text:
Citation, commencement and extent
1
1
This Order may be cited as the Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005.
2
In this Order —
a
paragraph 4 of Part 1 of the Schedule shall come into force, for the purposes only of making regulations under section 62 of the Social Security Contributions and Benefits Act 1992 ;
b
paragraph 5(6) and (12) of Part 1 of the Schedule shall come into force, for the purposes only of making regulations under paragraphs 3C and 7B of Schedule 5 to the Social Security Contributions and Benefits Act 1992 ; and
c
paragraph 26 of Part 5 of the Schedule shall come into force, for the purposes only of making regulations under section 52(2) of the Welfare Reform and Pensions Act 1999 ,
on the day following that on which this Order is made.
3
Subject to paragraph (2), this Order shall come into force on 5th December 2005.
4
This Order extends to England and Wales and Scotland except paragraph 27(c) of Part 6 of the Schedule and Article 2 in so far as it relates to that paragraph, which extend to Northern Ireland.
Amendments of legislation
2
The Schedule, which contains amendments of provisions of Acts relating to pensions and benefit payments, extending those provisions to civil partners and surviving civil partners, shall have effect.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
25th July 2005


type: legislation

jurisdiction: UK

text:
Title, commencement, extent and application
1
1
This Order may be cited as the Dutch Potatoes (Notification) (England) Order 2005 and shall come into force on 7th March 2005.
2
This Order extends to England and Wales but applies only in relation to England.
Interpretation
2
In this Order —
“Dutch potato” means any potato which was grown in the Netherlands during 2004 or subsequently;
“Dutch seed potato” means any Dutch potato intended for planting;
“inspector” means any person authorised to be an inspector for the purposes of the principal Order ;
“potato” means any tuber or true seed or any other plant of Solanum tuberosum L. or other tuber-forming species or hybrid of the genus Solanum L.;
“premises” has the same meaning as in the principal Order; and
“the principal Order” means the Plant Health (Great Britain) Order 1993 .
Notification of imports
3
1
No person shall, in the course of business, import into England potatoes which he knows to be or has reasonable cause to suspect to be Dutch potatoes unless he has given written notification to an inspector, at least two days prior to the intended date of introduction into England of the potatoes, of his intention to import the potatoes and of —
a
the proposed time, date and means of introduction;
b
the proposed point of entry into England;
c
the intended use of the potatoes;
d
the proposed destination of the potatoes;
e
the variety of the potatoes;
f
the quantity of potatoes; and
g
the producer’s identification number.
2
Any person who, after 1st September 2004 and before the coming into force of this Order, imported, in the course of business, Dutch seed potatoes into England shall, so far is as reasonably practicable and no later than 21st March 2005, give written notification to an inspector of —
a
the date the potatoes were imported;
b
the point of entry;
c
the intended use of the potatoes;
d
the destination or proposed destination of the potatoes;
e
the variety of the potatoes;
f
the quantity of potatoes; and
g
the producer’s identification number.
Powers of an inspector
4
1
The provisions of this article are without prejudice to the circumstances in which an inspector may by virtue of the principal Order exercise the powers conferred by that Order.
2
If an inspector knows or has reasonable grounds for suspecting that any Dutch potatoes are likely to be, or have been, landed in England in contravention of article 3(1), he may —
a
for the purpose of checking compliance with the principal Order; or
b
for the purpose of exercising any of his powers under paragraph (4),
and on production of his authority if so required, take the steps in paragraph (3).
3
The steps referred to in paragraph (2) are —
a
to require any person, including any person in charge of the vessel, aircraft, vehicle, hovercraft or freight container from which the potatoes are likely to be landed or have been landed, to move the potatoes to any premises; or
b
to prohibit any such person from moving, treating or destroying the potatoes or any container or package.
4
For the purpose of checking compliance with this Order, an inspector may, on production of his authority if so required and at all reasonable times, enter any premises, other than premises used wholly or mainly as a dwelling, and —
a
examine, photograph or mark any part of the premises or any object on the premises, including any potatoes;
b
take samples of or from any potatoes or any container or package; and
c
inspect, make copies of or, for the purpose of making copies, remove any documents or records (in whatever form they may be held) relating to the production of or trade in any potatoes.
5
An inspector may, for the purpose of exercising any of his powers under paragraph (4), open, or authorise any person to open on his behalf, any container or package or require the owner or any person in charge of any container or package to open it, in such manner as the inspector may specify.
6
Where any such document or record as is mentioned in paragraph (4)(c) is kept by means of a computer, an inspector may —
a
have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the document or record; and
b
require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.
Offences
5
1
A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him —
a
he contravenes or fails to comply with a requirement of article 3; or
b
he intentionally obstructs an inspector or any person authorised by an inspector in exercise of his powers under article 4.
2
A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
9th February 2005


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Registered Pension Schemes and Employer-Financed Retirement Benefits Schemes (Information) (Prescribed Descriptions of Persons) Regulations 2005 and shall come into force on 6th April 2006.
2
In these Regulations any reference, without more, to a numbered section, is a reference to the section of the Finance Act 2004 which is so numbered.
Prescribed descriptions of persons for the purposes of section 252 of the Finance Act 2004
2
1
For the purposes of section 252 (notices requiring documents or particulars about registered pension schemes and employer-financed retirement benefit schemes) the prescribed descriptions of persons are those prescribed in the following paragraphs.
For the purposes of this regulation “the relevant period” means the period which —
a
begins with the time at which occurred the event in relation to which information is required by the notice under section 252, and
b
ends with the end of the sixth tax year following that in which that event occurred.
2
In relation to a pension scheme referred to in subsection (3)(a), (b) or (c) of section 252 the prescribed descriptions of person are —
a
any person who is, or at any time during the relevant period has been, the scheme administrator,
b
any person who is, or at any time during the relevant period has been, a trustee of the scheme,
c
any person who is, or at any time during the relevant period has been, a sponsoring employer in relation to the scheme, and
d
any person who is, or at any time within the relevant period has been, a member of the scheme,
in respect of which the notice is given.
3
In relation to an annuity purchased with sums or assets held for the purposes of a registered pension scheme, the prescribed description of person is the insurance company or other person from whom the annuity has been purchased.
4
In relation to an employer-financed retirement benefits scheme, the prescribed description of person —
a
for the purposes of section 252(3)(e), is the responsible person at the time the scheme comes into operation; and
b
for the purposes of section 252(3)(f) is the responsible person at the time that the notice under that section is issued.
5
For the purposes of paragraph (4) —
a
a scheme “comes into operation” on whichever is the first date, on or after that on which these Regulations come into force on which —
i
an employer makes a contribution to that scheme; or
ii
relevant benefits are provided; and
b
“responsible person” has the meaning given in section 399A of the Income Tax Earnings and Pensions Act 2003 .
D. A. Hartnett
M. J. Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
14th December 2005


