othertales/uklegislation huggingface dataset:
NATIONAL HEALTH SERVICE, ENGLAND Citation, commencement, interpretation and application 1 1 These Regulations may be cited as the National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2005 and shall come into force on 1 st February 2005. 2 These Regulations apply to England only. 3 In these Regulations— a “the principal Regulations ” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003( ; and b “the Income Support Regulations ” means the Income Support (General) Regulations 1987 . Amendment of the principal Regulations 2 In regulation 2 (interpretation) of the principal Regulations after the definition of “standard rate” insert the following definition— “ State Pension Credit Regulations ” means the State Pension Credit Regulations 2002 ; . Amendment of Schedule 1 to the principal Regulations 3 1 Schedule 1 to the principal Regulations (Modifications of the Income Support (General) Regulations 1987) is amended as follows. 2 In Table A, in the modifications of Schedule 8 to the Income Support Regulations— a for the first entry beginning “In paragraph 4(2)” substitute the following entry— For paragraph 4(3) substitute the following paragraph— 3 This paragraph applies where— a the claimant is aged not less than 60; or b the claimant is a member of a couple, where at least one partner is aged not less than 60. ; and b for the entry beginning “In paragraph 4 omit” substitute “In paragraph 4 omit sub- paragraphs (4) and (7).”. 3 In Table B, in the modifications of Schedule 2 to the Income Support Regulations— a in column 2 of the Table, in the entry beginning “In column (1) of the Table” for “sub-paragraphs (1) to (4)” substitute “sub-paragraphs (1) to (3)”; b in column 2 of the Table, in sub-paragraph (2) of the modifications of column (1) of the Table in paragraph 1 of Schedule 2 to the Income Support Regulations, after “single person” insert “or lone parent”; and c in column 2 of the Table, in sub-paragraph (3) of the modifications of column (1) of the Table in paragraph 1 of Schedule 2 to the Income Support Regulations, after “lone parent” insert “aged less than 60”. Signed by authority of the Secretary of State for Health Rosie Winerton Minister of State, Department of Health 11th January 2005
SEA FISHERIES, ENGLAND Citation and commencement 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Admittance of observers on board vessels 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Penalties 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recovery of fines 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of British sea-fishery officers in relation to fishing boats 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of British sea-fishery officers on land 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of British sea-fishery officers to seize fish, acoustic devices and fishing gear 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection of officers 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obstruction of officers 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of other officers 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions as to offences 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Admissibility in evidence of logbooks and other documents 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
LONDON GOVERNMENT Citation and commencement 1 This Order may be cited as the Transport for London (Consequential Provisions) Order 2005 and shall come into force on 14th February 2005. Modification of the London Local Authorities Act 1995 2 1 Schedule 1 (which amends provisions of the London Local Authorities Act 1995 in respect of Transport for London) shall have effect. 2 Paragraph 2 of Schedule 1 shall cease to have effect on the coming into force of the repeal of section 4 of the London Local Authorities Act 1995 by Part 1 of Schedule 12 to the Traffic Management Act 2004 . Modification of London Local Authorities Act 2000 3 1 Schedule 2 (which amends provisions of the London Local Authorities Act 2000 in respect of Transport for London) shall have effect. 2 In the case of each of paragraphs 2 to 11 of Schedule 2 that paragraph shall cease to have effect on the coming into force of the repeal, by Part 1 of Schedule 12 to the Traffic Management Act 2004, of the section of the London Local Authorities Act 2000 to which the paragraph relates. Signed by authority of the Secretary of State Charlotte Atkins Parliamentary Under Secretary of State, Department for Transport 17th January 2005
