Family Law

March 2006

Posted: 14 June 2006 | Subscribe Online

March 2006

Bulletin no 92

Bulletin editor

Jonathan Montgomery, BA, LLM
Professor of law, University of Southampton

Butterworths Family and Child Law Bulletin provides an immediate updating service for the main text of Butterworths Family Law Service and Clarke Hall and Morrison on Children. The bulletin is published every month and sent to subscribers to those publications.

References to BFLS and CHM above each case are to the relevant paragraphs in Butterworths Family Law Service and Clarke Hall and Morrison on Children.

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Statutory instruments

The Domestic Violence, Crime and Victims Act 2004 (commencement no 5) order 2005, SI 2005/3196
This order, which came into force on 5 December 2005, commences certain provisions of the Domestic Violence, Crime and Victims Act 2004 which are related to cohabitation.

The provisions commenced have the effect of amending the definition of cohabitants in the Family Law Act 1996 to include cohabiting same-sex couples, and make further consequential amendments. They also extend the definition of relative in that act to include first cousins.

The tax and civil partnership regulations 2005, SI 2005/3229
These regulations, which came into force on 5 December 2005, amend primary tax legislation to provide for civil partnerships. They provide the same or similar tax treatment for persons who are, have been or may in the future be civil partners of each other as is given to persons who are, have been or may in the future be married to each other.

These regulations also provide the same or similar tax treatment for the formation of a civil partnership as is given to marriage. For some legislation the tax consequences are determined in part by whether persons are not married to each other but are living together as husband or wife, whether persons are not married to each other or whether a person is not married.

These regulations provide that the same or similar tax consequences apply where persons are not civil partners of each other but are living together as if they were, where persons are not civil partners of each other or where a person is not a civil partner, as the case may be.

These regulations also make provision for the purpose of removing inequalities of treatment based on gender and, in the case of a parent, marital status. The provisions affected are s 11 (dispositions for maintenance of family) of the Inheritance Tax Act 1984 and ss 257A, 257BA, 257BB (married couple's allowance) and 347B (qualifying maintenance payments) of the Income and Corporation Taxes Act 1988.

These regulations also make more generous provision in relation to the children that can be provided for under a marriage settlement. The provisions affected are s 22 (gifts in consideration of marriage) of the Inheritance Tax Act, ss 77 (charge on settlor with interest in settlement) and 169F (meaning of ‘interest in a settlement’) of, and para 2 of sch 5 (attribution of gains to settlors with interest in non-resident or dual resident settlements) to, the Taxation of Chargeable Gains Act 1992, and s 625 of the Income Tax (Trading and Other Income) Act 2005.

The tax and civil partnership (no 2) regulations 2005, SI 2005/3230
These regulations, which came into force on 5 December 2005, amend secondary tax legislation to provide for civil partnerships and to ensure that civil partners are treated in the same way as spouses; surviving civil partners are treated in the same way as widows and widowers; transactions entered into in consideration of the formation of a civil partnership are treated in the same way as transactions entered into in consideration of marriage; the dissolution or annulment of a civil partnership is treated in the same way as a divorce or the annulment of a marriage; a former civil partner is treated in the same was as an ex-spouse; and civil partnership status is treated equally with marital status.

Related to these regulations is the Civil Partnership Act 2004 (Relationships Arising Through Civil Partnership) Order 2005 which applies s 246 of the Civil Partnership Act 2004 (interpretation of statutory references to stepchildren etc) to the following secondary legislation amended by these regulations: SI 1990/2231, SI 1990/2232 and SI 2004/2543.

The family procedure (modification of enactments) order 2005, SI 2005/3275
This order, which came into effect on 30 December 2005, amends s 97(1)(a) of the Magistrates' Courts Act 1980 so as to enable a justice of the peace at the hearing of an application under the Adoption and Children Act 2002 to issue a witness summons. It also amends s 97(2) to prevent a warrant being issued instead of a summons in the hearing of an application under the 2002 Act.

The Access to Justice Act 1999 (destination of appeals) (family proceedings) order 2005, SI 2005/3276
This order provides that, with effect from 30 December 2005, appeals against decisions made in proceedings relating to adoption, including the exercise of the inherent jurisdiction of the High Court with respect to minors, and in proceedings for the purpose of enforcing an order made in such proceedings, shall lie as follows—
(a) appeals from decisions made by a district judge of a county court will lie to a judge of that court (art 3)
(b) appeals from decisions made by—
(i) a district judge of the high court,
(ii) a district judge of the principal registry of the family division
(iii) a costs judge
(iv) any person appointed to act as a deputy for any person holding the offices referred to in sub-paras (i) to (iii) or to act as a temporary additional officer in any such officewill lie to a judge of the high court (art 2).

By virtue of art 4, any appeal in which the appeal notice was lodged before 30 December 2005, shall lie to the same court that it would have lain to before 30 December 2005.

The housing benefit and council tax benefit (miscellaneous amendments) (no 5) regulations 2005, SI 2005/3294
These regulations amended the housing benefit (general) regulations 1987, the council tax benefit (general) regulations 1992 and the housing benefit and council tax benefit

(Miscellaneous amendments) (no 3) regulations with effect from 30 December 2005.

Regulation 2 amends the housing benefit regulations by providing that children placed for adoption in accordance with the Adoption and Children Act 2002 shall not be considered to be a member of the claimant's household for housing benefit purposes. It also updates the reference to the Scottish regulations.

Regulation 3 amends the council tax benefit regulations and mirrors the amendment made by reg 2.

Regulation 4 makes a minor amendment to the miscellaneous amendments (no 3) regulations to correct an erroneous reference in those regulations.

The independent review of determinations (adoption) regulations 2005, SI 2005/3332
These regulations, which came into force on 30 December 2005, are made under the Adoption and Children Act 2002. They apply to England only. They make provision for the review by an independent panel in two types of case. First, a determination made by an adoption agency under the adoption agencies regulations 2005 that it does not propose to approve a prospective adopter as suitable to adopt a child.

Such a determination is specified in reg 3 of these tegulations as a qualifying determination for the purposes of s 12(2) of the act. Secondly, determinations made by an adoption agency under the disclosure of adoption information (post-commencement adoptions) regulations 2005.

These determinations are specified in reg 15(1) of those regulations as qualifying determinations for the purposes of s 12(2) of the act.

Part 2 makes provision for the constitution and membership of panels, their functions and the payment of fees, meetings and record keeping of the panels which are appointed by the secretary of state to review qualifying determinations.

Part 3 makes provision for the procedure to be followed when a review of a qualifying determination by a panel constituted under part 2 is sought.

The civil partnership (jurisdiction and recognition of judgments) regulations 2005, SI 2005/3334
These regulations, which came into force on 5 December 2005, are to make corresponding provisions, as far as is possible in domestic law, for civil partnerships as to the jurisdiction and recognition elements of council regulation (EC) 2201/2003 for matrimonial matters as regards the law of England and Wales and Northern Ireland.

The regulations apply to all civil partnerships including overseas relationships entitled to be treated as a civil partnership, by virtue of the Civil Partnership Act 2004.

Regulation 3(2) allows for the recognition and non-recognition of judgments regarding relationships that were formed before the coming into force of these regulations and the 2004 Act.

