition A or condition B is met.
2
Condition A is that, on 10th December 2003, a person (“the employee”) was a person who had the right, under the original pension scheme, to retire before the normal minimum pension age.
3
Condition B is that the employee would have been a person who, on 10th December 2003, had the right, under the original pension scheme, to retire before the normal minimum pension age had the employee been a member of the scheme on that date.
Transfers during period beginning with 10th December 2003 and ending with 5th April 2006
Conditions for application of article 8
4
Article 8 applies if the following conditions are met —
a
the original pension scheme condition (see article 2);
b
the employee condition (see article 3);
c
the transfer condition, either as it applies in the case of one transfer (see article 5), or as it applies in the case of two or more transfers (see article 6); and
d
the new pension scheme condition (see article 7).
The transfer condition as it applies in the case of one transfer
5
1
The transfer condition, as it applies in the case of one transfer, is met if conditions A to G are met.
2
Condition A is that, during the period beginning with 10th December 2003 and ending with 5th April 2006, there was one transfer of an undertaking, or part of an undertaking.
3
Condition B is that the TUPE Regulations applied to the transfer.
4
Condition C is that by virtue of the transfer, the employee ceased to be employed by the transferor and became employed by the transferee.
5
Condition D is that the transferor was the employer in relation to the original pension scheme.
6
Condition E is that at the time immediately before the employee became employed by the transferee, the employee was a member of the original pension scheme.
7
Condition F is that from the time when the employee became employed by the transferee, the employee —
a
was a member of a pension scheme in relation to which the transferee was the employer, or
b
was a member of one other pension scheme (“the new pension scheme”) in relation to which the transferee was the employer.
8
Condition G is that, as a result of the transfer, all the sums held for the purposes of, or representing the employee’s accrued rights under, the original pension scheme have become held for the purposes of, or represented rights under, the new pension scheme.
9
In paragraph (2) the reference to an undertaking or part of an undertaking has the same meaning as in the TUPE Regulations.
The transfer condition as it applies in the case of two or more transfers
6
1
The transfer condition, as it applies in the case of two or more transfers, is met if conditions A to H are met.
2
Condition A is that, during the period beginning with 10th December 2003 and ending with 5th April 2006, there were two or more transfers of an undertaking, or part of an undertaking.
3
Condition B is that the TUPE Regulations applied to each transfer.
4
Condition C is that by virtue of each transfer, the employee ceased to be employed by the transferor and became employed by the transferee.
5
Condition D is that the transferor —
a
in the case of the first transfer, was the employer in relation to the original pension scheme, and
b
in the case of each subsequent transfer, was the employer in relation to the pension scheme of which the employee was a member immediately before the transfer.
6
Condition E is that the employee —
a
in the case of the first transfer, was a member of the original pension scheme at the time immediately before the employee became employed by the transferee, and
b
in the case of each subsequent transfer, was a member of a pension scheme in relation to which the transferor was the employer at the time immediately before the employee became employed by the transferee.
7
Condition F is that in the case of a transfer other than the final transfer, and from the time when he became employed by the transferee, the employee was a member of a pension scheme in relation to which the transferee was the employer.
8
Condition G is that in the case of the final transfer, and from the time when he became employed by the transferee, the employee —
a
was a member of a pension scheme in relation to which the transferee was the employer, or
b
was a member of one other pension scheme (“the new pension scheme”) in relation to which the transferee was the employer.
9
Condition H is that, as a result of the transfers, all the sums held for the purposes of, or representing the employee’s accrued rights under, the original pension scheme have become held for the purposes of, or represented rights under, the new pension scheme.
10
In paragraph (2) the reference to an undertaking or part of an undertaking has the same meaning as in the TUPE Regulations.
The new pension scheme condition
7
1
The new pension scheme condition is met if conditions A and B are met.
