type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Legal Service (Financial) (Amendment No. 2) Regulations 2007 and come into force on 1st October 2007, save that regulation 5(b) of these Regulations comes into force on 1st January 2008.
2
In these Regulations —
a
a reference to a regulation by number alone is a reference to the regulation so numbered in the Community Legal Service (Financial) Regulations 2000 ; and
b
words and expressions used in these Regulations have the same meaning as in those Regulations.
Transitional Provisions
3
1
Subject to paragraph (2), these Regulations apply to applications for funded services made on or after 1st October 2007 and applications made before that date will be treated as if these Regulations had not been made.
2
These Regulations do not apply to applications for funded services where —
a
a client is in receipt of General Family Help on or after 1st October 2007; and
b
the funded services are extended to include Legal Representation on or after 1st October 2007.
Amendments to the Community Legal Service (Financial) Regulations 2000
4
In regulation 2 —
a
in paragraph (1) —
i
in the definition of “family proceedings”, for “Parts I, II and IV of the Children Act 1989” substitute “Parts I to V of the Children Act 1989 ”;
ii
after the definition of “immigration matter” insert —
“the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part
;
iii
delete the definitions of “the Independent Living Funds”, “the Independent Living Fund”, “the Independent Living (Extension) Fund” and “the Independent Living (1993) Fund”;
b
in paragraph (3)(e), for “Help with Mediation” substitute “Family Help (Lower)”;
c
in paragraph (3)(f), for “General Family Help” substitute “Family Help (Higher)”.
5
In regulation 3 —
a
in paragraph (1)(ca), for “General Family Help” substitute “Family Help (Lower)”;
b
for paragraph (1)(e) substitute —
e
Legal Help in potential proceedings or Legal Representation in proceedings or potential proceedings before a Mental Health Review Tribunal under the Mental Health Act 1983 , where the client’s case or application to the Tribunal is, or is to be, the subject of the proceedings;
.
6
In regulation 19(h), for “Independent Living Funds” substitute “Independent Living Fund (2006)”.
7
In regulation 31(1)(b), for “General Family Help” substitute “Family Help (Higher)”.
8
In regulations 32A, 36, 37 and 38, in all places where it appears, for “General Family Help” substitute “Family Help (Higher)”.
9
In regulation 42 —
a
after the definition of “recovered” insert —
“settlement fee” means the separate fee payable in addition to the standard fee which a supplier may claim in accordance with the unified contract where a case settles under Family Help (Lower);
“standard fee” means the basic fee payable for the relevant category of law in accordance with the unified contract;
b
after the definition of “success fee” insert —
“supplier” means a party to the unified contract other than the Commission;
“unified contract” means the contract between the Commission and a supplier for the provision of funded services which consists of the contract document, the schedule, the contract standard terms and the specification.
.
10
In regulation 43 —
a
in paragraph (1), after “(4)” insert “, (4A)”;
b
for paragraphs (3) and (4) substitute —
3
Subject to paragraphs (4) or (4A), the amount of the statutory charge must not include sums expended by the Commission in funding any of the following services —
a
Legal Help:
b
Help at Court;
c
Family Mediation; or
d
Family Help (Lower).
4
Where the client receives Family Help (Higher) or Legal Representation in connection with a dispute or proceedings for which Legal Help, Help at Court or Family Help (Lower) was also granted, the amount of the statutory charge —
a
will include the sums expended by the Commission under paragraph (3)(a), (b) or (d);
b
will not include any settlement fee paid in relation to family proceedings.
4A
Where the cost of the funded services provided for a client under Family Help (Lower) exceeds the level which would otherwise have qualified for a standard fee, the amount of the statutory charge —
a
will include the sums expended by the Commission under paragraph (3)(a) and (d) which exceed the level which would otherwise have qualified for a standard fee;
b
will not include any settlement fee paid in relation to family proceedings.
.
11
In regulation 45, in both places where it appears, for “ or Help at Court” insert “, Help at Court or Family Help (Lower)”.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under-Secretary of State
Ministry of Justice
9th August 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Claims and Information) Regulations 2007 and shall come into force on 31st October 2007.
2
In regulations 4 and 5 “the Administration Act ” means the Social Security Administration Act 1992.
3
In regulations 2 to 4 —
“specified benefit” means one or more of the following benefits —
attendance allowance;
bereavement allowance;
bereavement payment;
carer’s allowance;
disability living allowance;
incapacity benefit;
income support;
jobseeker’s allowance;
retirement pension;
state pension credit;
widowed parent’s allowance;
winter fuel payment;
“the Secretary of State” includes persons providing services to the Secretary of State;
“local authority” includes persons providing services to a local authority and persons authorised to exercise any function of a local authority relating to housing benefit or council tax benefit.
Use of social security information: local authorities
2
1
This regulation applies where social security information held by a local authority was supplied by the Secretary of State to the local authority and this information —
a
was used by the Secretary of State in connection with a person’s claim for, or award of, a specified benefit; and
b
is relevant to that person’s claim for, or award of, council tax benefit or housing benefit.
2
The local authority must, for the purposes of the person’s claim for, or award of, council tax benefit or housing benefit, use that information without verifying its accuracy.
3
Paragraph (2) does not apply where —
a
the information is supplied more than twelve months after it was used by the Secretary of State in connection with a claim for, or an award of, a specified benefit; or
b
the information is supplied within twelve months of its use by the Secretary of State but the local authority has reasonable grounds for believing the information has changed in the period between its use by the Secretary of State and its supply to the local authority; or
c
the date on which the information was used by the Secretary of State cannot be determined.
Use of social security information: Secretary of State
3
1
This regulation applies where social security information held by the Secretary of State was supplied by a local authority to the Secretary of State and this information —
a
was used by the local authority in connection with a person’s claim for, or award of, council tax benefit or housing benefit; and
b
is relevant to that person’s claim for, or award of, a specified benefit.
2
The Secretary of State must, for the purposes of the person’s claim for, or award of, a specified benefit, use that information without verifying its accuracy.
3
Paragraph (2) does not apply where —
a
the information is supplied more than twelve months after it was used by a local authority in connection with a claim for, or an award of, council tax benefit or housing benefit; or
b
the information is supplied within twelve months of its use by the local authority but the Secretary of State has reasonable grounds for believing the information has changed in the period between its use by the local authority and its supply to the Secretary of State; or
c
the date on which the information was used by the local authority cannot be determined.
Social security information verified by local authorities
4
1
This regulation applies where social security information is verified by a local authority by virtue of regulations made under section 7A(2)(e) of the Administration Act and forwarded by that local authority to the Secretary of State.
2
The Secretary of State must, for the purposes of a person’s claim for, or award of, a specified benefit, use this information without verifying its accuracy.
