text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund (Applications and Miscellaneous Provisions) Regulations 2008 and shall come into force on 1st October 2008.
2
In these Regulations —
“ the Act ” means the Social Security Contributions and Benefits Act 1992 ;
“applicant” means the person by or on behalf of whom the application for a section 138(1)(b) payment is made;
“section 138(1)(b) payment” means a payment out of the social fund under section 138(1)(b) of the Act (payment to meet needs other than in prescribed circumstances).
Form and manner in which an application is to be made
2
1
An application for a payment by way of community care grant or budgeting loan under section 138(1)(b) of the Act must be made in writing —
a
on a form approved by the Secretary of State and completed in accordance with the instructions on that form; or
b
in such other manner as the Secretary of State may accept as sufficient in any particular case.
2
Subject to paragraph (3), an application for a payment by way of crisis loan under section 138(1)(b) of the Act need not be made in writing.
3
An application for a crisis loan must be made in writing where the Secretary of State so requires in any particular case, and the provisions of paragraph (1) and regulation 3 will then apply to that application as they apply to an application for a community care grant or budgeting loan.
Written applications
3
1
This regulation applies to applications for section 138(1)(b) payments which must be made in writing.
2
Forms of application for section 138(1)(b) payments are to be supplied, without charge, by persons appointed or authorised for that purpose by the Secretary of State.
3
Every application must be delivered or sent to an office of the Department for Work and Pensions.
4
Where the applicant has not provided sufficient particulars to enable any material question to be determined, the Secretary of State may request him to provide (in writing, by attendance at an office of the Department for Work and Pensions or by other reasonable means) such further particulars as may reasonably be required to determine the application.
5
Where an application has been submitted using an approved form and it appears to the Secretary of State that the application has not been completed in accordance with the instructions given on the form, the Secretary of State may return the form to the applicant for proper completion.
Crisis loan application not made in writing
4
1
This regulation applies to an application for a crisis loan which is not made in writing.
2
Where the applicant has not provided sufficient particulars to enable any material question to be determined, the Secretary of State may request him to provide such further particulars as may reasonably be required to determine the application.
Consent where application is made on behalf of someone else
5
1
Where an application for a section 138(1)(b) payment is to be made on behalf of one person (“A”) by another person (“B”), A must give his consent to the application being made on his behalf unless B is a person appointed by the Secretary of State under regulation 33(1) of the Social Security (Claims and Payments) Regulations 1987 to act on A’s behalf.
2
Consent must be in writing except where the application is for a crisis loan which is not made in writing.
Time at which an application is to be treated as made
6
1
This regulation specifies when an application for a section 138(1)(b) payment is to be treated as made.
2
In the case of —
a
an application which meets the requirements of regulation 2(1) or (3); or
b
an application for a crisis loan not made in writing in respect of which the Secretary of State does not request further particulars,
it is the date on which the application is received in an office of the Department for Work and Pensions.
3
In the case of an application to which paragraph (4) applies, it is the date on which the application was first received in an office of the Department for Work and Pensions.
4
This paragraph applies in the case of —
a
an application in writing which does not meet the requirements of regulation 2(1) or (3), or
b
an application for a crisis loan not made in writing in respect of which the Secretary of State requests further particulars,
where the applicant complies with the requirements of the Secretary of State under regulation 3(4) or (5) or 4(2).
Conditions to be satisfied before payment of a repayable social fund award
7
1
In this regulation “section 139 notification” means the notification given by the Secretary of State, under section 139(4) of the Act, of the terms and conditions on which an award of a crisis loan or budgeting loan is repayable.
2
Where an application for a crisis loan is not made in writing, before an award is paid the applicant must provide satisfactory evidence of his identity.
3
Before an award of a crisis loan or a budgeting loan is paid, the applicant must inform the Secretary of State that he agrees to the terms and conditions contained in the section 139 notification, and (subject to paragraph (4)) he must do so in writing.
4
In the case of a crisis loan, the applicant need not inform the Secretary of State in writing if the application for the loan was not made in writing.
5
The applicant must inform the Secretary of State of his agreement to the terms and conditions contained in the section 139 notification within the period of 14 days beginning with the date on which the Secretary of State notified them to the applicant.
6
The Secretary of State may extend the time specified in paragraph (5) where he is satisfied that special reasons apply, even if it has already expired.
Circumstances in which an award is to be extinguished
8
An award of a section 138(1)(b) payment becomes extinguished where —
a
the applicant fails to satisfy the condition in paragraph (3) of regulation 7 within the time referred to in paragraph (5) or (6) of that regulation; or
b
in a case where the Secretary of State has issued an instrument of payment in respect of the award, that instrument is not presented for payment within the period of 12 months beginning with the date of its issue.
Revocations
9
The following Regulations are revoked —
a
the Social Fund (Applications) Regulations 1988 ;
b
the Social Fund (Miscellaneous Provisions) Regulations 1990 ; and
c
the Social Fund (Miscellaneous Amendments) Regulations 2002 .
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
21st August 2008


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Income Tax (Indexation) (No. 4) Order 2008 and shall come into force on the 6th April 2009.
2
In this Order references to sections, without more, are references to sections of the Income and Corporation Taxes Act 1988.
Indexation of personal allowance and married couple’s allowance for the tax year 2009-10
2
For the tax year 2009-10 the amounts specified in the provisions mentioned in section 257C(1) (indexation of allowances) are replaced as follows —
a
the amount specified in section 256B (the minimum amount) is replaced with “£2,670”;
b
in section 257 (personal allowance) —
i
the amount specified in subsection (1) (personal allowance for those aged under 65) is replaced with “£6,345”,
ii
the amount specified in subsection (2) (personal allowance for those aged 65 to 74) is replaced with “£9,490”,
iii
the amount specified in subsection (3) (personal allowance for those aged 75 and over) is replaced with “£9,640”, and
iv
the amount specified in subsection (5) (adjusted net income limit) is replaced with “£22,900”;
c
in section 257A (married couple’s allowance: marriages before 5th December 2005) —
i
the amount specified in subsection (2) (married couple’s allowance: one spouse aged less than 75 and born before 6th April 1935) is replaced with “£6,865”,
ii
the amount specified in subsection (3) (married couple’s allowance: one spouse aged 75 or over) is replaced with “£6,965”, and
iii
the amount specified in subsection (5) (adjusted net income limit) is replaced with “£22,900”;
d
in section 257AB (marriages and civil partnerships on or after 5th December 2005) —
i
the amount specified in subsection (2)(a) (married couple’s allowance: one spouse or civil partner aged 75 or over) is replaced with “£6,965”,
ii
the amount specified in subsection (2)(b) (married couple’s allowance: one spouse or civil partner aged less than 75 and born before 6th April 1935) is replaced with “£6,865”, and
iii
the amount specified in subsection (4) (adjusted net income limit) is replaced with “£22,900”.
Indexation of blind person’s allowance for the tax year 2009-10
3
For the tax year 2009-10 the amount specified in section 265(1) (blind person’s allowance) is replaced with “£1,890”.
Steve McCabe
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
24th November 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Definition of Financial Instrument Order 2008 and comes into force on 31 January 2009.
2
In this Order “ the Act ” means the Financial Services and Markets Act 2000 .
Transparency rules: interpretation etc.
2
1
Section 89F of the Act is amended as follows.
2
In subsection (4), after the definition of “Article 13 instrument” insert —
“financial instrument” has the meaning given in Article 4.1(17) of Directive 2004/39/ EC on markets in financial instruments;
.
Meaning of “securities” etc
3
1
Section 102A of the Act is amended as follows.
2
In subsection (4) —
a
after the words ““financial instrument” has”, insert the words “(except in section 89F)”;
b
at the end of the subsection, insert the words “(as modified by Article 69 of Directive 2004/39/EC on markets in financial instruments)” .
Amendment of the Financial Services and Markets Act 2000 (Prescribed Markets and Qualifying Investments) Order 2001
4
In article 5 (qualifying investments) of the Financial Services and Markets Act 2000 (Prescribed Markets and Qualifying Investments) Order 2001 , at the end insert the words “as modified by Article 69 of Directive 2004/39/EC on markets in financial instruments”.
Tony Cunningham
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
24th November 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Assisted Places) (Incidental Expenses) (Amendment) (England) Regulations 2008 and come into force on 1st September 2008.
2
These Regulations apply in relation to a school year beginning on or after that date.
3
These Regulations apply only in relation to England.
Amendment of the Education (Assisted Places) (Incidental Expenses) Regulations 1997
2
1
The Education (Assisted Places) (Incidental Expenses) Regulations 1997 are amended as follows.
2
In regulation 2 —
a
in paragraph (2), for “£13,861” substitute “£14,443”;
b
in paragraph (3), for sub-paragraphs (a) and (b) substitute —
a
£90 where the relevant income does not exceed £13,397; and
b
£46 where that income exceeds £13,397, but does not exceed £14,443.
3
In regulation 4 —
a
in paragraph (3), for “£12,877” substitute “£13,410”; and
b
in paragraph (4) —
i
for “£12,877” substitute “£13,410”; and
ii
for “£12,698” substitute “£13,231”.
Andrew Adonis
Parliamentary Under Secretary of State
Department for Children, Schools and Families
19th June 2008