text:
INTRODUCTORY
Citation, commencement, extent and application
1
1
This Order may be cited as the Democratic Republic of the Congo (United Nations Measures) (Channel Islands) Order 2005 and shall come into force on 9th June 2005.
2
If the Security Council of the United Nations takes any decision which has the effect of cancelling, extending, or suspending the operation of resolution 1596 (2005) adopted by it on 18th April 2005, in whole or in part, this Order shall cease to have effect or its operation shall be suspended, in whole or in part, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
3
This Order shall extend to the Channel Islands so as to be law, respectively in Guernsey and Jersey.
4
Articles 3, 4 and 5 apply to any person within Guernsey or, as the case may be, Jersey and to any person elsewhere who —
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British National (Overseas), a British subject or a British protected person and is ordinarily resident in Guernsey or, as the case may be, Jersey; or
b
is a body incorporated or constituted under the law of any part of Guernsey or, as the case may be, Jersey.
Interpretation
2
1
In this Order unless the context otherwise requires —
“Attorney General” means —
in the application of this Order to Guernsey, the Attorney General or the Solicitor General for Guernsey; and
in the application of this Order to Jersey, the Attorney General for Jersey;
“States Revenue Officer”, in the application of this Order to Guernsey, has the meaning it bears in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972, as amended; and “States Revenue Officer” in the application of this Order to Jersey, means the Agent of the Impôts and any officer of the Impôts (and any person authorised by the Agent of the Impôts);
“designated person” means an individual designated by the Committee established by paragraph 3(a) of resolution 1533 (2004) adopted by the Security Council of the United Nations on 12th March 2004;
“direction” means a direction under article 4(1);
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“funds, other financial assets or economic resources” means financial assets and economic benefits of any kind, including (but not limited to) gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments; deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts); interest, dividends or other income on or value accruing from or generated by assets; credit, rights of set-off, guarantees, performance bonds or other financial commitments; letters of credit, bills of lading, bills of sale; documents evidencing an interest in funds or financial resources, and any other instrument of export financing;
“Guernsey” means the Bailiwick of Guernsey;
“Jersey” means the Bailiwick of Jersey; and
“licensing authority” means —
in the case of Guernsey, the Attorney General of Guernsey; and
in the case of Jersey, the Policy and Resources Committee of the States of Jersey;
“police officer” means —
in relation to Guernsey, Herm and Jethou a member of the salaried police force of the Island of Guernsey, and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;
in relation to Sark, the constable, the Vingtenier and a member of the said police force of the Island of Guernsey; and
in relation to Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;
“relevant institution” means —
in the application of this Order to Guernsey, a financial services business within the meaning of section 49 of and the Schedule to the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law 1999;
in the application of this Order to Jersey, a financial services business within the meaning of Article 36(1) and the Second Schedule to the Proceeds of Crime (Jersey) Law 1999;
“the standard scale” means —
in the application of this Order to Guernsey, the uniform scale of fines specified for the time being in section 1 of the Uniform Scale of Fines (Bailiwick of Guernsey) Law 1989, as amended, and
in the application of this Order to Jersey, the standard scale of fines specified for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993, as amended;
2
For the purposes of identifying a “designated person” referred to in paragraph (1) of this article, the licensing authority shall ensure that a list containing the names and other particulars of such designated persons be maintained and circulated in Guernsey or as the case may be Jersey as necessary from time to time.
3
Any reference to an Act of Parliament of the United Kingdom shall, in the case of a provision which has been extended to the Channel Islands or otherwise applies to the Channel Islands, be construed as a reference to that provision as it has effect there.
MAKING FUNDS AVAILABLE AND FREEZING OF FUNDS
Making funds, other financial assets or economic resources available to any designated person
3
Any person who, except under the authority of a licence granted by the licensing authority under this article, makes any funds, other financial assets or economic resources available to or for the benefit of any designated person shall be guilty of an offence.
Freezing of funds, other financial assets or economic resources
4
1
Where the licensing authority has reasonable grounds for suspecting that the person by, for or on behalf of whom any funds, other financial assets or economic resources are held is or may be a designated person, the licensing authority may by notice direct that those funds, other financial assets or economic resources are not to be made available to any person or entity except under the authority of a licence granted by the licensing authority under article 3.
2
A notice given under paragraph (1) shall specify either —
a
the period for which it is to have effect; or
b
that the direction is to have effect until it is revoked by notice under paragraph (3).
3
The licensing authority may by notice revoke a notice given under paragraph (1) at any time.
4
The expiry or revocation of a direction shall not affect the application of article 3 in respect of the funds, other financial assets or economic resources in question.
5
A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds, other financial assets or economic resources in question (“the recipient”), and shall require the recipient to send a copy of the notice without delay to the person whose funds they are, or on whose behalf they are held (“the owner”).
6
A recipient shall be treated as complying with the requirement under paragraph 5 if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
7
Where a notice has been given under paragraph (1), any person by, for or on behalf of whom those funds, other financial assets or economic resources are held may apply to the Royal Court for the notice to be set aside; and on such application the court may set aside the direction.
8
A person who makes an application under paragraph (7) shall give a copy of the application and any witness statement or affidavit in support to the licensing authority (and to any other person by, for or on behalf of whom those funds, other financial assets or economic resources are held), not later than seven days before the date fixed for the hearing of the application.
9
Any person who contravenes a direction under paragraph (1) is guilty of an offence.
