text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Outturn Statements) (England) Regulations 2005 and come into force on 1st July 2005.
2
These Regulations apply only in relation to England and only in relation to the financial year beginning on 1st April 2004.
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2000 Act ” means the Learning and Skills Act 2000 ;
“the 2002 Act ” means the Education Act 2002 ;
“the 2003 (No. 2) Regulations ” means the Financing of Maintained Schools (England) ( No. 2) Regulations 2003 ;
“the 2004 Outturn Regulations ” means the Education (Outturn Statements) (England) Regulations 2004 ;
“ Academy ” means an independent school funded by the Secretary of State under section 482 of the 1996 Act ;
“ AEF ” means aggregate external finance;
“allocation formula” means the LEA ’s formula under regulation 7 of the 2003 (No. 2) Regulations used to determine schools' budget shares;
“budget statement” means the statement referred to in section 52(1) of the 1998 Act;
“capital expenditure” means expenditure which the LEA propose to capitalise in their accounts in accordance with proper practices being those accounting practices —
which the LEA are required to follow by virtue of any enactment, or
which so far as they are consistent with any such enactment are generally regarded whether by reference to any generally recognised public code or otherwise, as proper accounting practices to be followed in the keeping of the accounts of local authorities, either generally or of the description concerned ;
“ CERA ” means capital expenditure which the LEA expect to charge to a revenue account of the LEA as defined in section 22 of the Local Government Act 2003 ;
“community facilities” means any facility or service provided by the governing body of a maintained school under section 27 of the 2002 Act;
“factor” means one of the factors or criteria taken into account in the allocation formula;
“ FE ” means further education;
“ HE ” means higher education;
“ ICT ” means information and communication technology;
“LEA” means a local education authority;
“maintained school” means a community, foundation or voluntary school, a community or foundation special school, or a maintained nursery school ;
“ NMSS ” means non-maintained special school;
“nursery school” has the meaning given to this expression in section 6(1) of the 1996 Act ;
“outturn statement” means the statement referred to in section 52(2) of the 1998 Act;
“ PRC ” means premature retirement costs;
“primary school” has the meaning given to this expression in section 5(1) of the 1996 Act;
“school” means a maintained school;
“secondary school” has the meaning given to this expression in section 5(2) of the 1996 Act;
“ SEN ” means special educational needs;
“special educational needs” and “special educational provision” have the meanings given to those expressions by section 312 of the 1996 Act;
“special school” has the meaning given to this expression in section 6(2) of the 1996 Act;
“ SSG ” means the grant known as the School Standards Grant, and is the sum of money paid under that name to the LEA by the Secretary of State under section 14 of the 2002 Act;
“Standards Fund balance” means any balance from a Standards Fund grant paid under section 14 of the 2002 Act;
“Standards Fund Grant” means the sum of money paid under that name to the LEA by the Secretary of State under section 14 of the 2002 Act;
“statement” in relation to a pupil with special educational needs means a statement made under section 324 of the 1996 Act; and
“youth service” means services provided pursuant to the exercise of the LEA’s functions under section 15B or section 508 of the 1996 Act or section 114 of the 2000 Act.
2
In these Regulations, unless the context otherwise requires, references to primary or secondary schools do not include special schools.
Revocation and saving
3
1
The 2004 Outturn Regulations are revoked.
2
Notwithstanding paragraph (1) above, the 2004 Outturn Regulations continue to apply in relation to the financial year beginning on 1st April 2003.
Prescribed form of, and information to be contained in, outturn statements
4
An outturn statement is prepared in two parts —
a
Part 1 is in the form prescribed in Schedule 1 and contains information as to how the planned expenditure specified in the LEA’s budget statement for the LEA as a whole for the financial year beginning on 1st April 2004 was actually incurred, or treated by the LEA as having been incurred, both by the schools maintained by the LEA and by the LEA, including expenditure on Academies;
b
Part 2 is in the form prescribed in Schedule 2 and contains information about the LEA’s planned expenditure, the expenditure actually incurred, or treated by the LEA as having been incurred, and other resources allocated by the LEA, for each school for the financial year beginning on 1st April 2004.
Prescribed manner and time of publication of outturn statements
5
1
For the purposes of section 52(3)(b) of the 1998 Act, every outturn statement is published by —
a
supplying a copy to the Secretary of State for Education and Skills; and
b
making a copy available for inspection at all reasonable times and free of charge —
i
at education offices of the LEA; and
ii
on a website maintained by the LEA and accessible to the public.
2
An outturn statement must be published before 10th October 2005.
3
An outturn statement must be revised if the LEA discover any errors.
4
A revised outturn statement is subject to regulations 4, 5(1) and 5(3).
Jacqui Smith
Minister of State
Department for Education and Skills
21st May 2005


type: legislation

jurisdiction: UK

text:
This Order may be cited as the Nursing and Midwifery Council (Education, Registration and Registration Appeals) (Amendment) Rules Order of Council 2005 and shall come into force on 1st January 2006.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The Coventry City Council and the North West Federation of Schools (International General Certificate of Secondary Education) Order 2005 and shall come into force on 1 st September 2005.
2
In this Order —
“the 2000 Act ” means the Learning and Skills Act 2000 ;
“the Act” means the Education Act 2002; and
“the North West Federation of Schools” means the Sidney Stringer School – Specialising in Mathematics and Computing , the Barr’s Hill School and Community College and the President Kennedy School and Community College .
Exemption
2
Section 96 of the 2000 Act shall not, in respect of the provision of a course at any of the schools comprising the North West Federation of Schools which leads to the International General Certificate of Secondary Education in English, apply to the authority or the governing bodies.
Time period
3
This Order shall have effect until 31 st August 2008.
Jacqui Smith
Minister of State
Department for Education and Skills
28th June 2005


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2005 and shall come into force on 1 st April 2005 except for regulation 16 which comes into force on 6 th April 2005 and regulation 19 which comes into force on 11 th April 2005.
2
These Regulations apply in relation to England.
3
In these Regulations —
a
“the Charges Regulations” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000 ;
b
“the Travel Expenses and Remission of Charges Regulations” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 ; and
c
“the Income Support Regulations” means the Income Support (General) Regulations 1987 .
Amendment of the Charges Regulations to increase charges
2
1
The Charges Regulations are amended as follows.
2
In each of the following provisions, for “£6.40” in each place that it occurs substitute “£6.50” —
a
regulation 3(1)(a) and (b), (1A)(a) and (b) and (4) (charges for the supply of drugs and appliances by chemists);
b
regulation 4(1)(a) and (b) and (4) (charges for the supply of drugs and appliances by doctors);
c
regulation 5(1)(a) and (d) and (5) (charges for the supply of drugs and appliances by NHS trusts and Primary Care Trusts);
d
regulation 6(1)(a) and (b) and (4) (charges for the supply of drugs and appliances at Walk-in Centres); and
e
regulation 6A(1) (charges for the supply of drugs under Patient Group Directions).
3
In each of the following provisions, for “£12.80” in each place that it occurs substitute “£13.00” —
a
regulation 3(1)(a) and (1A)(a) (charge for the supply of a pair of elastic hosiery by chemists);
b
regulation 4(1)(a) (charge for the supply of a pair of elastic hosiery by doctors);
c
regulation 5(1)(a) and (c) (charge for the supply of a pair of elastic hosiery or tights by NHS trusts or Primary Care Trusts); and
d
regulation 6(1)(a) (charge for the supply of a pair of elastic hosiery at Walk-in Centres).
4
In regulation 9(5) (pre-payment certificates) substitute —
a
for “£33.40”, “£33.90”; and
b
for “£91.80”, “£93.20”.
5
In column (2) of Schedule 1 (charges for fabric supports and wigs) substitute —
a
for “£21.50”, “£21.80”;
b
for “£32.50”, “£33.00”;
c
for “£53.10”, “£53.90”;
d
for “£140.15”, “£142.30”; and
e
for “£204.90”, “£208.10”.