Regulations 4 and 5 set out the criteria for accepting jurisdiction for dissolution, annulment or legal separation proceedings in respect of civil partners.

Regulations 7 and 8 set out the criteria for recognition and non-recognition of an order made in another Member States for the dissolution or annulment of a civil partnership or the legal separation of civil partners.

Regulations 9 and 10 prevent the court from reviewing the jurisdiction of the court of the member state that made the original judgment and also prevents a court from reviewing the substance of that judgment.

Regulation 11 ensures that a judgment is recognised notwithstanding that there might well have been a different outcome if the law of England and Wales or Northern Ireland had been applied to the facts of the case.

Regulation 12 allows the court to stay proceedings for recognition of a judgment when there is an appeal outstanding against that judgment.

The Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005, SI 2005/3336
This order, which came into force on 5 December 2005, amends the Matrimonial and Family Proceedings Act 1984 and the Family Law Act 1986 and the Housing Act 1996.
The amendments to the provisions in the Matrimonial and Family Proceedings Act 1984 and the Family Law Act 1986 (‘the 1986 Act’) are to enable those provisions to apply equally to civil partnership proceedings in the same way that they apply to matrimonial proceedings.

The amendment to the Matrimonial and Family Proceedings Act 1984 is to ensure that transfer of family proceedings from a High Court can be made to a civil partnership proceedings county court.

Articles 5 to 7 for England and Wales and 11 to 14 for Northern Ireland allow the court to accept jurisdiction under the 1986 Act in a case where the question of making an order with respect to a child arises during the course of civil partnership proceedings.

Article 8 for England and Wales and art 15 for Northern Ireland prevents the court accepting jurisdiction under the 1986 act based on the habitual residence of a child where civil partnership proceedings are taking place in another part of the United Kingdom.

Article 9 for England and Wales and art 16 for Northern Ireland restricts the courts power to vary a part 1 (1986 Act) order where there are continuing civil partnership proceedings in another part of the United Kingdom.

Articles 10, 17 and 19 clarifies the interpretation of civil partnership proceedings for part 1 of the 1986 Act for England and Wales and Northern Ireland.

Article 18 provides an exception to the rule of law, which prevents removal of a ward of court from the jurisdiction, where there are ongoing civil partnership proceedings in another part of the United Kingdom.

The amendment to the Housing Act 1996 is to enable a deceased tenant's civil partner to succeed to an introductory tenancy in the same way as a deceased tenant's spouse.

All these amendments are consequential amendments to the Civil Partnership Act 2004.

The Local Authority Adoption Service (England) (Amendment) Regulations 2005, SI 2005/3339
These regulations amend the Local Authority Adoption Service (England) Regulations 2003 with effect from 30 December 2005.

The 2003 regulations make provision in relation to the adoption service provided by local authorities. These regulations amend the 2003 regulations to make provision about adoption support services provided by local authorities (defined in s 2(6) of the Adoption and Children Act 2002 and regulations made under s 2(6)).

The amendments made by these regulations impose additional obligations on a local authority in relation to the provision of adoption support services.

The regulations require in particular officers appointed to manage the local authority's adoption service to have regard to the number and needs of those receiving adoption support services (reg 2(6)); require the written policy intended to safeguard children to include children receiving adoption support services from the local authority (reg 2(7)); require authorities to ensure that adoption support services they provide are appropriate to the needs of those receiving the services (reg 2(8)) and to have sufficient staff who are suitably qualified and competent to provide such services (reg 2(9)); require the local authority to keep records in relation to the adoption support services provided to any person (reg 2(8)) and new requirements are imposed in relation to the provision of copies of the authority's statement of purpose and children's guide (reg 2(3) and (4)).

The Voluntary Adoption Agencies (Amendment) Regulations 2005, SI 2005/3341
These regulations, which came into force on 30 December 2005, amend the voluntary adoption agencies and the adoption agencies (miscellaneous amendments) regulations 2003.

Regulation 2(4) inserts a new part 4A which will apply to a registered adoption society (agency) which may provide adoption support services.

Regulation 2(5) and (6) amends schs 1 and 3 to the regulations to impose additional obligations in relation to the agency's statement of purpose and staff records where it may provide adoption support services.

The new part 4A modifies the regulations to reflect that the agency will be providing adoption support services. In particular an agency which provides adoption support services to children will need to produce a children's guide (reg 24C); reg 24F requires the agency to ensure that adoption support services are appropriate having regard to the assessed needs of those receiving services and reg 24G requires the agency to maintain records about the provision of adoption support services.

A new definition of adoption support services is inserted by reg 2(2)(b).

Regulation 2(2)(a) and (3) make other minor amendments to the regulations consequential upon the coming into force of the Adoption and Children Act 2002.

The local authority (adoption) (miscellaneous provisions) regulations 2005, SI 2005/3390
These regulations, which came into force on 30 December 2005, make provision for when people wish to adopt a child who is not placed for adoption with them by an adoption agency, and enable local authorities to charge for services provided in connection with adoptions with a foreign element and to use people who are not their employees in the exercise of their functions.

These regulations apply to England only and come into force on 30 December 2005.

Regulation 3 prescribes, for the purposes of s 44 of the Adoption and Children Act 2002, the appropriate local authority where the proposed adopters are living overseas and wish to give notice of intention to apply for an adoption order. In four cases it prescribes the local authority to which proposed adopters have to give notice of intention to adopt and which has other functions under s 44 of the act.

Regulation 4 requires the local authority, for the proposes of the investigation which it is required to arrange under s 44(5) of the act, to take steps to obtain enhanced criminal record certificates in respect of both the proposed adopters and other members of their household who are aged 18 or over.

Regulation 5 prescribes the facilities for which a local authority may charge, and the level of the fee, where the facilities are provided in connection with the adoption of a child brought into the United Kingdom for the purpose of adoption, or in connection with an adoption under the Hague convention, an overseas adoption or an adoption effected under the law of a country outside the British islands.

Regulation 6 allows local authorities to provide any of the requisite facilities for the purpose of maintaining an adoption service through an independent social worker who has the prescribed qualifications and experience.

The Care Standards Act 2000 (commencement no 9 (England) and transitional and savings provisions) (amendment) order 2005, SI 2005/3397
This order amends the Care Standards Act 2000 (commencement no 9 (England) and transitional and savings provisions) order 2001 to make transitional provision in relation to the registration of adoption support agencies.

Article 2(2) amends para 15 of the no 9 order to make transitional provision in relation to the registration of persons carrying on or managing adoption support agencies before 30 December 2005 and persons managing existing agencies which wish to become adoption support agencies from 30 December 2005.

Where such a person makes an application for registration under part 2 of the Care Standards Act 2000 before 30 December 2005, the provisions in para 15(4)–(7) of the no 9 Order will apply.

Article 2(3) makes transitional provision in relation to agencies approved under the Adoption Act 1976 to provide counselling services under s 51 of that act and appropriate voluntary organisations which wish to become adoption support agencies (new para 15A). Where such agencies complete the transfer of registration form they are to be treated with effect from 30 December 2005 as having been granted registration in respect of an adoption support agency.

Article 2(3) also makes transitional provision in relation to appropriate voluntary organisations which wish to provide adoption support services to children only or adults only and in relation to such organisations which do not intend to provide adoption support services from 30 December 2005 (new para 15B).