10
A recipient who fails to comply with such a requirement as is mentioned in paragraph (5) is guilty of an offence.
Facilitation of activities prohibited under article 3 or 4(9)
5
Any person who knowingly and intentionally engages in any activities the object or effect of which is to enable or facilitate the commission (by that person or another) of an offence under article 3 or 4(9) is guilty of an offence.
Failure to disclose knowledge or suspicion of measures
6
1
A relevant institution is guilty of an offence if —
a
it knows or suspects that a person who is, or has been at any time since the coming into force of this Order, a customer of the institution, or is a person with whom the institution has had dealings in the course of its business since that time —
i
is a designated person; or
ii
has committed an offence under article 3, 4(9), 5 or 7(2); and
b
it does not disclose to the licensing authority the information or other matter on which the knowledge or suspicion is based as soon as is reasonably practicable after that information or other matter comes to its attention.
2
Where a relevant institution discloses to the licensing authority —
a
its knowledge or suspicion that a person is a designated person or a person who has committed an offence under article 3, 4(9), 5 or 7(2), or
b
any information or other matter on which that knowledge or suspicion is based,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
GENERAL
Offences in connection with applications for licences, conditions attaching to licences, etc
7
1
If for the purposes of obtaining any licence under this Order any person makes any statement, or furnishes any document or information which to his knowledge is false in a material particular, or recklessly makes any statement or furnishes any document or information which is false in a material particular, he shall be guilty of an offence.
2
Any person who has done any act under the authority of a licence granted by the licensing authority under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the licensing authority after the doing of the act authorised by the licence.
Obtaining of evidence and information
8
The provisions of part 2 of the Schedule to this Order shall have effect in order to facilitate the obtaining, by or on behalf of the Attorney General, the licensing authority or, in the case of Jersey, a States Revenue Officer —
a
of the evidence and information for the purpose of securing compliance with or detecting evasion of —
i
this Order in the Bailiwick in question; or
ii
any law making provision with respect to any of the matters regulated by this Order that is in force in the other Bailiwick to which this Order applies, the United Kingdom, the Isle of Man or any territory listed in part 1 of the Schedule to this Order; and
b
of evidence of the commission of —
i
in the Bailiwick in question, an offence under this Order or, with respect to any of the matters regulated by this Order, an offence relating to customs; or
ii
with respect to any of those matters, an offence under the law of the other Bailiwick to which this Order applies, the United Kingdom, the Isle of Man or any territory listed in part 1 of Schedule to this Order.
Penalties and Proceedings
9
1
Any person guilty of an offence under article 3, 4(9), or 5 shall be liable in Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
and in Jersey, on conviction to imprisonment for a term not exceeding seven years, or to a fine, or to both.
2
Any person guilty of an offence under paragraph 5(b) or (d) in part 2 of the Schedule to this Order shall be liable in Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
and in Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or both.
3
Any person guilty of an offence under article 7(1) or (2) shall be liable in Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding level 5 on the standard scale;
and in Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
4
Any person guilty of an offence under articles 4(10) or 6(1) or paragraph 5(a) or (c) in part 2 of the Schedule to this Order shall be liable —
a
in Guernsey on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both;
b
in Jersey, on conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 4 on the standard scale.
5
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.
6
Summary proceedings for an offence under this Order in its application to Guernsey may be taken before the appropriate court in the Bailiwick having jurisdiction in the place where that person is for the time being.
7
No proceedings for an offence under this Order shall be instituted except by or with the consent of the Attorney General:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers of the licensing authority
10
1
The licensing authority may, to such extent and subject to such restrictions and conditions as he or it may think proper, delegate or authorise the delegation of any of his or its powers under this Order (other than the power to give authority under part 2 of the Schedule to this Order to apply for a search warrant) to any person, or class or description of persons, approved by him, and references in this Order to the licensing authority shall be construed accordingly.
2
Any licences granted under this Order shall be in writing and may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement, revocation and application
1
1
These Regulations may be cited as the Day Care and Child Minding (Registration Fees) (England) Regulations 2005 and shall come into force on 3rd October 2005.
2
The Child Minding and Day Care (Registration and Annual Fees) Regulations 2001 are revoked.
3
These Regulations apply only in relation to England.
Interpretation
2
In these Regulations “ the Act ” means the Children Act 1989.
Applications for registration
3
1
Where an application is made by a person for registration for child minding, the prescribed fee for the purposes of section 79E(2)(c) of the Act is £14.
2
Where an application is made by any person for registration for providing day care on any premises, the prescribed fee for the purposes of section 79E(2)(c) of the Act is —
a
£121 where the applicant provides or is to provide day care for a continuous period of 4 hours or more in any day; and
b
£14 where the applicant does not provide or is not to provide day care for a continuous period of 4 hours or more in any day.
Periodic fees
4
1
The prescribed time for the purposes of paragraph 7 of Schedule 9A to the Act is one calendar year from date of registration and at intervals of one calendar year thereafter.
2
The prescribed fees for the purposes of paragraph 7 of Schedule 9A to the Act are —
a
£11, in the case of a childminder;
b
£94, in the case of a provider of day care who provides day care for a continuous period of 4 hours or more in any day;
c
£11, in the case of a provider of day care who does not provide day care for a continuous period of 4 hours or more in any day.
Fee payable for issue of copy certificate where original has been lost or destroyed
5
The prescribed fee for the purposes of paragraph 6(4) of Schedule 9A to the Act is £5.00.
Beverley Hughes
Minister of State
Department for Education and Skills
16th August 2005