3
Paragraph (2) does not apply where —
a
the Secretary of State has reasonable grounds for believing the social security information received from the local authority is inaccurate; or
b
the Secretary of State receives the information more than four weeks after it was verified by the local authority.
Specified benefits for the purpose of section 7B(3) of the Administration Act
5
The benefits specified for the purpose of section 7B(3) of the Administration Act are —
a
a “specified benefit” within the meaning given in regulation 1(3);
b
housing benefit; and
c
council tax benefit.
Amendment of the Social Security (Claims and Payments) Regulations 1987
6
1
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
2
In regulation 4 (making a claim for benefit) —
a
in paragraph (6A) —
i
for “Paragraphs (6B) and (6C) apply in relation to a person” substitute “This paragraph applies to a person”;
ii
for sub-paragraphs (c) and (d) substitute —
c
who makes a claim for income support; or
d
who has not attained the qualifying age and who makes a claim for a carer’s allowance, disability living allowance or incapacity benefit.
; and
b
in paragraph (6B) , for sub-paragraph (b) substitute —
b
the offices of —
i
a local authority administering housing benefit or council tax benefit,
ii
a county council in England,
iii
a person providing services to a person mentioned in head (i) or (ii),
iv
a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit, or
v
a person authorised to exercise any function a county council in England has under section 7A of the Social Security Administration Act 1992,
if the Secretary of State has arranged with the local authority, county council or other person for them to receive claims in accordance with this sub-paragraph,
; and
c
in paragraph (6C) , after sub-paragraph (c) insert —
cc
may verify any non-medical information or evidence supplied or obtained in accordance with sub-paragraph (b) or (c) and shall forward it to the Secretary of State as soon as reasonably practicable;
.
3
In regulation 4D (making a claim for state pension credit) —
a
for paragraph (4) substitute —
4
A claim made in writing may also be made at the offices of —
a
a local authority administering housing benefit or council tax benefit;
b
a county council in England;
c
a person providing services to a person mentioned in sub-paragraph (a) or (b);
d
a person authorised to exercise any functions of a local authority relating to housing benefit or council tax benefit; or
e
a person authorised to exercise any function a county council in England has under section 7A of the Social Security Administration Act 1992,
if the Secretary of State has arranged with the local authority, county council or other person for them to receive claims in accordance with this paragraph.
; and
b
in paragraph (5) , after sub-paragraph (c) insert —
cc
may verify any non-medical information or evidence supplied or obtained in accordance with sub-paragraph (b) or (c) and shall forward it to the Secretary of State as soon as reasonably practicable;
.
4
In regulation 6(1E) (claims for incapacity benefit), omit “who has attained the qualifying age”.
5
After regulation 32A (information given electronically) insert —
Information relating to awards of benefit
32B
1
Where an authority or person to whom paragraph (2) applies has arranged with the Secretary of State for the authority or person to receive claims for a specified benefit or obtain information or evidence relating to claims for a specified benefit in accordance with regulation 4 or 4D, the authority or person may —
a
receive information or evidence which relates to an award of that benefit and which is supplied by —
i
the person to whom the award has been made; or
ii
other persons in connection with the award,
and shall forward it to the Secretary of State as soon as reasonably practicable;
b
verify any information or evidence supplied; and
c
record the information or evidence supplied and hold it (whether as supplied or recorded) for the purpose of forwarding it to the Secretary of State.
2
This paragraph applies to —
a
a local authority administering housing benefit or council tax benefit;
b
a county council in England;
c
a person providing services to a person mentioned in sub-paragraph (a) or (b);
d
a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit;
e
a person authorised to exercise any function a county council in England has under section 7A of the Social Security Administration Act 1992.
3
In paragraph (1), “specified benefit” means one or more of the following benefits —
a
attendance allowance;
b
bereavement allowance;
c
bereavement payment;
d
carer’s allowance;
e
disability living allowance;
f
incapacity benefit;
g
income support;
h
jobseeker’s allowance;
i
retirement pension;
j
state pension credit;
k
widowed parent’s allowance;
l
winter fuel payment.
.
Amendment of the Housing Benefit Regulations 2006
7
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 83 (time and manner in which claims are to be made) —
a
after paragraph (4)(f) add —
g
may be sent or delivered to the offices of a county council in England if the council has arranged with the relevant authority for claims to be received at their offices (“county offices”).
; and
b
in paragraph (5)(d) and (e), after “authorised office” in each place insert “, county offices”.
3
In regulation 108 (interpretation) —
a
before the definition of “local authority” insert —
“county council” means a county council in England, but only if the council has made an arrangement in accordance with regulation 83(4)(g) or 109(3);
; and
b
in the definition of “relevant authority” after sub-paragraph (b) add —
or
a county council;
.
4
For regulation 109 (collection of information) substitute —
Collection of information
109
1
The Secretary of State, or a person providing services to him, may receive or obtain relevant information from —
a
persons making, or who have made, claims for housing benefit; or
b
other persons in connection with such claims.
2
In paragraph (1) references to persons who have made claims for housing benefit include persons to whom awards of benefit have been made on those claims.
3
Where a county council has made an arrangement with a local authority, or a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit, to receive and obtain information or evidence relating to claims for housing benefit, the council may receive or obtain the information or evidence from —
a
persons making claims for housing benefit; or
b
other persons in connection with such claims.
4
A county council may receive information or evidence relating to an award of housing benefit which is supplied by —
a
the person to whom the award has been made; or
b
other persons in connection with the award.
.
5
After regulation 109 insert —
Verifying information
109A
A relevant authority may verify relevant information supplied to, or obtained by, the authority in accordance with regulation 109.
.
6
For regulation 110 (recording and holding information) substitute —
Recording and holding information
110
A relevant authority which obtains relevant information or to whom such information is supplied —
a
shall make a record of such information; and
b
may hold that information, whether as supplied or obtained or recorded, for the purpose of forwarding it to the person or authority for the time being administering housing benefit.
.
7
In regulation 111 (forwarding of information) for sub-paragraph (b) substitute —
b
may, if the relevant authority is the Secretary of State or a person providing services to the Secretary of State, continue to hold a record of such information, whether as supplied or obtained or recorded, for such period as he considers appropriate.
.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
8
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 64 (time and manner in which claims are to be made) —
a
after paragraph (5)(f) add —
g
may be sent or delivered to the offices of a county council in England if the council has arranged with the relevant authority for claims to be received at their offices (“county offices”).
; and
b
in paragraph (6)(d) and (e), after “authorised office” in each place insert “, county offices”.
3
In regulation 89 (interpretation) —
a
before the definition of “local authority” insert —
“county council” means a county council in England, but only if the council has made an arrangement in accordance with regulation 64(5)(g) or 90(3);
; and
b
in the definition of “relevant authority”, after sub-paragraph (b) add —
or
a county council;
.