The family proceedings fees (amendment no 2) order 2005, SI 2005/3443
This order amended the family proceedings fees order 2004 with effect from 10 January 2006.

The table below sets out where fees have been increased or new fees introduced.

Fees 1.2, 1.4, 4.1, 4.2, 6.1 and 6.3 have been extended to include applications for the dissolution or annulment of a civil partnership or for the legal separation of civil partners under the Civil Partnership Act 2004.

Article 3(2)(b)(i) is also amended as a consequence of the implementation of the 2004 act.

Fee 2.1(a) and (b) has been extended to include applications under s 4A (acquisition of parental responsibility by step-parent) of the Children Act 1989 and new fee 2.1(c) has been inserted setting out the fee for an application under the following sections of the Children Act:

(a) section 14A and 14D (making, variation and discharge of a special guardianship order)
(b) section 14C (permission to cause child to be known by a new surname or remove him from the United Kingdom while a special guardianship order is in force).

Fee 3 has been amended to provide for applications under the Adoption and Children Act 2002 although the fee has not been increased. The family proceedings fees order 2004 will continue to apply, as if this order had not been made, to applications under ss 20, 21, 27 and 29 of the Adoption Act 1976.

Figures below list new fee, followed by old fee.

Section 1
Fees to be taken in the High Court and in the county courts
1 Commencement

1.1 Filing originating proceedings £200 £130

1.2 Presenting any petition £300 £210

1.4 Amending a petition £80 £50

1.5 Filing an answer to a petition or a cross-petition £200 £150

2 Proceedings under the Children Act 1989
On filing an application or requesting permission—

2.1 Parental responsibility, guardians, section 8 orders, special guardianship orders etc
(a) s 4(1)(c) or (3), 4A(1)(b) or (3), 5(1), 10(1) or (2) £175 £120 (in respect of applications under ss 4(1)(c) or (3), 5(1) and 10(1) or (2))
(b) s 6(7) or 13(1) £175 £120
(c) s 14A(3) or (6)(a), 14C(3) or 14D(1) £140 –

2.2 Financial provision for children
(a) para 1(1), 2(1), 6(5) or 14(1) of Sch 1 £175 £120
(b) para 1(4), 2(5), 5(6), 6(7), 6(8), 8(2), 10(2) or 11 of Sch 1 £175 £120

2.12 Appeals
(a) on commencing an appeal under section 94 of the Children Act 1989 relating to provisions to which the following fees apply—
(i) fees 2.1(a) or (b) or 2.2 £175 £120
(ia) fee 2.1(c) £140 –

3 Adoption and wardship applications

3.1 On filing an application or requesting permission under part 1 of the Adoption and Children Act 2002 £140 £140 (for equivalent application under Adoption Act 1976)

3.2 Applying for the exercise of High Court jurisdiction to children £140 £140

4 Applications in proceedings

4.1 Application for an order without notice or with consent £40 £30

4.2 Request for directions for trial £40 £30

5 Appeal from a district judge

5.1 Appeal from a district judge to a judge £100 £80

6 Searches

6.1 Search in the central index of decrees absolute or of final orders at principal registry £25 £20

6.2 Search in the central index of parental responsibility agreements at principal registry £25 £20

6.3 Search in the index of decrees absolute or of final orders at any designated county court £10 £5

8 Determination of costs

8.1 Request for detailed assessment where party is legally aided or otherwise funded £140 £100

8.3 Request for default costs certificate to be issued £60 £40

9 Registration of maintenance orders

9.1 Application to register maintenance order £35 £30

9.2 Application to send maintenance order abroad for reciprocal enforcement £35 £30

Section 2
Fees to be taken in the county courts only
11 Enforcement in the county courts

11.1(a) Enforcement by issue of warrant of execution up to £125 £35 £30

11.1(b) Enforcement by issue of warrant of execution over £125 £55 £50

11.2 Further attempt at execution of warrant £25 £20

11.3 Application for oral examination £45 £40

11.4 Application for garnishee order, charging order, third party debt order or appointment of receiver £55 £50

11.5 Application for a judgment summons £95 £90
11.6 Issue of warrant of possession or delivery £95 £90
11.7 Application for attachment of earnings order £65 £60

The magistrates' courts fees order 2005, SI 2005 no 3444
This order replaced ss 137 and 138 of, and sch 6 to, the Magistrates' Courts Act 1980 with effect from 10 January 2006 and specifies the fees payable in magistrates' courts.

Some of the fees have increased and some new fees have been introduced.

The table below sets out the fees and shows new fee followed by old fee.

1 Attendance
1.1 On a justice of the peace, to view deserted premises, a highway, bridge or nuisance £44 £44

2 Case for the opinion of the high court

2.1 Application to state a case for the opinion of the high court £382 £382

2.2 Request for certificate of refusal to state a case £8 £8

3 Certificate

3.1 Request for certificate where no other fee specified £25 £8

4 Register of fines

4.1 Request for certificate of satisfaction £15

5 Council tax and rates

5.1 Application for a liability order £3 70p

5.2 Complaint (or application) and summons £25 £10

5.3 Warrant of arrest £25 £10

5.4 Commitment order £40 £40

6 Copy documents

6.1(a) Copy of first page of a document £1.10 £1.10
6.1(b) Copy per page for subsequent pages 55p 55p
6.1(c) Each additional copy 10p 10p

7 Duplicate

7.1 For the duplicate of any document £5 £5

8 Proceedings under the Domestic Proceedings and Magistrates' Courts Act 1978

8.1 Application for an order for financial provision £175 £30

9 Proceedings under the Family Law Act 1986

9.1 Application for a declaration of parentage £130 £30 (application previously made under s 27 of the Child Support Act 1991)

10 Proceedings under the Children Act 1989

10.1 On an application or request for permission
(a) s 4(1)(c) or (3) or 4A(1)(b) or (3) £175 £30 (in respect of applications under section 4(1)(c) or (3))
(b) s 5(1) or 6(7) £175 £30
(c) s 10(1) or (2) £175 £30
(d) s 13(1) £175 £30
(e) s 14A(3) or (6)(a), 14C(3) or 14D(1) £140
(f) s 31 £150 £50
(g) s 33(7) £150 £20
(h) s 34 £150 £20
(i) s 36 £150 £50
(j) s 43 £150 £50
(k) Pt XA £150 £50
(l) para 1(1), 2(1), 6(5) or 14(1) of Sch 1 £175 £30
(m) para 8(1) of Sch 8 £150 £50

10.2 Application to vary, extend or discharge an order where the order subject to the application relates to
(a) fees 10.1(a)–(d) and (l) £175 £20
(b) fees 10.1(f)–(j) £150 £20

11 Proceedings under the Human Fertilisation and Embryology Act 1990

11.1 Application under section 30 £175 £30

12 Proceedings under the Child Support Act 1991

12.1 Application for a liability order £40 70p

12.2 Appeal under section 20 £130 £30

12.3 Appeal against deduction from earnings order £80 £10

12.4 Complaint (or application), summons, warrant and commitment order £90

Complaint and summons £10
Warrant £10
Commitment order £40

13 Proceedings under the Adoption and Children Act 2002

13.1 On an application or request for permission under part 1 of the act £140

£30 for equivalent application under Adoption Act 1976 save for applications under s 23 of that act for which the fee was £20

14 Proceedings under sch 6 to the Civil Partnership Act 2004

14.1 Application for an order for financial provision £175

15 Licences

15.1 Every licence, consent or authority not otherwise provided for £8 £8

15.2 Application for the revocation of a licence not otherwise provided for £30 £30

16 Oaths

16.1 Attestation of constable £8 £8

16.2 Every oath, affirmation or solemn declaration not otherwise charged £8 £8

17 Other civil proceedings

17.1 Complaint (or application) £25 £3.50

17.2 Summons £25 £3.50

17.3 Warrant £25 £6.50

17.4 Order £25 £16.50

18 Warrant of entry

18.1 Application for a warrant of entry £3 £2.25

Regulation 7(1)(b) of the register of fines regulations 2003 (SI 2003/3184) is amended so as to refer to this order rather than sch 6 to the Magistrates' Courts Act 1980 (art 6).