text:
Citation
1
This Order may be cited as the Our Lady of Walsingham Catholic Primary School (Designation as having a Religious Character) Order 2005.
Designation of School
2
1
The Our Lady of Walsingham Catholic Primary School, Occupation Road, Corby, Northamptonshire, NN17 1EE, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Roman Catholic.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
9th June 2005


text:
Citation, commencement and extent
1
1
This Order may be cited as the Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No. 2) Order 2005 and shall come into force on 4th April 2005.
2
This Order extends to England and Wales and Northern Ireland only.
Interpretation
2
In this Order —
“ the Act ” means the Gender Recognition Act 2004; and
“the subject”, in relation to any protected information, means the person to whom the information relates.
Disclosure for purpose of obtaining legal advice
3
It is not an offence under section 22 of the Act to disclose protected information for the purpose of obtaining legal advice.
Disclosure for religious purposes
4
1
It is not an offence under section 22 of the Act for a person who acquired protected information in an official capacity in relation to an organised religion to disclose that information to any other person acting in such a capacity if the conditions set out in paragraphs (2) and (where applicable) (3) are met.
2
The first condition is that the disclosure is made for the purpose of enabling any person to make a decision —
a
whether to officiate at or permit the marriage of the subject;
b
whether the marriage of the subject is valid or should be annulled or dissolved;
c
whether to admit or appoint the subject —
i
as a minister of religion,
ii
to any employment, office or post for purposes of an organised religion,
iii
to any religious order or community associated with an organised religion, or
iv
to membership (or any category of membership) of an organised religion;
d
whether any admission or appointment mentioned in sub-paragraph (c) is valid or should be suspended, terminated or revoked; or
e
whether the subject is eligible to receive or take part in any religious sacrament, ordinance or rite, or take part in any act of worship or prayer, according to the practices of an organised religion.
3
The second condition is that, if the disclosure is made for the purpose of enabling any person to make a decision of the kind mentioned in paragraph (2)(c), (d) or (e), the person making the disclosure reasonably considers that that person may need the information in order to make a decision which complies with the doctrines of the religion in question or avoids conflicting with the strongly held religious convictions of a significant number of the religion’s followers.
4
It is not an offence under section 22 of the Act for a person who acquired protected information in an official capacity in relation to an organised religion to disclose that information to any person responsible for supervising him in relation to a decision of the kind mentioned in paragraph (2).
Disclosure for medical purposes
5
1
It is not an offence under section 22 of the Act to disclose protected information if —
a
the disclosure is made to a health professional;
b
the disclosure is made for medical purposes; and
c
the person making the disclosure reasonably believes that the subject has given consent to the disclosure or cannot give such consent.
2
“Medical purposes” includes the purposes of preventative medicine, medical diagnosis and the provision of care and treatment.
3
“Health professional” means any of the following —
a
a registered medical practitioner;
b
a registered dentist within the meaning of section 53(1) of the Dentists Act 1984 ;
c
a registered pharmaceutical chemist within the meaning of section 24(1) of the Pharmacy Act 1954 or a registered person within the meaning of article 2(2) of the Pharmacy (Northern Ireland) Order 1976 ;
d
a registered nurse;
e
a person who is registered under the Health Professions Order 2001 as a paramedic or operating department practitioner;
f
a person working lawfully in a trainee capacity in any of the professions specified in this paragraph.
Credit reference agencies
6
1
It is not an offence under section 22 of the Act to disclose protected information if —
a
the disclosure is made by or on behalf of a credit reference agency;
b
the information consists of information contained in an order of a court or tribunal; and
c
if the credit reference agency has been informed that a full gender recognition certificate has been issued to the subject, the disclosure also contains that information.
2
It is not an offence under section 22 of the Act, when making a disclosure under paragraph (1), also to disclose protected information obtained from an electoral register.
3
“Credit reference agency” has the meaning given in section 145(8) of the Consumer Credit Act 1974 .
Insolvency
7
1
It is not an offence under section 22 of the Act to disclose protected information if —
a
the disclosure is made by or to a relevant officeholder;
b
the disclosure is necessary for the relevant officeholder to perform functions under the Bankruptcy (Scotland) Act 1985 , the Insolvency Act 1986 , the Company Directors Disqualification Act 1986 , the Insolvency (Northern Ireland) Order 1989 or the Company Directors Disqualification (Northern Ireland) Order 2002 ; and
c
if the person making the disclosure knows or believes that a full gender recognition certificate has been issued to the subject, the disclosure also contains that information.
2
“Relevant officeholder” means —
a
a person acting as an insolvency practitioner within the meaning given by section 388 of the Insolvency Act 1986 or article 3 of the Insolvency (Northern Ireland) Order 1989;
b
the official receiver within the meaning given by section 399(1) of the Insolvency Act 1986 or article 2 of the Insolvency (Northern Ireland) Order 1989, in whatever capacity he is acting; or
c
the Accountant in Bankruptcy within the meaning of the Bankruptcy (Scotland) Act 1985.
Revocation
8
The Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) Order 2005 is revoked.
Signed by authority of the Secretary of State
Cathy Ashton
Parliamentary Under-Secretary of State
Department for Constitutional Affairs
23rd March 2005


text:
1
This Order may be cited as the Trade in Controlled Goods (Embargoed Destinations) (Amendment) Order 2005 and shall come into force on 28th March 2005.
2
The Trade in Controlled Goods (Embargoed Destinations) Order 2004 shall be amended as set out in this Order.
3
In article 11, at the end there shall be added the following —
4
Section 138 of the Customs and Excise Management Act 1979 (provision as to arrest of persons) shall apply to any person who has committed, or in respect of whom there are reasonable grounds to suspect of having committed, an offence for which he is liable to be arrested under article 8(2) of this Order as that section applies to the arrest of any person for offences for which he is liable to be arrested under the customs and excise Acts.
5
Section 77A of the Customs and Excise Management Act 1979 (provision as to information powers) shall apply to any person concerned in an activity requiring a licence under this Order as it applies to any person who is concerned in exportation of goods for which an entry is required by or under that Act, and accordingly references in section 77A of the Customs and Excise Management Act 1979 to exportation shall be read as including any activity requiring a licence under this Order.
Nigel Griffiths
Parliamentary Under Secretary of State for Small Business and Enterprise,
Department of Trade and Industry
2nd March 2005


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service Appointments Commission (Establishment and Constitution) (Amendment) Order 2005 and shall come into force on 1 st September 2005.
2
This Order applies in relation to England.
3
In this Order “the principal Order ” means the National Health Service Appointments Commission (Establishment and Constitution) Order 2001 .
Amendment of article 3 of the principal Order
2
In article 3 of the principal Order (functions of the commission), after sub-paragraph (v), insert the following —
vi
trustees for NHS foundation trusts all or most of whose hospitals, establishments and facilities are situated in England;
.
Signed by authority of the Secretary of State for Health
Warner
Minister of State,
Department of Health
13th July 2005


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration (Procedure for Marriage) Regulations 2005 and shall come into force on 1st February 2005.
2
In these Regulations, “the 2004 Act ” means the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.
Specified registration districts in England and Wales
3
The registration districts in England and Wales listed in Schedule 1 are specified for the purposes of section 19(2)(a) of the 2004 Act.
Prescribed registration districts in Scotland
4
Every registration district in Scotland is prescribed for the purposes of section 21(2)(a) of the 2004 Act.
Prescribed registrars in Northern Ireland
5
The registrar of every register office in Northern Ireland is prescribed for the purposes of section 23(2)(a) of the 2004 Act.
Specified classes of person
6
1
A person who is settled in the United Kingdom is hereby specified for the purpose of sections 19(3)(c), 21(3)(c) and 23(3)(c) of the 2004 Act.
2
In this regulation, “settled in the United Kingdom” has the meaning given in paragraph 6 of the immigration rules (which are the rules laid before Parliament under section 3(2) of the Immigration Act 1971 ).
Application for permission
7
1
A person seeking the permission of the Secretary of State to marry in the United Kingdom under section 19(3)(b), 21(3)(b) or 23(3)(b) of the 2004 Act shall —
a
make an application in writing; and
b
pay a fee on the submission of the application in accordance with regulation 8.
2
The information set out in Schedule 2 is to be contained in or provided with the application.
8
1
The fee to be paid in connection with the application is £135.
2
The fee is to be paid to the Immigration and Nationality Directorate of the Home Office —
a
by a cheque or postal order crossed and made payable to “Home Office Certificate of Approval”; or
b
by means of any debit card or credit card which that Directorate accepts.
Des Browne
Minister of State
Home Office
10th January 2005