Amendment of regulation 2 of the Charges Regulations
3
In regulation 2 (interpretation) of the Charges Regulations —
a
after the definition of “the Act” insert —
“advanced electronic signature” means an electronic signature which is —
uniquely linked to the signatory;
capable of identifying the signatory;
created using means that the signatory can maintain under his sole control; and
linked to the data to which it relates in such a manner that any subsequent change of data is detectable;
;
b
after the definition of “appliance” insert —
“bank holiday” means any day that is specified or proclaimed as a bank holiday in England and Wales pursuant to section 1 of the Banking and Financial Dealings Act 1971 ;
;
c
in the definition of “batch issue” —
i
for “prescriber”, in each place where it occurs, substitute “repeatable prescriber”; and
ii
for “repeatable prescription”, in each place where it occurs, substitute “non- electronic repeatable prescription”;
d
after the definition of “electronic communication” insert —
“electronic prescription form” means a prescription form which falls within paragraph (b) of the definition of “prescription form”;
“electronic repeatable prescription” means a prescription form which falls within paragraph (a)(ii) of the definition of “repeatable prescription”;
“ETP service” means the electronic prescription service which forms part of the NHS Care Record Service;
;
e
after the definition of “local pharmaceutical services” insert —
“NHS Care Record” means the records relating to an individual patient held by the NHS Care Record Service;
“NHS Care Record Service” means the information technology systems procured by the Department of Health and used by the health service to hold medical records relating to patients;
“non-electronic prescription form” means a prescription form which falls within paragraph (a) of the definition of “prescription form”;
“non-electronic repeatable prescription” means a prescription which falls within paragraph (a) (i) of the definition of “repeatable prescription”;
;
f
after the definition of “nurses and midwives' professional register” insert —
“out of hours period” means —
the period beginning at 6.30pm on any day from Monday to Thursday and ending at 8am on the following day;
the period between 6.30pm on Friday and 8am on the following Monday; and
Good Friday, Christmas Day and bank holidays;
;
out of hours services” means services required to be provided in all or part of the out of hours period which would be essential services if provided in core hours,
and in this definition “core hours” means the period beginning at 8 am and ending at 6.30pm on any day from Monday to Friday except Good Friday, Christmas Day and bank holidays and “part” of an out of hours period means any part of one or more of the periods described in paragraphs (a) to (c) of the definition of “out of hours period”;;
;
g
for the definition of “prescription form”, substitute —
“prescription form” means —
a form provided by an NHS trust, an NHS foundation trust or a Primary Care Trust and issued by a prescriber; or
data that are created in an electronic form, signed with a prescriber’s advanced electronic signature and transmitted as an electronic communication to the ETP service,
to enable a person to obtain pharmaceutical services or local pharmaceutical services and does not include a repeatable prescription;;
;
h
after the definition of “prisoner” insert —
“provider of out of hours services” means —
an APMS contractor which provides out of hours services under its APMS contract;
a practice which provides out of hours services;
a GMS contractor or a PMS contractor which provides out of hours services under its GMS contract or PMS agreement;
an out of hours services sub-contractor of a GMS contractor or PMS contractor,
and for the purposes of this definition —
“APMS contractor” means a person who enters into arrangements with a Primary Care Trust under section 16CC(2)(b) of the Act (primary medical services) for the provision of primary medical services and “APMS contract” shall be construed accordingly;
“GMS contractor” means a contractor within the meaning of the National Health Service (General Medical Services Contracts) Regulations 2004 ;
“PMS contractor” means a contractor within the meaning of the National Health Service (Personal Medical Services Agreements) Regulations 2004 ; and
“practice” means a practice established by a Primary Care Trust for the purposes of its provision of primary medical services under section 16CC(2)(a) of the Act;
;
i
for the definition of “repeatable prescription” substitute —
“repeatable prescription” means a prescription which —
either —
is contained in a form provided by a Primary Care Trust and issued by a repeatable prescriber which is in the format specified in Part I of Schedule 1 to the GMS Contract Regulations and which is generated by a computer and signed in ink by a repeatable prescriber; or
data that are created in an electronic form, signed with a repeatable prescriber’s advanced electronic signature and transmitted as an electronic communication to the ETP service;
is issued or created to enable a person to obtain pharmaceutical services or local pharmaceutical services; and
indicates that the drugs or appliances ordered on that prescription may be provided more than once and specifies the number of occasions on which they may be provided;
;
j
for the definition of supplementary prescriber substitute —
“supplementary prescriber” means a person —
whose name is registered in —
the nurses and midwives' professional register;
the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) (the registers and registration) of the Pharmacy Act 1954 ;
the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976 ; or
the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 ,
relating to —
chiropodists and podiatrists,
physiotherapists,
radiographers: diagnostic or therapeutic; and
against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs and appliances as a supplementary prescriber;
; and
k
for the definition of “the Travelling Expenses and Remission of Charges Regulations” substitute —
“the Travel Expenses and Remission of Charges Regulations” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 ;
.
Deletion of regulation 2A of the Charges Regulations
4
Regulation 2A of the Charges Regulations is deleted.
Amendment of regulation 3 of the Charges Regulations
5
1
Regulation 3 of the Charges Regulations (supply of drugs and appliances by chemists) is amended as follows.
2
In paragraph (1A) for the words “in respect of each” to the end of the paragraph substitute —
in respect of —
a
each batch issue; and
b
each electronic prescription form —
i
in respect of an item of elastic hosiery a charge of £6.50, that is to say a charge of £13.00 per pair; and
ii
in respect of the supply of each other appliance and of each quantity of a drug, a charge of £6.50.
3
Paragraph (1B) is deleted.
4
For paragraph (2) substitute —
2
Where a charge is paid under paragraph (1), the person making the payment shall on so doing either —
a
where a non-electronic prescription form has been issued, sign a declaration in writing on the non-electronic prescription form that the relevant charge has been paid; or
b
where an electronic prescription form has been created, provide a declaration that the relevant charge has been paid on a form provided by a Primary Care Trust for the purpose of recording patient declarations in respect of electronic prescription forms and issued by a chemist.
.
5
After paragraph (2) insert —
2A
Where a charge is paid under regulation (1A), the person making the payment shall on so doing either —
a
in respect of a batch issue, sign a declaration in writing on the batch issue that the relevant charge has been paid; or
b
in respect of an electronic repeatable prescription, provide a declaration that the relevant charge has been paid on a form provided by a Primary Care Trust for the purpose of recording patient declarations in respect of electronic repeatable prescriptions and issued by a chemist.
.
6
In paragraph (3)(a)(i) after “cases” insert “involving a batch issue”.
7
After paragraph (3)(a)(i) insert —
ia
in cases involving an electronic repeatable prescription falling within paragraph (1A) on a form provided by a Primary Care Trust for the purpose of recording patient declarations in respect of electronic repeatable prescriptions and issued by a chemist,
.
8
For paragraph (3)(a)(ii) substitute —
ii
in cases involving an electronic prescription form, on a form provided by a Primary Care Trust for the purpose of recording patient declarations in respect of electronic prescription forms and issued by a chemist, or
.
9
In paragraph (3)(a)(iii) after “on the” insert “non-electronic”.
10
In paragraph (3)(b), for “regulation 3 of the Travelling Expenses and Remission of Charges Regulations” substitute “regulation 5 of the Travel Expenses and Remission of Charges Regulations”.
11
In paragraph 3(b)(i) after “cases” insert “involving a batch issue”.
12
After paragraph (3)(b)(i) insert —
ib
in cases involving an electronic repeatable prescription falling within paragraph (1A) on a form provided by a Primary Care Trust for the purpose of recording patient declarations in respect of electronic repeatable prescriptions and issued by a chemist,
.
13
For paragraph (3)(b)(ii) substitute —
ii
in cases involving an electronic prescription form, on a form provided by a Primary Care Trust for the purpose of recording patient declarations in respect of electronic prescription forms and issued by a chemist, or
.
14
In paragraph (3)(b)(iii) after “on the” insert “non-electronic”.
15
In paragraph (3)(c) after “inserted on the” insert “non-electronic”.
Amendment of regulation 4 of the Charges Regulations
6
1
Regulation 4 of the Charges Regulations (supply of drugs and appliances by doctors) is amended as follows.
2
For paragraph (2) substitute —
2
Where a charge is paid under paragraph (1), the person making the payment shall on so doing either —
a
where a non-electronic prescription form has been issued, sign a declaration in writing on the non-electronic prescription form that the relevant charge has been paid; or
b
where an electronic prescription form has been created, provide a declaration that the relevant charge has been paid on a form provided by a Primary Care Trust for the purpose of recording patient declarations in respect of electronic prescription forms and issued by a doctor.
.
3
In paragraphs (3)(a) and (b) —
a
after “either on the” insert “non-electronic”; and
b
for the words from “falling within” to the end of each paragraph substitute “involving an electronic prescription form, on a form provided by a Primary Care Trust for the purpose of recording patient declarations in respect of electronic prescription forms and issued by a doctor;”.
4
In paragraph (3)(b), for “regulation 3 of the Travelling Expenses and Remission of Charges Regulations” substitute “regulation 5 of the Travel Expenses and Remission of Charges Regulations”.
Amendment of the Charges Regulations concerning out of hours supply of drugs and appliances
7
After regulation 4 of the Charges Regulations insert —
Out of hours supply of drugs and appliances by providers of out of hours services
4A
1
A provider of out of hours services who supplies drugs or appliances to a patient in the course of providing out of hours services shall, subject to paragraphs (3) and (7), make and recover from that patient —
a
in respect of an item of elastic hosiery a charge of £6.50, that is to say a charge of £13.00 per pair;
b
in respect of the supply of each appliance and of each quantity of a drug, a charge of £6.50.
2
Where a charge is paid under paragraph (1), the person making the payment shall on doing so sign a declaration in writing on the supply form that the relevant charge has been paid.
3
No charge shall be made and recovered under paragraph (1) where —
a
there is exemption under regulation 7 and a declaration of entitlement to exemption is duly completed by or on behalf of the patient on the supply form;
b
there is entitlement to remission of the charge under regulation 5 of the Travel Expenses and Remission of Charges Regulations and a declaration of entitlement to remission is duly completed by or on behalf of the patient on the supply form; or
c
the drugs or appliances are supplied in respect of two or more persons in a school or institution in which at least 20 persons are normally resident provided that the name of the school or institution is inserted on the supply form,
and where, in the cases described in sub-paragraphs (a) and (b), such evidence of entitlement to exemption or remission is provided as the provider of out of hours services may reasonably require.
4
A provider of out of hours services shall be under no obligation to supply drugs or appliances in the course of out of hours services for which a charge is required to be made and recovered by paragraph (1) unless he is first paid the amount of that charge by the patient.
5
A provider of out of hours services who makes and recovers a charge under paragraph (1) shall, if so required by the patient, give him a receipt for the amount received on the form provided for the purpose, which form shall contain forms of declaration in support of an application for repayment and information as to whom an application for repayment should be made.