IMMIGRATION Citation, commencement and interpretation 1 These Regulations may be cited as the Immigration (Procedure for Marriage) Regulations 2005 and shall come into force on 1st February 2005. 2 In these Regulations, “the 2004 Act ” means the Asylum and Immigration (Treatment of Claimants, etc) Act 2004. Specified registration districts in England and Wales 3 The registration districts in England and Wales listed in Schedule 1 are specified for the purposes of section 19(2)(a) of the 2004 Act. Prescribed registration districts in Scotland 4 Every registration district in Scotland is prescribed for the purposes of section 21(2)(a) of the 2004 Act. Prescribed registrars in Northern Ireland 5 The registrar of every register office in Northern Ireland is prescribed for the purposes of section 23(2)(a) of the 2004 Act. Specified classes of person 6 1 A person who is settled in the United Kingdom is hereby specified for the purpose of sections 19(3)(c), 21(3)(c) and 23(3)(c) of the 2004 Act. 2 In this regulation, “settled in the United Kingdom” has the meaning given in paragraph 6 of the immigration rules (which are the rules laid before Parliament under section 3(2) of the Immigration Act 1971 ). Application for permission 7 1 A person seeking the permission of the Secretary of State to marry in the United Kingdom under section 19(3)(b), 21(3)(b) or 23(3)(b) of the 2004 Act shall— a make an application in writing; and b pay a fee on the submission of the application in accordance with regulation 8. 2 The information set out in Schedule 2 is to be contained in or provided with the application. 8 1 The fee to be paid in connection with the application is £135. 2 The fee is to be paid to the Immigration and Nationality Directorate of the Home Office— a by a cheque or postal order crossed and made payable to “Home Office Certificate of Approval”; or b by means of any debit card or credit card which that Directorate accepts. Des Browne Minister of State Home Office 10th January 2005
FOOD Title and commencement 1 These Regulations may be cited as the Charges for Inspections and Controls (Amendment) Regulations 2005 and come into force on 5th February 2005. Amendment of previous Regulations 2 The Charges for Inspections and Controls Regulations 1997 shall be amended as follows: a in regulation 2(1), omit the definition of “the Minister”, and for those words, wherever they appear in those Regulations, substitute the words “the Secretary of State”; b in regulation 3(1) and 4(1), for “him”, wherever it appears, substitute “her”; c in regulation 3(1), after “shall”, insert “, except where regulation 4(4D) applies,”; d in regulation 4(1), after “paragraph (2)”, insert, “ or, as the case may be, paragraphs (4D) and (4E),”; e after paragraph (4A) of regulation 4 insert the following paragraphs— 4B Where the charge made under regulation 3(1) concerns the inspection and control of eggs, the Secretary of State may enter into an agreement with an organisation providing for the organisation to make payments to her in accordance with paragraphs (4C) to (4E), if she reasonably considers that the organisation is supported by persons falling within paragraph (2)(h). 4C If she enters into an agreement she must publicise— a the fact of having done so; b its duration; and c if not of a term certain, the way in which she will notify its termination, in a manner she considers suitable for informing persons concerned in the egg trade. 4D So long as the agreement is in effect following that publication— a paragraph (2)(h) shall not apply, and b the organisation shall pay the Secretary of State the total actual cost of control as referred to in point 1(d) of Annex B to Council Directive 96/43/EC amending and consolidating Directive 85/73/ EEC in order to ensure financing of veterinary inspections and controls on live animals and certain animal products and amending Directive 90/675/EEC and 91/496/EEC ; 4E Where paragraph (4D) applies— a the Secretary of State shall demand payment in writing specifying the period to which the demand relates, and b in any proceedings for recovery brought by the Secretary of State a certificate made by her stating the amount recoverable shall be evidence of the amount in question. ; and f in paragraph (5) of regulation 4, for “operator”, substitute “occupier”. Ben Bradshaw Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs 8th January 2005
EDUCATION, ENGLAND Citation, commencement and application 1 1 These Regulations may be cited as the Education (School Attendance Targets) (England) Regulations 2005, and shall come into force on 14 th February 2005. 2 These regulations apply only in relation to England. Interpretation 2 1 In these Regulations — “absence” means an occasion when a relevant day pupil is recorded as absent from a school in accordance with the Education (Pupil Registration) Regulations 1995 ; “the total possible attendances” means the number produced by multiplying the number of relevant day pupils at the school by the number of school sessions in the applicable period in that year; “relevant day pupil” means a registered pupil of compulsory school age apart from a boarder; “the applicable period” means the period starting with the beginning of a school year and finishing with the end of the school day falling on the Friday before the last Monday in May in that school year. Duty to set school attendance targets 3 The governing body of every maintained school other than a special school established in a hospital shall set annual targets for reducing the number of absences from school in accordance with regulation 4. 4 1 The governing body shall set a target and shall submit it to the local education authority– a by 1 st April 2005 for the school year commencing later in that year; b by 31 st December 2005 for the school year commencing in 2006; and c by 31 st December 2006 for the school year commencing in 2007. 