text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid Kent Water and South East Water (Amendment of Local Enactments and Supplemental Provisions) Order 2007.
2
This Order comes into force on 14th December 2007.
3
In this Order, the “relevant enactments” means —
a
the Local Authorities (England) (Property etc. ) Order 1973 ;
b
the Local Authorities etc. (Staff Transfer and Protection) Order 1974 ;
c
the Local Government Superannuation (Transferred Water Employees) Regulations 1983 ;
d
the Mid Kent Water (Constitution and Regulation) Order 1990 , and the provisions in the enactments referred to in the first column of Parts I and II of Schedule 2 to that Order (provisions of the Mid Kent Water Acts and Orders 1888 to 1985 repealed) in so far as such provisions have not been repealed;
e
the Water Undertakers (Extension of Byelaws) Order 1998 ;
f
the Water Supply (Water Fittings) Regulations 1999 ;
g
the Water and Sewerage Undertakers (Pipelaying and Other Works) (Code of Practice) Order 1999 ; and
h
the Enterprise Act 2002 (Enforcement Undertakings and Orders) Order 2006 .
Amendment of local statutory provisions and supplemental provisions
2
1
Except in the relevant enactments —
a
in every local statutory provision, for “Mid Kent Water plc” or any reference to the undertaking of Mid Kent Water Limited, substitute “South East Water Limited”; and
b
in any other enactment, any reference to Mid Kent Water plc, Mid Kent Water Limited or to the undertaking of Mid Kent Water Limited has effect as a reference to South East Water Limited.
2
Every charges scheme made by Mid Kent Water Limited under section 143 of the Water Industry Act 1991 has effect as if it were made by South East Water Limited.
3
The code of practice prepared by Mid Kent Water plc and approved by the Secretary of State under the Water and Sewerage Undertakers (Pipelaying and Other Works) (Code of Practice) Order 1999 has effect in the former appointment area of Mid Kent Water Limited as if the code of practice had been prepared by South East Water Limited and approved by the Secretary of State under that Order.
R.J.Wood
A Senior Civil Servant, for and on behalf of the
Secretary of State for Environment, Food and Rural Affairs
13th December 2007


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Rules may be cited as the Asylum and Immigration Tribunal (Procedure) (Amendment No. 2) Rules 2007 and come into force on 1st December 2007.
Amendments to the Asylum and Immigration Tribunal (Procedure) Rules 2005
2
In rule 27 of the Asylum and Immigration Tribunal (Procedure) Rules 2005 —
a
in paragraph (3), after “paragraph” insert “(3A) or”;
b
after paragraph (3) insert —
3A
In reviews of appeals under sections 83 and 83A of the 2002 Act, the Tribunal must —
a
within a reasonable time, serve a copy of the notice of decision and any directions on every party to the appeal; and
b
where the immigration judge makes an order for reconsideration, serve on the party to the appeal other than the party who made the section 103A application a copy of the application notice and any documents which were attached to it.
;
c
in paragraph (5)(a) after “must” insert “, within a reasonable time,”.
3
After rule 49 of the Asylum and Immigration Tribunal (Procedure) Rules 2005 insert —
Interpreters
49A
An appellant is entitled to the services of an interpreter —
a
when giving evidence; and
b
in such other circumstances as the Tribunal considers necessary.
.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
6th November 2007


text:
Citation
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Switzerland) Order 2007.
Double taxation arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Protocol set out in Part I of the Schedule to this Order and in the Exchange of Notes set out in Part II of that Schedule which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Switzerland) Order 1978 have been made with the Swiss Federal Council with a view to affording relief from double taxation in relation to income tax, corporation tax and capital gains tax and taxes of a similar character imposed by the laws of Switzerland;
b
those arrangements include provisions with respect to the exchange of information foreseeably relevant to the administration or enforcement of the domestic laws of the United Kingdom and the laws of Switzerland concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Hill Farm Allowance Regulations 2007;
b
come into force on 26th March 2007; and
c
apply only in relation to holdings situated wholly or partly in England.
