text:
Citation, commencement and application
1
1
This Order may be cited as the Courts-Martial (Prosecution Appeals) Order 2006 and shall come into force on 5th July 2006.
2
This Order shall only apply to trials by courts-martial which commence on or after 5th July 2006.
3
For the purposes of this Order, trials by courts-martial commence immediately after the last court member has been sworn.
Interpretation
2
In this Order —
“the 1955 Acts ” means the Army Act 1955 and the Air Force Act 1955 ;
“the 1957 Act ” means the Naval Discipline Act 1957 ;
“the 1968 Act ” means the Courts-Martial (Appeals) Act 1968 ;
“the 2003 Act ” means the Criminal Justice Act 2003 ;
“charge” means a charge preferred by the prosecuting authority under section 83B of the 1955 Acts or section 52I of the 1957 Act;
“court-martial” means a court-martial convened under section 84C of the 1955 Acts or under section 53C of the 1957 Act;
“the judge advocate” means —
in the case of a court-martial convened under either of the 1955 Acts, the judge advocate appointed by or on behalf of the Judge Advocate General to be a member of the court-martial ; or
in the case of a court-martial convened under the 1957 Act, the judge advocate appointed by or on behalf of the Judge Advocate of Her Majesty’s Fleet ;
“ruling” includes a decision, determination, direction, finding, notice, order, refusal, rejection or requirement.
Prosecution rights of appeal
3
1
In relation to a trial by court-martial, the prosecution is to have the rights of appeal for which provision is made by this Order.
2
But the prosecution is to have no right of appeal under this Order in respect of —
a
an order that a court be dissolved, or
b
a ruling from which an appeal lies to the Courts-Martial Appeal Court by virtue of any other enactment.
3
An appeal under this Order is to lie to the Courts-Martial Appeal Court.
4
Such an appeal may be brought only with the leave of the judge advocate or the Courts-Martial Appeal Court.
General right of appeal in respect of rulings
4
1
This article applies where a judge advocate makes a ruling in relation to a trial by court-martial at an applicable time and the ruling relates to one or more charges on the charge sheet.
2
The prosecution may appeal in respect of the ruling in accordance with this article.
3
The ruling is to have no effect whilst the prosecution is able to take any steps under paragraph (4).
4
The prosecution may not appeal in respect of the ruling unless —
a
following the making of the ruling, it —
i
informs the court that it intends to appeal, or
ii
requests an adjournment to consider whether to appeal, and
b
if such an adjournment is granted, it informs the court following the adjournment that it intends to appeal.
5
If the prosecution requests an adjournment under paragraph (4)(a)(ii), the judge advocate may grant such an adjournment.
6
Where the ruling relates to two or more charges —
a
any one or more of those charges may be the subject of the appeal, and
b
if the prosecution informs the court in accordance with paragraph (4) that it intends to appeal, it must at the same time inform the court of the charge or charges which are the subject of the appeal.
7
Where —
a
the ruling is a ruling that there is no case to answer, and
b
the prosecution, at the same time that it informs the court in accordance with paragraph (4) that it intends to appeal, nominates one or more other rulings which have been made by a judge advocate in relation to the court-martial at an applicable time and which relate to the charge or charges which are the subject of the appeal,
that other ruling, or those other rulings, are also to be treated as the subject of the appeal.
8
The prosecution may not inform the court in accordance with paragraph (4) that it intends to appeal, unless, at or before that time, it informs the court that it agrees that, in respect of the charge or each charge which is the subject of the appeal, the accused in relation to that charge should be acquitted of that charge if either of the conditions mentioned in paragraph (9) is fulfilled.
9
Those conditions are —
a
that leave to appeal to the Courts-Martial Appeal Court is not obtained, and
b
that the appeal is abandoned before it is determined by the Courts-Martial Appeal Court.
10
If the prosecution informs the court in accordance with paragraph (4) that it intends to appeal, the ruling mentioned in paragraph (1) is to continue to have no effect in relation to the charge or charges which are the subject of the appeal whilst the appeal is pursued.
11
If and to the extent that a ruling has no effect in accordance with this article —
a
any consequences of the ruling are also to have no effect,
b
the judge advocate may not take any steps in consequence of the ruling, and
c
if he does so, any such steps are also to have no effect.
12
Where the prosecution has informed the court of its agreement under paragraph (8) and either of the conditions mentioned in paragraph (9) is fulfilled, the judge advocate or the Courts-Martial Appeal Court must order that the accused in relation to the charge or each charge concerned be acquitted of that charge.
13
In this article “applicable time”, in relation to a trial by court-martial, means any time (whether before or after the commencement of the trial) before the time when the judge advocate starts his summing-up to the court.
Expedited and non-expedited appeals
5
1
Where the prosecution informs the court in accordance with article 4(4) that it intends to appeal, the judge advocate must decide whether or not the appeal should be expedited.
2
If the judge advocate decides that the appeal should be expedited, he may order an adjournment.
3
If the judge advocate decides that the appeal should not be expedited, he may —
a
order an adjournment, or
b
dissolve the court (if the court has been convened).
4
If he decides that the appeal should be expedited, he or the Courts-Martial Appeal Court may subsequently reverse that decision and, if it is reversed, the judge advocate may act as mentioned in paragraph (3)(a) or (b).
Continuation of proceedings for charges not affected by ruling
6
1
This article applies where the prosecution informs the court in accordance with article 4(4) that it intends to appeal.
2
Proceedings may be continued in respect of any charge which is not the subject of the appeal.
Determination of appeal by the Courts-Martial Appeal Court
7
1
On an appeal under article 4, the Courts-Martial Appeal Court may confirm, reverse or vary any ruling to which the appeal relates.
2
Paragraphs (3) to (5) apply where the appeal relates to a single ruling.
3
Where the Courts-Martial Appeal Court confirms the ruling, it must, in respect of the charge or each charge which is the subject of the appeal, order that the accused in relation to that charge be acquitted of that charge.
4
Where the Courts-Martial Appeal Court reverses or varies the ruling, it must, in respect of the charge or each charge which is the subject of the appeal, do any of the following —
a
order that proceedings for that charge may be resumed at court-martial,
b
order that a fresh court-martial be convened to try that charge,
c
order that the accused in relation to that charge be acquitted of that charge.
5
But the Courts-Martial Appeal Court may not make an order under paragraph (4)(a) or (b) in respect of a charge unless it considers it necessary in the interests of justice to do so.
6
Paragraphs (7) and (8) apply where the appeal relates to a ruling that there is no case to answer and one or more other rulings.
7
Where the Courts-Martial Appeal Court confirms the ruling that there is no case to answer, it must, in respect of the charge or each charge which is the subject of the appeal, order that the accused in relation to that charge be acquitted of that charge.
8
Where the Courts-Martial Appeal Court reverses or varies the ruling that there is no case to answer, it must in respect of the charge or each charge which is the subject of the appeal, make any of the orders mentioned in paragraph (4)(a) to (c) (but subject to paragraph (5)).
Reversal of rulings
8
The Courts-Martial Appeal Court may not reverse a ruling on an appeal under this Order unless it is satisfied —
a
that the ruling was wrong in law,
b
that the ruling involved an error of law or principle, or
c
that the ruling was a ruling that it was not reasonable for the judge advocate to have made.
Appeals to the House of Lords
9
1
The 1968 Act is amended as follows.
2
In section 39(1) (right of appeal) after “this Act” there is inserted “or the Courts-Martial (Prosecution Appeals) Order 2006”.
3
In section 42(1) (bail) after “section applies” there is inserted “, other than a person appealing or applying for leave to appeal from a decision on an appeal under the Courts-Martial (Prosecution Appeals) Order 2006,”.
Restrictions on reporting
10
1
Except as provided by this article no publication shall include a report of —
a
anything done under article 4 or 5,
b
an appeal under this Order,
c
an appeal under Part 3 of the 1968 Act in relation to an appeal under this Order, or
d
an application for leave to appeal in relation to an appeal mentioned in sub-paragraph (b) or (c).
2
The judge advocate may order that paragraph (1) is not to apply, or is not to apply to a specified extent, to a report of —
a
anything done under article 4 or 5, or
b
an application to the judge advocate for leave to appeal to the Courts-Martial Appeal Court under this Order.
3
The Courts-Martial Appeal Court may order that paragraph (1) is not to apply, or is not to apply to a specified extent, to a report of —
a
an appeal to the Courts-Martial Appeal Court under this Order,
b
an application to that Court for leave to appeal to it under this Order, or
c
an application to that Court for leave to appeal to the House of Lords under Part 3 of the 1968 Act.
4
The House of Lords may order that paragraph (1) is not to apply, or is not to apply to a specified extent, to a report of —
a
an appeal to that House under Part 3 of the 1968 Act, or
b
an application to that House for leave to appeal to it under Part 3 of that Act.
5
Where there is only one accused and he objects to the making of an order under paragraph (2), (3) or (4) —
a
the judge advocate, the Courts-Martial Appeal Court or the House of Lords are to make the order if (and only if) satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so, and
b
the order (if made) is not to apply to the extent that a report deals with any such objection or representations.
6
Where there are two or more accused and one or more of them object to the making of an order under paragraph (2), (3) or (4) —
a
the judge advocate, the Courts-Martial Appeal Court or the House of Lords are to make the order if (and only if) satisfied, after hearing the representations of each of the accused, that it is in the interests of justice to do so, and
b
the order (if made) is not to apply to the extent that a report deals with any such objection or representations.
