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Statutory Rules of Northern Ireland


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URL: http://www.bailii.org/nie/legis/num_reg/2006/20060352.html

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STATUTORY RULES OF NORTHERN IRELAND


2006 No. 352 (C. 19)

PENSIONS

The Pensions (2005 Order) (Commencement No. 10 and Savings) Order (Northern Ireland) 2006

  Made 30th August 2006 

The Department for Social Development makes the following Order in exercise of the powers conferred by Articles 1(2) and (6)(b) and 287(3) of the Pensions (Northern Ireland) Order 2005[1].

Citation and interpretation
     1. —(1) This Order may be cited as the Pensions (2005 Order) (Commencement No. 10 and Savings) Order (Northern Ireland) 2006.

    (2) In this Order "the 2005 Order" means the Pensions (Northern Ireland) Order 2005.

Appointed days
    
2. —(1) The day appointed for the coming into operation of Article 160(4), (5) and (7) of the 2005 Order (amounts to be raised by the pension protection levies) is 1st September 2006.

    (2) The day appointed for the coming into operation of paragraph 7 of Schedule 10 to the 2005 Order (amendment of section 52 of the Pension Schemes Act) in so far as it is not already in operation, and Article 290(1) of the 2005 Order in so far as it relates to that paragraph—

    (3) The day appointed for the coming into operation of the provisions of the 2005 Order specified in Part 1 of the Schedule—

    (4) The day appointed for the coming into operation of Article 103(7) of the 2005 Order (administration levy) in so far as it is not already in operation—

    (5) The day appointed for the coming into operation of the provisions of the 2005 Order specified in Part 2 of the Schedule is 6th April 2007.

Savings
    
3. —(1) The definition of "minimum funding requirement" in Article 121(1) of the 1995 Order (interpretation of Part II) continues to apply to a scheme on and after 6th April 2007 until the date on which the first schedule of contributions under the 2005 Order comes into force for that scheme as if the repeal of that definition by the 2005 Order had not come into operation on 6th April 2007 in accordance with this Order.

    (2) Any reference to "minimum funding requirement" in—

continues to apply to a scheme on and after 6th April 2007 as if the repeal of the definition of that provision in Article 121(1) of the 1995 Order by the 2005 Order had not come into operation on that date in accordance with this Order.

    (3) In this Article—



Sealed with the Official Seal of the Department for Social Development on


30th August 2006

L.S.


D. A. Baker
A senior officer of the Department for Social Development


SCHEDULE
Article 2



PART 1

PROVISIONS OF THE 2005 ORDER COMING INTO OPERATION ON 1st NOVEMBER 2006 FOR THE PURPOSE ONLY OF AUTHORISING THE MAKING OF REGULATIONS, AND ON 6th APRIL 2007 FOR ALL OTHER PURPOSES

Provisions of the2005 Order Subject Matter
Article 137(4) and (7) Closed schemes
Article 139(1) and (4) Treatment of closed schemes
Article 140(1), (2), (5) and (6) Valuations of closed schemes
Article 141(1), (7) and (9) Applications and notifications where closed schemes have insufficient assets



PART 2

PROVISIONS OF THE 2005 ORDER COMING INTO OPERATION ON 6th APRIL 2007

Provisions of the2005 Order Subject Matter
Article 116, in so far as it is not already in operation Assessment periods
Article 137, in so far as it is not already in operation Closed schemes
Article 138, in so far as it is not already in operation Requirement to wind up schemes with sufficient assets to meet protected liabilities
Article 139, in so far as it is not already in operation Treatment of closed schemes
Article 140, in so far as it is not already in operation Valuations of closed schemes
Article 141, in so far as it is not already in operation Applications and notifications where closed schemes have insufficient assets
Article 142 Duty to assume responsibility for closed schemes
Article 143 Closed schemes: further assessment periods
Article 144, in so far as it is not already in operation Transfer notice
Article 156, in so far as it is not already in operation Relationship with fraud compensation regime
Schedule 11, in so far as it relates to the repeal of the definition of "minimum funding requirement" in Article 121(1) of the Pensions (Northern Ireland) Order 1995, and Article 291 in so far as it relates to that provision Repeals



EXPLANATORY NOTE

(This note is not part of the Order)


This Order makes further provision for the coming into operation of the following provisions of the Pensions (Northern Ireland) Order 2005—

The Order also contains saving provisions which preserve the application of the definition of "minimum funding requirement" in Article 121(1) of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) for transitional purposes.



NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)


The following provisions of the Pensions (Northern Ireland) Order 2005 have been brought into operation by earlier commencement orders as from the dates shown.

Provision Date of Commencement S.R. No.
Article 2 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
(partially) 1st June 2005 2005 No. 280 (C. 20)
Article 3 (partially) 25th February 2005, 1st April 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 4 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 5 25th February 2005 2005 No. 48 (C. 5)
Article 6 6th April 2005 2005 No. 48 (C. 5)
Article 7 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
(partially) 6th April 2005 2005 No. 166 (C. 12)
Article 8 (partially) 25th February 2005 2005 No. 48 (C. 5)
Articles 9 to 13 6th April 2005 2005 No. 48 (C. 5)
Article 14 (partially) 6th April 2005 2005 No. 48 (C. 5)
(partially) 6th April 2006 2006 No. 95 (C. 7)
Article 15 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 16 (partially) 6th April 2005 2005 No. 48 (C. 5)
Article 17 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 18 6th April 2005 2005 No. 48 (C. 5)
Articles 19 and 20 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Articles 21 to 25 6th April 2005 2005 No. 48 (C. 5)
Article 26 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Articles 27 to 31 6th April 2005 2005 No. 48 (C. 5)
Article 32 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 33 6th April 2005 2005 No. 48 (C. 5)
Article 34 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Articles 35 and 36 6th April 2005 2005 No. 48 (C. 5)
Articles 37 and 38 (partially) 6th April 2005 2005 No. 48 (C. 5)
Articles 39 to 41 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 42 6th April 2005 2005 No. 48 (C. 5)
Article 43 (partially) 6th April 2005 2005 No. 48 (C. 5)
Articles 44 and 45 6th April 2005 2005 No. 48 (C. 5)
Article 46 (partially) 6th April 2005 2005 No. 48 (C. 5)
Article 47 6th April 2005 2005 No. 48 (C. 5)
Article 48 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Articles 49 to 52 6th April 2005 2005 No. 48 (C. 5)
Article 53 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 54 6th April 2005 2005 No. 48 (C. 5)
Article 55 (partially) 25th February 2005, 1st April 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 56 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Articles 57 to 63 6th April 2005 2005 No. 48 (C. 5)
Article 64 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Articles 65 to 80 6th April 2005 2005 No. 48 (C. 5)
Article 81 (partially) 6th April 2005 2005 No. 48 (C. 5)
(partially) 6th April 2006 2006 No. 95 (C. 7)
Articles 82 to 84 6th April 2005 2005 No. 48 (C. 5)
Article 85 (partially) 6th April 2005 2005 No. 48 (C. 5)
(partially) 14th November 2005 2005 No. 411 (C. 32)
Article 86 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 87 6th April 2005 2005 No. 48 (C. 5)
Article 88 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 89 6th April 2005 2005 No. 48 (C. 5)
Articles 90 and 91 (partially) 6th April 2005 2005 No. 48 (C. 5)
Article 92 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Articles 93 to 95 6th April 2005 2005 No. 48 (C. 5)
Article 96 (partially) 6th April 2005 2005 No. 48 (C. 5)
Articles 97 and 98 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 99 6th April 2005 2005 No. 48 (C. 5)
Article 100 6th April 2006 2006 No. 95 (C. 7)
Article 101 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
(partially) 1st September 2005 2005 No. 411 (C. 32)
(partially) 9th December 2005 2005 No. 543 (C. 37)
(partially) 6th April 2006 2006 No. 95 (C. 7)
Article 103 (partially) 25th February 2005 and 1st April 2005 2005 No. 48 (C. 5)