6
Any sum which would otherwise be payable by a Primary Care Trust to a provider of out of hours services in respect of the provision by him of primary medical services shall be reduced by the amount of charges which are required to be made and recovered under paragraph (1).
7
Nothing in this regulation shall authorise the payment of a charge where the drug or appliance supplied either —
a
is needed for immediate treatment and no order for the drug or appliance is made on a supply form; or
b
is administered or applied to the patient by the provider of out of hours services personally.
8
In this regulation, “supply form” means a form provided by a Primary Care Trust and completed by or on behalf of a provider of out of hours services for the purpose of recording the provision of drugs or appliances to a patient during the out of hours period.
.
Amendment of regulation 5 of the Charges Regulations
8
In regulation 5 of the Charges Regulations (supply of drugs and appliances by Health Authorities, NHS trusts and Primary Care Trusts), in paragraph (3)(c), for “regulation 3 of the Travelling Expenses and Remission of Charges Regulations” substitute “regulation 5 of the Travel Expenses and Remission of Charges Regulations”.
Amendment of regulation 6 of the Charges Regulations
9
In regulation 6 of the Charges Regulations (supply of drugs and appliances at Walk-in Centres) —
a
in paragraph (1), after “Where drugs or appliances are supplied to a patient,” insert “including during the out of hours period,”;
b
in paragraph (3)(a), for “paragraph 1(1)(a) to (d)” substitute “paragraph 1(1)(b) to (d)”; and
c
in paragraph (3)(c), for “regulation 3 of the Travelling Expenses and Remission of Charges Regulations” substitute “regulation 5 of the Travel Expenses and Remission of Charges Regulations”.
Amendment of regulation 6A of the Charges Regulations
10
In regulation 6A of the Charges Regulations (supply of drugs under Patient Group Directions) —
a
in paragraph (1), after “Where drugs are supplied to a patient in accordance with a Patient Group Direction” insert “, including during the out of hours period,”;
b
in paragraph (3)(a), for “paragraph 1(1)(a) to (d)” substitute “paragraph 1(1)(b) to (d)”; and
c
in paragraph (3)(c), for “regulation 3 of the Travelling Expenses and Remission of Charges Regulations” substitute “regulation 5 of the Travel Expenses and Remission of Charges Regulations”.
Amendment of regulation 7 of the Charges Regulations
11
1
Regulation 7 of the Charges Regulations (exemptions) is amended as follows.
2
In paragraph (3), at the beginning of the paragraph insert “Subject to paragraph (3A)”.
3
After paragraph (3) insert —
3A
A person who falls within paragraph (1)(a) or (c) shall not be required to provide any declaration of entitlement required under regulations 3(3) or 4(3) where —
a
an electronic prescription form or an electronic repeatable prescription is issued and the person’s date of birth is recorded on the person’s NHS Care Record and is set out on the electronic prescription form or electronic repeatable prescription; or
b
a non-electronic prescription form or a non-electronic repeatable prescription is issued and the person’s date of birth is printed by means of computer on the non-electronic prescription form or non-electronic repeatable prescription.
.
4
In paragraph (4), for “regulation 5 of the Travelling Expenses and Remission of Charges Regulations” substitute “regulation 6 of the Travel Expenses and Remission of Charges Regulations”.
Amendment of regulation 8 of the Charges Regulations
12
In regulation 8 of the Charges Regulations (certificates of exemption-application and issue) —
a
in paragraph (2); and
b
in paragraph (3)(a)
for “first day of the month in” substitute “date one month prior to the date on”.
Amendment of regulation 9 of the Charges Regulations
13
In regulation 9 of the Charges Regulations (pre-payment certificates), in paragraphs (6)(b), (10)(b), (14)(b)(ii) and (14)(c)(ii), for “regulation 3 of the Travelling Expenses and Remission of Charges Regulations” substitute “regulation 5 of the Travel Expenses and Remission of Charges Regulations”.
Transitional provision relating to the Charges Regulations
14
Where, on or after 1 st April 2005 —
a
any appliance specified in Schedule 1 to the Charges Regulations is supplied pursuant to an order given before that date; or
b
any pre-payment certificate is granted under regulation 9 of the Charges Regulations pursuant to an application under that regulation which was received before that date,
the Charges Regulations shall have effect in relation to that supply, or as the case may be, grant, as if these Regulations had not come into force.
Amendments of regulation 2 of the Travel Expenses and Remission of Charges Regulations
15
1
Regulation 2 of the Travel Expenses and Remission of Charges Regulations (interpretation) is amended as follows.
2
After the definition of “abroad” insert —
“annuity contract” means a contract that provides for periodic payments starting from a stated or contingent date and continuing for a fixed period or for the life of the annuity;
.
3
After the definition of “care home” insert —
“child” means a person under the age of 16;
.
4
After the definition of “date of claim” insert —
“dependant child or young person” means any child or young person who is treated as the responsibility of the claimant or his partner, where that child or young person is a member of the claimant’s household;
.
5
After the definition of “disability element” insert —
“earnings” has the meaning given in regulations 35 and 37 of the Income Support Regulations;
.
6
After the definition of “health care professional” insert —
“household” means —
a group of people who have a common address as their only or main residence and who either share one meal a day or share the living accommodation at that residence; or
the only or main residence of a single person who does not share either one meal a day or the living accommodation at that residence with another person;
.
7
After the definition of “NHS trust” insert —
“occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 ;
.
8
After the definition of “pension credit savings credit” insert —
“personal pension scheme” means a personal pension scheme —
as defined in section 1 of the Pension Schemes Act 1993; or
as defined in section 1 of the Pension Schemes (Northern Ireland Act) 1993 ;
.
9
After the definition of “severe disability element” insert —
“single person” means a person who does not have a partner and is not responsible for, and is not a member of the same household as, a child or young person;
.
10
After the definition of “working tax credit” insert —
“young person” has the meaning prescribed in regulation 14 of the Income Support Regulations;
.
Amendment of regulation 5 of the Travel Expenses and Remission of Charges Regulations
16
In regulation 5(1)(e) of the Travel Expenses and Remission of Charges Regulations (entitlement to full remission and payment) for “£14,600” substitute “£15,050”.
Amendment of regulation 8 of the Travel Expenses and Remission of Charges Regulations
17
1
Regulation 8 of the Travel Expenses and Remission of Charges Regulations (notices of entitlement) is amended as follows.
2
After paragraph (5)(c) insert —
d
in the case of a notice issued to a person mentioned in paragraph (5A) it is valid for the length of time specified in that paragraph.
3
After paragraph (5) insert —
5A
A notice of entitlement issued under paragraph (1) is valid for 5 years beginning on the date of the claim where the claimant is —
a
a single person aged not less than 65; or
b
one of a couple where one partner is aged not less than 60 and one partner is aged not less than 65,
who does not receive any —
i
earnings;
ii
payments from an occupational pension scheme;
iii
payments from a personal pension scheme; or
iv
payments from an annuity contract.
5B
Paragraph (5A) does not apply to a person who has a dependant child or young person as a member of his household.
.
4
In paragraph (7) after “Subject to paragraphs” insert “(7A),”.
5
After paragraph (7) insert —
7A
A claimant who is issued with a notice of entitlement which falls under paragraph (5A) must notify the Secretary of State of any change in the composition of his family or household during the life of the notice of entitlement and the Secretary of State may withdraw the notice of entitlement or vary the amounts referred to in paragraph (3)(b) stated on the notice of entitlement if the claimant no longer meets the requirements of paragraphs (5A) and (5B).
.
Amendment of regulation 12 of the Travel Expenses and Remission of Charges Regulations
18
1
In regulation 12 of the Travel Expenses and Remission of Charges Regulations (repayments), for paragraph (4) substitute the following —
4
The Dental Practice Board, constituted under section 37 of the Act is authorised to —
a
carry on any activity of the Secretary of State under paragraph (1)(a) or (c) of this regulation;
b
receive on behalf of the Secretary of State a claim for repayment made in accordance with regulation 11(2); and
c
exercise the Secretary of State’s power under regulation 11(3),
relating to the repayment of charges for dental appliances and dental treatment described in regulation 4(1)(b) or (c), including repayment of any amount due to a claimant.
.
Modifications of the Income Support Regulations in Schedule 1 of the Travel Expenses and Remission of Charges Regulations
19
1
Schedule 1 to the Travel Expenses and Remission of Charges Regulations (Modifications of Income Support Regulations) is amended as follows.
2
In Table A, in the modifications of —
a
regulations 45 and 53 of the Income Support Regulations, for “£20,000”, in each place where it occurs, substitute “£20,500”; and
b
regulation 53 of the Income Support Regulations, for “£12,250” substitute “£12,500”.
Transitional provision relating to the Travel Expenses and Remission of Charges Regulations
20
A notice of entitlement falling under regulation 8(5A) (notices of entitlement) shall only be issued in respect of claims made under regulation 7 (claims to entitlement) which are received on or after 1st April 2005.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
9th March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2005 and shall come into force on 11th February 2005.
Amendment of the National Health Service and Community Care Act 1990
2
1
Section 61 of the National Health Service and Community Care Act 1990 (taxation: NHS bodies) is amended as follows.