text:
1
This Order may be cited as the Appeals (Excluded Decisions) Order 2008 and shall come into force on 3rd November 2008.
2
For the purposes of section 11(1) of the Tribunals, Courts and Enforcement Act 2007, the following decisions of the First-tier Tribunal are excluded decisions —
a
any decision on an appeal under section 102 of the Immigration and Asylum Act 1999 ;
b
any decision on an appeal under section 63(6) of the Tax Credits Act 2002 ;
c
any decision on an appeal under section 24(2) of the Child Trust Funds Act 2004 .
By authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
13th October 2008


text:
Citation and Commencement
1
1
This Order may be cited as the European Communities (Definition of Treaties) (2006 International Tropical Timber Agreement) Order 2008.
2
This Order shall come into force on the date on which the treaty specified in the Schedule enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
Specification as Community Treaty
2
The Treaty specified in the Schedule is to be regarded as one of the Community Treaties as defined in section 1(2) of the European Communities Act 1972.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2008 and come into force on 14 March 2008.
2
These Regulations extend to Great Britain.
Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007
2
1
Schedule 2 (recovery and recycling obligations) to the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 is amended as follows.
2
In paragraph 5 —
a
in sub-paragraph (c), for “68%” substitute “72%”;
b
in sub-paragraph (d), for “69%” substitute “73%”; and
c
in sub-paragraph (e), for “70%” substitute “74%”.
3
In paragraph 6, in Table 2 (recycling targets), for the columns headed “2008”, “2009” and “2010” substitute the following columns —
2008 2009 2010
78 80 81 35 38 40 68 68.5 69 67.5 68.5 69.5 26 27 29 20.5 21 22
.
Joan Ruddock
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
19th February 2008


text:
Title and Commencement
1
The Title of this Order is the North Glamorgan National Health Service Trust (Dissolution) Order 2008 and it comes into force on 1 April 2008.
Dissolution of NHS Trust
2
The North Glamorgan National Health Service Trust established by the North Glamorgan National Health Service Trust (Establishment) Order 1996 is hereby dissolved, and accordingly that Order is hereby revoked.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
28 March 2008


text:
Citation and commencement
1
This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2008 and shall come into force on 19 June 2008.
Interpretation
2
In this Order —
a
“the 1920 Act ” means the Maintenance Orders (Facilities for Enforcement) Act 1920 ;
b
“the 1972 Act ” means the Maintenance Orders (Reciprocal Enforcement) Act 1972; and
c
“Jersey” means the Bailiwick of Jersey.
Designation
3
Jersey is hereby designated as a reciprocating country for the purpose of Part I of the 1972 Act, as it applies to the United Kingdom, as regards maintenance orders generally.
Maintenance Orders registered under the 1920 Act
4
1
In this Article —
a
“commencement date” means the date on which this Order comes into force;
b
“registered” means registered in the High Court or the High Court of Justice in Northern Ireland under section 1 of the 1920 Act; and
c
“relevant maintenance order” means an order, other than an order of affiliation, for the periodic payments of sums of money.
2
Paragraph (3) shall apply if —
a
a relevant maintenance order is transmitted under section 2 or 3 of the 1920 Act to Jersey; and
b
immediately before the commencement date the 1920 Act applied to that order.
3
Where this paragraph applies, sections 5, 12 to 15, 17, 18 and 21 of the 1972 Act shall apply in relation to Jersey, as they apply in relation to a maintenance order of the same description —
a
sent to Jersey pursuant to section 2 of the 1972 Act;
b
made under section 3 or 4 of the 1972 Act; and
c
confirmed by a competent court in Jersey.
4
Paragraph (5) shall apply if —
a
a relevant maintenance order is transmitted under section 2 or 3 of the 1920 Act to Jersey; and
b
immediately before the commencement date —
i
the 1920 Act applied to that order; and
ii
the order was not registered.
5
Where this paragraph applies, sections 8 to 21 of the 1972 Act shall apply in relation to a relevant maintenance order referred to under paragraph (1), as they apply in relation to a maintenance order of the same description made under the 1972 Act which is so registered.
6
Paragraph (7) shall apply if —
a
a relevant maintenance order has been confirmed by a court in England, Wales or Northern Ireland under section 4 of the 1920 Act; and
b
is in force immediately before the commencement date.
7
Where this paragraph applies, a relevant maintenance order as referred to under paragraph (1) shall be registered under section 7(5) of the 1972 Act in the same manner as if it had been confirmed by that court in England, Wales or Northern Ireland under subsection (2) of that section.
8
Any proceedings brought under or by virtue of any provision of the 1920 Act in a court in England, Wales or Northern Ireland which are pending immediately before the commencement date, being proceedings affecting a person resident in Jersey, shall be continued as if they had been brought under or by virtue of the corresponding provision of the 1972 Act.
Judith Simpson
Clerk of the Privy Council


text:
Title and Commencement
1
The Title of this Order is the North East Wales National Health Service Trust (Dissolution) Order 2008 and it comes into force on 1 July 2008.
Dissolution of NHS Trust
2
The North East Wales National Health Service Trust established by the North East Wales National Health Service Trust (Establishment) Order 1998 is hereby dissolved, and accordingly that Order is hereby revoked.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
30 June 2008


text:
1
This Order may be cited as the Rodbaston College, Cannock Chase Technical College and Tamworth and Lichfield College (Dissolution) Order 2008 and comes into force on 1st January 2009.
2
On 1st January 2009 each of the corporations are dissolved and all of their property, rights and liabilities are transferred to the South Staffordshire College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by any of the corporations immediately before 1st January 2009 as if the references in that section–
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st January 2009;
c
to the transferor were to the corporation in question; and
d
to the corporation were to the South Staffordshire College.
Siôn Simon
Parliamentary Under Secretary of State
Department for Innovation, Universities and Skills
16th November 2008


text:
Citation and commencement
1
These Regulations may be cited as the Value Added Tax (Amendment) Regulations 2008 and come into force on 1st April 2008.
Amendment of the Value Added Tax Regulations 1995
2
1
The Value Added Tax Regulations 1995 are amended as follows.
2
After Part 4A (Reverse Charge Sales Statements) insert —
PART 4B PROVISION OF INFORMATION RELATING TO ARRIVALS AND DISPATCHES
Interpretation of Part 4B
23E
1
In this Part —
“ establishing Regulation ” means the Council and European Parliament Regulation (EC) No. 638/2004 ;
“ implementing Regulation ” means the Commission Regulation (EC) No. 1982/2004 ;
“ statistics Regulations ” means the Statistics of Trade (Customs and Excise) Regulations 1992 ;
2
In this Part —
“arrivals and dispatches” means those arrivals and dispatches for which a responsible party is required to provide information under the establishing Regulation, implementing Regulation and the statistics Regulations;
“for Intrastat purposes” means for any purpose under the establishing Regulation, implementing Regulation or the statistics Regulations;
“reference period” means the period applicable under Article 6(1) of the establishing Regulation or such other period directed by the Commissioners pursuant to regulation 4(3) of the statistics Regulations;
“responsible party” means a taxable person who is required by Article 7 of the establishing Regulation and regulation 3 of the statistics Regulations to provide information in relation to arrivals and dispatches;
“supplementary declaration” means the relevant form set out in the Schedule to the statistics Regulations;
“delivery terms”, “nature of the transaction”, “partner Member State”, “quantity of the goods” and “value of the goods” shall have the same meaning as in the establishing Regulation and implementing Regulation.
23F
1
A responsible party shall provide the information in paragraph (2) relating to arrivals and dispatches to the Commissioners.
2
The information is —
a
the registration number of the responsible party,
b
the reference period,
c
whether the information relates to arrival or dispatch,
d
the commodity, identified by the eight digit code of the Combined Nomenclature as defined in Council Regulation ( EEC ) No.2658/87 of 23 July 1987 as amended on the tariff and statistical nomenclature and the Common Customs Tariff,
e
the partner Member State,
f
the value of the goods,
g
the quantity of the goods,
h
the nature of the transaction.
3
A responsible party to whom regulation 4(2) of the statistics Regulations applies shall also provide the delivery terms relating to arrivals and dispatches to the Commissioners.
4
The information required by paragraphs (2) and (3) shall be provided in the supplementary declaration in which, and for the same reference period as, information is provided relating to those arrivals and dispatches for Intrastat purposes.
.
Dave Hartnett
Mike Hanson
Two of Commissioners for Her Majesty’s Revenue and Customs
5th March 2008