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Health and Social Care Information Centre Regulations 2005 and shall come into force on 1st April 2005.
2
These Regulations apply in relation to England.
3
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“the Authority” means the Health and Social Care Information Centre established by the Health and Social Care Information Centre (Establishment and Constitution) Order 2005 ;
“the chairman” means, unless the context otherwise requires, the chairman of the Authority;
“the FHSAA ” means the Family Health Service Appeal Authority constituted under section 49S of the Act ;
“health service body” means —
a Strategic Health Authority , Special Health Authority , Primary Care Trust , NHS trust , Local Health Board or NHS foundation trust ,
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 or the Scottish Dental Practice Board, the Common Service Agency for the Scottish Health Service or an NHS trust constituted under, respectively, sections 4, 10 or 12A of that Act ,
the Dental Practice Board constituted under section 37(1) of the Act ,
the Commission for Health Improvement ,
the Commission for Healthcare Audit and Inspection ,
the Public Health Laboratory Service Board ,
the Health Protection Agency ,
the Secretary of State,
the Northern Ireland Central Services Agency for Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972 ,
a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 ,
a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972,
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 , and
the Department of Health, Social Services and Public Safety for Northern Ireland;
“member” means, unless the context otherwise requires, a member of the Authority other than the chairman;
“national NHS disqualification” means —
a decision made by the FHSAA under section 49N of the Act ,or
a decision by the NHS Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002 ;
“the NHS Tribunal” means the Tribunal constituted under section 46 of the Act for England and Wales;
“non-officer member” means a member who is not an officer of the Authority; and
“primary care list” means —
a list referred to in section 49N(1)(a) to (c) of the Act,
a list of persons undertaking to provide general medical services prepared in accordance with regulations under section 29 of the Act as the list existed on or before 31st March 2004,
a list of persons approved by a Primary Care Trust for the purpose of assisting in the provision of general medical services prepared in accordance with regulations under section 43D(1) of the Act as the list existed on or before 31st March 2004, or
a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 1997 as the list existed on or before 31st March 2004.
Appointment and tenure of office of chairman and members
2
1
The chairman and non-officer members shall be appointed by the Secretary of State.
2
Subject to regulation 5 (termination of tenure of office of chairman and non-officer members), the term of office of the chairman and non-officer members shall be such period, not exceeding 4 years, as the Secretary of State shall specify on making the appointment.
3
Subject to regulation 3 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of his office, be eligible for re-appointment provided he has not held the office for terms exceeding eight years.
4
The chairman and non-officer members shall appoint the member who is the Chief Executive of the Authority.
5
The chairman and non-officer members and the Chief Executive shall appoint the members who are officers of the Authority.
Disqualification for appointment
3
1
Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-officer member if —
a
he has, within the preceding five years, been convicted in the United Kingdom of any offence or convicted elsewhere of an offence which, if committed in any part of the United Kingdom would constitute a criminal offence in that part, and in either case has been sentenced to a period of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine, and which has not been quashed on appeal;
b
he is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order;
c
he has been dismissed within the previous five years, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he is a person whose tenure of office as the chairman, a member, a director or a governor of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management of, the health service body or of the health service that he should continue to hold that office,
ii
he failed, without reasonable cause, to attend any meeting of that health service body for three successive meetings, or
iii
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
e
he —
i
is the subject of a national NHS disqualification,
ii
was refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the Act and was not subsequently nominated or approved or included in a primary care list ,
iii
has been refused admission to a primary care list on grounds corresponding to the conditions referred to in section 49F(2), (3) or (4) of the Act and has not subsequently been included in a primary care list,
iv
is conditionally included in a primary care list ,
v
has been removed from a primary care list on any of the grounds set out in section 49F(2),(3) or (4) of the Act or by a direction of the NHS Tribunal and has not subsequently been included in such a list,
vi
is contingently removed from a primary care list , or
vii
is suspended from a primary care list or treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002,
and in this sub-paragraph any reference to a provision in the Act includes a reference to the provision corresponding to that provision in legislation relating to Scotland and Northern Ireland;
f
he is subject to a disqualification order under the Company Directors Disqualification Act 1986 , the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (disabilities on revocation of administration order against an individual);
g
he has been —
i
removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he, by his conduct, contributed to or facilitated, or
ii
removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body;
h
he is the chairman or another member of the Independent Regulator of NHS foundation trusts.
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c), a person shall not be treated as having been in paid employment by reason only of his having been the chairman or a non-officer member of, or in the case of an NHS trust, the chairman or a non-executive director of, or in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of, the health service body in question.
Cessation of disqualification
4
1
Subject to paragraph (2), where a person is disqualified under regulation 3(1)(c) or (g)(i) he may, after the expiry of two years beginning on the date on which he was dismissed or removed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
2
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
3
Where a person is disqualified under regulation 3(1)(d), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specifies when terminating his period of office but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Termination of tenure of office of chairman and non-officer members
5
1
The chairman or a non-officer member may resign from that office at any time during the term of that office by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Authority or of the health service that the chairman or non-officer member should continue to hold office, the Secretary of State may forthwith terminate his tenure of office by giving him notice in writing to that effect.
3
If the chairman or a non-officer member fails to attend three successive meetings of the Authority the Secretary of State shall forthwith terminate that person’s tenure of office unless satisfied that —
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meetings of the Authority within such a period as the Secretary of State considers reasonable.
4
Where a person has been appointed to be the chairman or a non-officer member, and —
a
he becomes disqualified for appointment under regulation 3, he shall notify the Secretary of State in writing of such disqualification; or
b
it comes to the notice of the Secretary of State that at the time of his appointment or later he was so disqualified, the Secretary of State shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect,
and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as chairman or non-officer member.
5
If it appears to the Secretary of State that the chairman or a non-officer member has failed to comply with regulation 10 (disability on account of pecuniary interest) he may forthwith terminate that person’s tenure of office by giving him notice in writing to that effect.
Appointment of vice-chairman
6
1
The chairman and members may appoint one of the non-officer members to be vice-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on electing him.
2
Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
3
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the vice-chairman.
Appointment of committees and sub-committees
7
1
Subject to such directions as may be given by the Secretary of State, the Authority may, and if so directed by the Secretary of State, shall, appoint committees of the Authority consisting wholly or partly of members of the Authority or wholly of persons who are not members of the Authority.
2
A committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or the Authority, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Authority) or wholly of persons who are not members of the Authority or the committee.
3
Subject to such directions as may be given by the Secretary of State, regulations 3 and 4 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of the Authority.
Arrangements for the exercise of functions
8
Subject to such directions as may be given by the Secretary of State, the Authority may make arrangements for the exercise, on behalf of the Authority, of any of its functions by a committee or sub-committee appointed by virtue of regulation 7 or by an officer of the Authority, in each case subject to such restrictions and conditions as the Authority thinks fit.
Meetings and proceedings
9
1
The meetings and proceedings of the Authority shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules, to regulation 10 (disability of chairman and members in proceedings on account of pecuniary interest) and to such directions as may be given by the Secretary of State, the Authority shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business, including provision for the suspension of all or any of the Standing Orders.
3
Subject to such directions as may be given by the Secretary of State, the Authority may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Authority; but subject to such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Disability of chairman and members in proceedings on account of pecuniary interest
10
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Authority to which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the contract, proposed contract or other matter or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him to be in the interests of the health service that the disability should be removed.
3
The Authority may, by Standing Orders made under regulation 9(2), provide for the exclusion of the chairman or a member from a meeting of the Authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 of Schedule 5 to the Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration,
and in the case of two persons living together as a couple (whether married or not) the interest of one shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or voting on, any question with respect to that contract, proposed contract or other matter.
7
Where the chairman or a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract, proposed contract or other matter, or from voting on any question with respect to it without prejudice however to his duty to disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the Authority and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Authority) as it applies to a member of the Authority.
9
In this regulation —
“public body” includes —
any body established for the purpose of carrying on, under national ownership, any industry or undertaking or part of any industry or undertaking;
the governing body of any university, university college or college school or hall of a university; and
the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or debenture; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by the Authority
11
The Authority shall make such reports to the Secretary of State in such manner and at such time as the Secretary of State may direct, and shall furnish to the Secretary of State such information as the Secretary of State may from time to time require.
Public meeting
12
If, under regulation 11, the Secretary of State directs the Authority to make an annual report to the Secretary of State for any particular year or for each year, the Authority shall present the report at a public meeting held not later than 30 days after the date on which the report was made.
Signed by authority of the Secretary of State
Warner
Parliamentary Under Secretary of State,
Department of Health
7th March 2005