2
For subsection (3) substitute —
3
In the case of a body falling within subsection (3A) below —
a
where any conveyance, transfer or lease is made or agreed to be made to the body, no stamp duty shall be chargeable under Part 1 or 2, or paragraph 16, of Schedule 13 to the Finance Act 1999 on the instrument by which the conveyance, transfer, lease, or the agreement for it, is effected;
b
where the body is the purchaser in relation to a land transaction, the land transaction is exempt from charge for the purposes of stamp duty land tax.
3A
The bodies are —
a
a National Health Service trust established under Part 1 of this Act or Part 1 of the National Health Service (Scotland) Act 1978;
b
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991;
c
a Primary Care Trust;
d
a Local Health Board.
3B
Relief under subsection (3)(b) above must be claimed in a land transaction return or an amendment of such a return.
3C
In this section —
“land transaction” has the same meaning as in Part 4 of the Finance Act 2003 (see section 43(1) of that Act);
“land transaction return” shall be construed in accordance with section 76(1) of that Act;
“purchaser” has the same meaning as in Part 4 of that Act (see section 43(4) of that Act).
.
Amendment of Part 6 of the Finance Act 1994
3
1
Part 6 of the Finance Act 1994 (stamp duty) is amended as follows.
2
For the heading of the Part substitute “Stamp duty and stamp duty land tax”.
3
In section 245 (supplementary provisions about production of documents on transfer of land in Northern Ireland) , in subsection (2) —
a
before “any document” insert “ — (a)” and
b
after “244(2) above” insert “, or” followed by the following paragraph —
b
any return delivered to the Commissioners under Part 4 of the Finance Act 2003 (stamp duty land tax),
.
Repeal
4
Section 61A of the National Health Service and Community Care Act 1990 (health service bodies: stamp duty land tax)( is repealed.
Revocation
5
In Part 1 of the Schedule to the Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2003 (consequential amendments to Acts of Parliament)( omit paragraph 15.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
20th January 2005


text:
Citation, commencement and application
1
1
These Rules may be cited as the Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2005 and shall come into force on 24th August 2005.
2
Subject to paragraph (3), these Rules apply in relation to any local inquiry caused by the Secretary of State to be held in England before he determines an application referred to him under section 76A(4)(a) of the Town and Country Planning Act 1990 .
3
Where the Mayor of London has directed the local planning authority to refuse the application, these Rules shall apply with the modifications set out in rule 27.
Interpretation
2
1
In these Rules —
“additional inspector” means an inspector appointed by the Secretary of State under section 76B(3)(a) of the Planning Act ;
“assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the Secretary of State may specify;
“by local advertisement”, in relation to a notice, means —
by publication of the notice in at least one newspaper circulating in the locality in which the land to which the application relates is situated; and
where the local planning authority maintain a website for the purpose of advertisement of applications, by publication of the notice on the website;
“the Commission” means the Historic Buildings and Monuments Commission for England ;
“development order” has the meaning given in section 59 of the Planning Act;
“document” includes a photograph, map or plan;
“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 ;
“environmental statement” has the same meaning as in regulation 2 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 ;
“inquiry” means an inquiry in relation to which these Rules apply; and where an inquiry is conducted by means of concurrent sessions, it includes any such session;
“inspector” includes a lead inspector and an additional inspector;
“land” means the land or building to which an inquiry relates;
“lead inspector” means a person appointed by the Secretary of State under section 76A(4)(b) of the Planning Act;
“the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“listed building consent” has the meaning given in section 8(7) of the Listed Buildings Act;
“local planning authority” means, in relation to a referred application, the body which would otherwise have dealt with the application;
“major participant” means a person who has indicated in accordance with rule 6(2)(d) that he is likely to want to be represented formally and to play a major part in the inquiry;
“mediator” means a person who is appointed by the Secretary of State to undertake a mediation under rule 8;
“outline statement” means a written statement of the principal submissions which a person proposes to put forward at an inquiry;
“the Planning Act” means the Town and Country Planning Act 1990 ;
“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously, and where two or more such meetings are held about the same inquiry, references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;
“referred application” means an application which is referred to the Secretary of State for determination;
“registration form” means a form for completion by persons who wish to participate in the inquiry;
“relevant notice” means the Secretary of State’s notice under rule 4;
“statement of case” means, and comprises, a written statement which contains —
full particulars of the case which a person proposes to put forward at an inquiry;
a list of any documents which that person intends to refer to or put in evidence;
a list of the individuals whom that person proposes to call as witnesses; and
the subject-matter of the evidence of each such witness;
“statement of common ground” means a written statement prepared jointly by the local planning authority and the applicant, which contains agreed factual information about the proposal which is the subject of the application;
“statutory party”, in relation to a referred application to which these Rules apply, means —
a person mentioned in paragraph (1)(b)(i) of article 19 of the Town and Country Planning (General Development Procedure) Order 1995 whose representations the Secretary of State is required by paragraph (3) of that article to take into account in determining the application; and
a person whose representations the Secretary of State is required by paragraphs (3)(b) and (5) of regulation 6 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 to take into account in determining the application,
“technical adviser” means a person appointed by the Secretary of State under rule 7.
2
Subject to paragraph (4), a requirement imposed on the Secretary of State or the inspector to circulate a document is met by sending a copy of that document to —
a
the local planning authority;
b
the applicant; and
c
each major participant.
3
Subject to paragraph (4), a requirement imposed on the Secretary of State or the inspector to deposit a document is met by sending a copy of it to the local planning authority.
4
Nothing in paragraphs (2) or (3) requires the Secretary of State or the inspector to send a copy of a document to the person from whom it was received.
Electronic communications
3
1
In these Rules, and in relation to the use of electronic communications for any purpose of these Rules which is capable of being carried out electronically —
a
the expression “address” includes any number or address used for the purposes of such communications, except that where any provision of these Rules require any person to provide a name and address to any other person, the requirement shall not be fulfilled unless the person subject to the requirement provides a postal address;
b
references to statements, notices, or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.
2
Paragraphs (3) to (7) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement of these Rules to give or send any statement, notice or other document to any other person (“the recipient”).
3
The requirement shall be taken to be fulfilled where the statement, notice or other document transmitted by means of the electronic communication is —
a
capable of being accessed by the recipient;
b
legible in all material respects; and
c
sufficiently permanent to be used for subsequent reference.
4
In paragraph (3), “legible in all material respects” means that the information contained in the statement, notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.
5
Where the electronic communication is received by the recipient outside the recipient’s business hours, it shall be taken to have been received on the next working day; and for this purpose “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.
6
A requirement of these Rules that any document shall be in writing is fulfilled where that document satisfies the criteria in paragraph (3).
7
A requirement in these Rules to send more than one copy of a statement, notice or other document may be complied with by sending one copy only of the statement, notice or other document in question.
8
Where a person is no longer willing to accept the use of electronic communications for any purpose of these Rules which is capable of being effected electronically, he shall give notice in writing —
a
withdrawing any address notified to the Secretary of State or to a local planning authority for that purpose, or
b
revoking any agreement entered into with the Secretary of State or with a local planning authority for that purpose,
and such withdrawal or revocation shall be final and shall take effect on a date specified by the person in the notice being not less than seven days after the date on which the notice is given.
Notice by Secretary of State
4
The Secretary of State shall notify the applicant and the local planning authority in writing that an inquiry is to be held (referred to in the following provisions of these Rules as the “relevant notice”).
Preliminary information to be supplied
5
1
The local planning authority shall on receipt of the relevant notice forthwith inform the Secretary of State and the applicant in writing of the name and address of any statutory party who has made representations to them; and the Secretary of State shall, as soon as practicable thereafter, inform the applicant and the local planning authority in writing of the name and address of —
a
any statutory party who has made representations to him; and
b
any other persons who are known to have a right to appear at the inquiry or to have an interest in the proposal.
2
Where this paragraph applies, the local planning authority shall forthwith after receipt of the relevant notice inform the person concerned of the inquiry and, unless they have already done so, that person shall thereupon give the local planning authority a written statement of the reasons for making the direction, expressing the view or making the representations, as the case may be.
3
Paragraph (2) paragraph applies where —
a
the Secretary of State has given to the local planning authority a direction restricting the grant of planning permission for which application was made;
b
in a case relating to listed building consent, the Commission has given to the local planning authority a direction pursuant to section 14(2) of the Listed Buildings Act as to how the application is to be determined;
c
the Secretary of State or any other Minister of the Crown or any government department, or any body falling within rule 15(1)(c), has expressed in writing to the local planning authority the view that the application should not be granted either wholly or in part, or should be granted only subject to conditions; or
d
any person consulted in pursuance of a development order has made representations to the local planning authority about the application.
Registration
6
1
On receipt of the relevant notice, the local planning authority shall —
a
send to each person notified or known to the local planning authority to have a right to appear at the inquiry or to have an interest in the proposal a copy of the statement sent by the Secretary of State under rule 9(2)(a)(ii) and a copy of the registration form; and
b
publish by local advertisement a notice stating —
i
that these Rules apply to the local inquiry;
ii
the matters contained in the statement sent by the Secretary of State under rule 9(2)(a)(ii);
iii
the arrangements for the first pre-inquiry meeting; and
iv
that persons interested in participating in the inquiry should obtain from the local planning authority a copy of the registration form.
2
The registration form shall include the address to which completed forms must be returned, and the date by which that must be done. It shall request the following information —
a
the name, address and telephone number of the person registering;
b
the name, address and telephone number of any agent, or, in the case of an organisation, of the contact person;
c
whether or not the person registering has an interest in any land which will be affected by the proposal;
d
whether or not the person registering is likely to want to be represented formally and to play a major part in the inquiry;
e
if not, whether or not the person registering will wish to give oral evidence at the inquiry or will wish only to submit representations in writing.