2
Condition A is that the new pension scheme was a scheme whose rules, at the time of the transfer (where article 5 applies), or at the time of the final transfer (where article 6 applies), included provision conferring a right on some or all of the persons who were then members of that scheme to retire before the normal minimum pension age.
3
Condition B is that, on 6th April 2006, the new pension scheme was within any of paragraphs (a) to (e) of paragraph 1(1) of Schedule 36 (deemed registration of existing schemes) (and, accordingly, is treated as having become a registered pension scheme).
Rights to take benefit before normal minimum pension age
8
1
For the purposes of paragraph 22 of Schedule 36 (rights to take benefit before normal minimum pension age), and in relation to the employee, the new pension scheme is a protected pension scheme.
2
The employee has the right to retire at the age specified in paragraph (3) or (4), whichever is the greater.
3
The age specified in this paragraph is the age at which —
a
immediately before the transfer, the employee had the right to retire under the original pension scheme (in a case where article 5 applies), or
b
immediately before the final transfer, the employee had the right to retire under the original pension scheme (in a case where article 6 applies).
4
The age specified in this paragraph is the age at which, on 6th April 2006, the employee has the right to retire under the new pension scheme.
Reorganisations during period beginning with 10th December 2003 and ending with 5th April 2006
Conditions for application of article 12
9
Article 12 applies if the following conditions are met —
a
the original pension scheme condition (see article 2);
b
the employee condition (see article 3);
c
the reorganisation condition (see article 10); and
d
the new pension scheme condition (see article 11).
The reorganisation condition
10
1
The reorganisation condition is met if conditions A to C are met.
2
Condition A is that, during the period beginning with 10th December 2003 and ending with 5th April 2006, there was a transfer in a single transaction of all the sums and assets held for the purposes of, or representing the employee’s accrued rights under, the original pension scheme to another pension scheme (“the new pension scheme”).
3
Condition B is that, immediately before the transfer mentioned in paragraph (2), the employee was an active member or a deferred member of the original pension scheme.
4
Condition C is that, immediately before and after the transfer mentioned in paragraph (2), the employee was —
a
employed by a sponsoring employer of the new pension scheme, or
b
a former employee of a sponsoring employer of the new pension scheme.
5
In this article —
“active member” has the meaning given by section 151(2) of the Finance Act 2004,
“deferred member” has the meaning given by section 151(4) of that Act, and
“sponsoring employer” has the meaning given by section 150(6) of that Act.
The new pension scheme condition
11
1
The new pension scheme condition is met if conditions A and B are met.
2
Condition A is that the new pension scheme was a scheme whose rules, at the time of the transfer, included provision conferring a right on some or all of the persons who were then members of that scheme to retire before the normal minimum pension age.
3
Condition B is that, on 6th April 2006, the new pension scheme was within either of paragraphs (a) or (c) of paragraph 1(1) of Schedule 36 (deemed registration of existing schemes) (and, accordingly, is treated as having become a registered pension scheme).
Rights to take benefit before normal minimum pension age
12
The employee has the right to retire —
a
at the age at which, immediately before the transfer mentioned in article 10(2), the employee had the right to retire under the original pension scheme, or
b
at the age at which, on 6th April 2006, the employee has the right to retire under the new pension scheme,
whichever is the greater.
Winding up of original pension scheme
Conditions for application of article 16
13
Article 16 applies if the following conditions are met —
a
the winding up condition (see article 14); and
b
the annuity purchase condition (see article 15).
The winding up condition
14
1
The winding up condition is met if —
a
a pension scheme (“the original pension scheme”) is being wound up,
b
the original pension scheme is within any of paragraphs (a) to (d) of paragraph 1(1) of Schedule 36 (deemed registration of existing schemes), and
c
condition A, B or C is met.
2
Condition A is that —
a
the winding up commences before 6th April 2006, and
b
immediately before the commencement of the winding up, an individual member of the original pension scheme would have had rights which were protected under paragraph 22 or 31 of Schedule 36 (or under both those paragraphs) if the winding up had commenced on or after 6th April 2006.