Interpretation
2
In these Regulations —
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes;
“breeding cow” means a suckler cow or a heifer;
“claim” means a claim for hill farm allowance made in a single payment scheme application or a hill farm allowance declaration;
“claimant” means a person who has made a claim for hill farm allowance;
“claimant’s less favoured area land” means land in a less favoured area which is entered in the claimant’s single payment scheme application or hill farm allowance application;
“claimed forage area” means land in respect of which a claimant has claimed hill farm allowance or a related less favoured area allowance in a single payment scheme application, hill farm allowance application or related less favoured area allowance application;
“Commission Regulation 796/2004” means Commission Regulation ( EC ) No. 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 ;
“common land” means land registered as common land with grazing rights under the Commons Registration Act 1965 ;
“Council Regulation 1257/1999” means Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) and amending and repealing certain Regulations ;
“Council Regulation 1698/2005” means Council Regulation (EC) No. 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development ( EAFRD ) ;
“Council Regulation 1782/2003” means Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending certain Regulations ;
“disadvantaged land” (except in the expression “severely disadvantaged land”) means any area of land shown coloured blue on the England LFA maps;
“eligible forage area” means such part of the qualifying forage area as lies within a less favoured area;
“the England LFA maps” means the three volumes of maps numbered 1 to 3, each volume being marked “Volume of maps of less‑favoured farming areas in England”, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London SW1P 2AL;
“ewe” means a female sheep which was at least one year old on 1st January 2007, or had lambed by that date;
“forage area” has the same meaning as in Article 131(2)(b) of Council Regulation 1782/2003;
“heifer” means a female bovine animal aged 8 months or over which has not yet calved;
“hill farm allowance” means the compensatory allowance payable in accordance with these Regulations, Article 36(a)(ii) of Council Regulation 1698/2005 and Chapter V of Title II of Council Regulation 1257/1999;
“hill farm allowance declaration” means a declaration made by a claimant that he wishes to claim hill farm allowance in respect of 2007, made in the form sent to him by the Secretary of State;
“holding” has the same meaning as in Article 2(b) of Council Regulation 1782/2003;
“individual reference quantity of milk” has the same meaning as in Article 117(2) of Commission Regulation (EC) No. 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials ;
“less favoured area” means any area of land shown coloured blue or pink on the England LFA maps;
“livestock unit” means a unit of measurement of livestock numbers, and each of the following constitutes a single livestock unit —
one suckler cow;
one heifer aged 24 months or over;
1.67 heifers under the age of 24 months; and
6.67 ewes;
“moorland” means all the land coloured pink in the three volumes of maps entitled “Moorland Map of England 2006”, each volume being marked with the number of the volume, dated 13th February 2006, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London SW1P 2AL;
“notional livestock density” means the number of livestock units per hectare of the claimant’s eligible forage area, calculated in accordance with Schedule 1;
“other competent authority” means the Scottish Ministers, the National Assembly for Wales or, in Northern Ireland, the Department of Agriculture and Rural Development;
“permanent pasture” means non-rotational land used for grass production (sown or natural) on a permanent basis (five years or longer) excluding land set aside pursuant to Article 6 of Council Regulation (EC) No. 1251/1999 and Article 54 of Council Regulation 1782/2003;
“qualifying forage area” means the relevant forage area or, in relation to a claimant to whom regulation 7 applies, such part of that area as remains following deductions made to it in accordance with that regulation;
“related less favoured area” means, in relation to a claimant, all that claimed forage area in respect of which the Secretary of State has been advised by any other competent authority that the claimant is eligible for a related less favoured area allowance;
“related less favoured area allowance” means a compensatory allowance payable in relation to land situated in Northern Ireland, Scotland or Wales in accordance with Chapter V of Title II of Council Regulation 1257/1999 or Article 36(a)(ii) of Council Regulation 1698/2005;
“relevant animals” means, in relation to a claimant, the breeding cows and ewes determined as relevant animals in accordance with Schedule 5;
“relevant forage area” means any claimed forage area situated in England;
“severely disadvantaged land” means any area of land shown coloured pink on the England LFA maps;
“single payment scheme” means the support scheme established under Title III of Council Regulation 1782/2003;
“single payment scheme application” means an application to the single payment scheme submitted in 2006 in accordance with Article 34 of Council Regulation 1782/2003 and Title II of Part II of Commission Regulation 796/2004;
“suckler cow” has the same meaning as in Article 122(d) of Council Regulation 1782/2003.
Payment of hill farm allowance
3
1
Subject to regulation 5, the Secretary of State must pay hill farm allowance in respect of 2007 to any claimant who is eligible under regulation 4.
2
The Secretary of State must only pay hill farm allowance to a claimant in respect of eligible forage area not exceeding 700 hectares.
Eligibility for hill farm allowance
4
1
Subject to Article 51 of Council Regulation 1698/2005, a claimant is eligible for hill farm allowance provided —
a
his claim was received by the Secretary of State on or before 2nd March 2007;
b
he made a hill farm allowance declaration, received by the Secretary of State on or before 2nd March 2007;
c
the claimed forage area —
i
complies with one of the conditions specified in paragraph (2);
ii
was available to be grazed or have a forage crop taken from it for a continuous period of seven months, starting on any date from 1st January 2006 to 31st March 2006 inclusive; and
iii
during that seven month period, was available to the claimant to be grazed or have a forage crop taken from it for a period, or periods in total, of four months or more; and
d
subject to paragraph (3), the notional livestock density is not less than 0.15.
2
The conditions referred to in paragraph (1)(c)(i) are —
a
at least ten hectares of the claimed forage area are in England, within a less favoured area; or
b
at least one hectare of the claimed forage area is in England, within a less favoured area, and the rest of the claimed forage area is in another part of the United Kingdom, in a related less favoured area.
3
If he considers it appropriate, given the circumstances of a particular case, the Secretary of State may determine that a notional livestock density of less than 0.15 is sufficient for the purposes of paragraph (1)(d).
4
A claimant must provide to the Secretary of State such information as the Secretary of State reasonably requires to enable him to make a determination under paragraph (3).
5
The Secretary of State must notify the claimant of his determination in writing.
Condition as to continued use of land for the purposes of agriculture
5
1
The Secretary of State must not pay hill farm allowance to a claimant who has breached his undertaking as to continued agricultural use.
2
But the Secretary of State may pay hill farm allowance if, having considered the reasons for such breach, he considers it reasonable to do so in all the circumstances of the case.
3
A claimant is not in breach of his undertaking if he ceases to farm, provided that at least ten hectares of the land in respect of which the undertaking was given continue to be used for the purposes of agriculture.
4
In this regulation —
a
“undertaking as to continued agricultural use” means the undertaking given by a claimant in his hill farm allowance application or hill farm allowance declaration to continue to use at least ten hectares of land in a less favoured area or a related less favoured area for the purposes of agriculture for five years from the date of the first payment to him of a compensatory allowance; and
b
“compensatory allowance” means any payment made under these Regulations or any of the Hill Farm Allowance Regulations 2001 to 2006 .
Amount of payment
6
1
The Secretary of State must pay a claimant hill farm allowance in respect of the land specified in column 1 of Schedule 2 —
a
in relation to the first 350 hectares of qualifying forage area, at the rates specified in column 2 of Schedule 2;
b
in relation to the next 350 hectares of qualifying forage area, at half the rates specified in column 2 of Schedule 2.