Appointment of technical adviser
7
1
If it appears to the Secretary of State that evidence to be given to the inquiry is, or is likely to be, of such technical or scientific nature that the inquiry would be conducted more efficiently and expeditiously if an expert and independent assessment of that evidence were to be made, he may at any time appoint a technical adviser for that purpose.
2
A technical adviser shall be a person appearing to the Secretary of State to have such qualifications and experience as enable him to conduct an expert assessment of scientific or technical evidence to be given to the inquiry.
3
Where the Secretary of State appoints a technical adviser, he may in writing require the local planning authority to publish by local advertisement and within such period as he may specify a notice stating the name of the person so appointed and specifying the evidence to be assessed.
4
The technical adviser shall, in consultation with the persons entitled to appear at the inquiry either jointly or separately, assess the evidence so specified and shall report his assessment in writing to the inspector.
5
The technical adviser’s report shall include a description of any areas of disagreement between the parties and shall state his view of the significance of each such disagreement.
6
The inspector shall within 7 days of receipt of the technical adviser’s report circulate it.
7
The technical adviser shall give evidence on his report at the inquiry and shall be subject to cross-examination to the same extent as any other witness.
8
The inspector may allow the technical adviser to alter or add to his report so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person entitled to appear who is appearing at the inquiry an adequate opportunity of considering any such alteration or addition.
Mediation
8
1
If it appears to the Secretary of State that —
a
there is an absence of agreement between persons entitled to appear at the inquiry on a matter which is relevant to the inquiry;
b
the inquiry would be conducted more efficiently and expeditiously if agreement could be reached in relation to that matter or any disagreement in relation to it could be defined and narrowed; and
c
such a result is capable of being achieved by mediation,
then he may at any time appoint a mediator for that purpose.
2
A mediator shall be a person appearing to the Secretary of State to have been trained in mediation techniques by an independent mediation organisation.
3
Where the Secretary of State appoints a mediator, he may in writing require the local planning authority to publish by local advertisement and within such period as he may specify a notice stating the name of the person so appointed and the matter in relation to which he is to mediate.
4
The mediator shall determine the procedure for the mediation.
5
Within 7 days from the conclusion of the mediation, the mediator shall give to the inspector a report describing the mediation procedure and its outcome and the inspector shall, as soon as practicable after receipt, circulate the report.
6
The inspector shall permit any person entitled to appear at the inquiry to address him on the report referred to in paragraph (5), but the mediator shall not give evidence at the inquiry.
Procedure for pre-inquiry and other meetings
9
1
The Secretary of State shall hold a pre-inquiry meeting.
2
The following provisions shall apply to the pre-inquiry meeting, or where there is more than one, to the first pre-inquiry meeting —
a
the Secretary of State shall send with the relevant notice —
i
notice of his intention to hold a pre-inquiry meeting;
ii
a statement of the matters which, in his view, are the matters to be considered at the inquiry; and where another Minister of the Crown or a government department has expressed in writing to the Secretary of State a view which is mentioned in rule 5(2)(c), the Secretary of State shall set this out in his statement;
b
the Secretary of State shall send a copy of the statement described in the previous paragraph to the Minister or government department concerned and to each major participant; and
c
the local planning authority shall publish by local advertisement a notice of the Secretary of State’s intention to hold a pre-inquiry meeting and of the statement sent in accordance with paragraph (2)(a)(ii) above.
3
The Secretary of State may at any time modify the statement referred to in paragraph (2)(a)(ii) above and if he does so shall send the modified statement to the local planning authority who shall publish by local advertisement a notice of the modification made.
4
The applicant, the local planning authority and each major participant shall ensure that within 8 weeks of the date of the relevant notice 2 copies, in the case of the applicant and the local planning authority, or 3 copies in any other case, of their outline statement have been received by the Secretary of State.
5
The local planning authority and each major participant shall identify in their outline statement any part of an environmental statement prepared by the applicant with which they disagree and the grounds for any such disagreement.
6
Where rule 5(2) applies, the local planning authority shall —
a
include in their outline statement —
i
the terms of any direction given together with a statement of the reasons for it; and
ii
any view expressed or representation made on which they intend to rely in their submissions at the inquiry; and
b
within 8 weeks from the date of the relevant notice send a copy of their outline statement to the person concerned.
7
The Secretary of State may in writing require any other person who has notified him of an intention or a wish to appear at the inquiry to send an outline statement to him, and that person shall ensure that the statement is received by the Secretary of State within 4 weeks of the date of the Secretary of State’s written requirement.
8
The Secretary of State shall, as soon as practicable after receipt, circulate each outline statement sent in accordance with paragraphs (4) or (7).
9
The pre-inquiry meeting (or, where there is more than one, the first pre-inquiry meeting) shall be held within 16 weeks of the date of the relevant notice.
10
The Secretary of State shall give not less than 3 weeks' written notice of the pre-inquiry meeting to —
a
the applicant;
b
the local planning authority;
c
each major participant;
d
any person known at the date of the notice to be entitled to appear at the inquiry; and
e
any other person whose presence at the pre-inquiry meeting seems to him to be desirable,
and he may require the local planning authority to take, in relation to notification of the pre-inquiry meeting, one or more of the steps which he may under rule 14(6) require them to take in relation to notification of the inquiry.
11
The inspector —
a
shall preside at the pre-inquiry meeting;
b
shall determine the matters to be discussed and the procedure to be followed;
c
may require any person present at the pre-inquiry meeting who, in his opinion, is behaving in a disruptive manner to leave; and
d
may refuse to permit that person to return or to attend any further pre-inquiry meeting, or may permit him to return or attend only on such conditions as he may specify.
12
The inspector may at any time and for any purpose connected with the inquiry to which these rules apply hold such other meetings as he considers necessary, and he shall arrange for such notice to be given of those meetings as appears to him necessary; and paragraph (11) shall apply to such meetings.
13
If the Secretary of State requests any further information from the applicant, the local planning authority or any major participant at the pre-inquiry meeting, they shall ensure that 2 copies, in the case of the applicant or the local planning authority, or 3 copies in the case of any major participant, of the information have been received by the Secretary of State within such period as he may specify; and the Secretary of State shall, as soon as practicable after receipt, circulate all information received by him under this paragraph.
Publicity for inspector’s notes of pre-inquiry meetings and recommendations
10
1
As soon as practicable after the end of each pre-inquiry meeting the inspector shall prepare a note of the proceedings at that meeting and shall send a copy of that note to the Secretary of State.
2
As soon as practicable after sending the copy of the note to the Secretary of State, the inspector shall circulate it.
3
As soon as practicable after making recommendations to the Secretary of State on —
i
a timetable for the proceedings, in accordance with rule 12(2), or
ii
the matters which he is directed to consider under section 76B(2)(a) of the Planning Act,
the inspector shall circulate a copy of those recommendations.
Receipt of statements of case etc.
11
1
The applicant shall —
a
ensure that within 4 weeks from the conclusion of the pre-inquiry meeting or within such other period as the Secretary of State may specify in writing 2 copies of his statement of case have been received by the Secretary of State; and
b
as soon as reasonably practicable after sending the statement to the Secretary of State, send a copy of it to every other person specified or referred to in rule 15(1).
2
The local planning authority, each major participant and any other person who is required to send a statement of case in accordance with paragraph (7), shall —
a
ensure that within 6 weeks from the conclusion of the pre-inquiry meeting or within such other period as the Secretary of State may specify in writing 2 copies of their statement of case have been received by the Secretary of State; and
b
as soon as reasonably practicable after sending the statement to the Secretary of State, send a copy of it to every other person specified or referred to in rule 15(1).
3
The local planning authority shall —
a
include in their statement of case —
i
details of the time and place where the opportunity to inspect and take copies described in paragraph (13) below shall be afforded; and
ii
where rule 5(2) applies, the matters mentioned in rule 9(2)(a)(ii), unless they have already included these in an outline statement; and
b
where rule 5(2) applies, within the period specified in paragraph (2) send a copy of their statement of case to the person concerned.
4
The local planning authority and each major participant shall in their statements of case identify each part of the applicant’s statement of case with which they agree and each part with which they do not agree, and shall state the reasons for each disagreement.
5
The Secretary of State shall, as soon as practicable after receipt of each statement of case received by him deposit it.
6
The applicant, the local planning authority and any major participant may in writing request from any other person who is required to provide a statement of case a copy of any document, or of the relevant part of any document, referred to in the list of documents comprised in that person’s statement of case; and any such document, or relevant part, shall be sent, as soon as practicable, to the person who requested it.
7
The Secretary of State may in writing require any other person who has notified him of an intention or wish to appear at the inquiry, to send to him 2 copies of their statement of case.
8
The Secretary of State shall as soon as practicable inform the person referred to in paragraph (7) of the name and address of every person to whom his statement of case is required to be sent.
9
The Secretary of State or the inspector may in writing require any person, who has sent to him a statement of case in accordance with this rule, to provide —
a
a specified number of additional copies of the statement; or
b
such further information about the matters contained in the statement as he may specify,
and may specify the time within which the copies or information shall be received by him.
10
Any person required to provide additional copies or further information shall —
a
ensure that the additional copies have been received by the Secretary of State or the inspector, as the case may be, within the specified time;
b
ensure that 2 copies of the further information have been received by the Secretary of State or the inspector, within the specified time; and the Secretary of State or the inspector shall, as soon as practicable after receipt, deposit that further information; and
c
as soon as reasonably practicable after sending the further information to the Secretary of State or the inspector, send a copy of it to every other person specified or referred to in rule 15(1).