Article 104 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 105 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
(partially) 30th June 2005 2005 No. 321 (C. 24)
Articles 106 and 107 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 108 6th April 2005 2005 No. 48 (C. 5)
Article 109 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 110 (partially) 25th February 2005, 8th March 2005, 1st April 2005 and 6th April 2005 2005 No. 48 (C. 5)
Articles 111 and 112 6th April 2005 2005 No. 48 (C. 5)
Articles 113 and 114 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 115 6th April 2005 2005 No. 48 (C. 5)
Article 116 (partially) 6th April 2005 2005 No. 48 (C. 5)
Articles 117 to 119 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Articles 120 and 121 6th April 2005 2005 No. 48 (C. 5)
Articles 122 to 125 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 126 6th April 2005 2005 No. 48 (C. 5)
Article 127 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 128 6th April 2005 2005 No. 48 (C. 5)
Articles 129 to 132 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 133 6th April 2005 2005 No. 48 (C. 5)
Article 134 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 135 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
(partially) 1st April 2006 2006 No. 95 (C. 7)
Article 136 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 138 (partially) 6th April 2005 2005 No. 48 (C. 5)
Article 144 (partially) 6th April 2005 2005 No. 48 (C. 5)
(partially) 6th April 2006 2006 No. 95 (C. 7)
Article 145 (partially) 6th April 2005 2005 No. 48 (C. 5)
(partially) 1st January 2006 and 6th April 2006 2005 No. 543 (C. 37)
Article 146 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 147 (partially) 1st January 2006 and 6th April 2006 2005 No. 543 (C. 37)
Article 148 6th April 2005 2005 No. 192 (C. 14)
Article 149 6th April 2006 2006 No. 95 (C. 7)
Article 150 (partially) 1st January 2006 and 6th April 2006 2005 No. 543 (C. 37)
Article 151 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 152 (partially) 1st January 2006 2005 No. 543 (C. 37)
Article 153 (partially) 6th April 2006 2006 No. 95 (C. 7)
Articles 154 and 155 (partially) 1st January 2006 and 6th April 2006 2005 No. 543 (C. 37)
Article 156 (partially) 6th April 2005 2005 No. 48 (C. 5)
(partially) 1st September 2005 2005 No. 321 (C. 24)
Article 157 (partially) 25th February 2005 and 1st April 2005 2005 No. 48 (C. 5)
Article 158 (partially) 6th April 2005 2005 No. 48 (C. 5)
(partially) 20th June 2005 2005 No. 280 (C. 20)
(partially) 9th December 2005 2005 No. 543 (C. 37)
Article 159 (partially) 31st May 2005 and 20th June 2005 2005 No. 280 (C. 20)
Article 160 (partially) 9th December 2005 2005 No. 543 (C. 37)
(partially) 1st April 2006 2006 No. 95 (C. 7)
Article 161 9th December 2005 2005 No. 543 (C. 37)
Article 162 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 163 (partially) 9th December 2005 2005 No. 543 (C. 37)
Article 164 (partially) 25th February 2005 and 1st April 2005 2005 No. 48 (C. 5)
(partially) 9th December 2005 2005 No. 543 (C. 37)
Articles 165 and 166 (partially) 14th July 2005 and 1st September 2005 2005 No. 321 (C. 24)
Article 167 1st September 2005 2005 No. 321 (C. 24)
Articles 168 and 169 (partially) 14th July 2005 and 1st September 2005 2005 No. 321 (C. 24)
Article 171 (partially) 25th February 2005 and 1st April 2005 2005 No. 48 (C. 5)
(partially) 1st January 2006 and 1st April 2006 2005 No. 543 (C. 37)
Article 172 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 173 25th February 2005 2005 No. 48 (C. 5)
Article 174 6th April 2005 2005 No. 48 (C. 5)
Article 175 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Articles 176 to 184 6th April 2005 2005 No. 48 (C. 5)