7
Paragraph (1) does not apply to the inclusion in a publication of a report of —
a
anything done under article 4 or 5,
b
an appeal under this Order,
c
an appeal under Part 3 of the 1968 Act in relation to an appeal under this Order, or
d
an application for leave to appeal in relation to an appeal mentioned in sub-paragraph (b) or (c),
at the conclusion of the trial of the accused or the last of the accused to be tried.
8
Paragraph (1) does not apply to a report which contains only one or more of the following matters —
a
the identity of the court and the name of the judge advocate,
b
the names, ages, home addresses and occupations of the accused or co-accused and witnesses,
c
the charge or charges, or a summary of them, with which the accused or co-accused are charged,
d
the names of the prosecutor and legal representatives in the proceedings,
e
where the proceedings are adjourned, the date and place to which they are adjourned,
f
any arrangements as to bail,
g
whether a right to publicly funded representation was granted to the accused or any co-accused.
9
The addresses that may be included in a report by virtue of paragraph (8) are addresses —
a
at any relevant time, and
b
at the time of their inclusion in the publication.
10
Nothing in this article affects any prohibition or restriction by virtue of any other enactment on the inclusion of any matter in a publication.
11
In this article —
“programme service” has the same meaning as in the Broadcasting Act 1990 ,
“publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme is to be taken to be so addressed), but does not include a charge sheet or other document prepared for use in particular legal proceedings,
“relevant programme” means a programme included in a programme service,
“relevant time” means a time when events giving rise to the charges to which the proceedings relate are alleged to have occurred.
Offences in connection with reporting
11
1
This article applies if a publication includes a report in contravention of article 10.
2
Where the publication is a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical is guilty of an offence.
3
Where the publication is a relevant programme —
a
any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included, and
b
any person having functions in relation to the programme corresponding to those of an editor of a newspaper,
is guilty of an offence.
4
In the case of any other publication, any person publishing it is guilty of an offence.
5
If an offence under the article committed by a body corporate is proved —
a
to have been committed with the consent or connivance of, or
b
to be attributable to any neglect on the part of,
an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
6
In paragraph (5), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
7
If the affairs of a body corporate are managed by its members, “director” in paragraph (6) means a member of that body.
8
Where an offence under this article is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
9
A person guilty of an offence under this article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
10
Proceedings for an offence under this article may not be instituted —
a
in England and Wales otherwise than by or with the consent of the Attorney General, or
b
in Northern Ireland otherwise than by or with the consent of —
i
before the relevant date, the Attorney General for Northern Ireland, or
ii
on or after the relevant date, the Director of Public Prosecutions for Northern Ireland.
11
In paragraph (10) “the relevant date” means the date on which section 22(1) of the Justice (Northern Ireland) Act 2002 comes into force.
Miscellaneous and supplemental
12
1
There is to be no right of appeal under this Order in respect of a ruling in relation to which the prosecution has previously informed the court of its intention to appeal under article 4(4).
2
Where a ruling relates to two or more charges but not all of those charges are the subject of an appeal under this Order, nothing in this Order is to be regarded as affecting the ruling so far as it relates to any charge which is not the subject of the appeal.
3
Where two or more co-accused are charged jointly with the same offence, the provisions of this Order are to apply as if the charge, so far as relating to each accused, were a separate charge (so that, for example, any reference in this Order to a ruling which relates to one or more charges includes a ruling which relates to one or more of those separate charges).
Tom Watson
Parliamentary Under Secretary of State Ministry of Defence
5th July 2006


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Income Tax (Indexation) (No.2) Order 2006.
Amounts of personal allowance, married couple’s allowance and blind person’s allowance for 2006-07
2
1
The amounts, which, unless Parliament otherwise determines, will be treated by virtue of sections 257C(1) and 265(1A) of the Income and Corporation Taxes Act 1988 as specified for the year 2007-08 in sections 257, 257A , 257AB , and 265 of that Act are set out in paragraphs (2) to (4) below.
2
In section 257 of that Act (personal allowance) —
a
in subsection (1) (personal allowance) — £5,225;
b
in subsection (2) (personal allowance — age 65-74) - £7,550;
c
in subsection (3) (personal allowance — age 75 and over) — £7,690;
d
in subsection (5) (income limit for age-related allowances) — £20,900.
3
In section 257A of that Act (married couple’s allowance for couples married before 5th December 2005) —
a
in subsection (2) (married couple’s allowance — one spouse aged 72 to 74 and born before 6 th April 1935) — £6,285;
b
in subsection (3) (married couple’s allowance — age 75 and over) — £6,365;
c
in subsection (5) (income limit for age-related married couple’s allowance) — £ 20,900;
d
in subsection (5A) (minimum married couple’s allowance) — £2,440.
4
In section 257AB of that Act (married couple’s allowance (marriages contracted and civil partnerships registered after 5 th December 2005)) —
a
in subsection (2)(a) (married couple’s allowance — age 75 and over) — £6,365;
b
in subsection (2)(b) (married couple’s allowance — age 72 to 74 and born before 6 th April 1935) — £6,285;
c
in subsection (4) (income limit for age-related allowances) — £20,900.
d
in subsection (5) (minimum married couple’s allowance) — £2,440.
5
In section 265(1) of that Act (blind person’s allowance) — £1,730.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 2006


text:
Citation, Commencement and Interpretation
1
These Regulations may be cited as the Student Fees (Qualifying Courses and Persons) Regulations 2006 and come into force on 31st March 2006.
2
In these Regulations —
“ the Act ” means the Higher Education Act 2004;
“course for the initial training of teachers” includes such a course leading to a first degree;
“ European Community ” means the territory comprised by the Member States of the European Community as constituted from time to time;
“ European Economic Area ” means the area comprised by the European Community, the Republic of Iceland, the Kingdom of Norway and the Principality of Lichtenstein;
“public funds” means moneys provided by Parliament;
“publicly-funded” means maintained or assisted by recurrent grants out of public funds;
“qualified teacher” has the meaning given in section 132(1) of the Education Act 2002 ;
“Schedule 1” means Schedule 1 of the Student Support Regulations ;
“single course” means a course mentioned in Regulation 5(5) of the Student Support Regulations; and
“the Student Support Regulations” means the Education (Student Support) Regulations 2006 .
Revocation
3
The Education (Fees at Higher Education Institutions) Regulations 1999 are revoked to the extent that they have not already been revoked.
Prescribed description of a qualifying course
4
1
The description of a qualifying course which is prescribed for the purposes of section 24 of the Act is a course which subject to paragraph (3) is a designated course within the meaning of regulation 2(1) of the Student Support Regulations on the first day of an academic year which begins during the grant period and is provided by an institution in England.
2
For the purposes of paragraph (1) the reference to an institution in England means an institution whose activities are carried on in England.
3
A course is not a qualifying course if at the time the qualifying person received an offer of a place on that course the institution providing it was not publicly funded.
Prescribed description of a qualifying person
5
1
The description of a qualifying person which is prescribed for the purposes of section 24 of the Act is a person who on the first day of an academic year which begins during the grant period falls within the class of persons who subject to paragraph (7) are specified in Part 2 of Schedule 1 other than —
a
persons who are not eligible for support under the Student Support Regulations by reason of regulation 4(3)(c), (d), (e) or (f) of those regulations, or
b
a person mentioned in paragraph (2) or (5).
2
Subject to the exception in paragraphs (3) and (4), a person is not a qualifying person if he has an honours degree from an institution in the United Kingdom which was publicly funded for some or all of the academic years during which the person took the course leading to the award of the honours degree.
3
Paragraph (2) does not apply where —
a
the qualifying course is a course for the initial training of teachers;
b
the duration of the course does not exceed two years (the duration of a part time course being expressed as its full-time equivalent); and
c
the qualifying person is not a qualified teacher.
4
Paragraph (2) does not apply in respect of any part of a single course where —
a
the qualifying course is a single course;
b
the single course leads to an honours degree being conferred on the qualifying person from an institution in the United Kingdom before the final degree or equivalent qualification; and
c
the qualifying person only has an honours degree which was received as part of the single course referred to in sub-paragraph (a).
5
Where one of the events mentioned in paragraph (6) occurs in the course of an academic year and as a result a person falls within the class of persons mentioned in Part 2 of Schedule 1 he is not a qualifying person in respect of the academic year in which the relevant event occurred or any previous academic year.
6
The events are —
a
an area which was not part of the European Community or the European Economic Area has become part of one or both of these areas;
b
the person acquires the right of permanent residence as defined in Part 1 of Schedule 1; or
c
the person becomes the child of a Swiss national.
7
For the purposes of this regulation —
a
where a person is mentioned in paragraph 5(a) of Schedule 1 they are not required to meet the residence requirement in paragraph 5(c) of that Schedule;
b
in paragraph 9(1) of Schedule 1 the requirement that an EC national or a family member of such a national has that status on the first day of the first academic year of the course does not apply to sub-paragraph (1)(a); and
c
paragraph 9(1)(b)(ii) of Schedule 1 does not apply.
Transitional Cases
6
1
Where a qualifying person, disregarding any intervening vacation, begins an end-on course within the meaning of regulation 2(1) of the Student Support Regulations immediately after a qualifying course (“the relevant course”) in a case where paragraph (3) or (4) applies, the end-on course shall be treated as if the offer for it had been received on the same date as the offer for the relevant course.