11
Any person other than the applicant who sends a statement of case to the Secretary of State shall send with it a copy of —
a
any document; or
b
the relevant part of any document,
referred to in the list comprised in that statement, unless a copy of the document or part of the document in question is already available for inspection pursuant to paragraph (13).
12
The Secretary of State shall send a written statement of the matters referred to in rule 9(2)(a)(ii) to any person from whom he has required a statement of case.
13
The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of —
a
any statement of case, written comments, information or other document a copy of which has been sent to the local planning authority in accordance with this rule; and
b
the local planning authority’s statement of case together with a copy of any document, or of the relevant part of any document, referred to in the list comprised in that statement, and any written comments, information or other documents sent by the local planning authority pursuant to this rule,
subject to the payment by that person of a reasonable charge.
14
If the local planning authority, the applicant, major participant or any other person who sends a statement of case under this rule wish to comment on another person’s statement of case they shall —
a
ensure that within 4 weeks of its receipt 2 copies of their written comments have been received by the Secretary of State; and the Secretary of State shall, as soon as practicable after receipt, deposit such comments; and
b
as soon as practicable after sending their comments to the Secretary of State, send a copy of them to every other person specified or referred to in rule 15(1).
15
The Secretary of State shall, as soon as practicable after receipt, send to the inspector any statement of case, document or further information or written comments sent to him in accordance with this rule and received by him within the relevant period, if any, specified in this rule.
Inquiry timetable
12
1
The inspector shall at a pre-inquiry meeting held in accordance with rule 9 —
a
propose a timetable for the proceedings at, or at part of, an inquiry, and
b
specify the date by which any proof of evidence and summary sent in accordance with rule 17(1), and any statement of common ground sent in accordance with rule 18(1), shall be received by the Secretary of State,
and shall give written notice of the date so specified to every person entitled to appear at the inquiry.
2
The inspector shall, as soon as practicable after the pre-inquiry meeting referred to in paragraph (1), make recommendations to the Secretary of State on the proposed timetable.
3
The inspector shall no later than 4 weeks before the start of the inquiry send to every person entitled to appear at the inquiry a copy of the timetable for the proceedings approved by the Secretary of State.
4
The inspector may subsequently vary the timetable mentioned in paragraph (2) but he shall not do so before the start of the inquiry without the approval of the Secretary of State.
Notification of appointment of assessor
13
Where the Secretary of State appoints an assessor, he shall notify every person entitled to appear at the inquiry of the name of the assessor and of the matters on which he is to advise the inspector.
Date and notification of inquiry
14
1
The date fixed by the Secretary of State for the holding of an inquiry shall be, unless he considers such a date impracticable, not later than 10 weeks after the conclusion of the pre-inquiry meeting.
2
Where the Secretary of State considers it impracticable to fix a date in accordance with paragraph (1), the date fixed shall be the earliest date after the end of the period mentioned in that paragraph which he considers to be practicable.
3
Unless the Secretary of State agrees a lesser period of notice with the applicant and the local planning authority, he shall give not less than 4 weeks' written notice of the date, time and place fixed by him for the holding of an inquiry to every person entitled to appear at the inquiry.
4
The Secretary of State may vary the date fixed for the holding of an inquiry, whether or not the date as varied is within the period mentioned in paragraph (1); and paragraph (3) shall apply to a variation of a date as they applied to the date originally fixed.
5
The Secretary of State may vary the time or place for the holding of an inquiry and shall give such notice of any variation as appears to him to be reasonable.
6
The Secretary of State may in writing require the local planning authority to take one or more of the following steps —
a
not less than 2 weeks before the date fixed for the holding of an inquiry, to publish by local advertisement and in the London Gazette a notice of the inquiry;
b
to send a notice of the inquiry to such persons or classes of persons as he may specify, within such period as he may specify; or
c
to post a notice of the inquiry in such places near to the land, and within such period, as he may specify.
7
Where the land is under the control of the applicant he shall —
a
if so required in writing by the Secretary of State, affix a notice of the inquiry firmly to the land or to some object on or near the land, in such manner as to be readily visible to and legible by members of the public; and
b
not remove the notice, or cause or permit it to be removed, for such period before the inquiry as the Secretary of State may specify.
8
Every notice of inquiry published, sent or posted pursuant to paragraph (6), or affixed pursuant to paragraph (7), shall contain —
a
a clear statement of the date, time and place of the inquiry and of the powers enabling the Secretary of State to determine the application in question;
b
a written description of the land sufficient to identify approximately its location;
c
a brief description of the subject matter of the application; and
d
details of where and when copies of any documents sent by and copied to the local planning authority pursuant to rule 11 may be inspected.
9
A written notice shall be taken to have been given by the Secretary of State for the purposes of paragraph (3) where he and any person entitled to appear at the inquiry have agreed that notice of the matters mentioned in that paragraph may instead be accessed by that person via a website, and —
a
the notice is a notice to which that agreement applies;
b
the Secretary of State has published that notice on the website; and
c
not less than 4 weeks before the date fixed by the Secretary of State for the holding of the inquiry, the person is notified of —
i
the publication of the notice on the website;
ii
the address of the website; and
d
the place on the website where the notice may be accessed, and how it may be accessed.
Appearances at inquiry
15
1
The persons entitled to appear at an inquiry are —
a
the applicant;
b
the local planning authority;
c
any of the following bodies if the land is situated in their area and they are not the local planning authority —
i
a county or district council;
ii
a National Park authority established under section 63 of the Environment Act 1995 ;
iii
an enterprise zone authority designated under Schedule 32 to the Local Government, Planning and Land Act 1980 ;
iv
the Broads Authority, within the meaning of the Norfolk and Suffolk Broads Act 1988 ;
v
a housing action trust specified in an order made under section 67(1) of the Housing Act 1988 ;
vi
an urban development corporation established by order of the Secretary of State under section 135(1) of the Local Government, Planning and Land Act 1980;
d
where the land is in an area previously designated as a new town, the Commission for the New Towns;
e
any statutory party;
f
any major participant;
g
the council of the parish in which the land is situated, if that council made representations to the local planning authority in respect of the application in pursuance of a provision of a development order;
h
where the application was required to be notified to the Commission under section 14 of the Listed Buildings Act, the Commission; and
i
any other person who has sent a statement of case in accordance with rule 11(2).
2
Nothing in paragraph (1) shall prevent the inspector from permitting any other person to appear at an inquiry, and such permission shall not be unreasonably withheld.
3
Any person entitled or permitted to appear may do so on his own behalf or be represented by any other person.
Representatives of government departments and other authorities at inquiry
16
1
Where —
a
the Secretary of State or the Commission has given a direction described in rule 5(2)(a) or (b); or
b
the Secretary of State or any other Minister of the Crown or any government department, or any body falling within rule 15(1)(c), has expressed a view described in rule 5(2)(c) and the local planning authority have included the terms of the expression of view in a statement sent in accordance with rule 9(6); or
c
another Minister of the Crown or any government department has expressed a view described in rule 5(2)(c) and the Secretary of State has included its terms in a statement sent in accordance with rule 9(2),
the applicant, the local planning authority or a person entitled to appear may, not later than 4 weeks before the date of an inquiry, apply in writing to the Secretary of State for a representative of the Secretary of State or of the other Minister, department or body concerned to be made available at the inquiry.
2
Where an application is made in accordance with paragraph (1), the Secretary of State shall make a representative available to attend the inquiry or, as the case may be, send the application to the other Minister, department or body concerned, who shall make a representative available to attend the inquiry.
3
Any person attending an inquiry as a representative in pursuance of this rule shall state the reasons for the direction or expressed view and shall give evidence and be subject to cross-examination to the same extent as any other witness.
4
Nothing in paragraph (3) shall require a representative of a Minister or a government department to answer any question which in the opinion of the inspector is directed to the merits of government policy.
Proofs of evidence
17
1
Any person entitled to appear at an inquiry, who proposes to give, or to call another person to give evidence at the inquiry by reading a proof of evidence, shall send 2 copies of the proofs of evidence, in the case of the local planning authority and the applicant, or 3 copies in any other case, to the Secretary of State; and the Secretary of State shall, as soon as practicable after receipt, deposit each such proof of evidence.
2
Where a copy of a proof of evidence sent under paragraph (1) contains more than 1,500 words, it shall be accompanied by a written summary; and the Secretary of State shall deposit each such summary.
3
Where a person sends copies of a proof of evidence and summary (if any), that person shall at the same time send a copy to every other person specified or referred to in rule 15(1) unless the person so specified or referred to has indicated in writing that he does not require to be sent a copy.
4
The proof of evidence and any summary shall be received by the Secretary of State no later than the date specified by the inspector pursuant to rule 12(1)(b).
5
The Secretary of State shall send to the inspector, as soon as practicable after receipt, any proof of evidence together with any summary sent to him in accordance with this rule and received by him within the relevant period, if any, specified in this rule.
6
Where a written summary is provided in accordance with paragraph (2), only that summary shall be read at the inquiry, unless the inspector permits or requires otherwise.
7
Any person, required by this rule to send copies of a proof of evidence to the Secretary of State, shall send with them the same number of copies of the whole, or the relevant part, of any document referred to in the proof of evidence, unless a copy of the document or part of the document in question is already available for inspection pursuant to rule 11(13).