4
For regulation 90 (collection of information) substitute —
Collection of information
90
1
The Secretary of State, or a person providing services to him, may receive or obtain relevant information from —
a
persons making, or who have made, claims for housing benefit; or
b
other persons in connection with such claims.
2
In paragraph (1) references to persons who have made claims for housing benefit include persons to whom awards of benefit have been made on those claims.
3
Where a county council has made an arrangement with a local authority, or a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit, to receive and obtain information and evidence relating to claims for housing benefit, the council may receive or obtain the information or evidence from —
a
persons making claims for housing benefit; or
b
other persons in connection with such claims.
4
A county council may receive information or evidence relating to an award of housing benefit which is supplied by —
a
the person to whom the award has been made; or
b
other persons in connection with the award.
.
5
After regulation 90 insert —
Verifying information
90A
A relevant authority may verify relevant information supplied to, or obtained by, the authority in accordance with regulation 90.
.
6
For regulation 91 (recording and holding information) substitute —
Recording and holding information
91
A relevant authority which obtains relevant information or to whom such information is supplied —
a
shall make a record of such information; and
b
may hold that information, whether as supplied or obtained or recorded, for the purpose of forwarding it to the person or authority for the time being administering housing benefit.
.
7
In regulation 92 (forwarding of information) for sub-paragraph (b) substitute —
b
may, if the relevant authority is the Secretary of State or a person providing services to the Secretary of State, continue to hold a record of such information, whether as supplied or obtained or recorded, for such period as he considers appropriate.
.
Amendment of the Council Tax Benefit Regulations 2006
9
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In regulation 69 (time and manner in which claims are to be made) —
a
after paragraph (4)(f) add —
g
may be sent or delivered to the offices of a county council in England if the council has arranged with the relevant authority for claims to be received at their offices (“county offices”).
; and
b
in paragraph (5)(d) and (e), after “authorised office” in each place insert “, county offices”.
3
In regulation 91 (interpretation) —
a
before the definition of “local authority” insert —
“county council” means a county council in England, but only if the council has made an arrangement in accordance with regulation 69(4)(g) or 92(3);
; and
b
in the definition of “relevant authority” after sub-paragraph (b) add —
or
a county council;
.
4
For regulation 92 (collection of information) substitute —
Collection of information
92
1
The Secretary of State, or a person providing services to him, may receive or obtain relevant information from —
a
persons making, or who have made, claims for council tax benefit; or
b
other persons in connection with such claims.
2
In paragraph (1) references to persons who have made claims for council tax benefit include persons to whom awards of benefit have been made on those claims.
3
Where a county council has made an arrangement with a local authority, or a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit, to receive and obtain information and evidence relating to claims for council tax benefit, the council may receive or obtain the information or evidence from —
a
persons making claims for council tax benefit; or
b
other persons in connection with such claims.
4
A county council may receive information relating to an award of council tax benefit which is supplied by —
a
the person to whom an award has been made; or
b
other persons in connection with the award.
.
5
After regulation 92 insert —
Verifying information
92A
A relevant authority may verify relevant information supplied to, or obtained by, the authority in accordance with regulation 92.
.
6
For regulation 93 (recording and holding information) substitute —
Recording and holding information
93
A relevant authority which obtains relevant information or to whom such information is supplied —
a
shall make a record of such information; and
b
may hold that information, whether as supplied or obtained or recorded, for the purpose of forwarding it to the person or authority for the time being administering council tax benefit.
.
7
In regulation 94 (forwarding of information) for sub-paragraph (b) substitute —
b
may, if the relevant authority is the Secretary of State or a person providing services to the Secretary of State, continue to hold a record of such information, whether as supplied or obtained or recorded, for such period as he considers appropriate.
.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
10
1
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 53 (time and manner in which claims are to be made) —
a
after paragraph (4)(f) add —
g
may be sent or delivered to the offices of a county council in England if the council has arranged with the relevant authority for claims to be received at their offices (“county offices”).
;
b
in paragraph (5)(d) and (e) , after “authorised office” in each place insert “, county offices”.
3
In regulation 76 (interpretation) —
a
before the definition of “local authority” insert —
“county council” means a county council in England, but only if the council has made an arrangement in accordance with regulation 53(4)(g) or 77(3);
; and
b
in the definition of “relevant authority” after sub-paragraph (b) add —
or
a county council;
.
4
For regulation 77 (collection of information) substitute —
Collection of information
77
1
The Secretary of State, or a person providing services to him, may receive or obtain relevant information from —
a
persons making, or who have made, claims for council tax benefit; or
b
other persons in connection with such claims.
2
In paragraph (1) references to persons who have made claims for council tax benefit include persons to whom awards of benefit have been made on those claims.
3
Where a county council has made an arrangement with a local authority, or a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit, to receive and obtain information and evidence relating to a claim for council tax benefit, the council may receive or obtain the information or evidence from —
a
persons making claims for council tax benefit; or
b
other persons in connection with such claims.
4
A county council may receive information relating to an award of council tax benefit which is supplied by —
a
the person to whom the award has been made; or
b
other persons in connection with the award.
.
5
After regulation 77 insert —
Verifying information
77A
A relevant authority may verify relevant information supplied to, or obtained by, the authority in accordance with regulation 77.
.
6
For regulation 78 (recording and holding information) substitute —
Recording and holding information
78
A relevant authority which obtains relevant information or to whom such information is supplied —
a
shall make a record of such information; and
b
may hold that information, whether as supplied or obtained or recorded, for the purpose of forwarding it to the person or authority for the time being administering council tax benefit.
.
7
In regulation 79 (forwarding of information) for sub-paragraph (b) substitute —
b
may, if the relevant authority is the Secretary of State or a person providing services to the Secretary of State, continue to hold a record of such information, whether as supplied or obtained or recorded, for such period as he considers appropriate.
.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under Secretary of State,
Department for Work and Pensions
8th October 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Reinsurance Directive Regulations 2007 and come into force on 10th December 2007.
2
In these Regulations “ the Act ” means the Financial Services and Markets Act 2000 .
Amendments of primary and secondary legislation
2
1
Schedule 1 to these Regulations (which contains amendments to the Act) has effect.
2
Schedule 2 to these Regulations (which contains amendments to secondary legislation made under the Act) has effect.
3
Schedule 3 to these Regulations (which contains amendments to other primary legislation) has effect.
4
Schedule 4 to these Regulations (which contains amendments to other secondary legislation) has effect.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
19th November 2007


text:
1
This Order may be cited as the Pershore Group of Colleges (Designated Staff) Order 2007 and comes into force on 1st August 2007.