2
In a case where paragraph (3) or (4) applies, where a qualifying person undertakes a qualifying course (“the relevant course”) which is a single course, an offer received for any part of the relevant course shall be treated as if it had been received on the same date as the offer for the first part of the relevant course.
3
This paragraph applies where —
a
the qualifying person had on or before 1 August 2005 received an offer, whether conditional on obtaining specified qualifications or not, of a place on the relevant course, or a similar course, and
b
the first academic year of the relevant course begins before 1 September 2007.
4
This paragraph applies where —
a
the qualifying person had received an offer of a place on a qualifying course (whether or not at the same institution as the relevant course) the first academic year of which begins before 1 st September 2006,
b
he was unable to take up the offer because a specified qualification or grade was not awarded to him,
c
he appealed against the decision not to award him the qualification or grade,
d
the appeal was allowed after the last date on which he could have taken up the offer,
e
as a result he was offered a place on the relevant course, and
f
the first academic year of the relevant course begins after 31 August 2006 but before 1 September 2007.
5
For the purpose of paragraph 3(a) a course (“the original course”) is similar to the relevant course if —
a
it appears to the governing body of the institution providing the relevant course that the subject matter of the course is in whole or in part the same as the subject matter of the original course, and
b
except where the original course is no longer being provided, the relevant course is provided by the institution which was to have provided the original course.
Bill Rammell
Minister of State
Department for Education and Skills
26th February 2006


text:
Citation
1
This Order may be cited as the Belford St Mary’s Church of England Voluntary Aided Middle School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The Belford St Mary’s Church of England Voluntary Aided Middle School, Williams Way, Belford, Northumberland, NE70 7NX, 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 Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
12th July 2006


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2006 and shall come into force on 8th February 2006.
2
These Regulations apply in relation to authorities in England only .
3
These Regulations apply in relation to the financial year beginning on 1st April 2006.
4
In these Regulations —
“the 1992 Act ” means the Local Government Finance Act 1992;
“the 1999 Act ” means the Greater London Authority Act 1999.
Budget requirement (billing authorities) – calculation
2
Section 32 of the 1992 Act has effect as if —
a
in subsection (3)(a) the words “or relevant special grant” were omitted;
b
for subsection (12) there were substituted the following subsection —
12
In this section and section 33 below “police grant” means the grant payable in accordance with column (a) of paragraph 3.1 of the Police Grant Report (England and Wales) 2006/07 approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996 on 6th February 2006.
; and
c
After subsection (12) there were inserted the following subsection —
12A
In this section and in section 33 below —
a
references to sums payable for the financial year in respect of redistributed non-domestic rates are references to sums so payable in accordance with the Local Government Finance Report (England) 2006/2007 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 Act on 6th February 2006, and
b
references to sums payable for the financial year in respect of revenue support grant are references to sums so payable in accordance with that report.
.
Basic amount of council tax (billing authorities) - calculation
3
Section 33(1) of the 1992 Act has effect as if the words “or relevant special grant” in item P were omitted.
Budget requirement (major precepting authorities other than the Greater London Authority) - calculation
4
Section 43 of the 1992 Act has effect as if —
a
in subsection (3)(a)(i) the words “relevant special grant” were omitted; and
b
for subsection (6A) there were substituted the following subsection —
6A
In this section and section 44 below —
a
“police grant” has the meaning given by section 32(12) above, and
b
references to sums payable for the financial year in respect of redistributed non-domestic rates or revenue support grant are to be construed in accordance with section 32(12A) above.
.
Basic amount of council tax (major precepting authorities other than the Greater London Authority) - calculation
5
Section 44(1) of the 1992 Act has effect as if the words “, relevant special grant” in item P were omitted.
Budget requirement (Greater London Authority) - calculation
6
Section 85 of the 1999 Act has effect as if —
a
in subsection (5)(a)(i) the words “relevant special grant,” were omitted; and
b
after subsection (9) there were added the following subsection —
10
In subsection (5)(a) —
a
the reference to sums payable for the financial year in respect of redistributed non-domestic rates is a reference to sums so payable in accordance with the Local Government Finance Report (England) 2006/2007 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 6th February 2006, and
b
the reference to sums payable for the financial year in respect of revenue support grant is a reference to sums so payable in accordance with that report.
.
Basic amount of council tax (Greater London Authority) - calculation
7
Section 88 of the 1999 Act has effect as if —
a
in subsection (2), in the definition of P1, paragraph (e) and the word “and” preceding it were omitted;
b
after subsection (2) there were added the following subsection —
2A
In the definition of P1 in subsection (2) above —
a
the reference to sums payable for the financial year in respect of redistributed non-domestic rates is a reference to sums so payable in accordance with the Local Government Finance Report (England) 2006/2007 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 6th February 2006, and
b
the reference to sums payable for the financial year in respect of revenue support grant is a reference to sums so payable in accordance with that report.
;
c
in subsection (3), for the words “In the definition of P1 in subsection (2) above” there were substituted the words “In that definition”; and
d
in subsection (4) paragraph (d) and the word “and” preceding it were omitted.
Additional calculation: special item for part of Greater London
8
Section 89 of the 1999 Act has effect as if —
a
in subsection (4), in the definition of P2, paragraph (f) and the word “and” preceding it were omitted;
b
after subsection (4) there were added —
4A
In the definition of P2 in subsection (4) above —
a
the reference to sums payable for the financial year in respect of redistributed non-domestic rates is a reference to sums so payable in accordance with the Local Government Finance Report (England) 2006/2007 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 6th February 2006, and
b
the reference to sums payable for the financial year in respect of revenue support grant is a reference to sums so payable in accordance with that report.
;
c
in subsection (5), for the words “In the definition of P2 in subsection (4) above” there were substituted the words “In that definition”; and
d
in subsection (6) paragraph (e) and the word “and” preceding it were omitted.
Interpretation of Chapter 1 of Part 3 of the 1999 Act
9
Section 99 of the 1999 Act has effect as if the definition of “relevant special grant” were omitted.
Distribution of grants by the Greater London Authority
10
Section 102 of the 1999 Act has effect as if —
a
in subsection (2) paragraph (c) were omitted; and
b
for subsection (8) there were substituted the following subsection —
8
In this section —
a
the reference to sums received for the financial year in respect of redistributed non-domestic rates is a reference to sums so received in consequence of the Local Government Finance Report (England) 2006/2007 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 6th February 2006, and
b
the reference to sums received for the financial year in respect of revenue support grant is a reference to sums so received in consequence of that report.
.
Signed by authority of the First Secretary of State
Phil Woolas
Minister of State
Office of the Deputy Prime Minister
6th February 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Community Order (Review by Specified Courts in Liverpool and Salford) Order 2006 and shall come into force on the day after the day on which it is made.
2
In this Order “the 2003 Act ” means the Criminal Justice Act 2003.
Power to provide for court review
2
1
Subject to paragraph (3) a court specified in paragraph (2) may —
a
when making a community order provide for that order to be reviewed periodically by that or another court specified in paragraph (2);
b
amend a community order so as to include or remove a provision for review by that or another court specified in paragraph (2).
2
The courts referred to in paragraph (1) are —
a
a magistrates' court sitting at North Liverpool Community Justice Centre, Boundary Street, Liverpool, L5 2QD, or the Crown Court sitting at that address, or
b
a magistrates' court sitting at the City of Salford Magistrates' Court, Bexley Square, Salford, M3 6DJ.
3
Nothing in this article shall enable a magistrates' court to include provision for review by the Crown Court when making a community order.
3
1
Subject to paragraph (2) a community order providing for review by a court may —
a
provide for the order to be reviewed periodically at specified intervals;
b
provide for each review to be made, subject to article 4(4), at a hearing held for the purpose by the court responsible for the order (“a review hearing”);
c
require the offender to attend each review hearing; and
d
provide for the responsible officer to make to the court responsible for the order, before each review, a report on the offender’s progress in complying with the requirements of the order.
2
Where a community order imposes a drug rehabilitation requirement under section 177(1) (i) of the 2003 Act, provision for review of that requirement shall be made in accordance with section 210 of the 2003 Act.
3
In this article references to the court responsible for the order are references to the court specified in the community order as responsible for reviewing the order.
Power to amend community order at review hearing
4
1
At a review hearing (within the meaning of article 3(1)) the court may, after considering the responsible officer’s report referred to in that paragraph, amend the requirements of the community order, or any provision of the order which relates to those requirements.
2
The court —
a
may not amend the order so as to impose a requirement of a different kind unless the offender expresses his willingness to comply with that requirement;
b
may not amend the order so as to make a requirement more onerous unless the offender expresses his willingness to comply with the requirement as amended;
c
may not amend a mental health treatment requirement or an alcohol treatment requirement unless the offender expresses his willingness to comply with the requirement as amended;
d
may, subject to sub-paragraph (b), extend the duration of a particular requirement (subject to any limit imposed by Chapter 4 of Part 12 of the 2003 Act) but may not extend the date specified under section 177(5) of the 2003 Act by which all the requirements in the order must have been complied with; and
e
except with the consent of the offender, may not amend the order while an appeal against that order is pending.
3
For the purposes of paragraph (2)(a) —
a
a requirement falling within any paragraph of section 177(1) of the 2003 Act is of the same kind as any other requirement falling within that paragraph; and
b
an electronic monitoring requirement is a requirement of the same kind as any requirement falling within section 177(1) to which it relates.