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005 and shall come into force on 22nd December 2005.
2
These Regulations shall extend to England and Wales only.
Interpretation
2
1
In these Regulations —
“Directive 76/895” means Council Directive 76/895/ EEC relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables ;
“Directive 86/362” means Council Directive 86/362/EEC on the fixing of maximum levels for pesticide residues in and on cereals ;
“Directive 86/363” means Council Directive 86/363/EEC on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin ;
“Directive 90/642” means Council Directive 90/642/EEC on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables ;
“ EEA State” means a member State, Norway, Iceland or Liechtenstein;
“fruit or vegetable” means a product referred to in Article 1 of Directive 90/642;
“maximum residue level” means the maximum quantity of pesticide residue (measured in milligrams per kilogram of product) that a product is permitted to contain under regulation 3;
“pesticide” means any substance, preparation or organism listed in column 1 of Schedule 1;
“pesticide residue” means, in relation to any particular pesticide, the substance specified in column 2 of Schedule 1 in respect of that pesticide;
“product” means any crop, food or feeding stuff specified in Schedule 2;
“putting into circulation”, in relation to any product, means handing it over (post-harvest if the product is a fruit or vegetable), whether or not for consideration; and
“the Residues Directives” means Directive 76/895, Directive 86/362, Directive 86/363 and Directive 90/642, in each case as amended at the date of the making of these Regulations.
2
The expressions “composite food”, “drying” and “processing” when used in regulation 3 or in paragraph (c) or (d) of regulation 5 have the same meaning as when used in the Residues Directives and any related expressions shall be construed accordingly.
Prohibition on putting into circulation products with excess residues
3
1
No person shall put into circulation a product named in Schedule 2 if it contains a quantity of pesticide residue, per kilogram of the product, greater than that specified in that Schedule in respect of that product and the pesticide in question, for the period (if any) specified.
2
Subject to paragraph (3), paragraph (1) shall also apply in relation to the putting into circulation of —
a
any product which after drying or processing is obtained from any of the products named in Schedule 2, and
b
any composite food which includes any of the products named in that Schedule,
as it applies to the products so named.
3
Where —
a
paragraph (1) applies in relation to a dried or processed product or a composite food by virtue of paragraph (2), and
b
in relation to that dried or processed product or composite food no quantity has been specified in Schedule 2 as the maximum residue level in respect of a pesticide residue which may be contained in that dried or processed product or composite food,
paragraph (1) applies as if the maximum residue level in respect of that pesticide residue were the quantity applicable under that Schedule as it has effect by virtue of regulation 5(c) or, as the case may be, (d).
4
Any person who, without reasonable excuse, contravenes or causes or permits any other person to contravene the prohibition in paragraph (1) shall be guilty of an offence, and shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; and
b
on conviction on indictment, to a fine.
5
In any proceedings for an offence under this regulation in relation to any product, whether or not dried or processed or a composite food, it is a defence for the person charged to prove that when the product was put into circulation —
a
it was so put with the intention of its being exported to a country which is not an EEA State and the contravention of the prohibition in paragraph (1) was caused by the product being treated in a manner —
i
required by the country of destination in order to prevent the introduction of harmful organisms into its territory; or
ii
necessary to protect the product from harmful organisms during transport to the country of destination and storage there; or
b
it was so put with the intention that —
i
it be used in the manufacture of things other than foodstuffs and animal feed; or
ii
it be used for sowing or planting.
6
Sections 19 (enforcement powers), 21(5) (offences — penalties etc ) and 22 (general defence of due diligence) of, and Schedule 2 (officers and their powers) to, the Food and Environment Protection Act 1985 shall apply for the purposes of this regulation as they apply for the purposes of that Act, taking references in those sections to that Act or any part of it to be references to this regulation, and the general purposes of that Act to include the purposes of this regulation.
Seizure or disposal of crops, food or feeding stuffs
4
1
If any product contains a quantity of pesticide residue greater than that permitted under regulation 3(1), the Secretary of State (in England) and the National Assembly for Wales (in Wales) may —
a
seize or dispose of the consignment containing that product, or any part of it, or require the owner or any person appearing to be in charge of it to dispose of it, or
b
direct the owner or any person appearing to be in charge of it to take such remedial action as appears to the Secretary of State or the National Assembly for Wales, as the case may be, to be necessary.
2
Paragraph (1) applies to any product put into circulation in circumstances referred to in regulation 3(5)(a) or (b) as it applies to other products.
Sampling and analysis
5
In determining for the purposes of regulation 3(1) whether the quantity of pesticide residue contained in any product exceeds the maximum residue level —
a
in relation to any product specified in column 2 of Schedule 3 (and falling within a group of products specified in column 1 of that Schedule) the whole or part only of that product shall, so far as is practicable, be taken into account as specified in column 3 of that Schedule;
b
the procedure to be followed for sampling for the determination of pesticide residues shall be that set out in the Annex to Commission Directive 2002/63/ EC ;
c
in the case of any product which has been dried or processed, Schedule 2 shall have effect where, in relation to a pesticide residue, no such maximum residue level is specified therein for the product in its dried or processed form, as if the maximum residue level specified in that Schedule in respect of that pesticide residue and in relation to the product in question were subject to an adjustment to take account of the concentration of the product caused by the drying process or, as the case may be, the dilution or concentration of the product caused by the processing; and
d
in a case where a product listed in Schedule 2 has been mixed with other products or ingredients to form a composite food, that Schedule shall have effect, in relation to that composite food, as if the products which have been mixed to form the composite food had not been mixed and accordingly the maximum residue levels specified for each of the pesticide residues specified applied in relation to each of those products separately taking into account —
i
the relative concentrations of each of the products in the composite food; and
ii
the provisions of paragraph (c).
Revocations
6
The Regulations specified in Schedule 4 are revoked.
D Ellis-Thomas
Presiding Officer National Assembly for Wales
29th November 2005
Bach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
29th November 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Adoption and Children Act 2002 (Commencement No. 9) Order 2005.
2
In this Order “ the Act ” means the Adoption and Children Act 2002.
Appointed Day
2
30th December 2005 is the appointed day for the coming into force of the following provisions of the Act —
a
section 1 (considerations applying to the exercise of powers);
b
section 3(1), (2), (5) and (6) (maintenance of Adoption Service);
c
sections 18 to 27 (1), (2), (4) and (5), 28 to 43, 46 to 52 , 53(4) to (6), 55 and, in so far as not already in force, section 44 (placement for adoption and adoption orders);
d
sections 66 to 76 (status of adopted children);
e
sections 77 to 81 and Schedules 1 and 2 in so far as they are not already in force and, section 82 (the Registers);
f
sections 83, 84, 86 and 87 in so far as they are not already in force, and sections 85 and 88 to 91 (adoptions with a foreign element);
g
sections 92 and 94 in so far as they are not already in force and sections 93 and 95 to 97 (restrictions);
h
sections 99 to 101 (proceedings);
i
sections 102 and 103 (officers of the Service);
j
sections 104 (evidence), 105 to 107 (Scotland, Northern Ireland and the Islands), and 109 and 110 (avoiding delay and service of notices);
k
sections 112 to 114 and, in so far as they are not already in force, sections 115, 117, 121 and 122 (amendments to the Children Act 1989 );
l
sections 123 and 124 (advertisements in the United Kingdom);
m
section 137 (extension of the Hague Convention to British overseas territories);
n
section 138 (proceedings in Great Britain); and
o
paragraphs 1 to 5, 9 to 12, 14 to 20, 36 to 43, 45 to 52, 54 to 59, 61 to 64, 67 to 81, 85 to 93, 95 to 99, 101, 102, 104, 107 to 109, 114 to 117 and, in so far as they are not already in force paragraphs 60, 103, and 110 of Schedule 3, and section 139(1) in so far as it relates to those paragraphs (minor and consequential amendments).
Appointed day - England
3
30th December 2005 is the appointed day for the coming into force of the following provisions of the Act in relation to England —
a
section 3(3) and (4) in so far as not already in force (maintenance of Adoption Service);
b
section 4 in so far as not already in force (assessment etc. for adoption support services);
c
sections 6 (arrangements on cancellation of registration);
d
section 7 (inactive or defunct adoption societies etc.);
e
section 8 in so far as not already in force (adoption support agencies);
f
section 12 in so far as not already in force (independent review of determinations);
g
section 13 (information concerning adoption);
h
section 14 (default power of appropriate Minister);
i
section 15 (inspection of premises etc.);
j
section 16 in so far as it is not already in force (distribution of functions in relation to registered adoption societies);
k
sections 56 to 62 in so far as they are not already in force (disclosure); and
l
paragraphs 13, 65, 111 to 113 of Schedule 3 and section 139(1) in so far as it relates to those paragraphs (minor and consequential amendments).
Beverley Hughes
Minister of State
Department for Education and Skills
8th August 2005