2
Those persons employed by the Pershore Group of Colleges immediately before 1st August 2007 to work at the Pershore Group of Colleges who are named in Parts 1 or 2 of the Schedule to this Order are designated for the purposes of section 26 of the Act.
3
The references to the corporation in section 26(2) and (3) of the Act are references to–
a
Warwickshire College, Royal Leamington Spa, Rugby and Moreton Morrell (“Warwickshire College”) in the case of those persons who are named in Part 1 of the Schedule to this Order; and
b
Herefordshire College of Technology in the case of those persons who are named in Part 2 of the Schedule to this Order.
Bill Rammell
Minister of State
Department for Education and Skills
21st June 2007


text:
Citation, commencement and application
1
1
This Order may be cited as the Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2007 and shall come into force on 21st August 2007.
2
This Order applies in relation to England only.
Amendment of Order
2
1
The Town and Country Planning (General Development Procedure) Order 1995 is amended as follows.
2
In article 2B(15) —
a
at the end of sub-paragraph (a) insert “or”; and
b
omit sub-paragraph (c) and “; or” preceding that sub-paragraph.
Signed by authority of the Secretary of State for
Communities and Local Government
Kay Andrews
Parliamentary Under-Secretary of State
Department for Communities and Local Government
26th June 2007


text:
Citation, commencement and application
1
1
This Order may be cited as the Fire and Rescue Services (England) (Amendment) Order 2007 and shall come into force on 31st October 2007.
2
This Order applies in relation to fire and rescue authorities in England only.
Amendments to Fire and Rescue Services (England) Order 2004
2
In the Schedule to the Fire and Rescue Services (England) Order 2004 (authorised charges), at the end, add —
14. Provision of administrative, professional or technical advice or services related to the operation of a regional fire control centre. A company to which the service is provided, the members of which comprise fire and rescue authorities in England (whether or not those include the authority providing the service) and whose objects include the operation of a regional fire control centre.
.
Signed by authority of the Secretary of State for Communities and Local Government
Parmjit Dhanda
Minister of State
Department for Communities and Local Government
19th September 2007


text:
1
This Order may be cited as the Virgin Islands (Territorial Sea) Order 2007 and shall come into force on 15th August 2007.
2
1
Except as otherwise provided in paragraph (2) of this article, the boundaries of the Virgin Islands are hereby extended to include, as territorial sea, that part of the sea which is situated within 12 nautical miles measured from the baselines as established by articles 3 and 4 of this Order, together with the seabed of the territorial sea and its subsoil.
2
The seaward limit of the territorial sea adjacent to the Virgin Islands between Point A and Point FF indicated in the Schedule to this Order shall consist of a series of geodesic lines joining, in the sequence given, Points A to FF indicated in the Schedule to this Order.
3
1
Except as otherwise provided in paragraph (2) of this article and in articles 4 and 5 below, the baseline from which the breadth of the territorial sea adjacent to the Virgin Islands is measured shall be the low-water line along the coast, including the coast of all islands comprised in the territory.
2
For the purposes of this article a low-tide elevation which lies wholly or partly within the breadth of sea which would be territorial sea if all low-tide elevations were disregarded for the purpose of the measurement of the breadth thereof shall be treated as an island.
4
1
In the case of the sea adjacent to a coast off which there are fringing reefs, the baseline from which the breadth of the territorial sea is measured shall be the seaward limit of the low-water line of the fringing reefs.
2
Where there is a break or passage through the fringing reefs referred to in paragraph (1) of this article, the baseline from which the breadth of the territorial sea is measured shall be a straight line joining the seaward entrance points of that break or passage.
5
In the case of the sea adjacent to a bay, the baseline from which the breadth of the territorial sea is measured shall —
a
if the bay has only one mouth and the distance between the low-water lines of the natural entrance points of the bay does not exceed 24 nautical miles, be a straight line joining the said low-water lines;
b
if, because of the presence of islands, the bay has more than one mouth and the distances between the low-water lines of the natural entrance points of each mouth added together do not exceed 24 nautical miles, be a series of straight lines across each of the mouths drawn so as to join the said low-water lines;
c
if neither paragraph (a) nor (b) of this article applies, be a straight line 24 nautical miles in length drawn from low-water line to low-water line within the bay in such manner as to enclose the maximum area of water that is possible with a line of that length.
6
In this Order —
a
“bay” means an indentation of the coast such that its area is not less than that of the semi-circle whose diameter is a line drawn across the mouth of the indentation, and for the purposes of this definition the area of an indentation shall be taken to be the area bounded by the low-water line around the shore of the indentation and the straight line joining the low-water lines of its natural entrance points, and where, because of the presence of islands, an indentation has more than one mouth the length of the diameter of the semi-circle referred to shall be the sum of the lengths of the straight lines drawn across each of the mouths, and in calculating the area of an indentation the area of any islands lying within it shall be treated as part of the area of the indentation;
b
“fringing reefs” means reefs attached directly to, or located in the immediate vicinity of, the coast or any coastal lagoon;
c
“island” means a naturally formed area of land surrounded by water which is above water at mean high-water spring tides;
d
“low-tide elevation” means a naturally formed area of drying land surrounded by water which is below water at mean high-water spring tides;
e
“straight line” means a geodesic; and
f
“nautical miles” means international nautical miles of 1,852 metres.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Radioactive Contaminated Land (Modification of Enactments) (England) (Amendment) Regulations 2007 and come into force on 10th December 2007.
Interpretation
2
In these Regulations “the 2006 Regulations ” means the Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006 .
Amendments
3
1
The 2006 Regulations are amended as follows.
2
For regulation 5, substitute —
Section 78A (preliminary)
5
1
Section 78A (preliminary) has effect with the following modifications.
2
For subsection (2), substitute —
2
“Contaminated land” is any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that —
a
harm is being caused; or
b
there is a significant possibility of harm being caused;
and in determining whether any land appears to be such land, a local authority shall, subject to subsection (5) below, act in accordance with guidance issued by the Secretary of State in accordance with section 78YA below with respect to the manner in which that determination is to be made.
2A
“Land contaminated by a nuclear occurrence” means land which is contaminated land by reason of the presence in, on or under that land of any substances, in so far as by reason of that presence damage to that land has occurred, being —
a
damage caused in breach of any duty imposed by section 7, 8, 9 or 10 of the 1965 Act , or deemed to be so caused by section 12(2) of that Act;
b
damage which would have been so caused or would have been deemed by section 12(2) of the 1965 Act to have been so caused if, in section 7(1)(a) or (b) of that Act, the words “other than the licensee” or, in section 10(1) of that Act, the words “other than that operator” had not been enacted; or
c
damage in respect of which any relevant foreign operator or other person is liable under any relevant foreign law, or for which he would be so liable —
i
but for any exclusion or limitation of liability applying by virtue of any provision of that law made for purposes corresponding to those of section 13(3) or (4)(a), 15, 16(1) and (2) or 18 of the 1965 Act; or
ii
if any such relevant foreign law which does not contain provision made for purposes corresponding to those of section 13(4)(b) of the 1965 Act did contain such provision.