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Concessionary Bus Travel (Permits) (England) (Amendment) Regulations 2008 and shall come into force on 1st September 2008.
Amendment
2
1
Regulation 2(11) of the Concessionary Bus Travel (Permits) (England) Regulations 2008 shall be amended as follows.
2
For the words from “version 2.1.2” to the end there shall be substituted “version 2.1.3 ( ISBN 978-0-9548042-3-7) published by ITSO Limited on 21st April 2008 or any earlier version of such device which is compatible with that specified in ITSO version 2.1.3.”.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
Department for Transport
30th July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Pay As You Earn) (Amendment) Regulations 2008 and shall come into force on 6th April 2008.
Amendment of Income Tax (Pay As You Earn) Regulations 2003
2
The Income Tax (Pay As You Earn) Regulations 2003 are amended as follows.
3
In regulation 2(1) (interpretation) —
a
insert the following definitions in the appropriate places —
“combined amount” means an amount which includes tax due under these regulations and one or more of the following —
earnings-related contributions due under the SSC Regulations ;
amounts due under the Income Tax (Construction Industry Scheme) Regulations 2005 ;
payments of repayments of student loans due under the Student Loan Regulations;
;
“ ITA ” means the Income Tax Act 2007 ;
;
“ Student Loan Regulations ” means the Education (Student Loans) (Repayment) Regulations 2000 or, in Northern Ireland, the Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2000 ;
;
b
omit the definition of “starting rate”.
4
In regulation 7 (meaning of “code” etc ) —
a
substitute for sub-paragraphs (d) and (e) of paragraph (3) —
d
the emergency code, which, after allowing for the personal allowance, effects deductions of tax at either or both of the basic rate and the higher rate, so that during the tax year the amounts subject to deductions at the rate or rates concerned are in accordance with section 10 of ITA (income charged at basic and higher rates: individuals);
e
the emergency IB codes which, after allowing for the personal allowance and the blind person’s allowance, effect deductions at the basic rate, so that during the tax year the amounts subject to deductions at that rate are in accordance with section 10 of ITA.
;
b
insert after paragraph (3) —
4
In paragraph (3) —
“blind person’s allowance” means an allowance claimed under either section 265 of ICTA (blind person’s allowance) or section 38 of ITA (blind person’s allowance);
“personal allowance” means an allowance claimed under either section 257(1) of ICTA (personal allowance) or section 35 of ITA (personal allowances for those aged under 65).
.
5
In paragraph (4) of regulation 70 (quarterly tax periods), omit the definitions of “SSC Regulations” and “Student Loan Regulations”.
6
In paragraph (1) of regulation 72D (appeals: supplementary provisions), for “72C and 81A” substitute “72C, 72G and 81A”.
7
Insert after regulation 72D —
Conditions where regulation 72F applies
72E
1
Regulation 72F applies where —
a
an employee has received a relevant payment;
b
it appears to HMRC that an amount intended to represent tax on the payment —
i
has been self-assessed, or
ii
has not been self-assessed, but has been paid under section 59A TMA (payments on account of income tax), section 559A of ICTA (treatment of sums deducted under s.559 (sub-contractors)) or section 62 of the Finance Act 2004 (treatment of sums deducted (sub-contractors));
c
any of conditions A, B and C is met;
d
a trigger event has occurred; and
e
a trigger event did not occur before 6th April 2008.
2
Condition A is that it appears to HMRC that the amount which the employer was liable to deduct —
a
from the relevant payment; or
b
in the case of a notional payment, from other relevant payments,
exceeds the amount actually deducted.
3
Condition B is that it appears to HMRC that the amount for which the employer was required to account under regulation 62(5) (notional payments) in respect of the relevant payment exceeds the amount actually accounted for.
4
Condition C is that —
a
tax on the relevant payment was included in a determination under regulation 80 (determination of unpaid tax and appeal against determination); and
b
the full amount of the determination is not paid within 30 days from the date on which the determination became final and conclusive.
5
The following are trigger events —
a
HMRC serve notice of a determination under regulation 80 that includes tax on the relevant payment;
b
HMRC receive a return under section 8 of TMA (personal return) which includes a self-assessment which includes tax on the relevant payment as tax treated as deducted;
c
HMRC receive —
i
an amended return under section 9ZA of TMA (amendment of personal or trustee return by taxpayer), or
ii
a claim under section 33 of TMA (error or mistake),
which includes tax on the relevant payment as tax treated as deducted;
d
HMRC receive a letter of offer.
6
In paragraph (5) —
“letter of offer” means an offer in writing by the employer to agree an amount in settlement of the employer’s liability to pay an amount that includes tax on the relevant payment;
“tax treated as deducted” has the meaning given by regulation 185(6).
7
For the purposes of this regulation tax is self-assessed if —
a
it is included in a return under section 8 of TMA which includes a self-assessment; and
b
ignoring any relevant credit, the tax is or would be assessed as payable by way of income tax.
8
In paragraph (7), “relevant credit” means —
a
a payment made under section 59A of TMA (payments on account of income tax) or 59B (payment of income tax and capital gains tax); or
b
tax deducted at source or tax treated as deducted (within the meaning given by regulation 185(6)).
Recovery from employee of tax that has been self-assessed etc.
72F
1
Where this regulation applies, HMRC may direct that the employer is not liable to pay an amount of tax to them.
2
The direction may be in respect of one or more amounts that appear to HMRC to fall within regulation 72E(1)(b)(i) and (ii).
3
A direction must be made by notice to both the employer and the employee, stating —
a
the date the notice was issued;
b
the amount (or amounts) within regulation 72E(1)(b) to which it relates; and
c
which of conditions A, B and C in regulation 72E have been met.
4
A direction may be combined with one or more other directions relating to the same employer and may be made by issuing one notice to the employer, but each employee must be issued with a separate notice.
5
A notice need not be issued to the employee if neither HMRC nor the employer are aware of the employee’s address or last known address.
6
The amount specified in a notice to the employee must not be added under regulation 185(5) or 188(3)(a) (adjustments to total net tax deducted for self-assessments and other assessments) in relation to the employee.
Employee’s appeal against a direction notice
72G
1
An employee may appeal against a direction notice under regulation 72F —
a
by notice to HMRC,
b
within 30 days of the issue of the direction notice,
c
specifying the grounds of the appeal.
2
For the purposes of paragraph (1) the grounds of appeal are that —
a
the employee did not receive a relevant payment;
b
the amount specified in the notice is incorrect, because all or part of it did not fall within regulation 72E(1)(b)(i) or (ii);
c
no trigger event within regulation 72E(5) occurred; or
d
a trigger event within regulation 72E(5) occurred before 6th April 2008.
3
On an appeal under paragraph (1) the Commissioners may —
a
if it appears to them that the direction should not have been made, set aside the direction; or
b
if it appears to them that the amount specified in the notice is incorrect, increase or reduce the amount accordingly.
.
8
1
Regulation 78 (notice and certificate if tax may be unpaid) is amended as follows.
2
In paragraph (2)(b), for “the Inland Revenue” substitute “HMRC”.
3
In paragraph (3)(b), for “the Inland Revenue” substitute “HMRC”.
4
In paragraph (4) —
a
for “The Inland Revenue” substitute “HMRC”;
b
after the words “on consideration of the employer’s record of past payments” insert “whether of tax or of combined amounts”; and
c
in sub-paragraph (a) after the words “the amount of tax” insert “or a combined amount”.
5
In paragraph (6) —
a
in sub-paragraph (a) —
i
after the words “the tax period specified in the notice is” insert “or includes”, and
ii
after the words “ the full amount” insert “of tax”, and
b
for each iteration of “the Inland Revenue” substitute “HMRC”.
6
In paragraph (7), for “the Inland Revenue” substitute “HMRC”.
7
In paragraph (8) —
a
in the first line omit the words “of tax”;
b
in sub-paragraph (a) after the words “an amount of tax” insert “or as including an amount of tax”; and
c
in sub-paragraph (b) —
i
for “the Inland Revenue” substitute “HMRC”, and
ii
for the word “tax” substitute “amount”.
8
In paragraph (9)(b), for “the Inland Revenue” substitute “HMRC”.
9
In paragraph (10) —
a
after the words “employer pays an amount” insert “of tax, whether separately or as part of a combined amount, which is”; and
b
after the words “certified under this regulation” insert “and”.
10
In paragraph (11), after the words “set off the excess” insert “tax”.
9
In regulation 80 (determination of unpaid tax and appeal against determination) —
a
in paragraph (1), for each iteration of “the Inland Revenue” substitute “HMRC”;
b
in paragraph (2), for “The Inland Revenue” substitute “HMRC”; and
c
insert after paragraph (3) —
3A
A determination under this regulation must not include tax in respect of which a direction under regulation 72F has been made.
.
10
In regulation 82 (interest on tax overdue) —
a
in paragraph (1), for “the Inland Revenue” substitute “HMRC”; and
b
in paragraph (4), for “regulation 72(5)” substitute “regulation 72(5), 72F”.
11
1
Regulation 84 (recovery of tax and interest) is amended as follows.
2
In paragraph (2), after the words “the recovery of the unpaid amount” insert “or combined amount and any interest on it”.
3
In paragraph (3), in paragraph (a) in column 2 of the second item in Table 4 (period relating to regulations 77(6), 78(8) and 82(2)) after the words “the date on which the unpaid amount” insert “or combined amount and any interest on it”.
4
In paragraph (4), after the words “the unpaid amount” insert “or combined amount and any interest on it”.
5
In paragraph (5), after the words “The unpaid amount” insert “or combined amount and any interest on it”.
12
In paragraph (2) of regulation 108 (calculation of tax payable under PSA) —
a
substitute for sub-paragraph (d) —
d
the number of those employees respectively chargeable to income tax —
i
at only the basic rate for the tax year to which the PSA relates, and
ii
at both the basic rate and the higher rate for that tax year;
; and
b
in sub-paragraph (e) for “the Inland Revenue” substitute “HMRC”.
13
In paragraph (1) of regulation 133D (social security pension lump sums: notification by recipient of notice of tax rate), omit sub-paragraph (a).
14
In the definition of “direction tax” in paragraph (6) of regulation 185 (adjusting total net tax deducted for purposes of sections 59A(1) and 59B(1) TMA), for “regulation 72(5)” substitute “regulation 72(5), regulation 72F”.
15
In regulation 188 (assessments other than self-assessments) —
a
in paragraph (3)(c)(i), for “the Inland Revenue” substitute “HMRC”;
b
in paragraph (6), for “the Inland Revenue” substitute “HMRC”; and
c
in the definition of “direction” in paragraph (7), for “regulation 72(5)” substitute “regulation 72(5), regulation 72F”.
16
1
Regulation 218 (certificate that sum due) is amended as follows.
2
In paragraph (1), for “the Inland Revenue” substitute “HMRC”.
3
After paragraph (2) insert —
2A
HMRC may prepare a certificate showing the whole or any part of a combined amount which includes tax without specifying the components of the combined amount.
Paragraph (1) shall apply with any necessary modifications to the certificate.
.
4
In paragraph (3), for “the Inland Revenue” substitute “HMRC”.
5
After paragraph (4) insert —
4A
HMRC may prepare a certificate showing the total amount of interest payable in respect of the whole or any part of the combined amount without specifying which components of the combined amount the interest relates to.
Paragraph (3) shall apply with any necessary modifications to the certificate.
.
6
In paragraph (5), for each iteration of “the Inland Revenue” substitute “HMRC”.
7
In paragraph (6), for the words “paragraph (1) or (3)” substitute “this regulation”.
17
In paragraph 21(3) of Schedule 1 (interest on tax overdue: application of regulation 82 to tax years from 1992-93 to 2003-04), for “regulation 72(5)” substitute “regulation 72(5), 72F”.
Dave Hartnett
Mike Hanson
Two of the Commissioners for Her Majesty’s Revenue and Customs
20th March 2008