The Civil Proceedings Fees (Amendment) Order 2005, SI 2005/3445
This order, which came into effect on 10 January 2006, substituted a new schedule of fees payable in civil proceedings in the Civil Proceedings fees order 2004.

Changes in fees are as follows. The first figure is the new fee in pounds, the second figure the old fee.

1.5 Filing of proceedings in county court against party not named in originating proceedings 35 30

1.7(a) Application for permission to issue originating proceedings in county court 35 30
1.7(b) Application for order under part III of the Solicitors Act 1974 in county court 35 30

2.4(a) Filing appellant's notice in county court (or respondent's notice where respondent is appealing etc)—small claims track 100 80
2.4(b) Filing appellant's notice in county court (or respondent's notice where respondent is appealing etc)—other than small claims track 120 100

2.5 Application on notice where no fee specified—county court 65 60

2.6 Application by consent or without notice for judgment or order where no other fee specified—county court 35 30

2.7 Application for summons or order for witness to attend court etc—county court 35 30

2.8 Application to vary judgment or suspend enforcement—county court 35 30

5.1 Filing of request for detailed assessment in legal aid cases—county court 105 100

5.3 Request for issue of default costs certificate—county court 45 40

5.4 Appeal against decision in detailed assessment proceedings—county court 105 100

5.5 Application for approval of certificate of costs payable from Community Legal Service Fund—county court 35 30

5.6 Request or application to set aside default costs certificate—county court 65 60

7.1(a) Application for enforcement in county court—amount of warrant not exceeding £125 35 30

7.1(b) Application for enforcement in county court—amount of warrant exceeding £125 55 50

7.2 Request for further attempt at execution of warrant—county court 25 20

7.3 Application for order requiring judgment debtor to attend court etc—county court 45 40

7.4(a) Application for third party debt order—county court 55 50
7.4(b) Application for charging order—county court 55 50

7.5 Application for judgment summons—county court 95 90

7.6 Issue of warrant of possession or delivery—county court 95 90

7.7 Application for attachment of earnings order—county court 65 60

7.9 Application for recovery of tribunal award—county court 35 30

13.1 Request for certificate of satisfaction—county court 15 10

This order provides that for the purposes of calculating a fee (fee 1.1, 1.2 or 1.3) for commencing proceedings in the high court or county court to recover a specified sum of money, the amount claimed is to include any interest claimed.

An amendment is also made to the exemption provisions in the 2004 order, consequential on the amendment of the Tax Credits Act 2002 by the Civil Partnership Act 2004.

The Children Act 2004 (commencement no 5) order 2005, SI 2005/3464
The order brought s 12 of the act into force on 1 January 2006.

Section 12 concerns the establishment and operation of databases containing information in respect of persons to whom arrangements under s 10 or 11 of the Act, or under s 175 of the Education Act 2002, relate.

The adoption and children (miscellaneous amendments) regulations 2005, SI 2005/3482
These regulations, which came into effect on 30 December 2005, make a number of minor and consequential amendments to other regulations as follows.
Regulation 2(1) extends the ambit of the representations procedure (children) regulations 1991 to ensure that the procedure to be followed by a local authority when considering representations (including complaints) under s 26 of the Children Act 1989.

Act covers the authority's provision of adoption support services and special guardianship support services.

Regulation 2 applies in relation to England only.

Regulations 3 and 4 substitute reference to the Adoption and Children Act 2002 for obsolete statutory references in the education (mandatory awards) regulations 2003 and the education (student support) regulations 2005.

Regulations 7 and 9 insert transitional provisions in the adoption support services regulations 2005 and the adoption information and intermediary services (pre-commencement adoptions) regulations 2005, to enable adoption support agencies to continue to provide services after 30 December 2005 pending registration.

Regulation 5 makes a number of minor amendments to the adoption agencies regulations 2005 (‘the agencies regulations").

In particular—
(i) reg 5(c) inserts a new provision that creates an exception to the general requirement in reg 3(1) of the agencies regulations that an adoption agency must establish an adoption panel

(ii) reg 5(g) and (j)(iii) amends regs 17(2) and 25(9)(b) of the agencies regulations.

Regulation 17(2) is amended so that the adoption agency is only required to send the child's health report and information regarding the health of his natural parents to the adoption panel if advised to do so by the agency's medical adviser.

Regulation 25(9)(b) is amended so that the adoption agency is only required to send the prospective adopter's health report to the adoption panel if advised to do so by the agency's medical adviser;

(iii) reg 5(i) inserts a new reg 20A in the agencies regulations which lists for the purposes of that regulation those authorised to witness the execution outside England and Wales by parents and guardians of forms of consent to placement for adoption and, as the case may be, to the making of a future adoption order. This amendment is consistent with r 28 of the family procedure (adoption) rules 2005.

Regulation 6 amends the adoptions with a foreign element regulations 2005 so that reg 18 is consistent with reg 30 of the agencies regulations; to clarify the nature of the offence under reg 26 (the failure by a prospective adopter to return a child to the local authority where the prospective adopter is unable to proceed with the adoption); and to add failure to give the notice in accordance with reg 24 to the list of offences in reg 59.

Regulation 8 makes minor amendments to the disclosure of adoption information (post-commencement adoptions) regulations 2005.

The Adoption and Children Act 2002 (consequential amendments) order 2005, SI 2005/3504
Consequent on the commencement of the Adoption and Children Act 2002, this order updates relevant references in the following statutory instruments with effect from 30 December 2005:

(i) the data protection (miscellaneous subject access exemptions) order 2000 and the data protection (subject access modification) (social work) order 2000, which relate to subject access requests under the Data Protection Act 1998 (art 2);

(ii) four statutory instruments that relate to the Community Legal Service, to include proceedings under the Adoption and Children Act 2002 within the definition of family proceedings and add a reference to placement orders (art 3);

(iii) the non-contentious probate rules 1987 to reflect the additional means by which a step-parent may acquire parental responsibility and the introduction of special guardianship orders (art 4);

(iv) the NHS bodies and local authorities partnership arrangements regulations 2000 (art 5);

(v) the protection of children and vulnerable adults and care standards tribunal regulations 2002 (art 6).