2
The amount of the payment referred to in paragraph (1) must be increased by 5 per cent if one of the following criteria is met, and by 10 per cent if both are met —
a
at least one hectare, or 5% (whichever is the smaller), of the claimant’s less favoured area land is —
i
planted with arable crops in respect of which the claimant is not receiving any other financial support; and
ii
was not converted from permanent pasture after 1998;
b
at least one hectare, or 5% (whichever is the smaller), of the claimant’s less favoured area land is —
i
planted with woodland in respect of which the claimant is not receiving any other financial support; and
ii
was not converted from permanent pasture after 1998.
3
The Secretary of State may increase by a percentage of up to and including 10% the amount to which a claimant is entitled under paragraphs (1) and (2) if —
a
the condition set out in paragraph (5) is met; and
b
the same percentage increase is applied in respect of each claimant’s payment.
4
The Secretary of State may decrease by a percentage of up to and including 10% the amount to which a claimant is otherwise entitled under paragraphs (1) and (2) if —
a
the condition set out in paragraph (6) is met; and
b
the same percentage decrease is applied in respect of each claimant’s payment.
5
The condition referred to in paragraph (3)(a) is that the fund available for hill farm allowance is greater than anticipated by the Secretary of State because —
a
the amount of eligible forage area in respect of which hill farm allowance is payable is smaller than he anticipated; or
b
the budget allocation for the Rural Development Programme for England 2007-2013 is or is likely to be greater than he anticipated.
6
The condition referred to in paragraph (4)(a) is that the fund available for hill farm allowance is smaller than anticipated by the Secretary of State because —
a
the amount of eligible forage area in respect of which hill farm allowance is payable is greater than he anticipated; or
b
the budget allocation for the Rural Development Programme for England 2007-2013 is or is likely to be smaller than he anticipated.
7
Paragraphs (1) to (3) are subject to any duty of the Secretary of State to reduce a sum payable under paragraphs (1) and (2) under Article 51 of Council Regulation 1698/2005.
8
In paragraph (2), “other financial support” does not include financial support from the single payment scheme.
9
“The Rural Development Programme for England 2007-2013” is the Programme for England which is the subject of the Rural Development National Strategy Plan for the United Kingdom, submitted to the European Commission on 21st December 2006 under Article 12 of Council Regulation 1698/2005 .
Deductions from relevant forage area
7
In relation to any claimant who has an individual reference quantity of milk available to him, the deductions specified in Schedule 3 apply to the relevant forage area for the purposes of determining the qualifying forage area.
Holdings situated partly outside England
8
The provisions of Schedule 4 apply in relation to holdings situated partly outside England.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
1st March 2007


text:
Citation and commencement
1
This Order —
a
may be cited as the Bluetongue (Amendment) Order 2007; and
b
comes into force on 28th September 2007.
Amendment
2
The Bluetongue Order 2003 is amended in accordance with the Schedule.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
4th September 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Collaboration Arrangements (Maintained Schools and Further Education Bodies) (England) Regulations 2007 and come into force on 25th May 2007.
2
These Regulations apply in relation to England.
Interpretation
2
1
In these Regulations —
“the 1992 Act ” means the Further and Higher Education Act 1992 ;
“the 2006 Act ” means the Education and Inspections Act 2006;
“associate member” has the meaning given in regulation 6;
“instrument and articles” in relation to a further education body, means the instrument and articles of government in force under section 22 or 29 of the 1992 Act, as the case may be;
“institution” means an institution which the further education body is established to conduct in exercise of its powers under the 1992 Act;
“ the principal ” means the principal of an institution or any person acting as principal; and
“the Procedures Regulations ” means the School Governance (Procedures) (England) Regulations 2003 .
2
Any reference in these Regulations to a governing body is a reference to the governing body of a maintained school.
Collaboration between schools and further education bodies
3
1
A governing body, whether alone or together with other governing bodies, may make collaboration arrangements with one or more further education bodies, subject to regulations 16 to 18 of the Procedures Regulations.
2
A further education body, whether alone or together with other further education bodies, may make collaboration arrangements with one or more governing bodies, subject to the provisions of their instrument and articles.
3
A further education body may make collaboration arrangements with one or more further education bodies, subject to the provisions of their instrument and articles.
4
Where a governing body makes collaboration arrangements in accordance with paragraph (1) in respect of any of their functions relating to individual members of the school staff, the School Staffing (England) Regulations 2003 apply to the discharge of such functions.
5
Where a further education body makes collaboration arrangements in accordance with paragraphs (2) or (3) in respect of any of their functions relating to individual members of the institution’s staff, the relevant provisions of the instrument and articles apply to the discharge of such functions.
6
Subject to paragraph (7), where collaborating bodies make arrangements in accordance with paragraphs (1), (2) or (3), they may also delegate the discharge of any of their functions to a joint committee established by them.
7
Where the collaborating body is —
a
a governing body, that body may only delegate such functions to a joint committee as may be delegated to a committee under regulation 16 of the Procedures Regulations,
b
a further education body, that body may only delegate such functions to a joint committee as may be delegated to a committee under the relevant provisions of its instrument and articles.
Establishment of joint committees
4
1
The collaborating bodies must determine, and review annually, the constitution, terms of reference and (subject to regulation 6) membership of any joint committee they decide to establish.
2
A joint committee must determine the quorum for any of its meetings which must not be fewer than three persons, each of whom is a member of any of the collaborating bodies.