.
3
For subsection (4), substitute —
4
“Harm” means lasting exposure to any person resulting from the after-effects of a radiological emergency, past practice or past work activity.
.
4
For subsection (5), substitute —
5
The questions —
a
whether harm is being caused, and
b
whether the possibility of harm being caused is “significant”,
shall be determined in accordance with guidance issued for the purpose by the Secretary of State in accordance with section 78YA below.
.
5
For subsection (6), substitute —
6
Without prejudice to the guidance that may be issued under subsection (5) above —
a
guidance under paragraph (a) of that subsection may make provision for different degrees and descriptions of harm;
b
guidance under paragraph (b) of that subsection may make provision for different degrees of possibility to be regarded as “significant” (or as not being “significant”) in relation to different descriptions of harm.
.
6
For subsection (7), substitute —
7
“Remediation” means —
a
the doing of anything for the purpose of assessing the condition of —
i
the contaminated land in question; or
ii
any land adjoining or adjacent to that land;
b
the doing of any works, the carrying out of any operations or the taking of any steps in relation to any such land for the purpose —
i
of preventing or minimising, or remedying or mitigating the effects of, any harm by reason of which the contaminated land is such land; or
ii
of restoring the land to its former state; or
c
the making of subsequent inspections from time to time for the purpose of keeping under review the condition of the land;
and cognate expressions shall be construed accordingly.
7A
For the purpose of paragraph (b) of subsection (7) above, “the doing of any works, the carrying out of any operations or the taking of any steps in relation to any such land” shall include ensuring that —
a
any such area is demarcated;
b
arrangements for the monitoring of the harm are made;
c
any appropriate intervention is implemented; and
d
access to or use of land or buildings situated in the demarcated area is regulated.
.
7
Subsection (8) is omitted.
8
In subsection (9) —
a
before the definition of “the appropriate Agency”, insert —
“the 1965 Act” means the Nuclear Installations Act 1965;
;
b
omit the definitions of “controlled waters” and “pollution of controlled waters”;
c
after the definition of “heritable security” insert —
“licensee”, “relevant foreign law” and “relevant foreign operator” have the meanings given by section 26(1) of the 1965 Act;
;
d
for the definition of “substance”, substitute —
“substance” means, whether in solid or liquid form or in the form of a gas or vapour, any substance which contains radionuclides which have resulted from the after-effects of a radiological emergency or which are or have been processed as part of a past practice or past work activity, but shall not include radon gas or the following radionuclides: Po-218, Pb-214, At-218, Bi-214, Rn-218, Po-214 and Tl-210;
; and
c
after the definition of “unitary authority”, insert —
and any other word or expression used both in this Part and in Council Directive 96/29/Euratom, laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation has the same meaning for the purposes of this Part as it has in that Directive.
.
.
3
For regulation 9, substitute —
Section 78F (determination of the appropriate person to bear responsibility for remediation)
9
1
Section 78F (determination of the appropriate person to bear responsibility for remediation) has effect with the following modifications —
a
after subsection (1), insert —
1A
In relation to any land contaminated by a nuclear occurrence, the Secretary of State is deemed to be the appropriate person.
;
b
for subsection (2), substitute —
2
Except where subsection (1A) applies and subject to the following provisions of this section, any person, or any of the persons, who caused or knowingly permitted the substances, or any of the substances, by reason of which the contaminated land in question is such land to be in, on or under that land is an appropriate person.
; and
c
in subsection (9), after “biological process”, insert “or radioactive decay”.
.
4
For regulation 11, substitute —
Section 78H (restrictions and prohibitions on serving remediation notices)
11
Section 78H (restrictions and prohibitions on serving remediation notices) has effect with the following modifications —
a
in subsection (4) omit “, or serious pollution of controlled waters,”; and
b
in paragraph (c) of subsection (5), after “the authority itself” insert “or the Secretary of State by virtue of section 78F(1A)”.
.
5
For regulation 14, substitute —
Section 78N (powers of the enforcing authority to carry out remediation)
14
1
Section 78N (powers of the enforcing authority to carry out remediation) has effect with the following modifications.
2
In subsection (1), omit “or waters”.
3
After subsection (1), insert —
1A
The enforcing authority shall exercise its power under subsection (1) in any case falling within paragraph (c), (d), (e), (f) or (g) of subsection (3).
1B
In relation to any land which is not land contaminated by a nuclear occurrence, the Secretary of State may make available to the enforcing authority a sum of money in respect of costs and expenses incurred or to be incurred by the enforcing authority (or by a person on its behalf) in relation to the exercise of its duty under subsection (1A) provided that —
a
the amount of such costs and expenses exceeds or is expected to exceed any reasonable provision for such costs and expenses made by the appropriate Agency; and
b
the total amount made available does not exceed the difference between the amount of such costs and expenses and the amount of such provision.
1C
In relation to any land contaminated by a nuclear occurrence, the Secretary of State shall make available to the enforcing authority a sum of money in respect of costs and expenses incurred or to be incurred by the enforcing authority (or by a person on its behalf) in relation to the exercise of its duty under subsection (1A).
.
4
In subsection (3) —
a
in paragraph (a), omit “, or serious pollution of controlled waters,”;
b
in paragraph (d), omit “78J or”; and
c
at the end of paragraph (f), insert —
;
g
where section 78F(1A) applies
.
5
In subsection (4)(d), omit “78J or”.
6
For subsection (5), substitute —
5
In this section “the relevant land” means —
a
the contaminated land in question; or
b
any land adjoining or adjacent to that land.
.
.
6
For regulation 17, substitute —
Section 78YB (interaction of Part 2A with other enactments)
17
1
Section 78YB (interaction of Part 2A with other enactments) has effect with the following modifications.
2
For subsection (1), substitute —
1
A remediation notice shall not be served if and to the extent that it appears to the enforcing authority that the powers of the appropriate Agency under section 27 above may be exercised in relation to the harm (if any) by reason of which the contaminated land in question is such land.
.
3
In subsections (2), (2A) and (2B), for “significant harm, or pollution of controlled waters” substitute “harm”.
4
After subsection (4) insert —
5
Nothing in this Part applies in respect of land which, except for this subsection, would otherwise fall to be regarded as contaminated land within a nuclear site.