text:
Title and commencement
1
This Order is called the Welsh Language Schemes (Public Bodies) Order 2008 and comes into force on 11 August 2008.
Specification of Public Bodies
2
The persons referred to in the Schedule to this Order are specified for the purposes of Part II of the Welsh Language Act 1993.
Rhodri Glyn Thomas
Minister for Heritage, one of the Welsh Ministers
16 July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Amendment of section 323) Regulations 2008 and come into force on 30th June 2008.
Amendment to section 323
2
In section 323 of the Financial Services and Markets Act 2000 (transfer schemes), for the words from “members” (where it first occurs) to the end substitute —
underwriting members of the Society or by one or more persons who have ceased to be such a member (whether before, on or after 24th December 1996)
.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th June 2008


text:
1
This Order may be cited as the Local Loans (Increase of Limit) Order 2008, and shall come into force on the day after the day on which it is made.
2
For the purposes of the aggregate limit in section 4(1) of the National Loans Act 1968, the Treasury specify the sum of £70,000 million.
Frank Roy
Tony Cunningham
Two of the Lords Commissioners
of Her Majesty’s Treasury
19th November 2008


text:
Citation and Commencement
1
These Rules may be cited as the Trade Marks (Amendment) Rules 2008 and shall come into force on 1st October 2008.
Amendment of the Trade Marks Rules 2008
2
In Rule 40, paragraph (1) of the Trade Marks Rules 2008 delete “applicant” and substitute “proprietor”.
Baroness Delyth Morgan of Drefelin
Parliamentary Under Secretary of State for Intellectual Property and Quality
Department for Innovation, Universities and Skills
28th August 2008


text:
Citation and Commencement
1
1
This Order may be cited as the European Communities (Definition of Treaties) (Agreement on Enlargement of the European Economic Area) Order 2008.
2
This Order shall come into force on the date on which the treaty specified in the Schedule enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
Specification as Community Treaty
2
The Treaty specified in the Schedule is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Charities Act 1993 (Exception from Registration) Regulations 2008 and come into force on 31st January 2009.
Exception from registration: educational institutions and places of worship
2
1
A charity to which this regulation applies is, subject to the financial limit specified in section 3A(2)(c) of the Charities Act 1993, excepted from the duty to be registered under section 3A(1) of that Act.
2
This regulation applies to any charity which is —
a
a body to which section 23(1)(a) or (b) of the School Standards and Framework Act 1998 applies;
b
an Education Action Forum established by virtue of section 10(1) of that Act ;
c
an institution to which section 23(2) of that Act applies;
d
a foundation to which section 23(3) of that Act applies; or
e
a registered place of worship.
3
In this regulation, “registered place of worship” means a place of meeting for religious worship to which section 9(1) of the Places of Worship Registration Act 1855 applies.
Kevin Brennan
Parliamentary Secretary
Cabinet Office
19th December 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Local Government and Public Involvement in Health Act 2007 (Commencement No.5 and Transitional, Saving and Transitory Provision) Order 2008.
2
In this Order —
“ the Act ” means the Local Government and Public Involvement in Health Act 2007;
“the 1974 Act ” means the Local Government Act 1974 ;
“ Commission ” means the Commission for Local Administration in England established under section 23(1) of the 1974 Act ;
“Local Commissioner” has the meaning given in section 23(3) of the 1974 Act ;
“ President ” means President of the Valuation Tribunal for England; and
“ Vice-President ” means Vice-President of the Valuation Tribunal for England.
Provisions coming into force on 1st April 2008
2
1
The following provisions of the Act shall come into force on 1st April 2008 —
a
section 136 (parish councils and community councils etc not to be best value authorities) and Schedule 7 (amendments consequential on removing parish councils etc from best value duties);
b
section 137 (guidance about general best value duty) in relation to England and police authorities in Wales;
c
section 139 (abolition of performance indicators etc except for Welsh authorities);
d
section 140 (abolition of best value performance reviews) in so far as it applies in relation to England;
e
section 144 (best value: minor and consequential amendments) and Schedule 8 (best value: minor and consequential amendments);
f
section 168 (appointment and removal of Commissioners) in so far as it relates to appointments of Local Commissioners made on or after 1st April 2008;
g
section 169 (responsibilities of Commissioners);
h
section 170 (annual reports) in relation to any report submitted on or after 1st April 2008;
i
sections 171 to 176 (which relate to investigations and reports by Local Commissioners) in relation to matters coming to the attention of the Commission on or after 1st April 2008;
j
section 177 (publication of reports etc by Commissioners);
k
section 178 (making complaints etc electronically);
l
section 179 (disqualifications);
m
section 181 (delegation) in relation to matters coming to the attention of the Commission on or after 1st April 2008;
n
section 182 and Schedule 12 (minor and consequential amendments);
o
sections 205 to 209 (joint waste authorities in England);
p
Schedule 13 (consequential amendments relating to joint waste authorities);
q
section 211 (interpretation of Part 11);
r
section 219(1) (establishment of the Tribunal) in so far as it relates to the provisions specified in sub-paragraph (w) and paragraph (2) below;
s
section 220(1) (consequential and transitional provision etc. ) in so far as it relates to the provisions specified in sub-paragraphs (x) to (dd) below;
t
section 220(2) to (4);
u
section 239 (contracting out);
v
section 241 (repeals), in so far as it relates to —
i
the provisions specified in Part 8 of Schedule 18 other than the entry relating to section 29(3) of the Local Government Act 1999 ; and
ii
the provisions specified in Part 14 of Schedule 18.
w
paragraphs 1 and 2 of Schedule 15 (the Valuation Tribunal for England) in so far as they relate to the provisions specified in paragraph (2) below;
x
paragraph 1 of Schedule 16 (House of Commons Disqualification Act 1975 );
y
paragraph 10 of that Schedule (Local Government Act 2003 ) in so far as it relates to the provisions specified in sub-paragraphs (z) to (cc) below;
z
paragraph 11(1) of that Schedule in so far as it relates to the provision specified in sub-paragraph (aa) below;
aa
paragraph 11(2)(e) of that Schedule to the Act;
bb
paragraph 13(1) of that Schedule in so far as it relates to the provisions specified in sub-paragraph (cc) below;
cc
paragraph 13(2)(a) and (3) of that Schedule; and
dd
paragraphs 14 to 16 of that Schedule (Constitutional Reform Act 2005 ) in so far as they relate to the office of President or the office of Vice-President.
2
The provisions referred to in paragraph (1)(r) and (w) are all the provisions of Part 1 of Schedule 11 to the Local Government Act 1988 with the exception of —
a
paragraph A2 (transfer of the jurisdiction of the existing English tribunals),
b
paragraph A3 (arbitration), and
c
paragraph A18 (member of the Tribunal unable to act in an appeal).
Provisions coming into force on 1st April 2009
3
The following provisions of the Act shall come into force on 1st April 2009 —
a
section 138 (involvement of local representatives);
b
section 180 (expenses of the Commission).
Partial commencement of section 76
4
Section 76 of the Act (appointed councillors) shall come into force on 1st April 2008 in so far as it confers powers to make regulations under section 16A of the Local Government Act 1972 .
Partial commencement of section 77
5
Section 77 of the Act (extension of power to certain parish councils) shall come into force on 1st April 2008 in so far as it confers powers to make an order under section 1(2) of the Local Government Act 2000 .
Transitional and savings provisions
6
1
Notwithstanding the coming into force of section 139 of the Act, best value authorities in England shall, in accordance with section 6 of the Local Government Act 1999, prepare and publish a best value performance plan for the financial year ending 31st March 2008 comprising —
a
details of the authority’s performance during the period 1st April 2007 to 31st March 2008 according to the Best Value Performance Indicators that applied to the authority during that period, in accordance with the requirement in Annex A to the guidance on best value performance plans issued by the Office of the Deputy Prime Minister on 11th April 2006 (“ ODPM Circular 05/2006”); and
b
a statement and certification that all individual contracts awarded during the period 1st April 2007 to 31st March 2008 which involve a transfer of staff comply, where applicable, with the requirements in the Code of Practice on Workforce Matters in Local Authority Service Contracts, in accordance with the requirement in Annex A to ODPM Circular 05/2006.
2
The reference in paragraph (1) to the Code of Practice on Workforce Matters in Local Authority Service Contracts is a reference to —
a
Annex D of ODPM Circular 03/2003 issued by the Office of the Deputy Prime Minister on 13th March 2003 in respect of the following authorities in England: county councils, district councils, London borough councils, the Council of the Isles of Scilly, and the Common Council of the City of London in its capacity as a local authority;
b
Annex C of ODPM Circular 07/2003 issued by the Office of the Deputy Prime Minister on 30th September 2003 in respect of the Greater London Authority, the London Development Agency and Transport for London;
c
Annex C of ODPM Circular 10/2003 issued jointly by the Office of the Deputy Prime Minister and the Department for Environment, Food and Rural Affairs on 31st October 2003 in respect of National Park authorities and the Broads Authority;
d
Annex B of ODPM Circular 01/2004 issued jointly by the Office of the Deputy Prime Minister and the Department for Transport on 26th January 2004 in respect of metropolitan county passenger transport authorities;
e
Annex E of ODPM Circular 09/2004 issued by the Office of the Deputy Prime Minister on 20th December 2004 in respect of fire and rescue authorities constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies, metropolitan county fire and civil defence authorities or the London Fire and Emergency Fire Authority.
3
Until 31st March 2010 section 4 of the Local Government Act 1999 shall continue to apply in relation to police authorities in England and Wales as if the amendments given effect by section 139 of the Act had not been made.
4
Section 23 of the 1974 Act shall continue to apply in relation to any Local Commissioners appointed before 1st April 2008 as if the amendments given effect by section 168 of the Act had not been made.
5
The following provisions of the 1974 Act shall continue to apply in relation to complaints received by the Commission before 1st April 2008 as if the amendments given effect by sections 171 to 176, 181 and 182 of, and Schedule 12 to, the Act had not been made —
a
section 25;
b
section 26;
c
section 27;
d
section 30;
e
section 31;
f
Schedule 4;
g
Schedule 5.
6
Notwithstanding the coming into force of section 239 of the Act, the Transport for London (Best Value) (Contracting Out of Investment and Highway Functions) Order 2006 shall continue to apply as if section 239(5) of the Act had not been commenced.
Transitory provisions (modifications to the Local Government Act 2003)
7
1
Until paragraphs 10 to 13 of Schedule 16 (Local Government Act 2003) to the Act have been commenced in full, the Local Government Act 2003 is modified as follows.
2
In section 105(2) (the Valuation Tribunal Service) after “valuation tribunals in England” insert “and the Valuation Tribunal for England”.
3
In paragraph 1 of Schedule 4 (membership, chairman and deputy chairman) for sub-paragraph (3)(a) substitute —
a
a majority are persons occupying the following positions or offices —
i
the position of president or chairman of a valuation tribunal,
ii
the office of President or Vice-President of the Tribunal, and
.
4
In paragraph 4 of Schedule 4 (cessation of membership) after sub-paragraph (1)(b) insert —
ba
he ceases to be President of the Tribunal (whether or not he was appointed to the Service by virtue of being President),
bb
having been a Vice-President of the Tribunal at the time of his appointment, he ceases to hold that office without being appointed to the office of President of the Tribunal, or
.
5
In paragraph 27 of Schedule 4 (interpretation) after the definition of “financial year” insert —
“Tribunal” means the Valuation Tribunal for England.
.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
27th March 2008