3
A joint committee must appoint a chair annually and may remove its chair from office at any time.
Clerks to joint committees
5
1
A joint committee must appoint a clerk (who must not be a head teacher or a principal) and may remove the clerk from office at any time.
2
A joint committee may, if the clerk fails to attend one of its meetings, appoint any one of its members (who is not a head teacher or a principal) to act as clerk for the purposes of that meeting.
3
The clerk must —
a
convene meetings of the joint committee;
b
attend meetings of the joint committee and ensure that minutes of the proceedings are drawn up; and
c
perform any other functions determined by the joint committee.
Associate members
6
1
In these Regulations “associate member” means a person who is appointed by a joint committee as a member of it but who is not a member of a collaborating body.
2
Subject to paragraph (7), the term of office of an associate member is four years or a shorter period (not being less than one year), as determined by the joint committee at the date of his appointment.
3
Nothing in this regulation prevents an associate member from being reappointed at the expiration of his term of office.
4
Any person who is disqualified from holding office as a governor under regulation 21 of the School Governance (Constitution) (England) Regulations 2007 and any person who is ineligible to be a member of a further education body under the instrument and articles is disqualified from holding, or continuing to hold, office as an associate member of a joint committee.
5
Subject to paragraph (6), the collaborating bodies must determine the voting rights of associate members.
6
An associate member must not vote on any resolution concerning —
a
admissions;
b
pupil or student discipline;
c
an individual pupil or student (not falling within sub-paragraph (a) or (b)) or member of staff if the associate member was excluded under regulation 7(2) from that part of the meeting during which it was considered; or
d
the budget and financial commitments of a collaborating body.
7
A joint committee may remove an associate member from office at any time.
Right of persons to attend meetings of joint committees
7
1
Subject to regulation 9 and to the Schedule the following persons are entitled to attend any meeting of a joint committee —
a
any member of the joint committee, provided he is not a member of a governing body who has been suspended in accordance with regulation 15 of the Procedures Regulations;
b
a head teacher of a collaborating body, whether or not he is a member of the joint committee;
c
a principal of a collaborating body, whether or not he is a member of the joint committee;
d
the clerk to the joint committee; and
e
such other persons as the joint committee may determine.
2
A joint committee may exclude an associate member from any part of its meeting when the business under consideration concerns an individual member of staff, or an individual pupil or student.
Proceedings of joint committees
8
1
The clerk must convene meetings of the joint committee and, when exercising this function, he must comply with any direction given by —
a
the joint committee;
b
the chair of the joint committee, so far as such direction is not inconsistent with any direction given under sub-paragraph (a).
2
Subject to any direction given in accordance with paragraph (1), at least seven clear days in advance the clerk must give to each member of the joint committee and to the head teachers and principals of the collaborating bodies (whether or not they are members of the joint committee) —
a
written notice of the meeting,
b
a copy of the agenda for the meeting, and
c
any reports or other papers to be considered at the meeting,
provided that where the chair of the joint committee so determines on the ground that there are matters demanding urgent consideration, it will be sufficient if the written notice of the meeting states that fact and the notice, agenda and reports or other papers to be considered at the meeting are given within such shorter period as he directs.
3
The proceedings of a joint committee are not invalidated by —
a
any vacancy among its number; or
b
any defect in the appointment of any member of the joint committee.
4
No vote on any matter may be taken at a meeting of a joint committee unless the majority of members of the joint committee present are members of a collaborating body.
5
Every question to be decided at a meeting of a joint committee must be determined by a majority of the votes of the members of the joint committee present and voting on the question.
6
Where there is an equal division of votes the person who is acting as chair for the purposes of the meeting has a second or casting vote, provided that person is a member of a collaborating body.
Restrictions on persons taking part in proceedings
9
1
In this regulation and in the Schedule “relevant person” means a member of the joint committee, a head teacher or a principal of a collaborating body (in each case, whether or not he is a member of the joint committee) or the clerk to the joint committee.
2
Subject to paragraph (4), where —
a
in relation to any matter there may be a conflict between the interests of a relevant person and the interests of a collaborating body;
b
a fair hearing is required and there is any reasonable doubt about a relevant person’s ability to act impartially in relation to any matter; or
c
a relevant person has a pecuniary interest in any matter,
that person, if present at a meeting of the joint committee at which the matter is the subject of consideration, must disclose his interest, withdraw from the meeting and not vote on the matter in question.
3
Nothing in this regulation or in the Schedule shall be construed as precluding —
a
the joint committee from —
i
allowing a person who appears to them to be able to give evidence to attend any hearing conducted by them into any matter and to present his evidence; or
ii
hearing representations from a relevant person acting in a capacity other than that of a relevant person;
b
a relevant person from entering into a contract with a collaborating body from which he is entitled to profit.
4
A person who is acting as the clerk to a meeting of the joint committee is not required to withdraw from a meeting by this regulation or the Schedule unless his appointment to office, his remuneration, or disciplinary action against him is the subject of consideration, but if this regulation or the Schedule would have otherwise required him to withdraw, he must not act in any capacity other than that of clerk.
5
Where there is any dispute as to whether a relevant person is required by this regulation to withdraw from a meeting of the joint committee and not vote that question must be determined by the other members of the joint committee present at the meeting.
6
The Schedule makes provision for pecuniary interests and other specified conflicts of interest.
Minutes
10
1
Minutes of the proceedings of a meeting of a joint committee must be drawn up by the clerk or by the person acting as the clerk for the purposes of the meeting and must be signed (subject to the approval of the joint committee) by the chair of the next meeting of the joint committee.