Article 7 amends art 16 of the Adoption and Children Act 2002 (commencement no 10 transitional and savings provisions) order 2005 by adding pt 4A to the parts of the voluntary adoption agencies and adoption agencies (miscellaneous amendments) regulations 2003.

The civil procedure (amendment no 4) rules 2005, SI 2005/3515
These rules make amendments that will come into force on 6 April 2006. They introduce a revised part 20, changing the term part 20 claim to additional claim.

In addition the following amendments are made—
— to r 2.1, consequential upon implementation of the Adoption and Children Act 2002;
— to rr 6.2, 6.5, 6.7, 55.13 and 75.3, to permit service by an equivalent method to first class post;
— to r 16.2, to amend the information to be contained in the claim form;
— to rr 25.1 and 25.2, consequential upon implementation of the council directive (EC) 2004/48 on the enforcement of intellectual property rights;
— to r 30.5, to clarify that transfers into or out of a specialist list are dealt with by a judge of that list. Consequential amendments are made to rr 58.4, 59.3, 61.2 and 62.3;
— to r 40.2, to require a judge to explain the routes of appeal where the losing party seeks permission to appeal and to state the prescribed route of appeal in the order granting permission;
— to r 44.16, consequential upon the revocation of the conditional fee agreements regulations 2000 and the collective conditional fee agreements regulations 2000;
— to the provisions of section III of pt 54 relating to the representation of applicants and service of documents on appellants, to ensure greater consistency with the asylum and immigration tribunal (procedure) rules 2005.

The requirement of CPR 54.29(2) to file all relevant documents with the application notice is also disapplied so long as the filter provision applies;
— to pt 63, so that all claims brought under that part are allocated to the multi-track. Minor amendments are also to made to pt 52.

The Courts Act 2003 (commencement no 12 and transitional provision) order 2005, SI 2005/3518
This order brings into force on 10 January 2006 the following provisions of the Courts Act 2003:

(a) in sch 8, the amendments in paras 242 and 254 (which omit ss 137 and 138 of, and sch 6 to, the Magistrates' Courts Act 1980); and

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(b) in sch 10, the repeal of ss 137 and 138 of, and sch 6 to, the Magistrates' Courts Act 1980 (fees).

These provisions are brought into force subject to the transitional provisions in art 3 by virtue of which s 137(1) (power to charge fees) and s 138 (remission of fees) of, and sch 6 (list of fees) to, the Magistrates' Court Act 1980 will continue to apply to applications under s 20 (revocation of freeing order), 27(1) or (2) (restriction on removal of children) and 29 (recovery order) of the Adoption Act 1976.

This order also brings into force the remaining provisions of s 98 of the 2003 act, with the exception of sub-s (1)(d), on 6 April 2006. In addition, it brings into force certain other provisions of the 2003 act which are consequential on the commencement of s 98.

Section 98 was partially brought into force by art 2(c)(i) of the Courts Act 2003 (commencement no 1) order 2003.

The register of judgments, orders and fines regulations 2005, SI 2005/3595
These regulations, which take substantive effect on 6 April 2006, made under s 98 of the Courts Act 2003, make provision in respect of the register to be kept of—
(a) judgments entered in the high court;
(b) judgments entered in county courts;
(c) administration orders made under s 112 of the County Courts Act 1984; and
(d) sums registered by virtue of para 38(1)(b) of sch 5 to the Courts Act 2003.

In particular, these regulations provide for—
(a) judgments, administration orders and fines to be registered (regs 8 and 9);
(b) cancellation of entries in the register and endorsement of notices against entries (regs 11–16);
(c) certification as to the payment in full of a debt owed under a judgment or administration order and as to the payment in full of a fine (regs 17–19);
(d) amendment of entries in the register (regs 20–25);
(e) removal of an entry in the register (reg 26);
(f) searches of the register and provision of certified copies (regs 27 and 28);
(g) refusal of access to the register and appeals against that refusal (reg 29).

The housing benefit regulations 2006, SI 2006/213
These regulations consolidate, with effect from 6 March 2006, existing provisions relating to housing benefit for claimants who have not attained the qualifying age for state pension credit and for those who have attained that age and are receiving, or whose partner is receiving, income support or income-based jobseeker's allowance.

In the case of a woman the qualifying age for state pension credit is pensionable age and in the case of a man it is the age which is pensionable age in the case of a woman born on the same day as the man (State Pension Credit Act 2002, s 1(6)).

Provisions relating to those claimants who have attained the qualifying age for state pension credit other than those who are, or whose partner is, receiving income support or income-based jobseeker's allowance are contained in the housing benefit (persons who have attained the qualifying age for state pension credit) regulations 2006.

Part 1 of the regulations contains general provisions relevant to these regulations.

These regulations do not however apply if either the claimant or the claimants partner in receipt of income support or an income-based jobseeker's allowance, notwithstanding that the claimant has attained the qualifying age for state pension credit.

Provisions relating to those claimants and others who have not attained the qualifying age for state pension credit are contained in the housing benefit regulations 2006.

Part 1 of the regulations contains general provisions relevant to these regulations.

The regulations consolidated by these regulations are revoked, in consequence of the consolidation, by the housing benefit and council tax benefit (consequential provisions) regulations 2006 (the consequential provisions regulations). These regulations are to be read, where appropriate, with the consequential provisions regulations.

Part 2 makes provision in regard to the circumstances in which a person is or is not to be treated as occupying a dwelling as his home and is or is not to be treated as liable to make payments for a dwelling.

Part 3 specifies those payments by way of rent which are to be eligible for the payment of housing benefit and for determinations and re-determinations by rent officers in rent allowance cases.

Part 4 specifies the circumstances in which a person is or is not to be treated as responsible for another person and who is to be treated as a member of the same household as a claimant for housing benefit.

Part 5 provides for the calculation of the applicable amount in respect of a person's entitlement to housing benefit, by reference to which the amount of his benefit is calculated (regulation 22 and schedule 3).

Part 6 contains provisions enabling the income and capital of a person to whom these regulations apply to be determined.

They provide in particular:
— that a person entitled to a guarantee credit in state pension credit is to be treated as having neither income nor capital;
— that a person whose entitlement to state pension credit is restricted to the savings credit will have his income calculated by reference to the assessment made by the secretary of state for the purpose of determining the award of state pension credit. This figure is subject to certain adjustments the determining authority is required to make under reg 27;
— that persons to whom the regulations apply but who have no entitlement to state pension credit are to have their income and capital determined in accordance with regs 29–49.

Part 7 provides for the appropriate maximum housing benefit and also includes provisions about non-dependant deductions, the housing benefit taper and extended payments (severe disablement allowance and incapacity benefit).

Part 8 contains provisions as to when housing benefit is to begin together with provisions relating to change of circumstances and the date those changes take effect.

Part 9 provides for the making, amendment and withdrawal of claims, the evidence and information required in connection with claims and the duty to notify changes of circumstances.

Part 10 provides for the determination of questions arising on claims and the notification of decisions by authorities.

Part 11 provides for the payment of housing benefit including to whom payments are to be made and the withholding of benefit.

Part 12 provides for the recovery of overpaid housing benefit, what constitutes a recoverable overpayment and the method of recovery.

Part 13 provides for the collection, recording and holding of information. It also provides for the supply of information between local authorities.