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2008 and shall come into force on 7th April 2008.
Amendment of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985
2
1
Part I of Schedule 1 to the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (list of prescribed diseases and the occupations for which they are prescribed), is amended as follows.
2
After the entry relating to prescribed disease D12 add the following entry —
D13. Primary carcinoma of the nasopharynx. Exposure to wood dust in the course of the processing of wood or the manufacture or repair of wood products, for a period or periods which amount in aggregate to at least 10
years.
.
Signed by authority of the Secretary of State for Work and Pensions.
William D McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
7th January 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Directions by Strategic Health Authorities to Primary Care Trusts Regarding Arrangements for Involvement) Regulations 2008.
2
These Regulations shall come into force on 3 November 2008.
3
In these Regulations —
“ the Act ” means the National Health Service Act 2006;
“relevant matter” has the meaning given in regulation 2(1)(a);
“relevant persons” has the meaning given in regulation 2(1)(b);
“relevant Strategic Health Authority”, in relation to a Primary Care Trust, means a Strategic Health Authority any part of whose area falls within the Primary Care Trust’s area.
Directions in cases where a Strategic Health Authority arranges involvement
2
1
This regulation applies if —
a
a Primary Care Trust has made or is to make arrangements under section 242(1B) of the Act which secure that users of health services are involved in a particular matter (the “relevant matter”); and
b
the users of health services who would otherwise be involved in the relevant matter under those arrangements (the “relevant persons”) are to be involved in that matter under arrangements made or to be made by a relevant Strategic Health Authority.
2
Subject to paragraph (3), where this regulation applies, the Strategic Health Authority may direct the Primary Care Trust that persons who would otherwise be involved in the relevant matter under arrangements made or to be made by that Trust under section 242(1B) of the Act are not to be involved in that matter under those arrangements.
3
A Strategic Health Authority may give a direction under paragraph (2) only if the arrangements made or to be made by that Authority —
a
are, in the opinion of that Authority, more appropriate for securing the efficient and effective involvement of the relevant persons in the relevant matter than any arrangements made or to be made under section 242(1B) of the Act by the Primary Care Trust; and
b
would, if made by the Primary Care Trust, satisfy the duty on that Trust under section 242(1B) of the Act in relation to the involvement of the relevant persons in the relevant matter.
4
A direction given under paragraph (2) must —
a
be given in writing; and
b
specify the relevant matter to which the direction relates.
5
A direction under paragraph (2) may be given where the involvement of the relevant persons in the relevant matter under arrangements made by the Primary Care Trust has already begun.
6
Where a direction is given in the circumstances specified in paragraph (5), the direction may specify —
a
the aspects, if any, of involvement under those arrangements the Primary Care Trust is to complete;
b
the arrangements to be made for ending involvement under those arrangements;
c
that the relevant persons are to be notified about the effect of the direction.
Consequences of issuing a direction
3
If a Strategic Health Authority gives a direction to a Primary Care Trust in accordance with regulation 2(2), that Trust is not to be taken to have failed to comply with its duty under section 242(1B) of the Act in relation to the relevant matter by reason of compliance with the direction.
Acting jointly
4
If a Strategic Health Authority gives a direction to a Primary Care Trust in accordance with regulation 2(2), it may also direct that Trust to act jointly with that Authority in carrying out involvement of the relevant persons in the relevant matter.
Information
5
1
Where a Strategic Health Authority has given a direction to a Primary Care Trust in accordance with regulation 2(2) —
a
the Trust must provide the required information to the Authority; and
b
the Authority must provide the required information to the Trust.
2
For the purpose of paragraph (1)(a) the required information is any information that —
a
is requested by the Authority from the Trust; and
b
the Authority reasonably requires —
i
to make arrangements for the involvement of the relevant persons in the relevant matter; or
ii
for the involvement of the relevant persons in the relevant matter under arrangements made or to be made by the Authority.
3
For the purpose of paragraph (1)(b) the required information is any information that —
a
is requested by the Trust from the Authority;
b
is relevant to the functions of the Trust; and
c
is —
i
obtained by the Authority as a result of the arrangements made or to be made by that Authority for the involvement of the relevant persons in the relevant matter; or
ii
held by the Authority and relates to the arrangements made or to be made by that Authority for the involvement of the relevant persons in the relevant matter.
Amendment of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements)(England) Regulations 2002
6
1
Regulation 6 of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 (limitations and restrictions on the exercise of functions relevant to both Strategic Health Authorities and Primary Care Trusts) is amended as follows.
2
In paragraph (3) for “The” substitute “Subject to paragraph (3A), the”.
3
After paragraph (3) insert —
3A
A Strategic Health Authority may exercise the power under section 2 of the Act (Secretary of State’s general power as to services) to make arrangements, as respects health services for which a relevant Primary Care Trust is responsible, which secure that users of those services, whether directly or through representatives, are involved (whether by being consulted or provided with information, or in other ways) in matters relating to the provision of those services.
3B
In paragraph (3A) and this paragraph —
a
“health services” means services provided under the Act;
b
“health service users” means persons to whom health services are being or may be provided; and
c
“relevant Primary Care Trust”, in relation to a Strategic Health Authority, means a Primary Care Trust any part of whose area falls within the area of that Strategic Health Authority.
Signed by the authority of the Secretary of State for Health
Ann Keen
Parliamentary Under Secretary of State,
Department for Health
14th September 2008