2
Subject to paragraph (3) the joint committee must as soon as reasonably practicable —
a
make available for inspection at the request of any interested person, and
b
give to the collaborating bodies
a copy of the agenda and signed minutes or the draft minutes, if they have been approved by the chair, for every meeting and any report or other paper considered at the meeting.
3
The joint committee may exclude from any item required to be made available in pursuance of paragraph (2) any material relating to —
a
a named person who works, or who it is proposed should work, for a collaborating body;
b
a named pupil or student at, or candidate for admission to, a collaborating body;
c
any other matter that, by reason of its nature, the joint committee is satisfied should remain confidential.
Jim Knight
Minister of State
Department for Education and Skills
25th April 2007


text:
Citation and commencement
1
These Regulations may be cited as the Asylum Support (Amendment) Regulations 2007 and shall come into force on 9th April 2007.
Amendment of regulation 3(3) of the Asylum Support Regulations 2000
2
In regulation 3(3) of the Asylum Support Regulations 2000 (“the 2000 Regulations ”) delete “; and any form so issued shall be the form shown in the Schedule to these Regulations or a form to the like effect”.
Kind and levels of support for essential living needs
3
For the table at regulation 10(2) of the 2000 Regulations substitute:
Table
Qualifying couple £64.96 Lone parent aged 18 or over £41.41 Single person aged 25 or over £41.41 Single person aged at least 18 but under 25 £32.80 Person aged at least 16 but under 18 (except a member of a qualifying couple) £35.65 Person aged under 16 £47.45
.
Revocation of the Schedule to the 2000 Regulations
4
The Schedule to the 2000 Regulations is revoked.
Revocation of the Asylum Support (Amendment) Regulations 2006
5
The Asylum Support (Amendment) Regulations 2006 are revoked.
Liam Byrne
Minister of State
Home Office
15th March 2007


text:
Citation and commencement
1
These Regulations may be cited as the Early Years Foundation Stage (Welfare Requirements) Regulations 2007 and come into force on 1st September 2008.
Interpretation
2
In these Regulations —
“ the Act ” means the Childcare Act 2006;
“ the Document ” means the Document entitled “Statutory Framework for the Early Years Foundation Stage” published by the Secretary of State .
Specification of the welfare requirements
3
1
Regulations 7 and 8 specify welfare requirements under section 39(1)(b) of the Act.
2
It is directed that the provisions in Section 3 of the Document have effect for the purposes of specifying the welfare requirements under section 39(1)(b) of the Act.
3
Early years providers to whom section 40 of the Act applies must have regard to the guidance in Section 3 of the Document in securing that the early years provision they provide complies with the welfare requirements.
Requirement on Chief Inspector
4
The Chief Inspector must have regard to the welfare requirements specified in regulation 3 and the guidance in Section 3 of the Document in exercising her functions under Part 3 of the Act.
Matters to be considered by the Chief Inspector
5
Any allegation that an early years provider has —
a
failed to meet the welfare requirements; or
b
failed to have regard to the guidance in Section 3 of the Document
may be taken into account by the Chief Inspector in the exercise of her functions under Part 3 of the Act.
Proceedings under Part 3 of the Act
6
Any allegation that an early years provider has —
a
failed to meet the welfare requirements; or
b
failed to have regard to the guidance in Section 3 of the Document
may be taken into account in any proceedings under Part 3 of the Act.
Welfare of children: prohibition on corporal punishment
7
1
An early years provider must not use corporal punishment on a child for whom he provides early years provision and, so far as is reasonably practicable, must ensure that corporal punishment is not used on any such child by —
a
any person who cares for, or is in regular contact with, children; or
b
any person living or working on the premises on which the early years provision is provided.
2
A person will not be taken to have used corporal punishment for the purposes of paragraph (1) if the action was taken for reasons that include averting an immediate danger of personal injury to, or an immediate danger of death of, any person (including the child himself).
3
For the purposes of paragraphs (1) and (2) above, “corporal punishment” means anything done for the purpose of punishing the child (whether or not there are other reasons for doing it) which, absent any justification, would constitute battery.
Provision of information
8
1
An early years provider must notify the Chief Inspector of the occurrence of any of the events set out in the Schedule to these Regulations and must at the same time provide her with the information specified in that Schedule in respect of that event.
2
Notification must be made —
a
where it is reasonably practicable to do so, in advance of the event occurring; and
b
in all other cases as soon as reasonably practicable, but in any event within 14 days of the event occurring.
Failure to comply with welfare requirements notice
9
1
Where the Chief Inspector considers that an early years provider to whom section 40 applies has failed or is failing to comply with the welfare requirements she may give a notice to the early years provider specifying —
a
in what respect that early years provider has failed or is failing to comply with those requirements;
b
where appropriate —
i
what action the early years provider should take to comply; and
ii
the period within which that early years provider should take that action, such period to begin with the date of the notice.
2
The early years provider must comply with the terms of the notice within the period specified in that notice.
3
A notice under this regulation must be given in accordance with regulation 10.
Service of the welfare requirements notice
10
1
A notice may be given to an early years provider by the Chief Inspector —
a
by delivering it to him,
b
by sending it by post,
c
subject to paragraph (2), by transmitting it electronically.
2
If the notice is transmitted electronically, it is to be treated as given only if the following requirements are met —
a
the person upon whom the notice is required or authorised to be given must have indicated to the Chief Inspector his willingness to receive notices transmitted by electronic means and must have provided an address suitable for that purpose; and
b
the notice must be sent to the address provided by him.
3
An indication given for the purposes of paragraph (2) must be given for the purpose of the service of notices under this regulation.