text:
Citation and commencement
1
1
This Order may be cited as the District of Stroud (Parishes and Electoral Changes) (Amendment) Order 2005.
2
This Order shall come into force on the day after that on which it is made.
Amendment to the 2001 Order
2
1
The District of Stroud (Parishes and Electoral Changes) Order 2001 shall be amended as follows:
2
In article 1(5) for the penultimate sub-paragraph substitute the following —
any reference to the map is a reference to the map marked “Revised (2005) Map referred to in the District of Stroud (Parishes and Electoral Changes) Order 2001”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Stroud District Council.
.
3
After article 12 shall be inserted —
Maps
12A
Stroud District Council shall make a print of the map marked “Revised (2005) Map referred to in the District of Stroud (Parishes and Electoral Changes) Order 2001” available for inspection at its offices by any member of the public at any reasonable time.
.
Sealed with the seal of the Electoral Commission on the 29th day of September 2005
Sam Younger
Chairman of the Commission
29th September 2005
Jacqui Dixon
Secretary to the Commission
29th September 2005


text:
Citation
1
This Order may be cited as the Finance Act 2004, Section 18 (Appointed Day) Order 2005.
Appointed Day
2
The 14th October 2005 is appointed as the day on which section 18 of the Finance Act 2004 is to have effect in relation to vehicle licences or trade licences issued on or after that day.
Signed by authority of the Secretary of State
S J Ladyman
Minister of State
Department for Transport
20th August 2005