text:
Citation and commencement
1
These Regulations may be cited as the Childcare (Disqualification) (Amendment) Regulations 2008, and come into force on 1st September 2008.
Amendments to the Childcare (Disqualification) Regulations 2007
2
The Childcare (Disqualification) Regulations 2007 are amended as follows.
3
After regulation 6 insert —
Persons barred from regulated activity relating to children
6A
A person who is barred from regulated activity relating to children (within the meaning of section 3(2)(a) of the Safeguarding Vulnerable Groups Act 2006) is disqualified from registration.
4
In regulation 8 (waivers) —
a
for paragraph (1) substitute —
1
Subject to paragraph (3), where a person would be disqualified from registration by virtue of regulation 3, 4, 6(1) and (3) or 7 but that person has disclosed to the Chief Inspector the facts which would otherwise cause that person to be disqualified, the Chief Inspector may give consent to waive the disqualification for any or all of the following purposes —
a
the provision of early years or later years provision to which section 76 of the Act applies;
b
direct concern in the management of early years or later years provision to which section 76 of the Act applies;
c
employment in connection with the provision of early years or later years provision to which section 76 of the Act applies.
;
b
after paragraph (1) insert —
1A
Where the Chief Inspector gives consent under paragraph (1), the person concerned shall not, in respect of the facts disclosed, be regarded as disqualified from registration for the purposes specified in the Chief Inspector’s consent.
.
5
In regulation 10 (duty of disclosure), in paragraph (1), after “Chapter” insert “2, 3 or”.
6
In Schedule 1 (orders etc. relating to the care of children) —
a
in paragraph 4, after “(an Act of Tynwald)” insert “(care order)”;
b
in paragraph 15(f), for “Schedule 2” substitute “Schedule 6”.
7
In Schedule 3 (specified offences) for paragraph 4 substitute —
4
An offence specified in Schedule 4 to the Children (Jersey) Law 2002.
.
Beverley Hughes
Minister of State
Department for Children, Schools and Families
2nd July 2008


text:
Citation and commencement
1
This Order may be cited as the Civil Contingencies Act 2004 (Amendment of List of Responders) Order 2008 and shall come into force on 1st April 2009.
Amendment of Schedule 1 to the Civil Contingencies Act 2004
2
In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (Category 1 responders: general), for paragraph 6 substitute —
6
An NHS foundation trust within the meaning of section 30 of the National Health Service Act 2006 if, and in so far as, it has the function of providing —
a
ambulance services, or
b
hospital accommodation and services in relation to accidents and emergencies.
.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
20th November 2008