4
If before a review hearing is held at any review the court, after considering the responsible officer’s report, is of the opinion that the offender’s progress in complying with the requirements of the order is satisfactory, it may order that no review hearing is to be held at that review; and if before a review hearing is held at any review, or at a review hearing, the court, after considering that report, is of that opinion, it may amend the community order so as to provide for each subsequent review to be held without a hearing.
5
If at a review held without a hearing the court, after considering the responsible officer’s report, is of the opinion that the offender’s progress under the order is no longer satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place.
6
If at a review hearing the court is of the opinion that the offender has without reasonable excuse failed to comply with any of the requirements of the order, the court may adjourn the hearing for the purpose of dealing with the case under paragraph 9 or 10 of Schedule 8 to the 2003 Act.
7
At a review hearing the court may amend the community order so as to vary the intervals specified under article 3(1)(a).
8
In this article, any reference to the court, in relation to a review without a hearing, is to be read —
a
in the case of the Crown Court, as a reference to a judge of the court; and
b
in the case of a magistrates' court, as a reference to a justice of the peace.
Scotland of Asthal, Q.C.
Minister of State
Home Office
30th March 2006


text:
Citation and application
1
1
This Order may be cited as the Housing Act 2004 (Commencement No. 6) (England) Order 2006.
2
This Order applies in relation to England only.
Commencement
2
The following provisions of the Housing Act 2004 shall come into force on 2nd January 2007 —
a
section 225 insofar as it is not already in force;
b
section 226;
c
section 265(1) insofar as it relates to paragraph 47 of Schedule 15.
Signed by authority of the Secretary of State
for Communities and Local Government
Meg Munn
Parliamentary Under Secretary of State
Department for Communities and Local Government
27th November 2006


text:
Citation and commencement
1
This Order may be cited as the Family Law Act 1986 (Dependent Territories) (Amendment) Order 2006 and shall come into force on 10th July 2006.
Amendments to the Family Law Act 1986 (Dependent Territories) Order 1991
2
The Family Law Act 1986 (Dependent Territories) Order 1991 is amended as follows.
3
In the table in Schedule 1, after the entry relating to the Isle of Man, insert a new entry as follows —
a
in the first column, insert “Jersey”;
b
in the second column, insert “10th July 2006”.
4
In Schedule 2 —
a
omit paragraphs 1(2), 10 and 19(1);
b
before paragraph 9 insert —
8A
1
In section 19A(2), for “England and Wales or Scotland” substitute “England and Wales, Scotland or a specified dependent territory”.
2
In section 19A(3) —
a
in paragraph (a), after “section 13(6)(a)(i)), or” insert “a corresponding dependent territory order, or”;
b
in paragraph (b), after “this Act” insert “, or a corresponding dependent territory order,”.
;
c
in paragraph 22(1)(a), for “paragraph (a)” substitute “paragraphs (a) and (aa)”.
5
After Part 1 of Schedule 3, insert Part 2 as set out in the Schedule to this Order.
A. K. Galloway
7th June 2006


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Representation of the People (England and Wales) (Amendment) Regulations 2006 and shall come into force on the fourteenth day after the day on which they are made.
2
Part 1 of these Regulations makes amendments to provisions in the Representation of the People (England and Wales) Regulations 2001 (“the 2001 Regulations ”).
3
Part 2 of these Regulations makes amendments to —
a
the Local Authorities (Conduct of Referendums) (England) Regulations 2001 (“the Conduct of Referendums Regulations”); and
b
the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 (“the Mayoral Elections Regulations”)
4
These Regulations shall not extend to Scotland or Northern Ireland.
5
Regulations 26 and 27 shall not extend to Wales .
PART 1
Amendments to provisions in the 2001 Regulations
Amendment to provision about applications for registration
2
1
Regulation 26 of the 2001 Regulations shall be amended as follows.
2
In paragraph (1) —
a
omit sub-paragraph (f);
b
after sub-paragraph (g) insert —
h
except in the case of a person applying to be registered in pursuance of an overseas elector’s declaration, the applicant’s nationality.
.
Amendment to provision about general requirements for applications for an absent vote
3
In regulation 51(2)(b) of the 2001 Regulations, for “or will be registered” substitute “registered or has applied to be (or is treated as having applied to be) registered”.
Additional provisions concerning the requirements for applications for an absent vote
4
After regulation 51 of the 2001 Regulations insert the following —
Additional provision concerning the requirement that an application for an absent vote must be signed by the applicant
51A
The registration officer may satisfy himself that an application for an absent vote meets the requirement in regulation 51(3) that it has been signed by the applicant by referring to any signature previously provided by the applicant to the registration officer or the returning officer.
Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4
51B
An application under —
a
paragraph 4(3)(a) of Schedule 4 by a person shown as voting by post in the record kept under paragraph 3(4) of that Schedule; or
b
paragraph 7(7) of that Schedule by a person shown as voting by post in the record kept under paragraph 7(6) of that Schedule,
for his ballot paper to be sent to a different address from that shown in the record shall set out why the applicant’s circumstances will be or are likely to be such that he requires his ballot paper to be sent to that address.
.
Amendment to provision about additional requirements for applications for a proxy vote in respect of a particular election
5
1
For regulation 55 of the 2001 Regulations substitute —
Additional requirements for applications for a proxy vote in respect of a particular election
55
1
An application under paragraph 4(2) of Schedule 4 to vote by proxy at a particular election shall set out why the applicant’s circumstances on the date of the poll for that election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station.
2
Where an application under paragraph 4(2) of Schedule 4 —
a
is made on the grounds of the applicant’s physical incapacity; and
b
is made after 5 p.m. on the sixth day before the date of the poll at the election for which it is made,
the requirements of regulation 53 as to the matters to be specified and the attestation shall apply.
3
Where an application mentioned in paragraph (2) above is made, the person who attests the application shall state, in addition to those matters specified in regulation 53(4), to the best of his knowledge and belief, the date upon which the applicant became physically incapacitated.
.
Amendment to provision about closing date for applications
6
1
Regulation 56 of the 2001 Regulations shall be amended as follows.
2
In paragraph (1) for “3(6) or (7)” substitute “3(1), (6) or (7), or 7(4)”.
3
In paragraph (2) for “3(1) or (2), or 6(7) or 7(4)” substitute “3(2) or 6(7)”.
4
For paragraph (3) substitute —
3
Subject to paragraph (3A), an application under paragraph 4(2) or 6(8) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at the election for which it is made.
3A
Where —
a
an application under paragraph 4(2) of Schedule 4 is made on the grounds of the applicant’s physical incapacity; and
b
the applicant became physically incapacitated after 5 p.m. on the sixth day before the date of the poll at the election for which it is made,
the application, or an application under paragraph 6(8) of Schedule 4 made by virtue of that application, shall be refused if it is received after 5 p.m. on the day of the poll at the election for which it is made.“.
5
In paragraph (4) for “7(7)” substitute “4(1) or 7(7)”.
Amendment to provision about grant or refusal of applications
7
1
Regulation 57 of the 2001 Regulations shall be amended as follows.
2
In paragraph (1) and (5) of the 2001 Regulations omit “, where practicable,”.
3
After paragraph (4) insert —
4A
Where the registration officer grants an application made under —
a
paragraph 4(3)(a) of Schedule 4 by a person shown as voting by post in the record kept under paragraph 3(4) of that Schedule; or
b
paragraph 7(7) of that Schedule by a person shown as voting by post in the record kept under paragraph 7(6) of that Schedule,
he shall notify the applicant of this.
4B
Where a person is removed from the record kept pursuant to paragraph 3(4) of Schedule 4, the registration officer shall notify him of this and the reason for it.
4C
Where the appointment of a proxy is cancelled by the elector or otherwise ceases to be in force, the registration officer shall notify the elector that the appointment has been cancelled or, as the case may be, notify him that the appointment has ceased and the reason for it.
Amendment to provision about procedure on issue of postal ballot paper
8
In regulation 72(7)(b) of the 2001 Regulations for “2001” substitute “2000”.
Amendment to provision about spoilt postal ballot papers
9
1
Regulation 77 of the 2001 Regulations shall be amended as follows.
2
For paragraphs (1) and (2) substitute —
1
If a postal voter has inadvertently dealt with his postal ballot paper or declaration of identity in such a manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt ballot paper”) or, as the case may be, a declaration of identity (referred to as “a spoilt declaration of identity”) he may return (either by hand or by post) to the returning officer the spoilt ballot paper or, as the case may be, the spoilt declaration of identity.
2
Where a postal voter exercises the entitlement conferred by paragraph (1), he shall also return —
a
the postal ballot paper or, as the case may be, the declaration of identity, whether spoilt or not;
b
where postal ballot papers for more than one election have been issued together under regulation 65, all other ballot papers so issued, whether spoilt or not; and
c
the envelopes supplied for the return of the documents mentioned in paragraph (1) or sub-paragraph (a) or (b).
.
3
In paragraph (3) —
a
at the beginning insert “Subject to paragraph (3A)”; and
b
for “5pm on the day before the day of the poll” substitute “5pm on the day of the poll”.
4
After paragraph (3) insert —
3A
Where the returning officer receives the documents referred to in paragraph (1) and, where applicable paragraph (2), after 5pm on the day before the day of the poll, he shall only issue another postal ballot paper or, as the case may be, ballot papers if the postal voter returned the documents by hand.