4
For the purposes of section 7 of the Interpretation Act 1978 (references to service by post) a notice under this regulation is to be treated as properly addressed if it is addressed to the early years provider at the address notified to the Chief Inspector as the address to which correspondence to him should be sent.
Offence
11
1
An early years provider who, without reasonable excuse, fails to comply with the requirements of regulation 7(1), 8 or 9(2) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Proceedings under this regulation may only be taken by the Chief Inspector, and only after she has afforded an opportunity, during a period not exceeding one month, within which the early years provider may make representations.
Beverley Hughes
Minister of State
Department for Education and Skills
20th June 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Accession (Immigration and Worker Authorisation) (Amendment) Regulations 2007 and shall come into force on 16th March 2007.
2
In these Regulations “ 2006 Accession Regulations ” means the Accession (Immigration and Worker Authorisation) Regulations 2006 .
Amendment of the 2006 Accession Regulations
2
1
The 2006 Accession Regulations are amended as follows.
2
In regulation 2 (“Accession State national subject to worker authorisation”) —
a
for paragraph (2) substitute —
2
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation if on 31st December 2006 he had leave to enter or remain in the United Kingdom under the 1971 Act that was not subject to any condition restricting his employment or he is given such leave after that date.
;
b
for paragraph (8)(b) substitute —
b
a national of Bulgaria or Romania who is not an accession State national subject to worker authorisation solely by virtue of falling within paragraph (10) or (10B).
;
c
for paragraph (10) substitute —
10
A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is in the United Kingdom as a student and —
a
holds a registration certificate that includes a statement that he is a student who may work in the United Kingdom whilst a student in accordance with the condition set out in paragraph (10A); and
b
complies with that condition.
10A
The condition referred to in paragraph (10) is that the student shall not work for more than 20 hours a week unless —
a
he is following a course of vocational training and is working as part of that training; or
b
he is working during his vacation.
10B
A national of Bulgaria or Romania who ceases to be a student at the end of his course of study is not an accession State national subject to worker authorisation during the period of four months beginning with the date on which his course ends provided he holds a registration certificate that was issued to him before the end of the course that includes a statement that he may work during that period.
;
d
in paragraph (12)(b)(i), for “(10)” substitute “(10B)”.
3
In regulation 3 (authorised family member), for paragraph (1)(b) substitute —
b
a national of Bulgaria or Romania who is not an accession State national subject to worker authorisation solely by virtue of falling within paragraph (10) or (10B) of regulation 2.
.
4
In regulation 7 (issuing of registration certificates etc ) —
a
in paragraph (3), after “accession State national subject to worker authorisation” insert “(other than solely by virtue of falling within paragraph (10) or (10B) of regulation 2)”;
b
in paragraph (5)(b), for “regulation 2(10)” substitute “paragraph (10) or (10B) of regulation 2”;
c
in paragraph (6), for “has access to the United Kingdom labour market for 20 hours a week” substitute “may work in the United Kingdom whilst a student in accordance with the condition set out in regulation 2 (10A) and who, on ceasing to be a student, may work during the period referred to in regulation 2(10B)”.
5
In regulation 12(2) (unauthorised employment of accession State national – employer offence), for sub-paragraph (b) substitute —
b
the registration certificate contained a statement that the worker is a student who may work in the United Kingdom whilst a student in accordance with the condition set out in regulation 2(10A) and who, on ceasing to be a student, may work during the period referred to in regulation 2(10B), and the employer has not employed that worker otherwise than in accordance with that condition or during that period.
.
Amendment of the Accession (Immigration and Worker Registration) Regulations 2004
3
In regulation 2(6)(b) of the Accession (Immigration and Worker Registration) Regulations 2004 , for sub-paragraph (iii) substitute —
iii
an accession State national subject to worker authorisation or a national of Bulgaria or Romania who is not an accession State national subject to worker authorisation solely by virtue of falling within paragraph (10) or (10B) of regulation 2 of the 2006 Accession Regulations.
.
Transitional provisions
4
1
For the purpose of regulations 2(10) and (10B) and 12(2) of the 2006 Accession Regulations, as amended by these Regulations, a statement in a registration certificate issued before 16th March 2007 that the holder of the certificate is a student who has access to the United Kingdom labour market for 20 hours a week, shall, on or after that date, be treated as if it were a statement that the holder of the certificate is a student who may work in the United Kingdom whilst a student in accordance with the condition set out in regulation 2 (10A) of those Regulations and who, on ceasing to be a student, may work during the period referred to in regulation 2(10B) of those Regulations.
2
In paragraph (1) “registration certificate” and “student” shall be interpreted in accordance with regulation 1(2)(o) and (s) of the 2006 Accession Regulations respectively.
Liam Byrne
Minister of State
Home Office
20th February 2007


text:
Citation and commencement
1
These Regulations may be cited as the Education (School Improvement Partner) (England) Regulations 2007 and come into force on 8th February 2007.
Interpretation
2
In these Regulations —
“school” in relation to a local education authority means a maintained school which is maintained by the local education authority; and
“school improvement partner” means a person appointed pursuant to section 5 of the Education and Inspections Act 2006.
Persons engaged before 8th February 2007 to be treated as school improvement partners
3
Any person who is engaged or employed by a local education authority before 8th February 2007 is to be treated as having been appointed as a school improvement partner where —
a
he is appointed, in relation to any school or schools, for the purposes of providing advice to the governing body and head teacher of the school with a view to improving standards at the school; and
b
he is for the time being accredited for those purposes by the Secretary of State, or the National College for School Leadership .
Jim Knight
Minister of State
Department for Education and Skills
7th January 2007


text:
Citation and Commencement
1
1
These Regulations may be cited as the Education (Supply of Information about the School Workforce) (England) Regulations 2007 and come into force on 25th May 2007.