6
Nothing in this Part applies in respect of land which, except for this subsection, would otherwise fall to be regarded as contaminated land on a site —
a
in respect of which there is no nuclear site licence in force; and
b
which is used by or on behalf of the Secretary of State for Defence for a purpose which, if section 1 of the 1965 Act applied to the Crown, would require the authority of a nuclear site licence in respect of that site.
7
Nothing in this Part applies in respect of land which, except for this subsection, would otherwise fall to be regarded as contaminated land if —
a
action is required to be taken by a local authority under paragraph (2) of regulation 13 (implementation of emergency plans) of the Radiation (Emergency Preparedness and Public Information) Regulations 2001; and
b
that action would for the purposes of Part 2A amount to remediation of the relevant land.
8
In this section —
“nuclear site” means any licensed site in respect of which, or part of which —
a nuclear site licence is for the time being in force; or
after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not come to an end; and
“licensed site”, “nuclear site licence” and, in relation to a licensee, “period of responsibility” have the meaning given by section 26(1) of the 1965 Act.
.
.
7
After regulation 18, insert —
Modification of the Contaminated Land (England) Regulations 2006
19
The Contaminated Land (England) Regulations 2006 apply with the modification that in regulation 7, after paragraph (1)(n) there is inserted —
na
that the enforcing authority itself has power, in a case falling within section 78N(3)(g), to do what is appropriate by way of remediation;
.
.
Revocations
4
Regulation 4 of, and the Schedule to, the 2006 Regulations are revoked.
Phil Woolas
Minister of State
Department for Environment, Food and Rural Affairs
12th November 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) Order 2007 and comes into force on 7th March 2007.
2
In this Order —
“designate” means designate for the purposes of section 2(2), and similar expressions are to be construed accordingly;
“Minister or department” means —
a Minister of the Crown or government department, including a Northern Ireland Minister or Northern Ireland department, or
the National Assembly for Wales;
“section 2(2)” means section 2(2) of the European Communities Act 1972;
“subordinate legislation” means orders, rules, regulations or schemes made under section 2(2).
Designation in relation to land contamination
2
Each of the following is designated in relation to the prevention and remedying of land contamination —
a
the Secretary of State,
b
any Northern Ireland department, and
c
the National Assembly for Wales.
Designation in relation to companies, etc.
3
Each of the following is designated in relation to the creation, operation, regulation or dissolution of companies and other forms of business organisation —
a
the Secretary of State, and
b
any Northern Ireland department.
Relationship with other designations
4
1
This Order does not restrict the scope of any designation made by any other Order.
2
Where —
a
a Minister or department is designated by this Order, and
b
any other Minister or department is designated in relation to the same matter by this or any other Order,
they may make subordinate legislation in relation to that matter jointly.
Restrictions
5
1
Articles 2(b) and 3(b) only designate Northern Ireland departments to make subordinate legislation that forms part of the law of Northern Ireland, except where the subordinate legislation is made jointly with a Minister or department other than a Northern Ireland Minister or Northern Ireland department.
2
Article 2(c) only designates the National Assembly for Wales to make subordinate legislation that applies in relation to Wales, except where the subordinate legislation is made jointly with another Minister or department.
3
In paragraph (2), “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006 .
Christine Cook
Deputy Clerk of the Privy Council


text:
1
This Order may be cited as the Severn Bridges Tolls Order 2007 and shall, in accordance with section 9(2)(b) of the Severn Bridges Act 1992 (in this Order referred to as “ the Act ”), come into force on 1st January 2008.
2
The tolls leviable in respect of vehicles within the categories referred to in section 8(1) of the Act using either of the bridges shall be as follows —
Category 1 vehicles £5.30 Category 2 vehicles £10.60 Category 3 vehicles £15.90
3
The Severn Bridges Tolls Order 2006 is hereby revoked.
Signed by authority of the Secretary of State for Transport
Rosie Winterton
Minister of State
Department for Transport
10th December 2007


text:
Citation and interpretation
1
1
This Order may be cited as the Children and Adoption Act 2006 (Commencement No. 1) Order 2007.
2
In this Order, “ the Act ” means the Children and Adoption Act 2006.
Appointed days
1
1
2nd August 2007 is the appointed day for the coming into force of the following provisions of the Act —
a
for the purpose of making regulations, section 11 (the special restrictions),
b
for the purpose of making regulations, section 12(1) and (7) (imposition of extra conditions in certain cases), and
c
section 14(3) (other amendments relating to adoptions from abroad).
2
1st October 2007 is the appointed day for the coming into force of the following provisions of the Act —
a
section 6 (provision as to family assistance orders),
b
section 7 (risk assessments),
c
section 14(1) and (2) (other amendments relating to adoptions from abroad), and
d
section 15(2) and Schedule 3 (repeals) in so far as they relate to section 16(3)(a) of the Children Act 1989 .
Kevin Brennan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
1st August 2007


text:
Title, commencement and application
1
1
This Order may be cited as the Tuberculosis (England) Order 2007 and comes into force on 6th April 2007.
2
This Order applies in England only.
Revocation
2
The Tuberculosis (England) Order 2006 is revoked.
Interpretation
3
In this Order —
“ the Act ” means the Animal Health Act 1981;
“affected animal” means —
a cow which is affected with tuberculosis of the udder or is giving tuberculous milk, or
a bovine animal which is affected with tuberculous emaciation or is excreting or discharging tuberculous material or is affected with a chronic cough or shows any other clinical sign of tuberculosis;
“approved collecting centre” has the meaning given by article 12(1)(c);
“approved disinfectant” means a disinfectant that is approved for use against bovine tuberculosis in accordance with the Diseases of Animals (Approved Disinfectants) Order 1978 ;
“approved finishing unit” has the meaning given by article 12(1)(b);
“bovine animal” means domestic cattle of the genus Bos , buffalo or bison;
“collecting centre” means premises, other than a market, used for the intermediate reception of animals intended to be moved elsewhere;
“exempt finishing unit” has the meaning given by article 12(1)(a);
“exempt market” has the meaning given by article 11(1);
“the Divisional Veterinary Manager” means the veterinary inspector appointed by the Secretary of State to receive notifications about animals or carcases affected or suspected of being affected with diseases, for the area in which the animal or carcase is located;
“finishing unit” means premises where bovine animals are fattened and from where they are sent to slaughter;
“keeper” means any person who owns or is responsible for a bovine animal whether on a permanent or temporary basis, but it does not include a person responsible for a bovine animal solely because he is transporting it;
“premises” includes land, with or without buildings;
“pre-movement test” means a skin test carried out in accordance with article 9(1);
“reactor” means a bovine animal that produces a reaction to a relevant test which is consistent with its being affected with tuberculosis;
“relevant test” means any diagnostic test for tuberculosis;
“skin test” means a single intradermal comparative cervical tuberculin test for tuberculosis;
“suspected animal” means a bovine animal that is suspected of being infected with tuberculosis, and includes a reactor;
“tuberculosis” means infection with Mycobacterium bovis ( M.bovis ).