Part 14 provides for the housing benefit scheme to be modified in the area of Pathfinder authorities; part 1 of sch 9 identifies those local authorities which operate the pathfinder provisions in their area and part 2 of that schedule specifies the modifications which apply in their area.

The council tax benefit regulations 2006, SI 2006/215
These regulations consolidate, with effect from 6 March 2006, existing provisions relating to council tax benefit for claimants who have not attained the qualifying age for state pension credit, together with those who have attained that age and are receiving either income support or income-based jobseeker's allowance.

In the case of a woman the qualifying age for state pension credit is pensionable age and in the case of a man it is the age which is pensionable age in the case of a woman born on the same day as the man (State Pension Credit Act 2002, s 1(6)).

Provisions relating to council tax benefit for those who have attained the qualifying age for state pension credit are contained in the council tax benefit (persons who have attained the qualifying age for state pension credit) regulations 2006.

Part 1 of the regulations contains general provisions relevant to these regulations.

Regulation 5 specifies the persons to whom the regulations apply.

Part 2 specifies the circumstances in which a child or young person under 19 is or is not to be treated as a member of a family and who is to be treated as a member of the same household as a claimant for council tax benefit (regs 9–11).

Part 3 and schedule 1 provide for the calculation of a person's applicable amount in respect of his entitlement to council tax benefit by reference to which the amount of his benefit is calculated. Provision is made with respect to polygamous marriages and persons receiving free inpatient treatment in a hospital (regs 12–14.)

Part 4 provides for the calculation of the income and capital of a claimant for council tax benefit, the earnings of employed and self-employed earners, the treatment of income other than earnings including notional income, with the sums to be disregarded from such income set out in schs 3 and 4. Calculation of capital is also dealt with, with capital to be disregarded set out in sch 5 (regs 15–42).

Part 5 provides for the treatment of students in particular the limits on their entitlement to council tax benefit. It also makes separate provision with regards the calculation of their incomes (regs 43–56).

Part 6 specifies the maximum amount of council tax benefit to which a person is entitled and any deductions which are to be made from that maximum. It also provides for the cases in which the alternative maximum council tax benefit is to apply (regs 57–63).

Part 7 specifies when council tax benefit is to begin and end, in particular upon a relevant change in a claimant's circumstances (regs 64–67).

Part 8 provides for the making of claims and for a person's duty to notify changes of circumstances affecting entitlement to benefit (regs 68–74).

Part 9 provides for decisions on questions relating to council tax benefit and for the payment of council tax benefit (regs 75 and 76).

Part 10 provides for the recovery of excess benefit, the cases in which excess benefit is to be recoverable and the methods of recovery (regs 77 to 81).

Part 11 provides for the recovery of excess benefit (regs 82–90).

Part 12 provides for the collection, recording and holding of information by local authorities and for the forwarding of information held by them to other authorities or persons providing services to those authorities. Section 2 of that part specifies the circumstances in which information held by local authorities is to be disclosed to another authority (regs 91–97).

The housing benefit and council tax benefit (consequential provisions) regulations 2006 revoke those provisions relating to council tax benefit which were in force immediately before these regulations came into force and also contain provisions which are transitional, transitory or consequential on the coming into force of the consolidation.

The council tax benefit (persons who have attained the qualifying age for state pension credit)regulations 2006, SI 2006/216
These regulations consolidate, with effect from 6 March 2006, existing provisions relating to council tax benefit for claimants who have attained the qualifying age for state pension credit.

In the case of a woman that age is pensionable age and in the case of a man it is the age which is pensionable age in the case of a woman born on the same day as the man (State Pension Credit Act 2002, s 1(6)).

These regulations do not however apply if either the claimant or the claimant’s partner is in receipt of income support or an income-based jobseeker's allowance, notwithstanding that the claimant has attained the qualifying age for state pension credit.

Provisions relating to those claimants and others who have not attained the qualifying age for state pension credit are contained in the council tax benefit regulations 2006.

Part 1 of the regulations contains general provisions relevant to these regulations.

Regulation 5 specifies the persons to whom the regulations apply.

Part 2 specifies the circumstances in which a child or young person under 19 is or is not to be treated as a member of a family and who is to be treated as a member of the same household as a claimant for council tax benefit.

Part 3 and schedule 1 provide for the calculation of a person's applicable amount in respect of his entitlement to council tax benefit by reference to which the amount of his benefit is calculated.

Part 4 contains provisions enabling the income and capital of a person to whom these regulations apply to be determined.

They provide in particular:
— that a person entitled to a guarantee credit in state pension credit is to be treated as having neither income nor capital;
— that a person whose entitlement to state pension credit is restricted to the savings credit will have his income calculated by reference to the assessment made by the secretary of state for the purpose of determining the award of state pension credit. This figure is subject to certain adjustments the determining authority is required to make under reg 17;
— that persons to whom the regulations apply but who have no entitlement to state pension credit are to have their income and capital determined in accordance with regs 19–39.

Part 5 provides for the appropriate maximum council tax benefit and also includes provisions about non-dependant deductions, the council tax benefit taper, extended payments (severe disablement allowance and incapacity benefit) of council tax benefit and the alternative council tax benefit.

Part 6 specifies when council tax benefit is to begin and end, in particular upon a relevant change in a claimant's circumstances.

Part 7 relates to claims for council tax benefit, part 8 to decisions on questions relating to council tax benefit and part 9 to the payment of council tax benefit.

Part 10 provides for the recovery of excess council tax benefit, the cases in which excess benefit is to be recoverable and the methods of recovery.

Part 11 provides for the collection, recording and holding of information by local authorities and for the forwarding of information held by them to other authorities or persons providing services to those authorities. Section 2 of that part specifies the circumstances in which information held by local authorities is to be disclosed to another authority.

The housing benefit and council tax benefit (consequential provisions) regulations 2006 revoke those provisions relating to council tax benefit which were in force immediately before these regulations came into force and also contain provisions which are transitional, transitory or consequential on the coming into force of the consolidation.

The housing benefit and council tax benefit (consequential provisions) regulations 2006, SI 2006/217
These regulations make provision consequential on the coming into force of the housing benefit regulations 2006, the housing benefit (persons who have attained the qualifying age for state pension credit) regulations 2006, the council tax benefit regulations 2006 and the council tax benefit (persons who have attained the qualifying age for state pension credit) regulations 2006 on 6 March 2006.

Those regulations replace the housing benefit (general) regulations 1987, the council tax benefit (general) regulations 1992 and the housing benefit and council tax benefit (state pension credit) regulations 2003, all of which are revoked in accordance with reg 3.

Regulation 2 provides for the continuity of the law following the coming into force of the consolidating regulations.

Regulation 3 and sch 1 provide for the revocation of all regulations included in the consolidating regulations together with those regulations relating to housing benefit and council tax benefit which are spent or are continued in force in these regulations.

Regulation 4 provides that documents made, served or issued after the coming into force of the consolidating regulations but which contain references to regulations revoked by these regulations are to be construed as referring to the corresponding provision of the consolidating regulations.

Regulations 5 and sch 2 contain amendments to other Instruments which are consequential on the coming into force of the consolidating regulations.

Regulation 6 and sch 3 contain savings and transitional provisions which are carried forward from regulations revoked by these regulations.