2
These Regulations apply in relation to schools and authorities in England.
Interpretation
2
1
In these Regulations —
the 1996 Act ” means the Education Act 1996 ;
“the 2002 Act ” means the Education Act 2002 ;
“the 2005 Act ” means the Education Act 2005;
“the 2003 Regulations ” means the Education (Specified Work and Registration) (England) Regulations 2003 ;
“ A level ” means the General Certificate of Education advanced level examination;
“ authority ” means a children’s services authority in England;
“census date” means the date specified in a request for information made under these Regulations;
“census period” means the period specified in a request for information made under these Regulations;
“ the Document ” means a document by reference to which provision for the remuneration and other conditions of employment of school teachers is made in an order made by the Secretary of State under section 122 of the 2002 Act;
“qualified teacher” means a teacher who is qualified in accordance with section 132 of the 2002 Act;
“teacher” means a person who provides primary or secondary education under a contract of employment or for service and where the contract requires him to carry out work of a kind which is specified by regulations under section 133(1) of the 2002 Act;
2
In these Regulations, a “teaching assistant” means a person who carries out work under paragraph 10 of Schedule 2 to the 2003 Regulations.
Persons to whom a school proprietor or an authority may be required to supply information
3
For the purposes of section 114(2)(c) of the 2005 Act, an authority is a prescribed person.
Provision of information to authorities by schools maintained by them
4
On receiving a request from the authority by which a school is maintained, the proprietor of that school must provide to that authority such information referred to in Schedule 1 to these Regulations as is so requested concerning each qualifying worker or qualifying trainee employed at or otherwise engaged to work at that school.
Provision of information by authorities to the Secretary of State
5
Within twenty-seven days of receiving a request from the Secretary of State, an authority must provide him such information referred to in Schedule 1 as has been supplied to that authority under regulation 4 or concerning each qualifying worker or qualifying trainee employed or otherwise engaged by that authority, as is so requested.
Provision of information by Academies, city technology colleges, city colleges for the technology of the arts to the Secretary of State
6
Within twenty-seven days of receiving a request from the Secretary of State, the proprietor of an Academy, a city technology college or a city college for the technology of the arts must provide him such of the information referred to in Schedule 1 to these Regulations as is so requested in respect of qualifying workers or qualifying trainees employed or otherwise engaged to work at that school.
Persons to whom the Secretary of State may supply information for qualifying purposes
7
1
For the purposes of section 114(3) of the 2005 Act, the persons referred to in paragraph (2) are prescribed persons.
2
The persons referred to in paragraph (1) are —
a
the Local Government Association;
b
Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
c
the Qualifications and Curriculum Authority ;
d
the Learning and Skills Council for England ;
e
the Audit Commission for Local Authorities and the National Health Service in England and Wales ;
f
the National College for School Leadership ;
g
the Office of Manpower Economics ;
h
the Training and Development Agency for Schools ;
i
the General Teaching Council for England ;
j
an authority;
k
Service Children’s Education ;
l
the proprietor of a school; and
m
persons conducting research relating to qualifying workers or qualifying trainees which may be expected to be of public benefit.
Supply by the Secretary of State of information to persons who lawfully held or could have required the supply of that information
8
1
For the purposes of section 114(6) of the 2005 Act, the persons referred to in paragraph (2) are prescribed persons.
2
The persons referred to in paragraph (1) are —
a
an authority;
b
the proprietor of the school at which —
i
the qualifying worker works or is due to start working;
ii
the qualifying trainee is training or is due to start training;
c
the General Teaching Council for England;
d
the Training and Development Agency for Schools; and
e
Her Majesty’s Chief Inspector of Education, Children’s Services and Skills.
Prohibition on further disclosure
9
No person to whom information is supplied by virtue of these Regulations may further disclose that information other than pursuant to an order of the court, an enactment or rule of law.
Effect of section 497 of the 1996 Act
10
Section 497 of the 1996 Act is, in relation to the duties imposed by these Regulations to have effect as if the reference in subsection (2)(a) of that section to a local education authority were a reference to an authority.
Jim Knight
Minister of State
Department for Education and Skills
17th April 2007


text:
1
This Order may be cited as the Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 and shall come into force on the expiry of two months beginning with the day on which it is made.
2
Sections 58 to 74 of the Anti-terrorism, Crime and Security Act 2001 apply to the animal pathogens of a description set out in Schedule 5 to that Act, as modified by the Schedule to this Order, subject to the modifications set out in the Schedule to this Order.
Tony McNulty
Minister of State
Home Office
19th March 2007


text:
1
This Order may be cited as the A46 Trunk Road (A46/M40 Junction 15 (Longbridge) Bypass) (Detrunking) Order 2007. and shall come into force on 1st February 2008.
2
In this Order —
i
“the new trunk roads” means the new highways which the Secretary of State proposes to construct referred to in article 2(2)(ii) of the A46 Trunk Road (A46/M40 Junction 15 (Longbridge) Bypass) Order 2007 ; and
ii
“the trunk road” means the Stratford to Warwick Trunk Road (A46).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road from the date on which the Secretary of State notifies the Warwickshire County Council that the new trunk roads are open for traffic.
Signed by authority of the Secretary of State for Transport
R Wallis
A Divisional Director Highways Agency
19th December 2007


text:
Citation and interpretation
1
1
This Order may be cited as the Finance Act 2007 (Sections 82 to 84 and Schedule 23) (Commencement) Order 2007.
2
In this Order “the 2007 Act ” means the Finance Act 2007.