2 The annual target shall be the total absences expected in the school year, expressed as a percentage of the total possible attendances by pupils at the school. Agreement and notification of targets 5 1 Where the local education authority is not satisfied with a target submitted by a governing body it shall forthwith give notice to the governing body; and the governing body shall submit a revised target within 21 days of receipt of such a notice. 2 Where the local education authority is not satisfied with a revised target submitted under paragraph (1) it shall set the target. 3 The local education authority shall within one month of each of the dates in regulation 4(1) above or as soon as possible thereafter notify the Secretary of State of all the targets submitted to it or set by it under this regulation for the relevant school year. Modification of targets 6 A governing body shall not modify a target which has been submitted to the Secretary of State without the agreement of the local education authority. Revocation 7 The Education (School Attendance Targets) (England) Regulations 1999 are hereby revoked. Derek Twigg Parliamentary Under Secretary of State Department for Education and Skills 17th January 2005
NATIONAL HEALTH SERVICE, ENGLAND Citation, commencement, application and interpretation 1 1 This Order may be cited as the Retained Organs Commission (Abolition) Order 2005 and comes into force on the 1 st February 2005. 2 This Order applies to England only. 3 In this Order— “the Commission” means the Retained Organs Commission established by the Retained Organs Commission (Establishment and Constitution) Order 2001 ; “the Secretary of State” means the Secretary of State for Health. Abolition of the Commission and revocation of Orders and Regulations 2 The Commission is abolished and accordingly the Orders and Regulations in Schedule 1 are revoked. Consequential Amendment of Orders and Regulations 3 The amendments in Schedule 2 are made in consequence of the abolition of the Commission. Investigation of complaints by the Health Service Commissioner 4 1 A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for England in relation to the Commission, whether made before, on or after the coming into force of this Order, may be investigated by the Commissioner notwithstanding the abolition of the Commission . 2 The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the Secretary of State. Enforceability of rights and transfer of liabilities 5 1 Any right arising from the exercise of functions under the Secretary of State’s Directions to the Commission listed in paragraph (3) that immediately before 1 st February 2005 was enforceable by or against the Commission is transferred to the Secretary of State. 2 Any liability arising from the exercise of functions under those Directions that was immediately before 1 st February 2005 enforceable against the Commission is transferred to the Secretary of State. 3 The Directions referred to in paragraphs (1) and (2) are those dated– a 11th April and 18th October 2001; b 14th May 2002; c 31st March 2004. Signed by authority of the Secretary of State for Health Rosie Winterton Minister of State, Department of Health 7th January 2005
EDUCATION, NORTHERN IRELAND Citation, commencement and interpretation 1 These Regulations may be cited as the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2005 and shall come into force on 1st March 2005. 2 In these Regulations “the 2002 Regulations ” means the Education (Student Support) (No. 2) Regulations 2002 . Amendment of the 2002 Regulations 3 The 2002 Regulations are amended as follows. 4 In regulation 39 substitute for paragraph (2) the following– 2 In Northern Ireland— a there shall not be treated as part of a bankrupt’s estate or claimed for his estate under Article 280 or 283 of the Insolvency (Northern Ireland) Order 1989 any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy; and b there shall not be included in a person’s bankruptcy debts any debt or liability to which he is or may become subject in respect of any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive— i in the case of a bankruptcy commencing before 1st March 2005, after the commencement of the bankruptcy; or ii in the case of a bankruptcy commencing on or after 1st March 2005, before or after the commencement of the bankruptcy. . Kim Howells Minister of State Department for Education and Skills 7th January 2005
EDUCATION, ENGLAND Citation and commencement 1 These Regulations may be cited as the Education (Co-ordination of Admission Arrangements) (Primary Schools) ( England) (Amendment) Regulations 2005 and shall come into force on 28th February 2005. Amendment of Regulations 2 The Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) Regulations 2002 are further amended in accordance with these Regulations. 3 In regulation 1 after paragraph (2 ) insert— 3 These Regulations do not apply to the Council of the Isles of Scilly Stephen Twigg Minister of State Department for Education and Skills 6th January 2005