.
5
For paragraph (5) substitute —
5
Any postal ballot paper or declaration of identity, whether spoilt or not, returned in accordance with paragraph (1) or (2) shall be immediately cancelled.
.
6
For paragraph (7) substitute the following paragraph —
7
Where a postal voter applies in person —
a
by 5pm on the day before the day of the poll, the returning officer may hand a replacement postal ballot paper to him; or
b
after 5pm on the day before the day of the poll, the returning officer may only hand a replacement postal ballot paper to him,
instead of delivering it in accordance with regulation 76.
.
Amendment to provision about lost postal ballot papers
10
1
Regulation 78 of the 2001 Regulations shall be amended as follows.
2
For paragraph (1) substitute —
1
Where a postal voter claims either to have lost or not to have received —
a
his postal ballot paper, or
b
the declaration of identity, or
c
one or more of the envelopes supplied for their return,
by the fourth day before the day of the poll, he may apply (whether or not in person) to the returning officer for a replacement ballot paper.
.
3
After paragraph (2) insert —
2A
Where a postal voter exercises the entitlement conferred by paragraph (1), he shall return —
a
the documents referred to in paragraph (1)(a) to (c); and
b
where postal ballot papers for more than one election have been issued together under regulation 65, all other ballot papers so issued,
which he has received and which have not been lost.
2B
Any postal ballot paper or declaration of identity returned in accordance with paragraph (2A) shall be immediately cancelled.
2C
The returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall be again made up and sealed.
.
4
In paragraph (3) —
a
at the beginning insert “Subject to paragraph (3A)”;
b
for “5pm on the day before the day of the poll” substitute “5pm on the day of the poll”;
c
for sub-paragraph (b), substitute —
b
has no reason to doubt that the postal voter has either lost or has not received the original postal ballot paper or the declaration of identity or one or more of the envelopes provided for their return.
5
After paragraph (3) insert —
3A
Where the application is received by the returning officer after 5pm on the day before the day of the poll, he shall only issue another postal ballot paper or, as the case may be, other ballot papers if the postal voter applied in person.
.
6
For paragraph (4)(c) substitute —
c
where the postal voter is a proxy, his name and address.
.
7
For paragraph (6) substitute —
6
Where a postal voter applies in person —
a
by 5pm on the day before the day of the poll, the returning officer may hand a replacement postal ballot paper to him; or
b
after 5pm on the day before the day of the poll, the returning officer may only hand a replacement postal ballot paper to him,
instead of delivering it in accordance with regulation 76.
.
Amendment to provision about alternative means of returning postal ballot paper or declaration of identity
11
1
Regulation 79 of the 2001 Regulations shall be amended as follows.
2
In paragraph (3) at the beginning insert “Subject to paragraph (4)”.
3
After paragraph (3) insert —
4
The returning officer may collect, or cause to be collected, any postal ballot paper or declaration of identity which by virtue of paragraph (3) the presiding officer of a polling station would otherwise be required to deliver or cause to be delivered to him.
5
Where the returning officer collects, or causes to be collected, any postal ballot paper or declaration of identity in accordance with paragraph (4) the presiding officer shall first make it (or them) up into a packet (or packets) sealed with his own seal and the seals of such polling agents as are present and desire to affix their seals.
.
Amendment to provision about forwarding of documents
12
1
Regulation 91 of the 2001 Regulations shall be amended as follows.
2
In paragraph (1) —
a
in sub-paragraph (a) after “77(6)” insert “, 78(2C)”; and
b
in sub-paragraph (b) omit “at a parliamentary election,”.
3
In paragraph (5), after “Secretary of State” insert “and the Electoral Commission in the period which starts 10 days after the day of the poll and ends 15 days after that day”.
Amendment to provision about interpretation and application of Part VI of the 2001 Regulations
13
1
Regulation 92 of the 2001 Regulations shall be amended as follows.
2
In paragraph (2) —
a
in sub-paragraph (a) omit “and”; and
b
after sub-paragraph (b) insert —
c
“relevant conditions” has the same meaning as in section 33(1) of the Data Protection Act 1998 , and
d
“research purposes” shall be construed in accordance with section 33(1) of the Data Protection Act 1998.
.
3
In paragraph (7) —
a
after “obtained” in the first place where it occurs, insert “or is entitled to obtain”;
b
after “regulations”, in the first place where it occurs, insert “97(5), 97A(7),”; and
c
after “109,” insert “109A(9),”.
4
In paragraph (10) —
a
after “95(2),” insert “97(6), 97A(8),”;
b
for “107(4)” substitute “107(3)”; and
c
for “and 109(3)” substitute “, 109(3) and 109A(10)”.
Amendment to provision about restriction on use of the full register, or information contained in it, supplied in accordance with enactments or obtained otherwise
14
1
Regulation 96 of the 2001 Regulation shall be amended as follows.
2
In paragraph (2) for the words “other than” to the end substitute “other than for a permitted purpose construed in accordance with paragraph (2A)”.
3
After paragraph (2) insert —
2A
The “permitted purpose” —
a
where the copy was supplied or the information obtained in pursuance of a relevant provision, means the particular purpose for which the copy was supplied or the information disclosed to the person in question pursuant to the relevant provision;
b
where the copy was not supplied or the information was not disclosed in pursuance of a relevant provision —
i
in the case of a person to whom the copy of the full register was made available for inspection under supervision in accordance with regulations 43(1)(a), 97(2)(a) and (3), 97A(4)(a) and (b), 99(4)(a) and 109A(6)(a) and (b), does not include direct marketing within the meaning of section 11(3) of the Data Protection Act 1998; and
ii
in any other case, means any purpose for which the person to whom this regulation applies could have obtained a copy of the register or the information contained in it pursuant to any enactment, including these Regulations.
Amendment to provision about supply of free copy of full register to the British Library and restrictions on use
15
1
Regulation 97 of the 2001 Regulations shall be amended as follows.
2
In paragraph (1) —
a
omit “, one printed copy of”;
b
in sub-paragraph (a), at the beginning, insert “one printed copy and one data copy of”; and
c
in sub-paragraph (b), at the beginning, insert “one printed copy of”.
3
In paragraph (2), at the beginning, insert “Subject to paragraph (5)”.
4
In paragraph (3), at the beginning, insert “Subject to paragraph (5)”.
5
After paragraph (3) insert —
3A
Where a copy of the full register is made available for inspection by providing the register on a computer screen or otherwise in data form, the British Library shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to —
a
search it by electronic means by reference to the name of any person; or
b
copy or transmit any part of that copy by electronic means.
.
6
In paragraph (4), after “Library” insert “, whether a printed copy or in data form,”
7
After paragraph (4) insert —
5
A person employed by the British Library is not prohibited from supplying a copy of, or disclosing information contained in, a version of the full register where —
a
more than ten years have expired since that version of the register was first published in accordance with regulation 43; and
b
the supply or disclosure is for research purposes in compliance with the relevant conditions.
6
No person who obtains a copy of the full register or to whom information contained in it that is not contained in the edited register is disclosed under the circumstances described in paragraph (5) may —
a
supply a copy of it,
b
disclose any such information, or
c
make use of any such information,
otherwise than for research purposes in compliance with the relevant conditions.
.
Supply of free copy of full register to the National Library of Wales and the National Library of Scotland and restrictions on use
16
After regulation 97 of the 2001 Regulations insert —
Supply of free copy of full register to the National Library of Wales and restrictions on use
97A
1
Each registration officer in Wales shall supply, free of charge and on publication —
a
one printed copy and one data copy of any revised version of the register published under section 13(1) or (3) of the 1983 Act, and
b
one printed copy of any list of overseas electors,
to the National Library of Wales.
2
Each registration officer in England shall supply, free of charge and on publication —
a
one copy of any revised version of the register published under section 13(1) or (3) of the 1983 Act, and
b
one printed copy of any list of overseas electors,
to the National Library of Wales.
3
In paragraph (2)(a), the duty to supply is a duty to supply a data copy unless, prior to publication, the National Library of Wales has requested in writing a printed copy instead.
4
Subject to paragraph (7), no person employed by the National Library of Wales may —
a
supply a copy of the full register other than to another such person or to a person using the Library to inspect it under supervision;
b
disclose any information contained in it (that is not contained in the edited register) otherwise than by allowing a person using the National Library of Wales to inspect it under supervision; or
c
make use of any such information.
5
Where a copy of the full register is made available for inspection by providing the register on a computer screen or otherwise in data form, the National Library of Wales shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to —
a
search it by electronic means by reference to the name of any person; or
b
copy or transmit any part of that copy by electronic means.
6
A person who inspects a copy of the full register, whether a printed copy or in data form, may not —
a
make copies of any part of it, or
b
record any particulars included in it,
otherwise than by means of hand-written notes.
7
A person employed by the National Library of Wales is not prohibited from supplying a copy of, or disclosing information contained in, a version of the full register where —
a
more than ten years have expired since that version of the register was first published in accordance with regulation 43; and
b
the supply or disclosure is for research purposes in compliance with the relevant conditions.
8
No person who obtains a copy of the full register or to whom information contained in it that is not contained in the edited register is disclosed under the circumstances described in paragraph (7) may —
a
supply a copy of it,
b
disclose any such information, or
c
make use of any such information,
otherwise than for research purposes in compliance with the relevant conditions.