Commencement
2
The following provisions of the 2007 Act shall come into force on 8th November 2007 —
a
section 82 (criminal investigations: powers of Revenue and Customs);
b
section 83 (Northern Ireland investigations); and
c
section 84 (sections 82 and 83:supplementary), other than subsection 4.
3
The following provisions of the 2007 Act shall come into force on 1st December 2007 —
a
section 84(4); and
b
Schedule 23.
Dave Watts
Steve McCabe
Two of the Lord’s Commissioners of Her Majesty’s Treasury
7th November 2007


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Real Estate Investment Trusts (Financial Statements of Group Real Estate Investment Trusts) (Amendment) Regulations 2007 and shall come into force on 7th January 2008.
2
These Regulations have effect in relation to accounting periods —
a
beginning on or after 1st January 2008, and
b
ending on or after the day on which these Regulations come into force.
Amendments to the principal Regulations
2
The Real Estate Investment Trusts (Financial Statements of Group Real Estate Investment Trusts) Regulations 2006 are amended as follows.
Substitution of regulation 7
3
For regulation 7 (treatment of certain exceptional items) substitute —
Treatment of certain exceptional items
7
1
This regulation applies to the items specified in sub-paragraphs (ii) and (iii) of section 108(2)(b) (the “specified items”).
2
The financial statement for G (property rental business) for an accounting period and the financial statement for G (residual) for an accounting period must show the specified items.
3
For the purposes of paragraph 7 of Schedule 17 (which modifies section 108 (conditions for balance of business)), the specified items are excluded from —
a
the amount of the income, expenses and profits accruing from any business, and
b
the amount of the assets involved in any business.
.
Substitution of regulation 9
4
For regulation 9 (joint ventures) substitute —
Joint ventures
9
1
This regulation applies if —
a
a member of a group (the “venturing group”) is a venturer in a joint venture, and
b
notice has been given —
i
in accordance with the Joint Ventures Regulations for those Regulations to apply to the joint venture, or
ii
in accordance with the Real Estate Investment Trusts (Joint Venture Groups) Regulations 2007 for those Regulations to apply to the joint venture.
2
If the joint venture takes the form of a company, the joint venture must be treated, for accounting purposes, as a member of the venturing group for the purposes of the financial statements specified in regulation 4(2).
3
If the joint venture takes the form of another group (“the joint venture group”), the principal company of the venturing group must reflect the relevant information in its financial statements.
4
In paragraph (3) the “relevant information” means the information specified in sub-paragraphs (3) and (4) of paragraph 31 as set out in the financial statements of the principal company of the joint venture group.
.
Dave Hartnett
Mike Hanson
Two of the Commissioners for Her Majesty’s Revenue and Customs
14th December 2007


text:
Citation and commencement
1
This Order may be cited as the Scottish Parliament (Elections etc.) (Amendment) Order 2007 and shall come into force on the day after the day on which it is made.
Amendment of the Scottish Parliament (Elections etc.) Order 2007
2
In rule 70 of Schedule 2 to the Scottish Parliament (Elections etc.) Order 2007 (orders for production of documents and records) after paragraph (7) insert–
7A
The Electoral Commission may require the production and opening of any sealed packet of ballot papers and of any sealed packet containing an electronic copy of information made pursuant to rule 68(1)(a), but only–
a
in connection with any review which they are conducting under section 6(2) of the 2000 Political Parties Act (whether instituted before or after the commencement of this sub-paragraph), and
b
if the request that they undertake that review includes a request that they examine ballot papers.
7B
In their scrutiny of any documents or records to which they have access by virtue of paragraph (7A) the Electoral Commission shall take care to ensure that the way in which a particular elector has given their vote is not ascertained and at the termination of their scrutiny the Electoral Commission shall reseal in their packets the documents and records, return them to the sheriff clerk and cause to be destroyed any copies made of the documents and records provided to them.
.
DES BROWNE
One of Her Majesty’s Principal Secretaries of State
Scotland Office
26th July 2007


text:
Citation, application and interpretation
1
1
This Order may be cited as the Mental Health Act 2007 (Commencement No. 3) Order 2007.
2
This Order extends to England and Wales.
3
In this Order, “ the Act ” means the Mental Health Act 2007.
Commencement of provisions
2
The following provisions of the Act shall come into force on 1 st October 2007 —
a
Section 19 (approval of courses etc for approved mental health professionals);
b
Section 20 (amendment to section 62 of Care Standards Act 2000 );
c
Section 39 (cross-border arrangements) , sub-section (1), and sub-section (2) insofar as it gives effect to the following paragraphs of Schedule 5 —
i
4 insofar as it inserts section 80D into the Mental Health Act 1983 ;
ii
7;
iii
8;
iv
9;
v
11;
vi
13;
vii
18(a);
viii
19; and
ix
21(2)(c);
d
Section 40 (restriction orders);
e
Section 41 (conditionally discharged patients subject to limitation directions);
f
Section 42 (offence of ill-treatment: increase in maximum penalty on conviction on indictment);
g
Section 46 (local health boards); and
h
Section 49 (independent mental capacity advocacy service: exceptions).
3
Section 26 (civil partners) shall come into force on 1 st December 2007.
4
Section 43 (informal admission of patients aged 16 or 17) shall come into force on 1 st January 2008.
Signed by authority of the Secretary of State
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
22nd September 2007


text:
1
This Order may be cited as the Salisbury College (Dissolution) Order 2007 and comes into force on 1st January 2008.
2
On 1st January 2008 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Wiltshire 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 the corporation immediately before 1st January 2008 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 2008;
c
to the transferor were to the corporation; and
d
to the corporation were to Wiltshire College.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
3rd December 2007