text:
PART 1 General
Citation, commencement and application
1
1
These Regulations may be cited as the General Ophthalmic Services Contracts Regulations 2008 and shall come into force on 1st August 2008.
2
These Regulations apply in relation to England.
Interpretation
2
1
In these Regulations —
“the 1977 Act ” means the National Health Service Act 1977;
“ the Act ” means National Health Service Act 2006;
“additional services” means the primary ophthalmic services prescribed under section 115(1)(b) (primary ophthalmic services), which are provided to an eligible person, other than a prisoner;
“adjudicator” means the Secretary of State or a person appointed by the Secretary of State under section 9(8) ( NHS contracts) or paragraph 30(4) of Schedule 1 (NHS dispute resolution procedure);
“ Charges Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 ;
“charity trustee” means one of the persons having the general control and management of the administration of a charity;
“child” means a person who has not attained the age of 16 years;
“contract” means, except where the context otherwise requires, a general ophthalmic services contract under section 117 (general ophthalmic services contracts: introductory);
“contract disqualification order” means an order of the FHSAA , under regulation 6, that a person be disqualified from entering into a contract;
“day centre” means an establishment in the locality of the PCT attended by eligible persons, who would have difficulty in obtaining sight testing services from practice premises because of physical or mental illness or disability or because of difficulties in communicating their health needs unaided;
“eligible person” means a person, who is entitled, by virtue of the POS Regulations , to receive mandatory services or additional services;
“employment” means any employment whether paid or unpaid and whether under a contract for services or a contract of service and “employ” and “employed” shall be construed accordingly;
“family member” means —
a spouse;
a civil partner;
a person whose relationship with the patient has the characteristics of the relationship between husband and wife or civil partners;
a parent or step-parent;
a son;
a daughter;
a child of whom the person is —
the guardian; or
the carer duly authorised by the local authority to whose care the child has been committed under the Children Act 1989 ; or
a grandparent;
“FHSAA” means the Family Health Services Appeal Authority constituted under section 169 (the Family Health Services Appeal Authority);
“health service body” has, unless the context otherwise requires, the meaning given to it in section 9(4) (NHS contracts);
“licensing body” means any body that licences or regulates any profession;
“ MHRA ” means the Medicines and Healthcare products Regulatory Agency ;
“mandatory services” means the primary ophthalmic services mentioned in section 115(1)(a) (sight-testing services) provided to an eligible person, except when those services are provided other than at the contractor’s practice premises;
“mobile services” means the sight testing service provided by a contractor to patients —
attending at a day centre;
residing at a residential centre; or
at their home, where the patient is unable to leave it unaccompanied because of physical or mental illness or disability;
where the contractor has entered into a contract with a PCT to provide additional services in the PCT’s locality;
“national disqualification” means —
a decision made by the FHSAA under section 159 or under regulations corresponding to that section made under sections 91(3), 106(3), 123(3) or 146(3) (national disqualifications);
a decision under provisions in force in Scotland or Northern Ireland corresponding to section 159; or
a decision by the Tribunal, constituted under section 46 of the 1977 Act for England and Wales (which, except for prescribed cases, had effect, in relation to England, only until 14th December 2001 and, in relation to Wales, only until 26th August 2002), which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002 ;
“NHS contract” has the meaning assigned to it in section 9(1);
“NHS dispute resolution procedure” means the procedure for disputes specified in paragraphs 30 and 31 of Schedule 1;
“notice” means a notice in writing (including electronically) and “notify” and “notification” shall be construed accordingly;
“ophthalmic performers list” means a list of ophthalmic practitioners prepared in accordance with regulation 3(1)(c) of the National Health Service (Performers Lists) Regulations 2004
“ophthalmic practitioner” means either —
a registered optometrist, who is not a corporate body; or
a registered medical practitioner,
who is included in an ophthalmic performers list;
“ Opticians Act ” means the Opticians Act 1989 ;
“PCT” means the Primary Care Trust which is a party, or prospective party, to the contract;
“parent”, in relation to any child, means a parent or other person who has parental responsibility for that child;
“patient” means an eligible person to whom the contractor is providing or proposes to provide services under the contract;
“the POS Regulations” means the Primary Ophthalmic Services Regulations 2008 ;
“practice” means the business operated by the contractor for the purpose of delivering services under the contract;
“practice premises” means an address specified in the contract as one at which mandatory services are to be provided under the contract;
“primary care list” means —
a list of persons performing primary medical, dental or ophthalmic services under sections 91 (persons performing primary medical services), 106 (persons performing primary dental services), or 123 (persons performing primary ophthalmic services);
a list of persons undertaking to provide pharmaceutical services prepared in accordance with regulations made under sections 126 to 131 (provision of pharmaceutical services);
a list of persons approved for the purposes of assisting in the provision of pharmaceutical services prepared in accordance with regulations made under section 149 (supplementary lists);
a list of persons who undertook to provide general medical services, general dental services or general ophthalmic services prepared in accordance with regulations made under sections 29A (medical lists), 36 (regulations for general dental services) or 39 (regulations for general ophthalmic services) of the 1977 Act ;
a list of persons approved for the purposes of assisting in the provision of general medical services or general ophthalmic services prepared in accordance with regulations made under section 43D of the 1977 Act (supplementary lists);
a services list which fell within the meaning of section 8ZA of the National Health Service (Primary Care) Act 1997 (lists of persons who may perform personal medical services or personal dental services);
a list corresponding to a services list prepared by virtue of regulations made under section 145 (application of enactments local pharmaceutical services); or
a list corresponding to any of the above lists in Scotland, Wales or Northern Ireland;
“private”, in the context of services or treatment, means otherwise than under the contract or Part 1, and “privately” shall be construed accordingly;
“professional registration number” means the number against an ophthalmic practitioner’s name in the register, together with the prefix and suffix given to that number in the ophthalmic performers list in which the name is included;
“register” means, except in paragraph 4 of Schedule 3 —
in the case of an optometrist, the register maintained by the General Optical Council under section 7(a) of the Opticians Act ; or
in the case of a registered medical practitioner, the register of medical practitioners maintained pursuant to section 2(2) of the Medical Act 1983 ;
“registered” means included in the register;
“relevant Strategic Health Authority” means the Strategic Health Authority established for an area which includes the area for which the PCT is established;
“residential centre” means an establishment in the locality of the PCT for persons, including eligible persons, who normally reside in that establishment and who are unable to leave the establishment unaccompanied because of physical or mental illness or disability;
“sight test form” means the form which, in accordance with these Regulations or the POS Regulations, is to be completed for the purposes of payments in respect of a sight test; and
“working day” means any day apart from Saturday, Sunday, Christmas Day, Good Friday or a day that is specified or proclaimed as a bank holiday in England pursuant to section 1 of the Banking and Financial Dealings Act 1971 .
2
In these Regulations —
a
the use of the term “it” in relation to the contractor includes a reference to a contractor who is an individual or two or more individuals practising in partnership and related expressions shall be construed accordingly;
b
all references to sections or Parts are to sections or Parts of the Act, except where specified otherwise; and
c
references to forms supplied by the PCT to contractors includes electronic forms and forms which are generated electronically, but does not include prescription forms.
PART 2 Contractors
Conditions: introductory
3
Subject to the provisions of any regulations made under section 43 of the Health Act 2006 (general ophthalmic services: transitional), a PCT may only enter into a contract if —
a
the conditions set out in regulation 4 are met, and
b
an application to enter into a contract, which complies with Schedule 3, has been made to that PCT.
Persons eligible to enter into GOS contracts
4
1
For the purposes of section 118 (persons eligible to enter into GOS contracts) it is a prescribed condition that a person must not fall within paragraph (3).
2
The reference to a person in paragraph (1) includes any director, chief executive or secretary of a corporate body.
3
A person falls within this paragraph if —
a
it is the subject of a national disqualification or a contract disqualification order;
b
subject to paragraph (4), it is disqualified or suspended (other than by an interim suspension order or direction pending an investigation) from practising by any licensing body anywhere in the world;
c
within the period of 5 years prior to the date the contract is to be commenced or, if earlier, the date on which the contract is to be signed, he has been dismissed (otherwise than by reason of redundancy) from any employment by a health service body, unless he has subsequently been employed by that health service body or another health service body and paragraph (5) applies to him or that dismissal was the subject of a finding of unfair dismissal by any competent tribunal or court;
d
within the period of 5 years prior to the date the contract is to be commenced or, if earlier, the date on which the contract is to be signed, it has been removed from, or refused admission to, a primary care list by reason of inefficiency, fraud or unsuitability (within the meaning of section 151(2), (3) and (4)) (disqualification of practitioners) respectively, unless its name has subsequently been included in such a list;
e
he has been convicted in the United Kingdom of —
i
murder; or
ii
a criminal offence other than murder, committed on or after 14th December 2001, and has been sentenced to a term of imprisonment of over 6 months;
f
it has been convicted of a criminal offence, not falling within subparagraphs (d), (e) or (g), and, in the opinion of the PCT, is not a person with whom it ought to contract;
g
subject to paragraph (6), he has been convicted outside the United Kingdom of an offence which would, if committed in England and Wales constitute —
i
murder; or
ii
a criminal offence other than murder, and been sentenced to a term of imprisonment of over 6 months;
h
he has been convicted of an offence committed on or after 1st April 2006, referred to in Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions apply) or Schedule 1 to the Criminal Procedure (Scotland) Act 1995 (offences against children under the age of 17 years to which special provisions apply);
i
it has —
i
been adjudged bankrupt or had sequestration of his estate awarded unless (in either case) he has been discharged or the bankruptcy order has been annulled;
ii
been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 unless that order has ceased to have effect or has been annulled; or
iii
made a composition or arrangement with, or granted a trust deed for, its creditors unless he or it has been discharged in respect of it;
j
an administrator, administrative receiver or receiver is appointed in respect of it;
k
the PCT is not satisfied that the person —
i
has the premises, equipment and record keeping arrangements, or
ii
will employ or engage, by the date the contract is to commence, appropriate staff,
to provide the services under the contract;
l
the PCT is not satisfied that it is a person suitable to provide general ophthalmic services;
m
he has within the period of 5 years prior to the date the contract is to commence or, if earlier, the date on which the contract is to be signed —
i
been removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated; or
ii
been removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of the Court of Session to deal with management of charities), from being concerned in the management or control of any body; or
n
he is subject to a disqualification order under the Company Directors Disqualification Act 1986 , the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order) .
4
A person does not fall within paragraph (3)(b) where the PCT is satisfied that the disqualification or suspension from practising is imposed by a licensing body outside the United Kingdom and that disqualification or suspension does not make the person unsuitable to be, as the case may be —
a
a contractor; or
b
a director, chief executive or secretary of a corporation entering into a contract.
5
The condition referred to in paragraph (3)(c) is that, where a person has been employed as a member of a health care profession, any subsequent employment must also be as a member of that profession.
6
A person does not fall within paragraph (3)(g) where the PCT is satisfied that the conviction does not make the person unsuitable to be, as the case may be —
a
a contractor; or
b
a director, chief executive or secretary of a corporate body entering into a contract.
Reasons
5
1
Where a PCT is of the view that the conditions in regulation 4 for entering into a contract are not met, it shall notify the person intending to enter into the contract of —
a
that view and its reasons for that view; and
b
the person’s right of appeal under regulation 6.
2
The PCT shall also notify of that view and its reasons for that view, a director, chief executive or secretary of a corporate body that is notified under paragraph (1), where its reason for the decision relates to that person or those persons.
Appeals and contract disqualifications
6
1
A person who has been served with a notice under regulation 5(1) may appeal to the FHSAA against the decision of the PCT that the conditions in regulation 4 are not met, by giving notice to the FHSAA within the period of 28 days, beginning on the day that the PCT served its notice.
2
A PCT, which has given notice under regulation 5(1) may, if it considers that that person should be disqualified from entering into a contract, apply to the FHSAA for a contract disqualification order in relation to that person.
3
The FHSAA, in a case where a person has appealed under paragraph (1) may, of its own motion, make application to itself for a contract disqualification order in relation to that appellant.
4
In a case to which paragraph (2) or (3) applies, the FHSAA may make a contract disqualification if it considers it right to do so in all the circumstances of the case.
5
Subject to paragraph (7), where the FHSAA has made a contract disqualification order, the person in respect of whom it has been made may, not less than 3 years after the making of the order, apply to the FHSAA for a review of that order and, on such an application, the FHSAA shall either confirm that order or specify a date on which that order shall cease to have effect.
6
Subject to paragraph (7), in any case where the FHSAA has confirmed an order under paragraph (5) or this paragraph, the person in respect of whom a contract disqualification order was confirmed may, not less than 3 years after the making of the order, apply to the FHSAA for a review of that order and, on such an application, the FHSAA shall either confirm that order or specify a date on which that order shall cease to have effect.
7
The FHSAA may, when making or confirming an order under paragraph (5) or (6), determine that instead of the period of 3 years specified in those paragraphs, the period for a review shall be such period, of not less than 1 year or more than 5, as the FHSAA may decide.
PART 3 Pre-contract Dispute Resolution
Pre-contract disputes
7
1
Subject to paragraphs (2) and (3), if, in the course of negotiations intending to lead to a contract, the prospective contracting parties are unable to agree on a particular term of the contract, either party may refer the dispute to the Secretary of State to consider and determine the matter in accordance with the procedure provided for in paragraph 30(2) and (3) of Schedule 1 (NHS dispute resolution procedure).
2
Paragraph (1) does not apply in the case where both parties to the prospective contract are health service bodies (in which case section 9(7) (NHS contracts) applies).
3
Before referring the dispute for consideration and determination under paragraph (1), both parties to the prospective contract must make every reasonable effort to communicate and co-operate with each other with a view to resolving it.
4
Disputes referred to the Secretary of State in accordance with paragraph (1) or section 9(7) shall be considered and determined in accordance with the provisions of paragraphs 30(4) to (13) and 31(1) (determination of dispute) of Schedule 1 and paragraph (5) (where it applies) of this regulation.
5
In the case of a dispute referred to the Secretary of State under paragraph (1), the determination —
a
may specify terms to be included in the proposed contract;
b
may require the PCT to proceed with the proposed contract, but may not require the proposed contractor to proceed with the proposed contract; and
c
shall be binding upon the prospective parties to the contract.
PART 4 Health Service Body Status
Health service body status
8
1
Where a proposed contractor elects, in a notice served on the PCT at any time prior to the contract being entered into, to be regarded as a health service body for the purposes of section 9, it shall be so regarded, but only so far as concerns the contract, from the date on which the contract is entered into.
2
If, in accordance with paragraph (1) or (5), a contractor is to be regarded as a health service body, that fact shall not affect the nature of, or any rights or liabilities arising under, any other contract with a health service body entered into by that contractor before the date on which the contractor is to be so regarded.
3
Where a contract is made with an individual or two or more persons practising in partnership, and that individual or that partnership is to be regarded as a health service body in accordance with paragraph (1) or (5), the contractor shall, subject to paragraph (4), continue to be regarded as a health service body for the purposes of section 9, but only so far as concerns the contract, for as long as that contract continues and irrespective of any change in —
a
the partners comprising the partnership;
b
the status of the contractor from that of an individual to that of a partnership; or
c
the status of the contractor from that of a partnership to that of an individual.
4
A contractor may at any time request a variation of the contract to include or remove the provision from the contract that the contract is an NHS contract, and if it does so —
a
the PCT shall agree to the variation; and
b
the procedure in paragraph 33(1) of Schedule 1 shall apply (variation of a contract: general).
5
Where, pursuant to paragraph (4), the PCT agrees to a variation of the contract, the contractor shall —
a
be regarded; or
b
subject to paragraph (7), cease to be regarded,
as a health service body for the purposes of section 9, but only so far as concerns the contract, from the date that variation takes effect pursuant to paragraph 33(1) of Schedule 1.
6
Subject to paragraph (7), a contractor shall cease to be regarded as a health service body for the purposes of section 9 if the contract is terminated.
7
Where a contractor ceases to be a health service body pursuant to —
a
paragraph (5) or (6), it shall continue to be regarded as a health service body for the purposes of being a party to any other general ophthalmic services contract entered into after it became a health service body, but before the date on which the contractor ceased to be a health service body (for which purposes it ceases to be such a body on the termination of that NHS contract);
b
paragraph (5), it shall, if it or the PCT has referred any matter to the NHS dispute resolution procedure before it ceases to be a health service body, be bound by the determination of the adjudicator as if the dispute had been referred pursuant to paragraph 29 of Schedule 1 (dispute resolution: non-NHS contracts); or
c
paragraph (6), it shall continue to be regarded as a health service body for the purposes of the NHS dispute resolution procedure where that procedure has been commenced —
i
before the termination of the contract; or
ii
after the termination of the contract, whether in connection with or arising out of the termination of the contract or otherwise,
for which purposes it ceases to be such a body on the conclusion of that procedure.
PART 5 Contracts: Required Terms
Parties to the contract
9
A contract must specify —
a
the names of the parties;
b
whether the contract is for mandatory services or for additional services;
c
in the case of a partnership —
i
whether or not it is a limited partnership, and
ii
the names of the partners and, in the case of a limited partnership, their status as a general or limited partner; and
d
in the case of each party, the postal address to which official correspondence and notices should be sent.
NHS contracts
10
In the case of a contractor who is to be regarded as a health service body pursuant to regulation 8, the contract must state that it is an NHS contract.
Contracts with individuals practising in partnership
11
1
Where the contract is with two or more individuals practising in partnership, the contract shall be treated as made with the partnership as it is from time to time constituted and the contract shall make specific provision to this effect.
2
Where the contract is with two or more individuals practising in partnership, the contractor must be required by the terms of the contract to ensure that any person who becomes a member of the partnership after the contract has come into force is bound automatically by the contract whether by virtue of a partnership deed or otherwise.
Duration
12
1
Except in the circumstances specified in paragraph (2), a contract must provide for it to subsist until it is terminated in accordance with the terms of the contract or the general law.
2
The circumstances referred to in paragraph (1) are that the PCT has terminated the contract of another provider of primary ophthalmic services, and as a result of that termination, it wishes to enter into a temporary contract for a period specified in the contract for the provision of services.
3
Where a temporary contract is entered into pursuant to paragraph (2) —
a
paragraph 39 of Schedule 1 (termination by the contractor) shall not apply to that contract; and
b
the parties to that contract may include such terms as to termination by notice as they may agree.
Testing of sight
13
1
A contract must contain terms to the effect specified in this regulation.
2
A contractor shall, having accepted an application from or on behalf of a patient for the testing of sight —
a
secure the testing of the patient’s sight to determine whether the patient needs to wear or use an optical appliance; and
b
in so doing, shall secure the fulfilment of any duty imposed on a tester of sight by, or in regulations made under, section 26 of the Opticians Act (duties to be performed on sight testing) .
3
Where a contractor or an ophthalmic practitioner employed by it to perform the contract is of the opinion that a patient whose sight was tested pursuant to paragraph (2) —
a
shows on examination signs of injury, disease or abnormality in the eye or elsewhere which may required medical treatment; or
b
is not likely to attain a satisfactory standard of vision notwithstanding the application of corrective lenses,
the contractor shall, if appropriate, and with the consent of the patient —
i
refer the patient to an ophthalmic hospital, which includes an ophthalmic department of a hospital,
ii
inform the patient’s doctor or GP practice that it has done so, and
iii
give the patient a written statement that it has done so, with details of the referral.
4
Where a contractor or an ophthalmic practitioner employed by it to perform the contract tests the sight of a patient diagnosed as suffering from diabetes or glaucoma, it shall inform the patient’s doctor or GP practice of the results of the test.
5
Where a contractor or an ophthalmic practitioner employed by it to perform the contract issues to a patient a prescription for glasses, it shall, immediately thereafter, require the patient to acknowledge its receipt on a sight test form.
6
A prescription for glasses issued following a testing of sight under general ophthalmic services shall be completed by the method recommended in Appendix A to British Standard BS 2738 Part 3: 2004 (Glossary of Terms relating to Ophthalmic Lenses and Spectacle Frames) published by the British Standards Institution and shall comply with any requirements as to its form specified in any direction made under section 120 for the purposes of payment in respect of the sight test.
Services: general
14
A contract for mandatory services must specify —
a
the address of each of the premises to be used by the contractor for the provision of such services; and
b
the hours during which services are normally to be provided at each of those premises.
Finance
15
1
The contract must contain a term which has the effect of requiring —
a
the PCT to make payments to the contractor under the contract promptly and in accordance with both the terms of the contract and any other conditions relating to the payment contained in any directions given by the Secretary of State under section 120 (GOS contracts: payments) (“the relevant directions”); and
b
the contractor to make payments promptly to the PCT and in accordance with both the terms of the contract and any other conditions relating to payment contained in the relevant directions.
2
The obligation referred to in paragraph (1) is subject to any right the PCT has to set off against an amount payable to the contractor an amount that —
a
is owed by the contractor to the PCT under the contract;
b
has been paid to the contractor owing to an error or in circumstances when it was not due; or
c
the PCT may withhold from the contractor in accordance with the terms of the contract or any other applicable provisions contained in the relevant directions.
3
The contract must contain a term to the effect that where, pursuant to directions under section 8 (Secretary of State’s directions: exercise of functions) or 120, a PCT is required to make a payment to a contractor under a contract, but subject to conditions, those conditions are to be terms of the contract.
4
The contract must contain a term to the effect that, where the PCT has a right to set off under paragraph (2), the PCT may also recover that amount, or any part of it that has not been recovered by set off, as a civil debt, whether or not the contract has been terminated.
Fees, charges and financial interests of the contractor
16
1
The contract must contain terms relating to fees, claims, charges and financial interests which have the same effect as those set out in this regulation.
2
The contractor shall not, either itself or through any other person, demand or accept a fee or other remuneration for its own or another’s benefit from —
a
any patient of its; or
b
any person who has requested services under the contract for himself or a family member,
for the provision of any treatment under the contract or as a prerequisite to providing services under the contract to that person or the family member.
3
Obligations imposed on the contractor by virtue of the Charges Regulations or any determination under section 180(11) must be terms of the contract.
4
The contractor in making a decision —
a
as to what services to recommend or provide to a patient who has sought services under the contract; or
b
to refer a patient for other services within the National Health Service,
must do so without regard to its own financial interests.
5
Any claim by a contractor for fees in respect of the provision of mandatory services or additional services shall be made by completing or securing the completion of a sight test form and sending it to the PCT within 6 months after the date of completion of the provision of the services.
6
Any such claim shall be —
a
signed by the ophthalmic practitioner who performed the sight test in respect of which the claim is made, who shall also supply, with that signed claim, his professional registration number; and
b
in a case where the ophthalmic practitioner is not the contractor, counter-signed on behalf of the contractor by a person (who may be the ophthalmic practitioner), duly authorised by the contractor to counter-sign, whom the contractor has previously notified the PCT is so authorised.
7
A signatory or counter-signatory shall sign any such claim in ink with his initials or forename and with his surname in his own handwriting and not by means of a stamp.
8
A contractor shall be entitled to demand and recover from a patient or person having charge of a patient a sum in respect of loss of remunerative time resulting from that patient’s failure to keep an appointment.
9
A contractor shall not demand or accept from the PCT the payment of any fee or other remuneration in respect of any item of service —
a
which has not been provided under the contract; or
b
for which another claim has already been submitted to the PCT.
Arrangements on termination
17
A contract shall make suitable provision for arrangements on the termination of the contract including the consequences (whether financial or otherwise) of the contract ending.
Other contractual terms: mandatory services
18
Where a contract is for the provision of mandatory services, it must contain other terms which have the same effect as those specified in Schedule 1.
Other contractual terms: additional services
19
Where a contract is for the provision of additional services, it must contain other terms that have the same effect as those specified in Schedule 2.
PART 6 Transitional Provision
Commencement of contract
20
The contract shall provide for services to be provided under it from any date that falls after 31st July 2008.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
28th April 2008