8
The Secretary of State or the inspector may in writing require any person who has sent a copy of a proof of evidence or summary in accordance with this rule to provide such additional copies of the proof or summary as he may specify and may specify the time within which the copy of the proof or summary shall be received by him.
9
Any person required to provide additional copies shall ensure that the copies have been received by the Secretary of State or inspector within the specified time.
Statement of common ground
18
1
The local planning authority and the applicant shall together prepare an agreed statement of common ground.
2
Where an agreed statement of common ground is prepared in accordance with paragraph (1), the applicant shall —
a
ensure that, by the date specified by the inspector under rule 12(1)(b), 2 copies of the statement have been received by the Secretary of State; and the Secretary of State shall, as soon as practicable after receipt, deposit that statement;
b
at the same time as he sends the statement to the Secretary of State, send a copy of it to every other person specified or referred to in rule 15(1)(c) to (i); and
c
afford to any other person who so requests a reasonable opportunity to inspect and, where practicable and on payment of a reasonable charge, take copies of the statement.
Procedure at inquiry
19
1
Except as otherwise provided in these Rules, the inspector shall determine the procedure at an inquiry.
2
At the start of the inquiry the inspector shall identify the matters to be considered at the inquiry, and any matters on which he requires further explanation from the persons entitled or permitted to appear.
3
Nothing in paragraph (2) shall preclude any person entitled or permitted to appear from referring to matters which they consider relevant to the consideration of the application but which were not matters identified by the inspector pursuant to that paragraph.
4
Unless in any particular case the inspector otherwise determines, the applicant shall begin and shall have the right of final reply; and the other persons entitled or permitted to appear shall be heard in such order as the inspector may determine.
5
A person entitled to appear at an inquiry shall be entitled to call evidence and the applicant, the local planning authority and any major participant shall be entitled to cross-examine persons giving evidence, but, subject to the foregoing and paragraphs (6) and (10), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the discretion of the inspector.
6
The inspector may refuse to permit the —
a
giving or production of evidence;
b
cross-examination of persons giving evidence; or
c
presentation of any other matter,
which he considers to be irrelevant or repetitious; but where he refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to him any evidence or other matter in writing before the close of the inquiry.
7
The inspector may refuse to permit the cross-examination of persons giving evidence, or may require such cross-examination to cease, if it appears to him that permitting such cross-examination or allowing it to continue (as the case may be) would have the effect that the timetable referred to in rule 12(2) could not be met.
8
Where a person gives evidence at an inquiry by reading a summary of his proof of evidence in accordance with rule 17(6) —
a
the proof of evidence referred to in rule 17(1) shall be treated as tendered in evidence, unless the person required to provide the summary notifies the inspector that he now wishes to rely on the contents of that summary alone; and
b
the person whose evidence the proof of evidence contains shall then be subject to cross-examination on it to the same extent as if it were evidence he had given orally.
9
The inspector may direct that facilities shall be afforded to any person appearing at an inquiry to take or obtain copies of documentary evidence open to public inspection.
10
The inspector may —
a
require any person appearing or present at an inquiry who, in his opinion, is behaving in a disruptive manner to leave; and
b
refuse to permit that person to return; or
c
permit him to return only on such conditions as he may specify,
but any such person may submit to him any evidence or other matter in writing before the close of the inquiry.
11
The inspector may allow any person to alter or add to a statement of case received by the Secretary of State or him under rule 11 or a proof of evidence received by the Secretary of State under rule 17 so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person entitled to appear who is appearing at the inquiry an adequate opportunity of considering any such alteration or addition.
12
The inspector may proceed with an inquiry in the absence of any person entitled to appear at it.
13
The inspector may take into account any written representation or evidence or any other document received by him from any person before an inquiry opens or during the inquiry provided that he discloses it at the inquiry.
14
The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry are announced at the inquiry before the adjournment, no further notice shall be required.
15
Any person who appears at an inquiry and makes closing submissions shall by the close of the inquiry provide the inspector with a copy of their closing submission in writing.
Site inspections
20
1
The inspector may make an unaccompanied inspection of the land before or during an inquiry without giving notice of his intention to the persons entitled to appear at the inquiry.
2
During an inquiry or after its close, the inspector —
a
may inspect the land in the company of the applicant and the local planning authority; and
b
shall make such an inspection if so requested by the applicant or the local planning authority before or during an inquiry.
3
In all cases where the inspector intends to make an accompanied site inspection he shall announce during the inquiry the date and time at which he proposes to make it.
4
The inspector shall not be bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in that paragraph is not present at the time appointed.
Procedure after inquiry
21
1
After the close of an inquiry, the lead inspector shall by such date as the Secretary of State may determine make a report in writing to the Secretary of State which shall include —
a
his consideration of the application;
b
the consideration by any additional inspector of the matters relating to the application which that additional inspector has been directed to consider;
c
his conclusions; and
d
his recommendations or his reasons for not making any recommendations.
2
Where the Secretary of State determines a date by which the lead inspector is to report to him, he shall give notice in writing of that determination to the lead inspector and to all persons entitled to appear at the inquiry.
3
Where an assessor has been appointed, he may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which he was appointed to advise.
4
Where an assessor makes a report in accordance with paragraph (3), the inspector shall append it to his own report and shall state in his own report how far he agrees or disagrees with the assessor’s report and, where he disagrees with the assessor, his reasons for that disagreement.
5
When making his decision the Secretary of State may disregard any written representations, evidence or any other document received after the close of the inquiry.
6
If, after the close of an inquiry, the Secretary of State —
a
differs from an inspector on any matter of fact mentioned in, or appearing to him to be material to, a conclusion reached by the inspector; or
b
takes into consideration any new evidence or new matter of fact (not being a matter of government policy),
and is for that reason disposed to disagree with a recommendation made by the lead inspector, he shall not come to a decision which is at variance with that recommendation without first notifying the persons entitled to appear at the inquiry who appeared at it of his disagreement and the reasons for it; and affording them an opportunity of making written representations to him or (if the Secretary of State has taken into consideration any new evidence or new matter of fact, not being a matter of government policy) of asking for the re-opening of the inquiry.
7
Those persons making written representations or requesting the inquiry to be re-opened under paragraph (6), shall ensure that such representations or requests are received by the Secretary of State within 3 weeks of the date of the Secretary of State’s notification under that paragraph.
8
The Secretary of State may, as he thinks fit, cause an inquiry to be re-opened, and he shall do so if asked by the applicant or the local planning authority in the circumstances mentioned in paragraph (6) and within the period mentioned in paragraph (7); and where an inquiry is re-opened (whether by the same or a different lead inspector) –
a
the Secretary of State shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further evidence is invited; and
b
paragraphs (3) to (9) of rule 14 shall apply as if the references to an inquiry were references to a re-opened inquiry.
Notification of decision
22
1
The Secretary of State shall, as soon as practicable, notify his decision on an application, and his reasons for it, in writing to —
a
all persons entitled to appear at the inquiry who did appear, and
b
any other person who, having appeared at the inquiry, has asked to be notified of the decision.
2
Notification in writing of a decision and reasons shall be taken to have been given to a person for the purposes of this rule where —
a
the Secretary of State and the person have agreed that decisions and reasons required under this rule to be given in writing may instead be accessed by that person via a website;
b
the decision and reasons are a decision and reasons to which that agreement applies;
c
the Secretary of State has published the decision and reasons on a website; and
d
the person is notified, in manner for the time being agreed between him and the Secretary of State, of —
i
the publication of the decision and reasons on a website;
ii
the address of the website; and
iii
the place on the website where the decision and reasons may be accessed, and how they may be accessed.
3
Where a copy of the lead inspector’s report is not sent with the notification of the decision, the notification shall be accompanied by a statement of his conclusions and of any recommendations made by him, and if a person entitled to be notified of the decision has not received a copy of that report, he shall be supplied with a copy of it on written application to the Secretary of State.
4
In this rule “report” includes any assessor’s report appended to an inspector’s report and an additional inspector’s report appended to the lead inspector’s report but does not include any other documents so appended; but any person who has received a copy of the report may apply to the Secretary of State in writing, within 6 weeks of the date of the Secretary of State’s decision, for an opportunity of inspecting any such documents and the Secretary of State shall afford him that opportunity.
5
Any person applying to the Secretary of State under paragraph (3) shall ensure that his application is received by the Secretary of State within 4 weeks of the Secretary of State’s determination.
Procedure following quashing of decision
23
1
Where a decision of the Secretary of State on an application in respect of which an inquiry has been held is quashed in proceedings before any court, the Secretary of State —
a
shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further representations are invited for the purposes of his further consideration of the application;
b
shall afford to those persons the opportunity of making written representations to him in respect of those matters or of asking for the re-opening of the inquiry; and
c
may, as he thinks fit, cause the inquiry to be reopened (whether by the same or a different lead inspector).
2
Where the Secretary of State causes an inquiry to be re-opened, paragraphs (3) to (9) of rule 14 shall apply in relation to the re-opened inquiry as if references in those paragraphs to an inquiry were references to the re-opened inquiry.
3
Those persons making representations or asking for the inquiry to be re-opened under paragraph (1)(b) shall ensure that such representations or requests are received by the Secretary of State within 3 weeks of the date of the written statement sent under paragraph (1)(a).