Extension of definition of “disease” and power to slaughter on account of tuberculosis
4
For the purposes of the Act, the definition of “disease” in section 88(1) of the Act is extended so as to include tuberculosis, and section 32 of the Act (power to slaughter animals) applies to that disease.
Notification of disease in bovine animals
5
1
Any person who —
a
has in his possession or under his charge any bovine animal which he suspects is or may be an affected animal;
b
in the course of his practice as a veterinary surgeon, examines a bovine animal which he suspects is or may be an affected animal; or
c
in the course of his duties, inspects, for any purpose, a bovine animal which he suspects is or may be an affected animal,
must immediately notify the Divisional Veterinary Manager.
2
Any person who has in his possession or under his charge any bovine animal which he suspects is or may be an affected animal must, pending conclusion of the veterinary inquiry under article 7 and the service of any notice under that article, immediately —
i
detain that animal on the premises where it then is;
ii
isolate it as far as practicable from other bovine animals; and
iii
adopt precautions with respect to milk produced by that animal as if a notice under article 7 had already been served.
Notification of disease in carcases
6
1
Any person who —
a
has in his possession or under his charge any carcase that is affected with or suspected of being affected with tuberculosis;
b
in the course of his practice as a veterinary surgeon, examines a carcase that is affected with or suspected of being affected with tuberculosis; or
c
in the course of his duties, inspects, for any purpose, a carcase that is affected with or suspected of being affected with tuberculosis,
must, immediately he suspects the carcase may be affected with tuberculosis, notify the Divisional Veterinary Manager.
2
A person who has in his possession or under his charge a carcase mentioned in paragraph (1) must detain it on the premises where it then is until it has been examined by a veterinary inspector.
3
In this article, “carcase” means the carcase of any bovine animal or other farmed or pet mammal.
Veterinary inquiry as to the existence of disease
7
1
Where a veterinary inspector has reason to believe an affected animal or a suspected animal (other than a reactor) or a carcase of a bovine animal that is affected with or suspected of being affected with tuberculosis is present on any premises, he must, with all practicable speed, take such steps as may be necessary to establish whether it is in fact an affected or suspected animal or carcase.
2
For the purpose of carrying out his duties under this article a veterinary inspector may examine any bovine animal or carcase of a bovine animal on the premises and take such samples from any such animal or carcase or carry out such tests as may be required for the purpose of diagnosis.
3
A veterinary inspector must serve a notice on the keeper of any bovine animal examined by him which in his opinion is an affected animal or suspected animal, requiring the keeper to —
a
detain that animal in accordance with the requirements of the notice and keep it isolated from other bovine animals;
b
where appropriate, take steps to ensure that the milk produced by the animal is not mixed with other milk and is boiled or otherwise sterilized and that any utensil with which such milk has been in contact before it is so treated is thoroughly cleansed and scalded with steam or boiling water before the utensil is used again; and
c
ensure that no bovine animal is moved on to or off the premises or such part of the premises as is specified in the notice except under the authority of a licence issued by an inspector.
Tuberculosis testing
8
1
The Secretary of State may by notice served on the keeper of a bovine animal, require the keeper to have any such animal tested for tuberculosis with a relevant test by a specified date.
2
Without prejudice to article 14, where there has been a failure to test an animal in accordance with a notice served under paragraph (1) the Secretary of State may, by notice served on the keeper of that animal, prohibit the movement of bovine animals, or of such bovine animals as are specified in the notice, on to or off the premises or any part of them, except under the authority of a licence issued by an inspector.
3
The keeper of any bovine animal must comply with all reasonable requirements of an inspector with a view to facilitating —
a
the examination of that animal by that inspector;
b
the application to it or the reading of any relevant test; or
c
the valuation of it in a case where the Secretary of State intends to cause it to be slaughtered under section 32 of the Act in its application to tuberculosis,
and in particular must arrange at his own expense for the collection, penning and securing of any such animal if so required.
4
Without prejudice to any proceedings for an offence under this Order, where there has been a failure to test an animal in accordance with a notice issued under paragraph (1), the Secretary of State may take or cause to be taken all the steps that may be necessary to facilitate the examination, testing and, if appropriate, the valuation of that animal, (including the removal of that animal from the premises on which it is kept) and the amount of any expenses reasonably incurred by the Secretary of State for the purpose of making good the default shall be recoverable by him from the person in default.
5
Where a relevant test has been applied to a bovine animal, no person may move that animal from the premises on which it is kept unless —
a
the movement is under the authority of a licence issued by a veterinary inspector; or
b
the results of the test have been read by an inspector and are negative.
Pre-Movement Testing
9
1
No person may move a bovine animal from any premises unless —
a
a skin test has been applied to it no more than 60 days before the date of movement; and
b
the results of the test have been read by an inspector and are negative.
2
Paragraph (1) does not apply to the following animals —
a
bovine animals in herds that are subject to routine testing for tuberculosis less frequently than biennially;
b
bovine animals that are under 6 weeks old at the date of the movement;
c
bovine animals that have been present on the premises for no more than 30 days at the date of the movement;
d
bovine animals that are subject to routine annual testing for the following public health reasons only —
i
they are on a farm considered by the Divisional Veterinary Manager to be a farm that is open for visits by the public or by sections of the public;
ii
they are part of a herd from which the Dairy Hygiene Inspectorate has approved the sale of raw cow’s milk for drinking direct to the end consumer, either by retail sale of bottled milk or as part of an on-farm catering business;
iii
they are part of a herd from which raw cow’s milk is regularly used for the manufacture of unpasteurised cheese or other unpasteurised dairy products;
e
bovine animals at an approved semen collection centre.
3
Paragraph (1) does not apply to the following movements —
a
movements specified in the Schedule;
b
any movement under the authority of a licence issued by a veterinary inspector.
4
For the purposes of paragraph (1)(a), a skin test is applied on the date tuberculin is injected.
Tuberculosis test records
10
1
Where a skin test has been applied to a bovine animal, the Secretary of State must, as soon as practicable after the results of the test have been read by an inspector, give the keeper of that animal a written record of the results.
2
Paragraph (1) does not apply to animals in respect of which movement is, or remains, prohibited under this Order following the test.
3
The keeper of any animal to which paragraph (1) applies must —
a
retain the record of the results of the test for a period of 3 years and 60 days following the date of injection of tuberculin; and
b
produce such record when requested to do so by an inspector.