text:
PART 1
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Age-Related Payments Regulations 2005 and shall come into force on 1st September 2005.
2
In these Regulations —
“guarantee credit” and “savings credit” have the meanings given by section 17 of the State Pension Credit Act 2002 ;
“qualifying individual” —
in Part 2 means an individual who —
is ordinarily resident in Great Britain on at least one day in the relevant week;
attains the age of 65 years on or before the last day of the relevant week; and
is —
single and not in receipt of guarantee credit; or
part of a couple of which neither member is in receipt of guarantee credit; and
in Part 3 means an individual who —
is ordinarily resident in Great Britain on at least one day in the relevant week;
attains the age of 70 years on or before the last day of the relevant week; and
is —
single and in receipt of guarantee credit; or
part of a couple of which either member is in receipt of guarantee credit; and
“the relevant week” means the week beginning with Monday 19th September 2005 and ending with Sunday 25th September 2005.
3
These Regulations shall apply, with any necessary modifications, to the parties to a polygamous marriage as if they together formed one couple.
PART 2
PAYMENTS TO PERSONS OVER THE AGE OF 65
Entitlement: basic cases
2
1
A qualifying individual shall be entitled to a payment of £200 if at any time in the relevant week —
a
he is single; and
b
he is not living with another qualifying individual.
2
A qualifying individual shall be entitled to a payment of £100 if at any time in the relevant week —
a
he is single; and
b
he is living with another qualifying individual.
3
A qualifying individual shall be entitled to a payment of £200 if at any time in the relevant week he is part of a couple and —
a
the other member of the couple is not in receipt of guarantee credit, income-based jobseeker’s allowance or income support; and
b
either —
i
the other member of the couple is not a qualifying individual; or
ii
either member of the couple is in receipt of savings credit.
4
A qualifying individual shall be entitled to a payment of £100 if at any time in the relevant week he is part of a couple and the other member of the couple is also a qualifying individual.
5
This regulation is subject to regulation 3.
Entitlement: special cases
3
1
Where —
a
a member of a couple would (but for this paragraph) be entitled to a payment under regulation 2(3)(b)(i) (and not under regulation 2(3)(b)(ii)); and
b
the couple lives with one or more qualifying individuals who are single,
then the member of the couple shall instead be entitled to a payment of £100.
2
Where —
a
two or more couples live together; and
b
two or more individuals, each of whom is part of one of the couples, would (but for this paragraph) be entitled to a payment under regulation 2(3),
then each of those individuals who would (but for this paragraph) be entitled to a payment under regulation 2(3)(b)(i) (and not under regulation 2(3)(b)(ii)) shall instead be entitled to a payment of £100.
3
Where each member of a couple would (but for this paragraph) be entitled to a payment under regulation 2(3)(b)(ii) —
a
the member who is to receive a payment in 2005 under the Social Fund Winter Fuel Payment Regulations 2000 shall be entitled to a payment under regulation 2(3)(b)(ii); and
b
the other member shall not be entitled to a payment under regulation 2(3)(b)(ii).
4
Where —
a
only one member of a couple is a qualifying individual;
b
he would (but for this paragraph) be entitled to a payment under regulation 2(3);
c
the other member of the couple is to receive a payment in 2005 under the Social Fund Winter Fuel Payment Regulations 2000; and
d
the qualifying individual is not to receive a payment in 2005 under those Regulations,
then —
i
that other member of the couple shall be entitled to a payment of £200; and
ii
the qualifying individual shall not be entitled to a payment under regulation 2(3).
5
Where —
a
only one member of a couple is a qualifying individual;
b
he would (but for this paragraph) be entitled to a payment under either of paragraph (1) or (2);
c
the other member of the couple is to receive a payment in 2005 under the Social Fund Winter Fuel Payment Regulations 2000; and
d
the qualifying individual is not to receive a payment in 2005 under those Regulations,
then —
i
that other member of the couple shall be entitled to a payment of £100; and
ii
the qualifying individual shall not be entitled to a payment under these Regulations.
PART 3
PAYMENTS TO PERSONS IN RECEIPT OF GUARANTEE CREDIT
Entitlement: guarantee credit basic cases
4
1
A qualifying individual shall be entitled to a payment of £50 if at any time in the relevant week he is single.
2
A qualifying individual shall be entitled to a payment of £50 if at any time in the relevant week he is part of a couple and the other member of the couple is not a qualifying individual.
3
A qualifying individual shall be entitled to a payment of £50 if at any time in the relevant week he is part of a couple and —
a
the other member of the couple is a qualifying individual; and
b
he (and not the other member) is in receipt of guarantee credit.
4
This regulation is subject to regulation 5.
Entitlement: guarantee credit special cases
5
1
Where —
a
only one member of a couple is a qualifying individual;
b
he would (but for this paragraph) be entitled to a payment under regulation 4(2);
c
the other member of the couple is to receive a payment in 2005 under the Social Fund Winter Fuel Payment Regulations 2000; and
d
the qualifying individual is not to receive a payment in 2005 under those Regulations,
then —
i
that other member of the couple shall be entitled to a payment of £50; and
ii
the qualifying individual shall not be entitled to a payment under regulation 4(2).
2
A qualifying individual shall not be entitled to a payment under this Part if —
a
on the last day of the relevant week he is living in a care home; and
b
throughout the period of 13 weeks ending with the relevant week his ordinary place of residence was a care home.
3
Where a person who ceases to be entitled to a payment by virtue of paragraph (2) is part of a couple, in the application of regulation 4(2) and (3) to the other member of the couple, the person who ceases to be entitled under paragraph (2) shall be treated as a non-qualifying individual.
PART 4
DISQUALIFICATIONS, PROCEDURE, ETC.
Disqualifications
6
1
A person who would (but for this regulation) be entitled to a payment under any of regulations 2 to 5 shall not be entitled to the payment if —
a
he is in receipt of free in-patient treatment throughout the period of 52 weeks ending with the relevant week;
b
he is in custody throughout the relevant week; or
c
he is subject to immigration control throughout the relevant week.
2
For the purposes of paragraph (1) —
a
the reference to receipt of free in-patient treatment shall be construed in accordance with regulation 2(2) and (2A) of the Social Security (Hospital In-Patients) Regulations 1975 ;
b
a person is in custody if he is detained in custody under a sentence imposed by a court; and
c
the reference to being subject to immigration control shall be construed in accordance with section 115(9) of the Immigration and Asylum Act 1999 .
3
Where a person to whom this regulation applies is part of a couple, in the application of these Regulations to the other member of the couple, the person to whom this regulation applies shall be treated as a non-qualifying individual.
Procedure
7
1
Where before 31st December 2005 the Secretary of State thinks that a person is entitled to a payment under any of regulations 2 to 5, the Secretary of State shall make the payment before that date (without a claim being required).
2
Where a person becomes entitled to a payment under any of regulations 2 to 5 by virtue of a decision made after the relevant week that section 115 of the Immigration and Asylum Act 1999 (exclusions) ceases to apply to him, the Secretary of State, if he is satisfied that the person is entitled to the payment, shall make the payment (without a claim being required).
3
A person who is entitled to a payment under any of regulations 2 to 5 and who does not receive it before 31st December 2005, may claim the payment.
4
A claim under paragraph (3) must —
a
be in writing to the Secretary of State;
b
be received by the Secretary of State before 31st March 2006; and
c
specify —
i
the claimant’s name, address, date of birth and national insurance number (if he has one); and
ii
the date on which the claim is sent to the Secretary of State; and
d
include a declaration that the claimant was ordinarily resident in Great Britain on at least one day in the relevant week.
5
If the Secretary of State is satisfied that a person making a claim under paragraph (3) is entitled to a payment under any of regulations 2 to 5, the Secretary of State shall make the payment.
6
The provisions of Chapter II of Part I of the Social Security Act 1998 (revision, appeal &c.) shall apply to a decision of the Secretary of State about a person’s entitlement to a payment under regulations 2 to 5 (whether or not following a claim) as they apply to a decision of the Secretary of State under section 8 of that Act.
Payment to be disregarded for tax and social security
8
No account shall be taken of entitlement to a payment under any of regulations 2 to 5 in considering a person's —
a
liability to tax;
b
entitlement to benefit under an enactment relating to social security (irrespective of the name or nature of the benefit), or
c
entitlement to a tax credit.
Application of section 71 of the Social Security Administration Act 1992
9
Section 71 of the Social Security Administration Act 1992 (overpayments – general) and regulations made under it shall apply in respect of any payment made under these Regulations as they apply to the benefits specified in subsection (11) of that section.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
18th July 2005