Supply of free copy of full register to the National Library of Scotland
97B
Each registration officer in England and Wales shall supply, free of charge and on publication —
a
one data copy of any revised version of the register published under section 13(1) or (3) of the 1983 Act; and
b
one printed copy of any list of overseas electors,
to the National Library of Scotland“.
Amendment to provision for supply of free copy of full register etc to Office for National Statistics and restrictions on use
17
1
Regulation 99 shall be amended as follows.
2
In paragraph (3), at the beginning, insert “Subject to paragraph (6)”.
3
In paragraph (4), at the beginning, insert “Subject to paragraph (6)”.
4
After paragraph (4) insert —
4A
Where a copy of the full register is made available by providing the register on a computer screen or otherwise in data form, the Office shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to —
a
search it by electronic means by reference to the name of any person; or
b
copy or transmit any part of that copy by electronic means.
5
In paragraph (5), after “full register” insert “, whether a printed copy or in data form,”
6
After paragraph (5) insert —
6
A person employed by the Office is not prohibited from supplying a copy of, or disclosing information contained in, a version of the full register where —
a
more than ten years have expired since that version of the register was first published in accordance with regulation 43; and
b
the supply or disclosure is for research purposes in compliance with the relevant conditions.
7
No person who obtains a copy of the full register or to whom information contained in it that is not contained in the edited register is disclosed under the circumstances described in paragraph (6) may —
a
supply a copy of it,
b
disclose any such information, or
c
make use of any such information,
otherwise than for research purposes in compliance with the relevant conditions.
.
Amendment to heading to regulation 102 of the 2001 Regulations
18
1
In the heading to regulation 102 of the 2001 Regulations for “108” substitute “109”.
Amendment to provision for supply of full register etc to certain councils and restrictions on use
19
1
Regulation 107 of the 2001 Regulations shall be amended as follows.
2
For paragraph (1) substitute —
1
Paragraphs (2) to (5) of this regulation apply to —
a
the local authority by which the registration officer was appointed, and
b
a local authority whose area falls wholly or partly within the registration area of that local authority, other than a parish council or community council (within the meaning of paragraph (6)).
3
In paragraph (2) for “all of them” substitute “so much of them as relates to the area of the local authority concerned.”
4
In paragraph (3) for “council”, in each place where it occurs, substitute “local authority”.
5
In paragraph (4) —
a
for “council”, in each place where it occurs, substitute “local authority”; and
b
after sub-paragraph (a) insert —
aa
for the purposes of a poll under section 116 (local polls) of the Local Government Act 2003 , or
.
6
In paragraph (5) for “section 270 of the Local Government Act 1972” substitute “section 116 of the Local Government Act 2003”.
7
At the end of paragraph (8) insert “or for the purposes of a poll under section 116 (local polls) of the Local Government Act 2003”.
Amendment to provision for supply of full register etc to police forces and restrictions on use
20
1
Regulation 109 of the 2001 Regulations shall be amended as follows.
2
In the heading after “police forces” insert “and other agencies,”.
3
In paragraph (1) —
a
in sub-paragraph (e) omit “and”; and
b
after sub-paragraph (f) insert —
g
the Security Service;
h
the Government Communications Headquarters; and
i
the Secret Intelligence Service.
.
4
In paragraph (3) for “purpose” to the end substitute “purposes specified in paragraph (4)”.
5
After paragraph (3) insert —
4
The purposes referred to in paragraph (3) are —
a
in the case of the forces and organisations falling within sub-paragraphs (a) to (f) of paragraph (1) —
i
the prevention and detection of crime and the enforcement of the criminal law (whether in England and Wales or elsewhere);
ii
the vetting of a relevant person for the purpose of safeguarding national security; and
b
in the case of the organisations falling within sub-paragraphs (g) to (i) of paragraph (1), those connected with the carrying out of any of their statutory functions.
5
In this Regulation “relevant person” means —
a
a constable or officer or prospective constable or officer of the force or organisation; or
b
an employee of, or applicant for employment by, the force or organisation.
.
Provision for supply of full register to public libraries and local authority archives services, and restrictions on use
21
After regulation 109 of the 2001 Regulations insert —
Supply of full register to public libraries and local authority archives service, and restrictions on use
109A
1
A public library or a local authority archives service may request the registration officer to supply free of charge the relevant part (within the meaning of paragraph (2)) of any of the following —
a
a revised version of the register published under section 13(1) or (3) of the 1983 Act;
b
any notice setting out an alteration to the register published under section 13A(2) or 13B(3) of that Act;
c
a list of overseas electors.
2
For the purposes of paragraph (1) the relevant part of the documents listed in that provision is so much of them as a public library or local authority archives service has been given responsibility for keeping by a library authority or local authority respectively.
3
Such a request shall be made in writing and shall —
a
specify the documents requested;
b
state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent document on publication; and
c
state whether a printed copy of any of the documents is requested instead of the version in data form.
4
Unless a request has been made in advance of supply under paragraph (3)(c), the copy of a document supplied under this regulation shall be in data form.
5
The registration officer shall supply the relevant part of the documents referred to in paragraph (1) in accordance with a request that has been duly made.
6
Subject to paragraph (9), no person employed by the public library or the local authority archives service may —
a
supply a copy of the full register other than to another such person or to a person using the library or the archives service to inspect it under supervision;
b
disclose any information contained in it (that is not contained in the edited register) otherwise than by allowing a person using the library or the archives service to inspect it under supervision; or
c
make use of any such information.
7
Where a copy of the full register is made available for inspection in accordance with paragraph (6)(a) or (b) by providing the register on a computer screen or otherwise in data form, the library or the archives service shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to —
a
search it by electronic means by reference to the name of any person; or
b
copy or transmit any part of that copy by electronic means.
8
A person who inspects a copy of the full register, whether a printed copy or in data form, may not —
a
make copies of any part of it, or
b
record any particulars in it,
otherwise than by means of hand-written notes.
9
The public library or local authority archives service is not prohibited from supplying a copy of, or disclosing information contained in, a version of the full register where —
a
more than ten years have expired since that version of the register was first published in accordance with regulation 43; and
b
the supply or disclosure is for research purposes in compliance with the relevant conditions.
10
No person who obtains a copy of the full register or to whom information contained in it that is not contained in the edited register is disclosed under the circumstances described in paragraph (9) may —
a
supply a copy of it,
b
disclose such information, or
c
make use of any such information,
otherwise than for research purposes in compliance with the relevant conditions.
11
In this regulation —
“library authority” has the same meaning as in section 206 of the Local Government Act 1972 and section 4 of the Public Libraries and Museums Act 1964 ;
“local authority archives service” means an archives service established by —
a county council,
a county borough council,
a district council,
a London Borough council,
the Common Council of the City of London, or
the Council of the Isles of Scilly,
in exercise of its functions under the Local Government (Records) Act 1962 ;
“public library” means a library maintained by a library authority.
Amendment to provision for sale of full register
22
In regulation 111(7) of the 2001 Regulations after “full register” insert “or any copy of a notice under section 13A(2) or 13B(3) of the 1983 Act”.
Amendment to provision for sale of full register to government departments
23
1
Regulation 113 of the 2001 Regulations shall be amended as follows.
2
In the heading after “government departments” insert “and other bodies”.
3
In paragraph (1) for “to a government department” substitute —
to —
a government department;
the Environment Agency;
the Financial Services Authority; or
a body not falling within sub-paragraphs (a) to (c) which carries out the vetting of any person for the purpose of safeguarding national security,
other than a force or organisation to which regulation 109(1) applies.
4
For paragraph (2) substitute —
2
For the purposes of regulation 112(3), the relevant restrictions apply —
a
in the case of a body falling within sub-paragraphs (a) to (c) of paragraph (1), except for the purpose of —
i
the prevention and detection of crime and the enforcement of the criminal law (whether in England and Wales or elsewhere);
ii
the vetting of employees and applicants for employment where such vetting is required pursuant to any enactment;
iii
the vetting of any person where such vetting is for the purpose of safeguarding national security; or
iv
supply and disclosure in accordance with paragraphs (3) to (6); and
b
in the case of a body falling within sub-paragraph (d) of paragraph (1), except for the purpose of the vetting of any person where such vetting is for the purpose of safeguarding national security.
5
In paragraph (3), after “government department” insert “, other than one mentioned in regulation 109(1)(g) to (i),”.
Amendment to provision for offences in respect of contravention of Part VI regulations
24
For regulation 115(2) of the 2001 Regulations substitute —
2
Those provisions are regulations 92(9), 94(3), 95(2), 96(2), 97(2), (4) and (6), 97A(4), (6) and (8), 98(9), 99(3), (5) and (7), 100(3) and (5), 101(6), 103(3), 104(3), 105(4), 106(3), 107(3) and (8), 108(5), 109(3), 109A(6), (8) and (10), 112(4) and (5) and 113(5) and (6).
Amendment to Form K: Statement as to postal ballot papers
25
1
Form K in Schedule 3 to the 2001 Regulations shall be amended as follows.
2
For “PARLIAMENTARY ELECTION” substitute “[ INSERT TYPE OF ELECTION ]”.
3
For “Constituency” substitute “[ Insert name of constituency or electoral area ]”.