Article 185 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 186 (partially) 6th April 2005 2005 No. 48 (C. 5)
(partially) 6th April 2006 2006 No. 95 (C. 7)
Article 187 6th April 2005 2005 No. 48 (C. 5)
Article 188 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
(partially) 1st September 2005 2005 No. 411 (C. 32)
Articles 189 and 190 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 191 (partially) 25th February 2005, 1st April 2005 and 6th April 2005 2005 No. 48 (C. 5)
Articles 192 and 193 (partially) 1st July 2005 and 21st July 2005 2005 No. 321 (C. 24)
Articles 194 to 197 21st July 2005 2005 No. 321 (C. 24)
Article 198 6th April 2005 2005 No. 48 (C. 5)
Article 199 1st January 2006 2005 No. 543 (C. 37)
Articles 200 to 212 (partially) 6th December 2005 and 30th December 2005 2005 No. 543 (C. 37)
Article 216 (partially) 1st July 2005, 22nd September 2005 and 6th April 2006 2005 No. 321 (C. 24)
Articles 218 and 219 (partially) 1st November 2005 and 6th April 2006 2005 No. 411 (C. 32)
Article 220 1st November 2005 2005 No. 411 (C. 32)
Articles 221 to 223 (partially) 6th December 2005 and 30th December 2005 2005 No. 543 (C. 37)
Articles 224 and 225 6th April 2006 2006 No. 95 (C. 7)
Article 226 (partially) 9th March 2006 and 6th April 2006 2006 No. 95 (C. 7)
Articles 227 and 228 9th March 2006 and 6th April 2006 2006 No. 95 (C. 7)
Article 229 (partially) 1st July 2005 and 22nd September 2005 2005 No. 321 (C. 24)
Article 230 (partially) 1st January 2006 and 6th April 2006 2005 No. 543 (C. 37)
Article 231 6th April 2006 2006 No. 95 (C. 7)
Article 232 (partially) 1st July 2005 and 22nd September 2005 2005 No. 321 (C. 24)
Article 233 30th June 2005 2005 No. 321 (C. 24)
Article 234 6th April 2005 2005 No. 48 (C. 5)
Article 235 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Articles 236 to 238 (partially) 1st January 2006 and 6th April 2006 2005 No. 543 (C. 37)
Article 239 (partially) 1st November 2005 and 6th April 2006 2005 No. 411 (C. 32)
Article 240 6th April 2005 2005 No. 48 (C. 5)
Article 241 (partially) 1st January 2006 and 6th April 2006 2005 No. 543 (C. 37)
Articles 242 and 243 6th April 2005 2005 No. 48 (C. 5)
Articles 244 and 245 6th April 2006 2006 No. 95 (C. 7)
Article 246 (partially) 1st July 2005 and 6th April 2006 2005 No. 321 (C. 24)
Articles 247 and 248 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Article 249 25th March 2005 2005 No. 166 (C. 12)
Articles 252 and 253 6th April 2005 2005 No. 48 (C. 5)
Article 254 25th February 2005 2005 No. 48 (C. 5)
Article 255 (partially) 25th March 2005 2005 No. 166 (C. 12)
           6th April 2005 2005 No. 48 (C. 5)
Article 256 6th April 2005 2005 No. 48 (C. 5)
Article 257 (partially) 25th March 2005 2005 No. 166 (C. 12)
           6th April 2005 2005 No. 48 (C. 5)
Article 259 6th April 2005 2005 No. 48 (C. 5)
Article 260 1st July 2005 2005 No. 321 (C. 24)
Article 261 (partially) 1st July 2005 and 6th April 2006 2005 No. 321 (C. 24)
Article 262 6th April 2005 2005 No. 48 (C. 5)
Article 263 (partially) 6th December 2005, 30th December 2005, 30th March 2006 and 29th August 2006 2005 No. 543 (C. 37)
Articles 264 to 271 (partially) 6th December 2005 and 30th December 2005 2005 No. 543 (C. 37)
Article 274 (partially) 6th April 2005 2005 No. 48 (C. 5)
Article 275 6th April 2005 2005 No. 48 (C. 5)
Article 276 1st September 2005 2005 No. 411 (C. 32)
Article 279 (partially) 1st September 2005 2005 No. 411 (C. 32)
(partially) 6th December 2005 and 30th December 2005 2005 No. 543 (C. 37)
(partially) 6th April 2006 2006 No. 95 (C. 7)
Article 280 (partially) 25th February 2005, 8th March 2005 and 6th April 2005 2005 No. 48 (C. 5)
Articles 282 to 284 and 286 1st September 2005 2005 No. 411 (C. 32)