The child tax credit (amendment) regulations 2006, SI 2006/222
These regulations amend the child tax credit regulations 2002 with effect from 6 April 2006.

Regulation 1 provides for the citation and commencement of the instrument and includes a transitional provision, whose effect is to prevent a person aged 19 or over from becoming a qualifying young person by virtue of the amendments.

Regulations 2 to 5 amend the 2002 regulations. They align the treatment of qualifying young persons for the purposes of the 2002 regulations with that contained in the child benefit (general) regulations 2006.

The child benefit (general) regulations 2006, SI 2006/223
These regulations make general provisions relating to child benefit, with effect from 10 April 2006, including provisions concerning residence, and consolidate the provisions contained in the child benefit (general) regulations 2003 with amendments reflecting the extension of child benefit authorised by the Child Benefit Act 2005.

Part 1 contains reg 1. This provides for citation, commencement and interpretation.

Part 2 (regs 2–8) contains provisions specifying the age which a person must not have attained, and the conditions which must be satisfied, in order to be a qualifying young person.

Part 3 (regs 9–11) contains provisions determining who is the person responsible for a child or qualifying young person for the purposes of entitlement to child benefit.

Part 4 (regs 12–19) contains provisions relating to exclusions from entitlement to child benefit and priority between persons entitled to child benefit.

Part 5 contains reg 20. This deals with entitlement to child benefit after the death of a child.

Part 6 (regs 21–33) prescribe circumstances in which a person is to be treated as being, or as not being, in Great Britain or in Northern Ireland.

Part 7 (regs 34–39) contains general and supplementary provisions.

Regulation 34 prescribes circumstances in which persons are treated as residing together.

Regulation 35 provides when a polygamous marriage is treated as having the same consequences as a monogamous marriage.

Regulation 36 makes provisions relating to the right of voluntary organisations to child benefit.

Regulation 37 disapplies s 13(1A) of Social Security Administration Act 1992 and s 11(1A) of the Social Security Administration (Northern Ireland) Act 1992 (requirement to state national insurance number) where a child is treated as living with a voluntary organisation.

Regulation 38 provides an exception to s 13(2) of the Social Security Administration Act 1992 and s 11(2) of the Social Security Administration (Northern Ireland) Act 1992 (person not entitled to child benefit for any week if benefit has already been paid to another person).

Regulation 39 makes provision for use of electronic communications.
Part 8 contains reg 40. This revokes provisions re-enacted by these regulations.

The Proceeds of Crime Act 2002 and money laundering regulations 2003 (amendment) order 2006, SI 2006/308
Section 330 of the Proceeds of Crime Act 2002 requires a person to make a disclosure in accordance with s 330(4) (as substituted by s 104(3) of the Serious Organised Crime and Police Act 2005) where he knows or suspects, or has reasonable grounds for knowing or suspecting, that another person is engaged in money laundering and the information or other matter came to him in the course of a business in the regulated sector.

Schedule 9 to that act (as amended by the Proceeds of Crime Act 2002 (business in the regulated sector and supervisory authorities) order 2003 (SI 2003/3074)) has effect for determining what is a business in the regulated sector. Failure to make such a disclosure is an offence under s 330(1).

Section 330(6)(b) (as substituted by s 104(3) of the 2005 Act) provides a defence to this offence where the person is a professional legal adviser and the information or other matter came to him in the circumstances set out in s 330(10). In order to give full effect to directive 2001/97/EC, article 2(2) of this order amends s 330(6)(b), (9A)(a) and (10) to extend the persons to whom the defence applies to a ‘relevant professional adviser’, as defined by s 330(14), which is inserted by art 2(5).

The amendments made by art 2(3) and (4) provide a defence for a person who is employed by (or in partnership with) the professional legal adviser or other relevant professional adviser to provide assistance or support.

The money laundering regulations 2003 also give effect to that directive. Article 3 of this order makes the same amendments to reg 7 of those regulations as the amendments made by art 2 to s 330. Regulation 7 provides for the internal reporting procedures with which a person must comply in the course of relevant business (reg 3(1) of those regulations).

‘Relevant business’ is defined by reg 2(2) of those regulations.

The family proceedings (amendment) rules 2006, SI 2006/352
These rules amend the family proceedings rules 1991, with effect from 3 April 2006, to make provision about the costs of ancillary relief proceedings.

Rule 6 omits the existing rules about costs in such proceedings and r 7 inserts a new r 2.71 into the 1991 rules which sets out a new general rule that the court will not make a costs order in ancillary relief proceedings unless it is appropriate to do so because of the conduct of one of the parties in relation to them. Paragraph (5) of the new r 2.71 sets out the factors which the court must have regard to before making a costs order under the new rule.

Rule 5 substitutes a new r 2.61F of the family proceedings rules and requires the completion of a costs estimate at interim hearings (Form H) and the completion of a detailed statement of costs at any final ancillary relief hearing (Form H1).

Rules 2, 3, 4, 8 and 9 make changes consequential to the other changes made by these rules.

Rule 10 provides that the new rules about costs in ancillary relief proceedings only apply to proceedings commenced after these rules come into force.

The National Care Standards Commission (Commission for Social Care Inspection) (fees) (adoption agencies, adoption support agencies and local authority fostering functions) (amendment) regulations 2006, SI 2006/578
These regulations, which apply to England only, amend the National Care Standards Commission (fees and frequency of inspections) (adoption agencies) regulations 2003 in order to increase by 15% the amount of the fees that voluntary adoption agencies and adoption support agencies pay to the Commission under part 2 of the Care Standards Act 2000.

The regulations take effect from 1 April 2006.
These increases take effect from 1st April 2006.

Regulations 2 to 7 make provision for increases in the fees to be paid in respect of voluntary adoption agencies and adoption support agencies on an application for registration (regs 2 and 3), an application for the variation or removal of any condition that is in force in relation to a registration (regs 4 and 5) and the payment of an annual fee (regs 6 and 7).

Regulation 8 prescribes the functions of the commission for the purposes of s 86(1) of the Health and Social Care (Community Health and Standards) Act 2003 (fees).

Section 86(1) allows the commission to make and publish provision requiring a local authority in England to pay a fee in respect of the exercise by the commission of such of its functions as may be prescribed.

Regulation 8 prescribes the functions for the purposes of this provision, namely the inspection of local authority adoption and fostering services, thereby allowing the Commission to make provision for charging local authorities fees for performing these functions.

The Domestic Violence, Crime and Victims Act 2004 (victims' code of practice) order 2006, SI 2006/629
This order brings into operation on 3 April 2006 the code of practice for victims of crime, issued pursuant to s 32 of the Domestic Violence, Crime and Victims Act 2004, making provision as to the services to be provided to a victim of criminal conduct by persons which have functions relating to victims of criminal conduct or any aspect of the criminal justice system.

The Civil Partnership Act 2004 (Commencement No 3) Order 2006, SI 2006/639
This order brings into force, on 6 April 2006, Part 7 of sch 5 to the Civil Partnership Act 2004. Part 7 provides for the court to have regard to pension protection fund compensation when considering the question of financial relief on the dissolution or annulment of a civil partnership or on the legal separation of civil partners.

It also brings into force certain paragraphs of sch 7 to the act which make similar provision where a civil partnership is dissolved or annulled or civil partners have been legally separated overseas and an application for financial relief is made in England and Wales.