text:
Citation and commencement
1
This Order may be cited as the Taxation of Benefits under Government Pilot Schemes (Better off in Work Credit) Order 2008 and shall come into force on 27th October 2008.
Interpretation
2
In this Order, “Better off in Work Credit” means benefit payable by virtue of the Government pilot scheme known by that name.
Exemption from income tax
3
The Income Tax Acts shall have effect in relation to any amount of Better off in Work Credit as if it was wholly exempt from income tax and accordingly to be disregarded in computing the amount of any receipts brought into account for income tax purposes.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
6th October 2008


text:
1
This Scheme may be cited as the A1 Motorway (Dishforth to Barton Section and Connecting Roads) Scheme 2008 and shall come into force on 25th September 2008.
2
In this Scheme —
1
All measurements of distance are measured along the route of the relevant highway:
2
i
“connecting road” means a special road along a route described in Schedule 3 to this Scheme;
ii
“the Motorway” means a special road along a route described in Schedules 1 and 2 to this Scheme;
iii
“the plan” means the plan folio, containing 6 site plans bound together and respectively numbered 1 to 6, numbered HA.16/MP/11, marked “The A1 Motorway (Dishforth to Barton Section and Connecting Roads) Scheme 2008”, signed by authority of the Secretary of State for Transport and deposited at Communities & Local Government Deposited Document Services, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
iv
“the special roads” means the Motorway and each connecting road.
3
The Secretary of State is authorised to provide the special roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of each of the special roads is indicated by a heavy black line on the plan.
5
Each of the special roads shall become a trunk road on the date when this Scheme comes into force.
6
The A1 Motorway (North of Leeming to Scotch Corner and Connecting Roads) Scheme 1996 is hereby revoked.
Signed by authority of the Secretary of State for Transport
John Bagley
Divisional Director Highways Agency
18th August 2008


text:
Citation
1
This Order may be cited as the The Manor CE VC Primary School (Designation as having a Religious Character) Order 2008.
Designation of School
2
1
The Manor CE VC Primary School, Ruskin Avenue, Melksham, Wiltshire, SN12 7DZ, a voluntary controlled school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
J D Loosley
A Deputy Director in the
Department for Children, Schools and Families
30th June 2008