Allowing further time
24
The Secretary of State may at any time in any particular case allow further time for the taking of any step which is required or enabled to be taken by virtue of these Rules, and references in these Rules to a day by which, or a period within which, any step is required or enabled to be taken shall be construed accordingly.
Additional copies
25
1
The Secretary of State may at any time before the close of an inquiry request from any person entitled to appear additional copies of the following —
a
an outline statement sent in accordance with rule 9;
b
a statement of case or comments sent in accordance with rule 11;
c
a proof of evidence sent in accordance with rule 17; or
d
any other document or information sent to the Secretary of State before or during an inquiry,
and may specify the time within which such documents should be received by him.
2
Any person so requested shall ensure that the copies are received by the Secretary of State within the period specified.
Sending of notices and inspection of documents
26
1
Notices or documents required or authorised to be sent under these Rules may be sent —
a
by post; or
b
by using electronic communications to send or supply the notice or document (as the case may be) to a person at such address as may for the time being be specified by the person for that purpose.
2
Where the local planning authority is under an obligation to afford to any person who so requests an opportunity to inspect and take copies of any document, an opportunity shall be taken to have been afforded to a person where the person is notified of —
a
publication of the relevant document on a website;
b
the address of the website; and
c
the place on the website where the document may be accessed, and how it may be accessed.
Mayor of London
27
The modifications referred to in rule 1(3) are —
a
in rule 2(1) after the definition of “major participant” insert —
“Mayor” means the Mayor of London;
;
b
in rule 2(2) after sub-paragraph (a) insert —
aa
the Mayor;
;
c
in rule 4 after “the applicant” insert “, the Mayor”;
d
in rule 5 —
i
in paragraph (1) after “inform the Secretary of State” and after “inform the applicant” insert “, the Mayor”;
ii
in paragraph (2) after sub-paragraph (d) insert —
; or
e
the Mayor has given to the local planning authority a direction to refuse the application for planning permission.
;
e
in rule 9 in paragraphs (4) and (10) after “the applicant” in each place where those words appear, insert “, the Mayor”;
f
in rule 11 —
i
in paragraph (2) after “The local planning authority” insert “, the Mayor”; and
ii
in paragraph (14) after the first reference to “the local planning authority” insert “, the Mayor”;
g
in rule 14(3) after “the applicant” insert “, the Mayor”;
h
in rule 15(1) after paragraph (i) insert —
; and
j
the Mayor in relation to an inquiry arising from an application in respect of which he has given to the local planning authority a direction to refuse the application.
;
i
in rule 16(1) —
i
after paragraph (c) insert —
or
d
the Mayor has given to the local planning authority a direction to refuse the application for planning permission,
; and
ii
after “body concerned” insert “or of the Mayor”;
j
in rule 16(2) after “department” insert “, the Mayor”;
k
in rule 17(1) —
i
after “the local planning authority” insert “, the Mayor”;
ii
for “2” substitute “3”; and
iii
for “3” substitute “4”;
l
in rule 18(1) after “The local planning authority” insert “, the Mayor”;
m
in rule 19(5) after “the local planning authority” insert “, the Mayor”;
n
in rule 21(8) after “the applicant” insert “, the Mayor”.
Revocation, savings and transitional
28
1
Subject to paragraph (2), the Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2002 (“the 2002 Rules ”) are hereby revoked to the extent that they apply to any local inquiry to which these Rules apply.
2
Subject to paragraph (3) the 2002 Rules shall continue to apply in relation to any application which has not been determined on the date when these Rules come into force.
3
Where a decision of the Secretary of State on an application in relation to a major infrastructure project to which the 2002 Rules applied is subsequently quashed in proceedings before any court, the application shall be re-determined in accordance with these Rules.
Signed by authority of the Lord Chancellor
Baroness Ashton of Upholland
Parliamentary Under Secretary of State
Department for Constitutional Affairs
27th July 2005


text:
Citation and commencement
1
These Regulations may be cited as the Day Care and Child Minding (Functions of Local Authorities: Information, Advice and Training) (England) (Amendment) Regulations 2005 and shall come into force on 3rd October 2005.
National standards
2
For the Schedule to the Day Care and Child Minding (Functions of Local Authorities: Information, Advice and Training) (England) Regulations 2001 there shall be substituted the Schedule to these Regulations.
Beverley Hughes
Minister of State
Department for Education and Skills


text:
Citation and commencement
1
This Order may be cited as the East Somerset Railway Order 2005 and shall come into force on 1st December 2005.
Interpretation
2
1
In this Order —
“electronic communications apparatus” has the same meaning as in the electronic communications code;
“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the Communications Act 2003 ;
“the lease” means any lease of the railways granted by the owner to the undertaker pursuant to Article 3(1) of this Order;
“the owner” means BRB (Residuary) Limited;
“the railways” means the railways described in the Schedule to this Order together with all lands and works relating thereto, to the extent that the same are vested in the owner at the date upon which this Order comes into force, and are held or used by the owner for the purposes of its railway undertaking;
“the transfer date”, in relation to any part of the railways, means the date on which that part is leased or sold by the owner to the undertaker under Article 3;
“the undertaker” means East Somerset Railway Company Limited, a company incorporated under the Companies Act 1985 as a company limited by guarantee, and whose registered office is at Cranmore Railway Station, Shepton Mallet, Somerset, BA4 4QP.
2
All distances, lengths, measurements and directions stated in any description of powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement and direction, and distances between points on a railway shall be taken to be measured along the railway.
Transfer of railways to undertaker
3
1
The owner may lease the railways or any part of the railways to the undertaker on such terms and conditions as may be agreed between the owner and the undertaker.
2
The owner and the undertaker may also enter into, and carry into effect, agreements providing for the sale to, and vesting in, the undertaker of the railways or any part of the railways on such terms and conditions as may be agreed between the owner and the undertaker.
3
Except as may be otherwise provided in this Order, as from the transfer date the railways or any part thereof shall continue to be subject to all statutory and other provisions applicable to the railways at that date (insofar as the same are still subsisting and capable of taking effect) and the undertaker shall, to the exclusion of the owner, be entitled to the benefit of, and to exercise, all rights, powers and privileges, and be subject to all obligations, statutory or otherwise, relating to the railways (insofar as the same are still subsisting and capable of taking effect), to the intent that the owner shall be released from all such obligations.
4
Paragraph (3) shall have effect during the term of the lease and from the operative date of any sale, under paragraph (2).
5
Any enactment by which the railways were authorised shall have effect subject to the provisions of this Order.
Transfer of railways by undertaker
4
1
The undertaker may, with the consent of the Secretary of State —
a
transfer to another person (“the transferee”) its right to construct, maintain, use or operate the authorised works (or any part of them) and such related statutory rights as may be agreed between the undertaker and the transferee; or
b
grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee the right to construct, maintain, use or operate the authorised works (or any part of them) and such related statutory rights as may be so agreed.
2
Where an agreement has been made by virtue of paragraph (1), references in this Order to the undertaker shall include references to the transferee or the lessee.
3
The exercise of the powers conferred by any enactment by any person in pursuance of any transfer or grant under paragraph (1) shall be subject to the same restrictions, liabilities and obligations as would apply under this Order if those powers were exercised by the undertaker.
Operation of the railways
5
1
The undertaker may operate and use the railways as a system, or part of a system, of transport for the carriage of passengers and goods.
2
Subject to paragraphs (3) and (4), the motive power to be used on the railways shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may, in writing, approve.
3
Nothing in this Order shall authorise the use of electric power as motive power on the railways unless such power is obtained from storage batteries or from a source of generation entirely contained in, and carried along with, the engines and carriages.
4
If electrical power is used as motive power on the railways, such electrical power shall not be used in such a manner as to cause, or be likely to cause, any interference with any electronic communications apparatus or with the use of such apparatus.
Maintenance of approved works, etc.
6
1
Where pursuant to regulations made under section 41 of the 1992 Act (approval of works, plant and equipment) approval has been obtained from the Health and Safety Executive with respect to any works, plant or equipment (including vehicles) forming part of the railways, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the railways.
2
If without reasonable cause the provisions of paragraph (1) are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by, or with the consent of, the Health and Safety Executive or the Director of Public Prosecutions.
Signed by authority of the Secretary of State for Transport
Ellis Harvey
Head of the Transport and Works Act Orders Unit,
Department for Transport
10th November 2005


text:
Citation and commencement
1
These Regulations may be cited as the Registered Pension Schemes (Audited Accounts) (Specified Persons) Regulations 2005 and shall come into force on 6th April 2006.
Specified descriptions of persons in relation to the audit of registered pension scheme accounts
2
In relation to the audit of the accounts of a registered pension scheme, the following descriptions of person are specified namely —
a
a person specified in section 25 of the Companies Act 1989 or Article 28 of the Companies (Northern Ireland) Order 1990 (eligibility as a scheme auditor); and
b
a person eligible for appointment as a scheme auditor under section 47(1) of the Pensions Act 1995 or Article 47(1) of the Pensions (Northern Ireland) Order 1995 (professional advisers) .
This is subject to regulation 3.
Circumstances in which a person specified under regulation 2 is not to audit scheme accounts
3
Notwithstanding regulation 2, a person shall not be a registered pension scheme’s auditor if he is —
a
a member of the scheme;
b
employed under a contract of service by the scheme administrator;
c
an employer in relation to the scheme; or
d
ineligible, by virtue of section 27 of the Companies Act 1989, to audit the accounts of a company which is an employer in relation to the scheme.
D. A. Hartnett
M. J. Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
14th December 2005