PART 2
Amendments to provisions in the Conduct of Referendums Regulations and the Mayoral Elections Regulations
Amendment to provision for hours of polling in the Conduct of Referendums Regulations
26
1
Regulation 12 of the Conduct of Referendums Regulations shall be amended as follows.
2
In paragraph (1) for “8 a.m. and 9 p.m.” substitute “7 a.m. and 10 p.m.”.
3
For paragraph (2) substitute —
2
Paragraph (1) shall not apply to a referendum as regards which a determination under regulation 10(1) has effect.
.
4
Omit paragraph (3).
Amendment to Table 4 in Schedule 3 to the Conduct of Referendums Regulations which applies and modifies the 2001 Regulations
27
1
Table 4 (provision and, if of limited application, relevant circumstances), in Schedule 3 to the Conduct of Referendums Regulations shall be amended as follows.
2
In the left-hand column of Table 4, below “Regulation 51 (general requirements for applications for an absent vote)” insert two new entries —
Regulation 51A (additional provision concerning the requirement that an application for an absent vote must be signed by the applicant)
Regulation 51B (additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4)
.
Amendment to provisions as to time in the Mayoral Elections Regulations
28
In rule 3 in Schedule 3 to the Mayoral Elections Regulations, in that part of the timetable concerning polling for “Between the hours of “ to “during those hours” substitute “Between the hours of 7 in the morning and 10 at night”.
Signed on and behalf of the Secretary of State
Harriet Harman
Minister of State
Department for Constitutional Affairs
Date 9th March 2006


text:
Citation and commencement
1
This Order may be cited as the Crime Prevention (Designated Areas) Order 2006 and comes into force on 17 th March 2006.
Interpretation
2
In this Order, “the map” means the map numbered 86 and entitled “Map referred to in the Crime Prevention (Designated Areas) Order 2006”, of which a print signed on behalf of the Secretary of State for Environment, Food and Rural Affairs is deposited at the offices of —
a
the Department for Environment, Food and Rural Affairs, and
b
the highway authority for the area hatched and edged red on that map.
Designated area
3
The area hatched and edged red on the map is hereby designated for the purposes of section 118B of the Highways Act 1980.
Jim Knight
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
9th February 2006


text:
Citation, commencement and effect
1
This Order may be cited as the Income Tax (Exempt Amounts for Childcare Vouchers and for Employer Contracted Childcare) Order 2006, shall come into force on 6th April 2006, and shall have effect for the year 2006-07 and subsequent years of assessment.
Amendment of the Income Tax (Earnings and Pensions) Act 2003
2
In the Income Tax (Earnings and Pensions) Act 2003, in section 270A(6)(a) (amount of limited exemption for qualifying childcare vouchers) and in 318A(6) (amount of limited exemption for qualifying employer contracted childcare), for “£50” substitute “£55”.
Tom Watson
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd March 2006


text:
1
This Order may be cited as the Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2006 and shall come into force on the day after the day on which it is made.
2
The following organisations are added at the end of Schedule 2 (Proscribed Organisations) to the Terrorism Act 2000 :
Al-Ghurabaa
The Saved Sect
Baluchistan Liberation Army
Teyrebaz Azadiye Kurdistan.
Tony McNulty
Minister of State
Home Office
25th July 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use and Medical Devices (Fees Amendments) Regulations 2006 and shall come into force on 1st April 2006.
2
In these Regulations —
“the Devices Regulations ” means the Medical Devices (Consultation Requirements)(Fees) Regulations1995 ;
“the General Fees Regulations ” means the Medicines (Products for Human Use — Fees) Regulations 1995 ; and
“the Homoeopathic Products Regulations ” means the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 .
Amendment of the General Fees Regulations
2
1
The General Fees Regulations are amended as follows.
2
In each provision specified in the entries in column (1) of the Schedule to these Regulations (the content of which is described in column (2) of that Schedule), for the amount specified opposite that provision in column (3) of that Schedule substitute the amount specified opposite that provision in column (4) of that Schedule.
3
In Part II of Schedule 1 (capital fees for applications for authorizations, licences and certificates) , in paragraph 5, omit sub-paragraphs (1)(aa) and (3).
4
In Part III of Schedule 1 (capital fees for applications for variations of authorizations, licences and certificates) , in paragraph 7 —
a
in sub-paragraph (a), at the end, insert “and”; and
b
omit sub-paragraph (aa).
5
In Schedule 2 (fees for inspections) , in paragraph 2 —
a
in sub-paragraph (d), at the end, insert “and”; and
b
omit sub-paragraph (e).
6
In Part III of Schedule 3 (periodic fees for marketing authorizations and licences , for sub-paragraph (1) of paragraph 7, substitute —
1
The fee payable under regulation 14(3) in connection with the holding of a manufacturer’s licence shall be £356.
.
Amendment of the Homoeopathic Products Regulations
3
1
The Homoeopathic Products Regulations are amended as follows.
2
In regulation 14 (fees for variations of certificates) —
a
in paragraph (2)(a), for “£218” substitute “£226”;
b
in paragraph (2)(b)(i), for “£218” substitute “£226”;
c
in paragraph (2)(b)(ii), for “£218” substitute “£226”;
d
in paragraph (2)(b)(iii), for “£110” substitute “£114”; and
e
in paragraph (2)(b)(iv), for “£55” substitute “£57”.
3
In the table in Schedule 2 (fees for applications for the grant of certificates of registration —
a
in column (2) (fees for applications in respect of products prepared from not more than 5 homoeopathic stocks) —
i
for “£134” substitute “£148”;
ii
for “£402” substitute “£444”; and
iii
for “£664” substitute “£734”; and
b
in column (3) (fees for other applications) —
i
for “£330” substitute “£365”;
ii
for “£592” substitute “£654”;
iii
for “£869” substitute “£960”.
Amendment of regulation 3 of the Devices Regulations
4
1
In regulation 3 of the Devices Regulations (fees) —
a
in paragraph (1)(a), for “£3,575” substitute “£3,948”;
b
in paragraph (1)(b), for “£8,333” substitute “£9,202”;
c
in paragraph (2)(a), for “£707” substitute “£781”;
d
in paragraph (2)(b), for “£1,978” substitute “£2,184”;
e
in paragraph (3)(a), for “£3,575” substitute “£3,948”;
f
in paragraph (3)(b), for “£8,333” substitute “£9,262”;
g
in paragraph (4)(a), for “£707” substitute “£781”;
h
in paragraph 4(b), for “£1,978” substitute “£2,184”;
i
in paragraph (5)(a), for “£36,560” substitute “£40,374” and
j
in paragraph (5)(b), for “£9,077” substitute “£10,024”.
Signed by authority of the Secretary of State for Health
Jane Kennedy
Minister of State,
Department of Health
26th February 2006
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
Andrew McCormick
Permanent Secretary,
Department of Health, Social Services and Public Safety
23rd February 2006
Sealed with the Official Seal of the Department of Agriculture and Rural Development
Pat Toal
Permanent Secretary,
Department of Agriculture and Rural Development
23rd February 2006
We consent,
Gillian Merron and Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
27th February 2006


text:
1
This Instrument may be cited as The Stockton-on-Tees Borough Council North Shore Development (North Shore Footbridge) Scheme 2006 Confirmation Instrument 2006 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Stockton-on-Tees Borough Council North Shore Development (North Shore Footbridge) Scheme 2006 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plan) and copies of the Scheme with its accompanying plan are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA, and at the offices of Stockton-on-Tees Borough Council, Municipal Buildings, Church Road, Stockton-on-Tees, TS18 1LD.
Signed by authority of the Secretary of State for Transport
J. Blackie
Regional Director Government Office for the North East
7th September 2006


text:
1
This Order may be cited as the A63 Trunk Road (East of Peckfield Bar to Boot & Shoe) (Detrunking) Order 2006 and shall come into force on 25th May 2006.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the Motorway and connecting roads” means the special roads which the Secretary of State is authorised to provide by the A1 Motorway (Ferrybridge to Hook Moor and Connecting Roads) Scheme 1999;
ii
“the trunk road” means the A63 Trunk Road;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers highways classified by the Secretary of State; and
iv
“the plan” means the plan numbered HA/10/MP/070 and marked “The A1 Trunk Road (East of Peckfield Bar to Boot & Shoe) (Detrunking) Order 2006,” signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
3
The length of trunk road described in the Schedule to this Order and shown by broad hatching on the plan shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies the Leeds City Council that the motorway and connecting roads are open for traffic.