FINANCIAL SERVICES AND MARKETS Citation and commencement 1 This Order may be cited as the Financial Services and Markets Act 2000 (Gibraltar) (Amendment) Order 2005, and comes into force on 14th January 2005. Amendment of the Financial Services and Markets Act 2000 (Gibraltar) Order 2001 2 1 Article 2 of the Financial Services and Markets Act 2000 (Gibraltar) Order 2001 is amended as follows. 2 After paragraph (3) insert— 3A A Gibraltar-based firm falling within paragraph 5(e) of Schedule 3 is to be treated as having an entitlement, corresponding to its EEA right deriving from the insurance mediation directive, to establish a branch or provide services in the United Kingdom. . 3 In paragraph (4)— a for “(2) and (3)” substitute “(2), (3) and (3A)”; and b for “5(b) and (d)” substitute “5(b), (d) and (e)”. 4 In paragraphs (5) and (7) for “(2) or (3)”, wherever occurring, substitute “(2), (3) or (3A)”. Derek Twigg John Heppell Two of the Lords Commissioners of Her Majesty’s Treasury 6th January 2005
OPTICIANS 1 This Order may be cited as the General Optical Council (Registration and Enrolment) (Amendment No. 2) Rules Order of Council 2004 and shall come into force on 1st January 2005. 2 The General Optical Council (Registration and Enrolment (Amendment) Rules) Order of Council 2004 is hereby revoked. G C Donald Deputy Clerk of Privy Council
HIGHWAYS, ENGLAND 1 1 This Order may be cited as the A63 Trunk Road (Osgodby Bypass) Order 2004 and shall come into force on 10th February 2005. 2 In this Order, all measurements of distance are measured along the route of the relevant highway. 2 The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force. 3 The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA10/ TD /005, marked “The A63 Trunk Road (Osgodby Bypass) Order 2004”, signed by authority of the Secretary of State for Transport and deposited at the ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA. 4 The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that— a where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and b where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic. Signed by authority of the Secretary of State for Transport Arthur Ashburner Divisional Director Highways Agency 24th December 2004
HIGHWAYS, ENGLAND 1 This Order may be cited as the A63 Trunk Road (Barlby Junction to Bridge Farm) (Detrunking) Order 2004 and shall come into force on 10th February 2005. 2 In this Order— i “classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads; ii “the new trunk road” means the new highway which the Secretary of State proposes to construct referred to in article 2 of the A63 Trunk Road (Osgodby Bypass) Order 2004 ; iii “the trunk road” means the Liverpool-Leeds-Hull Trunk Road (A63). 3 The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies the North Yorkshire County Council that the new trunk road is open for traffic. Signed by authority of the Secretary of State for Transport Arthur Ashburner Divisional Director Highways Agency 24th December 2004
SOCIAL SECURITY Citation and commencement 1 These Regulations may be cited as the Social Security (Claims and Payments and Payments on account, Overpayments and Recovery) Amendment Regulations 2005 and shall come into force on 2nd May 2005. Amendment of the Social Security (Claims and Payments) Regulations 1987 2 1 The Social Security (Claims and Payments) Regulations 1987 shall be amended in accordance with the following paragraphs. 2 In regulation 4 (making a claim for benefit)— a in paragraph (1) for “Every” substitute “Subject to paragraphs (10) and (11), every”; and b after paragraph (10), add— 11 A claim for graduated retirement benefit or retirement pension may be made by telephone call to the telephone number specified by the Secretary of State, unless the Secretary of State directs, in any particular case, that the claim must be made in writing. 12 A claim made by telephone in accordance with paragraph (11) is defective unless the Secretary of State is provided, during that telephone call, with all the information he requires to determine the claim. 13 Where a claim made by telephone is defective, the Secretary of State may refer the claim to the person making it. 14 If the person corrects the defect within one month, or such longer period as the Secretary of State considers reasonable, of the date he referred the claim to the person, the Secretary of State shall treat the claim as if it had been duly made in the first instance. . 3 In regulation 5(1) (amendment and withdrawal of claim), after “office”, insert “except where the claim was made by telephone, in accordance with regulation 4(11), where the amendment may be made by telephone,”. 4 In regulation 6(1) (date of claim), after sub-paragraph (b) insert— c in the case of a claim made by telephone in accordance with regulation 4(11), the date of that telephone call; d in the case of a claim made by telephone which is defective but which is treated, under regulation 4(14) as having been duly made, the date of that telephone call. . Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 3 In regulation 11(2) of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 (recovery of overpayments by automated or other direct credit transfer), for sub-paragraph (b), substitute— b notice of the effect which this regulation would have, in the event of an overpayment, was given to the beneficiary or to a person acting for him— i in writing, where the claim was made in writing; or ii either orally or in writing, where the claim was made by telephone before he agreed to the arrangement. . Signed by authority of the Secretary of State for Work and Pensions. Malcolm Wicks Minister of State, Department for Work and Pensions 11th January 2005