The pension protection fund was established by the Pensions Act 2004. It pays compensation to members of certain pension schemes when a qualifying insolvency event in relation to the employer occurs and where there are insufficient assets in the pension scheme to cover the levels of compensation which would be payable by the ension protection fund under the Pensions Act.

The Housing Benefit (Amendment) Regulations 2006, SI 2006/644
These regulations amend the housing benefit regulations 2006, the housing benefit (persons who have attained the qualifying age for state pension credit) regulations 2006 and the housing benefit and council tax benefit (decisions and appeals) regulations 2001 to align with measures introduced by the Housing Act 2004 and the Antisocial Behaviour etc (Scotland) Act 2004.

Regulations 2 and 3 insert a new provision into the housing benefit regulations 2006 and the housing benefit (persons who have attained the qualifying age for state pension credit) regulations 2006, respectively, to prescribe the cases in which housing benefit shall take the form of a rent allowance. These are where an order has been made under certain provisions of the Housing Act 2004 or the Antisocial Behaviour etc (Scotland) Act 2004 with the effect that the occupier of a dwelling is liable to make payments to a local authority and not the landlord of the dwelling.

Regulation 4 inserts new provisions into reg 4 of the housing benefit and council tax benefit (decisions and appeals) regulations 2001. They provide that where an order made under s 71, or a notice made under s 94, of the Antisocial Behaviour etc (Scotland) Act 2004 is set aside, a supersession decision made under reg 7 of those regulations may be revised at any time.

The social security benefits up-rating order 2006, SI 2006/645
This order is made as a consequence of a review under s 150 of the Social Security Administration Act 1992 and includes details of the sums mentioned in that section. The increases take effect in April 2006.

Part 2 of the order relates to social security benefits and pensions.

Article 3 and sch 1 alter the benefits and increases of benefits (excepting those referred to in art 3(2)) specified in parts I, III, IV and V of sch 4 to the Social Security Contributions and Benefits Act 1992 (the Contributions and Benefits Act).

Article 4 increases the rates and amounts of certain pensions and allowances under the Contributions and Benefits Act.

Article 5 increases the sums payable as part of a category A or category B retirement pension under ss 15(1) and 17(2) of the Pension Schemes Act 1993 (the Pension Schemes Act) on account of increases in guaranteed minimum pensions.

Article 6 specifies the dates from which the sums specified for rates or amounts of benefits under the Contributions and Benefits Act or the Pensions Schemes Act are altered.

Article 7 increases the rates of certain workmen's compensation and industrial injuries benefits in respect of employment before 5 July 1948.

Article 8 specifies earnings limits for child dependency increases.

Article 9 increases the weekly rate of statutory sick pay.

Article 10 specifies the weekly rate of statutory maternity pay.

Article 11 specifies the weekly rates of statutory paternity pay and statutory adoption pay.

Article 12 increases the rate of graduated retirement benefit.

Article 13 increases the rate of disability living allowance.

Article 14 increases the weekly rates of age addition to long-term incapacity benefit.

Article 15 increases the weekly rates of transitional invalidity allowance in long-term incapacity benefit cases.

Part 3 of the order relates to income support, housing benefit and council tax benefit.

Article 16 states the amount of sums relevant to the applicable amount for the purposes of income support.

Article 16(3) and sch 2 set out the personal allowances; art 16(4) and 16(5) and sch 3 set out the premiums; art 16(7) and sch 4 set out the amounts relevant to special cases; and art 16(8) and sch 5 set other miscellaneous amounts as in force on 25 January 2006.

Article 17 provides for the percentage increase of sums payable by way of special transitional additions to income support.

Article 18 states the sum by which any income support of a person involved in a trade dispute is reduced.

Article 19 states the amount of the sums relevant to the applicable amount for the purposes of housing benefit. Article 19(6) and sch 6 set out the personal allowances and art 19(7) and (8) and sch 7 set out the premiums.

Article 20 states the amount of the sums relevant to the applicable amount for the purposes of housing benefit for certain persons over the qualifying age for state pension credit.

Article 20(4) and sch 8 set out the personal allowances and art 20(5) and (6) and sch 9 set out the premiums.

Article 21 states the amount of the sums relevant to the applicable amount for the purposes of council tax benefit. Article 21(4) and sch 10 set out the personal allowances and art 21(5) and (6) and sch 11 set out the premiums.

Article 22 states the amount of the sums relevant to the applicable amount for the purposes of council tax benefit for certain persons over the qualifying age for state pension credit. Article 22(4) and sch 12 set out the personal allowances and art 22(5) and (6) and sch 13 set out the premiums.

Part 4 of the order relates to jobseeker's allowance.

Article 23 increases the age-related amounts for contribution-based jobseeker's allowance.

Article 24 states the amount of sums relevant to the applicable amount for the purposes of income-based jobseeker's allowance. Article 24(3) and Sch 14 set out the personal allowances; art 24(4) and (5) and sch 15 set out the premiums; art 24(6) and sch 16 set out the premiums for joint-claim couples; art 24(8) and sch 17 set out the amounts relevant to special cases; art 24(9) and sch 18 set out the amounts relevant to joint-claim special cases and art 24(11) and sch 19 set out other miscellaneous amounts.

Article 25 states the sum by which any jobseeker's allowance of a person involved in a trade dispute is reduced.

Part 5 of the order relates to state pension credit.

Article 26 and sch 20 specify the amounts relevant to state pension credit.
Part 6 of the order provides for the revocation of the social security benefits up-rating order 2005 (SI 2005/522).

The social security (provisions relating to qualifying young persons) (amendment) regulations 2006, SI 2006/692
These regulations, which take effect on 10 April 2006, amend:
— regs 10 and 11 of, and para 7(b) of Sch 2 to, the aocial security benefit (dependency) regulations 1977,
— regs 16, 16ZA and 16A of the social security (widow's benefit and retirement pensions) regulations 1979, and
— regs 9, 10 and 12 of the social security (incapacity benefit – increases for dependants) regulations 1994,to reflect the fact that persons in respect of whom child benefit is payable after their 16th birthdays are no longer referred to as children, but as qualifying young persons, by virtue of the Child Benefit Act 2005.

The social security benefits up-rating regulations 2006, SI 2006/712
This instrument contains only provisions in consequence of an order under section 150 of the Social Security Administration Act 1992 (up-rating of benefits).

Regulation 2 provides that where a question has arisen about the effect of the social security benefits up-rating order 2006 on a benefit already in payment, the altered rates will not apply until that question is determined by the secretary of state, an appeal tribunal or a commissioner.

Regulation 3 applies the provisions of reg 5 of the social security benefit (persons abroad) regulations 1975 so as to restrict the application of the increases specified in the up-rating order in cases where the beneficiary lives abroad.

Regulation 4 raises from £170 to £175 and from £22 to £23 the earnings limits for child dependency increases payable with a carer's allowance. These increases were abolished by ss 1(3)(e) and 60 of, and Sch 6 to, the Tax Credits Act 2002 but are saved for transitional cases by virtue of art 3 of the Tax Credits Act 2002 (commencement no 3 and transitional provisions and savings) order 2003.

Regulation 5 revokes the social security benefit up-rating regulations 2005.