Signed by authority of the Secretaryof State for Transport
A Divisional Director Highways Agency
25th April 2006


text:
Citation and commencement
1
These Regulations may be cited as the Petroleum Revenue Tax (Attribution of Blended Crude Oil) Regulations 2006, shall come into force on the day following that on which they are made and shall have effect in respect of chargeable periods ending on or after 1st July 2006.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Finance Act 1987 ;
“balancing parcel” is the difference between —
the volume of blended oil which a purchaser has notified to the participator as being required under the contract; and
the volume of blended oil actually lifted under that contract;
“blended oil” has the meaning given by section 63(1A) of the Act ;
“lifting” is —
the loading of a volume of blended oil onto a tanker from an offshore loading point or an onshore oil terminal, or
the transfer of a volume of blended oil by means of a pipeline to an onshore oil terminal,
and cognate expressions shall be construed accordingly;
“loading schedule” is the schedule produced each month by the terminal operator based upon the projected monthly production entitlement for each participator for the blended oil in question;
“month” is a calendar month and “monthly” shall be construed accordingly;
“nomination excess” is the amount by which the market value of a relevant delivery exceeds the participator’s delivery proceeds of that relevant delivery (within the meaning of section 61(3) of the Act );
“opening stock” —
in relation to the first month to which these Regulations apply in relation to a participator’s interest in a particular originating field, is so much of the amount found by the latest computation of a participator’s production entitlement in that field, used in constructing a loading schedule, as has not been lifted at the start of that month (and which may accordingly be a positive or negative value); and
in relation to any later month to which these Regulations apply in relation to such an interest is —
the participator’s production entitlement in respect of that interest at the start of the preceding month; less
the total volume of oil lifted during the previous month and allocated, in accordance with these Regulations to that field;
“originating field” has the meaning given by section 63(1A) of the Act;
“period of entitlement contract” is a contract under which a participator sells its projected oil entitlement over a fixed period to a purchaser in return for regular payment, and under which the purchaser has discretion as to when to lift that oil;
“production entitlement” in relation to an originating field means the sum of —
the participator’s opening stock of oil from that field; and
his qualifying production from that field;
“qualifying production” means —
in the case of oil in a blend where oil is normally allocated to an originating field in advance of lifting, the projected production referred to in the loading schedule for the period in question; and
in any other case, the amount of oil actually won by the participator from that field;
“relevant delivery” has the meaning given by paragraph 12A of Schedule 10 to the Act;
“term contract” is a contract for the sale of a volume of oil within a specified period which is subject to more than one delivery.
2
Section 839 of the Income and Corporation Taxes Act 1988 (connected persons) applies to determine whether persons are connected with each other for the purposes of these Regulations.
Volume of oil
3
1
For the purposes of the following provisions of these Regulations references to the volume of oil lifted shall be construed —
a
if the conditions in paragraph (2) are satisfied, as a reference to the nominated volume; and
b
in any other case, as a reference to the volume actually lifted.
2
The conditions are that —
a
the contract under which the oil is to be lifted entitles the purchaser to notify the participator of the volume of oil to be lifted under it (“the nominated volume”);
b
the agreement between the participator and the operator of the terminal from which the oil is actually to be lifted entitles the participator to allocate the nominated volume between the participator’s field interests and provides for different treatment of the balancing parcel; and
c
the nominated volume is allocated as mentioned in sub-paragraph (b).
3
Regulation 6 (treatment of balancing parcels) applies where the conditions in paragraph (2) are satisfied.
4
Any references in these Regulations to a volume of oil is to a volume calculated in barrels.
For this purpose a barrel is a volume of 0.158987 cubic metres of oil.
Allocation of blended oil lifted
4
1
For each lifting of blended oil by a participator in an originating field, the amount to be allocated to each originating field in respect of that lifting is —
A ×
B
C
Here —
A is the volume of blended oil of a particular blend lifted by the participator in that lifting;
B is the total volume of the participator’s production entitlement for that blend from the originating field for that month; and
C is the sum of —
the participator’s production entitlements from all originating fields for that blend, and
so much of the seller’s production entitlement in respect of oil of that blend for that period as the participator is entitled to lift under period of entitlement contracts,
but where an entitlement in respect of an originating field is a negative amount that entitlement shall be treated as zero in computing C.
These definitions are subject to the following qualifications.
2
Where oil is lifted under a period of entitlement contract or a term contract regulation 5 applies.
3
The final volume produced by application of the formula in paragraph (1) may be adjusted (up or down) by the participator by up to a maximum of 1000 barrels.
But the sum of the adjusted volumes in respect of each allocation must equal the total volume of blended oil lifted.
Period of Entitlement Contracts and Term Contracts
5
1
Where a participator in an originating field sells blended oil under a period of entitlement contract or a term contract, and the contract relates to oil from more than one field, the following formula applies to determine how much of the volume of oil lifted and sold under the contract must be allocated to each originating field in the blend —
A ×
B
C
Here —
A is the volume of blended oil lifted in the lifting in question;
B is the total volume of the participator’s production entitlement for that blend from the originating field for that month under the terms of the contract; and
C is the sum of the participator’s production entitlements from that blend from all originating fields for that month under the contract, but where an entitlement in respect of an originating field is a negative amount, that entitlement shall be treated as zero in computing C.
2
The final volume produced by application of the formula in paragraph (1) may be adjusted (up or down) by the participator to a maximum of 1000 barrels.
But the sum of the adjusted volumes in respect of each allocation must be equal to the total volume of oil of the particular blend lifted.
Balancing parcels
6
1
Where this regulation applies —
a
the participator must notify Her Majesty’s Revenue and Customs of an originating field (“the receiving field”) to which balancing parcels of the particular blend of oil are to be attributed, and
b
every balancing parcel in respect of that blend must be allocated to the receiving field, but subject to the following provisions of this regulation.
2
When a receiving field ceases oil production, the participator must allocate balancing parcels to another originating field (“the substituted field”), and thereafter this regulation applies to the substituted field as it applied to the receiving field.
3
Where the allocation, or continuing allocation, of a balancing parcel to a receiving field becomes impossible having regard to the terms of the agreement between the participator and the terminal operator for that field, the participator must notify Her Majesty’s Revenue and Customs that another originating field is to be treated as the receiving field while those conditions persist.
4
A notice under paragraph (3) must be given before the first allocation of a balancing parcel to the other originating field which is to be treated as the receiving field.
Sale of field interests
7
1
If a participator (“the seller”) agrees to sell a field interest to an unconnected party (“the buyer”) the seller must notify Her Majesty’s Revenue and Customs in writing of —
a
the names of the buyer and seller;
b
the field interest in question;
c
the proposed completion date of the sale; and
d
the cessation date.
2
In this regulation “the cessation date” means the date after which, in accordance with the contract for the sale of the field interest, the seller will make no further lifting of oil won from that field interest, except as required by the terminal operator, prior to completion of the sale.
3
The information must be provided to Her Majesty’s Revenue and Customs no later than the first day of the month preceding the month in which the cessation date falls.
4
From the later of the cessation date, or the end of the month in which falls the date on which the information specified in paragraph (1) is received by Her Majesty’s Revenue and Customs —
a
any amounts lifted from that field interest (“the separated interest”)shall be separated from the seller’s other field interests for the purposes of calculating the allocation entitlements for that field; and
b
the entitlements in respect of the separated interest shall be calculated on the basis of the formula set out in paragraph (5).
5
For each lifting of blended oil from the separated interest in a month, the following formula applies to determine the quantity of oil lifted from each of the fields from which the oil is derived —
A ×
B
C
Here —
A is the volume of oil lifted;
B is the total amount of the seller’s production entitlement for the separated interest for that month; and
C is the sum of the seller’s production entitlement from all his separated interests for that month.
Sale of field interest — further provisions
8
1
This regulation applies when, during a chargeable period —
a
a field interest, from which oil is used to produce blended crude oil, is sold to a buyer with whom the seller is not connected; and
b
the seller retains another field interest forming part of the same blend.
2
Where this regulation applies, the adjustment to the closing stock is calculated as follows.
Step 1
Find the operational closing stock, that is to say the amount found by the formula E — L.
Here —
E is the sum of —
the participator’s operational stock of oil won from that field interest at the start of the month in which the field interest is sold; and
the amount of oil actually won by the participator from that field interest during that month; and
L is the amount of oil actually lifted in that month and won from that field interest.
In paragraph (a) of the definition of E “operational stock” is so much of the amount found by the latest computation of a participator’s production entitlement in that field, used in constructing a loading schedule, as has not been lifted at the start of that month (and which may accordingly be a positive or negative value).
Step 2
Find the tax closing stock, that is to say the amount found by the formula O +W — A
Here —
O is the opening stock at the start of the month in which the field interest is sold;
W is the amount of oil actually won by the participator from that field interest during that month; and
A is the amount of oil allocated to that field under regulations 4 to 6.
Step 3
Subtract the result of Step 2 from that of Step 1.
3
The amount found under Step 3 (whether positive or negative) must be allocated to the other field interests in the blend of which the field interest to be sold is a part, in accordance with regulation 4 but, for the purposes of calculating C in regulation 4(1), the participator’s production entitlement for the field interest being sold shall be zero.
Sale of field interest not proceeding
9
1
In the event that it appears to the proposed seller that the sale of a field interest or interests will not proceed, the seller shall notify Her Majesty’s Revenue and Customs, no later than the due date for his petroleum revenue tax return for the period in which the seller is first aware of this, that it will not proceed.
2
Where a sale does not proceed —
a
from the beginning of the month following that in which the seller is first aware that the sale will not proceed the separation of the field interest or interests which were the subject matter of the sale will cease; and
b
thereafter the formula set out in regulation 4 will again apply for the purposes of allocating any lifting from that field or those fields.
Allocation of Nomination Excesses
10
Where a participator makes a relevant delivery of blended oil the following provisions apply to determine how much of his nomination excess to attribute to each originating field.
Step 1
Calculate the respective volumes of blended lifted oil to be allocated to individual originating fields applying the formula in regulation 4(1).
Step 2
Establish the total volume of the relevant delivery of blended oil.
Step 3
Divide each of the volumes calculated in Step 1 by the amount found under Step 2.
Step 4
Multiply each result of Step 3 by the nomination excess.
The result is the nomination excess to be allocated to the individual originating field in question.
Paul Gray
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
13th December 2006