Article 287 (partially) 6th December 2005 and 30th December 2005 2005 No. 543 (C. 37)
Article 290 (partially) 25th February 2005, 1st April 2005 and 6th April 2005 2005 No. 48 (C. 5)
(partially) 6th April 2005 2005 No. 166 (C. 12)
(partially) 30th June 2005, 14th July 2005, 1st September 2005 and 22nd September 2005 2005 No. 321 (C. 24)
(partially) 1st September 2005 and 22nd September 2005 2005 No. 411 (C. 32)
(partially) 6th December 2005, 9th December 2005, 30th December 2005, 1st January 2006 and 6th April 2006 2005 No. 543 (C. 37)
(partially) 15th February 2006 2006 No. 45 (C. 4)
(partially) 6th April 2006 2006 No. 95 (C. 7)
Article 291 (partially) 25th February 2005, 1st April 2005 and 6th April 2005 2005 No. 48 (C. 5)
(partially) 1st April 2005 and 6th April 2005 2005 No. 166 (C. 12)
(partially) 6th April 2005 2005 No. 192 (C. 14)
(partially) 1st September 2005 and 6th April 2006 2005 No. 321 (C. 24)
(partially) 1st September 2005 and 22nd September 2005 2005 No. 411 (C. 32)
(partially) 6th December 2005, 9th December 2005, 30th December 2005 and 6th April 2006 2005 No. 543 (C. 37)
(partially) 6th April 2006 2006 No. 95 (C. 7)
Article 292 1st July 2005 2005 No. 321 (C. 24)
Article 294 6th April 2006 2006 No. 95 (C. 7)
Schedule 1 (partially) 25th February 2005, 1st April 2005 and 6th April 2005 2005 No. 48 (C. 5)
(partially) 25th March 2005 and 6th April 2005 2005 No. 166 (C. 12)
Schedule 2 6th April 2005 2005 No. 166 (C. 12)
Schedule 3 6th April 2005 2005 No. 48 (C. 5)
Schedule 4 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
(partially) 1st September 2005 2005 No. 411 (C. 32)
(partially) 6th April 2006 2006 No. 95 (C. 7)
Schedule 5 6th April 2006 2005 No. 543 (C. 37)
Schedule 6 (partially) 25th February 2005 and 6th April 2005 2005 No. 48 (C. 5)
Schedule 7 6th April 2005 2005 No. 48 (C. 5)
Schedule 8 (partially) 6th April 2005 2005 No. 48 (C. 5)
(partially) 1st September 2005 2005 No. 321 (C. 24)
Schedule 10 (partially) 25th February 2005, 1st April 2005 and 6th April 2005 2005 No. 48 (C. 5)
(partially) 25th March 2005 and 6th April 2005 2005 No. 166 (C. 12)
(partially) 30th June 2005, 14th July 2005, 1st September 2005 and 22nd September 2005 2005 No. 321 (C. 24)
(partially) 1st September 2005 and 22nd September 2005 2005 No. 411 (C. 32)
(partially) 6th December 2005, 9th December 2005, 30th December 2005, 1st January 2006 and 6th April 2006 2005 No. 543 (C. 37)
(partially) 15th February 2006 2006 No. 45 (C. 4)
(partially) 6th April 2006 2006 No. 95 (C. 7)
Schedule 11 (partially) 25th February 2005, 1st April 2005 and 6th April 2005 2005 No. 48 (C. 5)
(partially) 1st April 2005 and 6th April 2005 2005 No. 166 (C. 12)
(partially) 6th April 2005 2005 No. 192 (C. 14)
(partially) 1st September 2005 and 6th April 2006 2005 No. 321 (C. 24)
(partially) 1st September 2005 and 22nd September 2005 2005 No. 411 (C. 32)
(partially) 6th December 2005, 9th December 2005, 30th December 2005 and 6th April 2006 2005 No. 543 (C. 37)
(partially) 6th April 2006 2006 No. 95 (C. 7)


Notes:

[1] S.I. 2005/255 (N.I. 1)back

[2] S.R. 1996 No. 585 as amended by S.R. 1997 Nos. 160 and 544, S.R. 1999 No. 486, S.R. 2002 No. 64, S.R. 2004 No. 60 and S.R. 2005 No. 20; see also S.R. 2005 Nos. 168 and 568back

[3] S.R. 1996 No. 621 as amended by S.R. 1997 No. 160, S.R. 1999 No. 486, S.R. 2000 No. 335, S.R. 2002 No. 64, S.R. 2004 No. 60, S.R. 2005 Nos. 20, 168, 171 and 568 and S.R. 2006 No. 65; see also S.R. 2004 No. 187back

[4] S.R. 2005 No. 168 as amended by S.R. 2005 Nos. 387, 568 and 569 and S.R. 2006 Nos. 65 and 85back

[5] S.R. 2005 No. 568back



ISBN 0 337 96623 0


 © Crown copyright 2006

Prepared 6 September 2006


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