3
Condition B is that —
a
the winding up commences before 6th April 2006,
b
an individual becomes a member of the original pension scheme after the commencement of the winding up but before 6th April 2006, and
c
on becoming a member of the original pension scheme, the individual would have had rights which were protected under paragraph 22 or 31 of Schedule 36 (or under both those paragraphs) if the winding up had commenced on or after 6th April 2006.
4
Condition C is that —
a
the winding up commences on or after 6th April 2006, and
b
immediately before the commencement of the winding up, an individual member of the original pension scheme has rights which are protected under paragraph 22 or 31 of Schedule 36 (or under both those paragraphs).
The annuity purchase condition
15
1
The annuity purchase condition is met if conditions A to C are met.
2
Condition A is that all the rights of the member have been discharged by purchasing one annuity which meets the conditions specified in section 74(3)(c) of the Pensions Act 1995 .
3
Condition B is that the contract under which the annuity was purchased (“the annuity contract”) does not authorise the making of any payment which would be an unauthorised payment within the meaning of Part 4 of the Finance Act 2004.
4
Condition C is that the annuity contract does not provide for the immediate payment of benefits (so that, accordingly, the annuity contract is treated under section 153(8) of the Finance Act 2004 (annuity contract treated as having become a registered pension scheme), as having become a registered pension scheme (“the new pension scheme”) on the date on which the contract was made).
Membership of the new pension scheme
16
1
For the purposes of Part 3 of Schedule 36 (pension schemes: transitional provisions and savings: pre-commencement benefit rights) the member is to be treated as having become a member of the new pension scheme as the result of a block transfer to it.
2
In paragraph (1) “block transfer” has the meaning given by paragraph 22(6) of Schedule 36 .
Tom Watson
Vernon Coaker
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 2006


text:
1
This Order may be cited as the A3 Trunk Road (Hindhead) Order 2006 and shall come into force on 13th November 2006.
2
In this Order —
(1) all measurements of distance are measured along the route of the relevant highway; (2)(i) “the main new road” means the new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order; (ii) “the new trunk road” means the main new road; (iii) “the plan” means the site plan contained in the plan folio numbered HA 10/MP/009, marked “The A3 Trunk Road (Hindhead) Order 2006”, 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; (iv) “the trunk road” means the London-Portsmouth Trunk Road (A3)
3
The main new road shall become a trunk road from the date when this Order comes into force.
4
The centre line of the new trunk road is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
John Sherwood
A Divisional Director
Highways Agency
2nd November 2006


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Housing (Right to Buy)(Designated Rural Areas and Designated Region)(England) Order 2006 and shall come into force on 24th August 2006.
2
This Order applies in relation to England only .
3
In this Order “ the Act ” means the Housing Act 1985.
Designated rural areas
2
The areas specified in the Schedule are designated as rural areas for the purposes of section 157 of the Act.
Designated region
3
In relation to a dwelling-house which is situated in a rural area designated by article 2 and listed in the Schedule, the region designated for the purposes of section 157(3) of the Act shall be the district of Hambleton.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State
Department for Communities and Local Government
17th July 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Midlands Ambulance Service National Health Service Trust (Establishment) Order 2006 and shall come into force on 1st July 2006.
2
In this Order —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act; and
“the trust” means the East Midlands Ambulance Service National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the East Midlands Ambulance Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services for the purposes of the health service and, in particular, to provide and manage —
a
ambulance and associated transport services; and
b
such other services, including community health services, as can reasonably be carried out in conjunction with the provision and management of ambulance and associated transport services.
Directors of the trust
4
The trust shall have 6 non-executive directors (including the chairman), and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st July 2006.
2
The accounting date of the trust shall be 31 st March.
Signed by authority of the Secretary of State for Health
Warner
Minister of State,
Department of Health
15th June 2006