Exempt markets
11
1
The Secretary of State may approve a market to handle and sell bovine animals that have been moved without a pre-movement test in accordance with article 9(3)(a) (“an exempt market”).
2
The approval must specify —
a
the operator of the market;
b
the premises upon which the exempt market is to be held;
c
the dates and times for the holding of the exempt market; and
d
the conditions with which the operator of the exempt market must comply.
3
The operator of an exempt market must separate animals in or entering the exempt market from other bovine animals present on other parts of the premises where the exempt market is located.
4
No person may purport to hold an exempt market unless it is approved under paragraph (1).
5
No person may move a bovine animal from an exempt market except direct to a permitted destination.
6
No person may move a bovine animal that is not separated from animals in or entering an exempt market as required by paragraph (3) except to a permitted destination.
7
In this article, “permitted destination” means —
a
in respect of animals that are subject to routine testing less frequently than biennially, an exempt or approved finishing unit or a slaughterhouse;
b
in respect of all other animals, an exempt or approved finishing unit, a slaughterhouse, or back to the premises from which they were brought.
8
A market in Scotland or Wales that is approved by the Scottish Ministers or the National Assembly for Wales for the same purpose as a market may be approved under this article is also an exempt market for the purposes of this Order.
Exempt finishing units, approved finishing units and approved collecting centres
12
1
The Secretary of State may approve —
a
a finishing unit to take bovine animals that have been moved without a pre-movement test in accordance with article 9(3)(a) (“an exempt finishing unit”);
b
a finishing unit to take bovine animals that come from a restricted herd (“an approved finishing unit”); or
c
a collecting centre to take bovine animals that come from a restricted herd (“an approved collecting centre”).
2
In paragraph (1), “a restricted herd” means a herd that is under a movement restriction imposed under article 14(b).
3
An approved finishing unit and an approved collecting centre are also approved to take bovine animals that have been moved without a pre-movement test in accordance with article 9(3)(a).
4
The approval referred to in paragraph (1) must specify —
a
the operator;
b
the premises or the part of the premises upon which the exempt finishing unit, approved finishing unit or approved collecting centre may be situated; and
c
the conditions with which the operator of that finishing unit or collecting centre must comply.
5
The operator of an exempt finishing unit, an approved finishing unit or an approved collecting centre must separate animals in or entering the finishing unit or collecting centre from other bovine animals present on other parts of the premises where that finishing unit or collecting centre is located.
6
No person may purport to operate an exempt finishing unit, approved finishing unit or approved collecting centre unless it is approved under paragraph (1).
7
No person may move a bovine animal from an exempt finishing unit, an approved finishing unit or approved collecting centre except —
a
direct to slaughter; or
b
under the authority of a licence issued by a veterinary inspector.
8
No person may move a bovine animal that is not separated from animals in or entering an exempt finishing unit, an approved finishing unit or an approved collecting centre as required by paragraph (5) except —
a
direct to slaughter; or
b
under the authority of a licence issued by a veterinary inspector.
9
A finishing unit in Scotland or Wales that is approved by the Scottish Ministers or the National Assembly for Wales for the same purpose as a finishing unit may be approved under paragraph (1)(a) is also an exempt finishing unit for the purposes of this Order.
10
A finishing unit in Scotland or Wales that is approved by the Scottish Ministers or the National Assembly for Wales respectively for the same purpose as a finishing unit may be approved under paragraph (1)(b) is also an approved finishing unit for the purposes of this Order.
11
A collecting centre in Scotland or Wales that is approved by the Scottish Ministers or the National Assembly for Wales respectively for the same purpose as a collecting centre may be approved under paragraph (1)(c) is also an approved collecting centre for the purposes of this Order.
Prohibitions
13
1
No person may vaccinate a bovine animal against tuberculosis without the written consent of the Secretary of State.
2
No person may treat a bovine animal for tuberculosis without the written consent of the Secretary of State.
3
No person may perform a test for tuberculosis on a bovine animal except with the written consent of the Secretary of State, and a person to whom any such consent is given must, as soon as he knows the result of the test, report it immediately to the Divisional Veterinary Manager.
4
No person may interfere with or obstruct the application or the reading of a relevant test.
Isolation and prohibition on movement of animals
14
An inspector may, for the purpose of controlling or preventing the spread of tuberculosis, by notice served on the keeper of bovine animals kept on such premises as are specified in the notice —
a
require such bovine animals as are specified in the notice to be isolated from other animals; and
b
prohibit the movement of bovine animals, or of such bovine animals as are specified in the notice, on to or off such premises, except under the authority of a licence issued by an inspector.
Notification of intended slaughter of animals
15
1
Where the Secretary of State intends to cause a bovine animal to be slaughtered under section 32 of the Act, an inspector must serve a notice on the keeper of the animal informing him of the intended slaughter and requiring him to detain the animal pending such slaughter, or its removal for such slaughter, on such part of the premises as is specified in the notice and to isolate it as far as practicable from such other animals as are so specified.
2
Where a notice has been served under paragraph (1), no person may move the animal, other than to slaughter, except under the authority of a licence issued by an inspector.
Precautions against spread of infection
16
1
Where a veterinary inspector is satisfied that any bovine animal kept on any premises is an affected animal or a suspected animal, he may, by notice served on the keeper of any such animal, require him —
a
to treat and store manure or slurry from any place which has been used by any such animal in accordance with the requirements of the notice;
b
not to spread any manure or to spray or spread any slurry from any place which has been used by any such animal otherwise than in accordance with the requirements of the notice;
c
not to remove manure, slurry or other animal waste from the premises except under the authority of a licence issued by an inspector;
d
to take such steps as may be reasonably practicable to prevent any bovine animal kept on the premises from infecting any bovine animal kept on any adjoining premises;
e
to arrange for the isolation of any bovine animals which may be specified in the notice on any specified part or parts of the premises;
f
to ensure that any part or parts of the premises specified in the notice are not used by any bovine animal on the premises, or by such animal or animals as may be specified;
g
within such time and in such manner as may be specified in the notice, to cleanse and disinfect with an approved disinfectant, such part or parts of the premises as may be specified;
h
to cleanse and disinfect with an approved disinfectant all utensils and other articles used for or about an animal to which the notice relates within such time and in such manner as may be specified in the notice.
2
If any person on whom a notice is served under paragraph (1) fails to comply with the requirements of the notice, the Secretary of State may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the Secretary of State for the purpose of making good the default shall be recoverable by him from the person in default.
Suspected animals in markets, shows etc.
17
1
Where a veterinary inspector reasonably believes that a bovine animal on any premises at which a show, exhibition, market, sale or fair is being held, is an affected animal, a suspected animal or has been exposed to infection by tuberculosis, he may —
a
by notice served on the keeper of the animal, require that animal to be removed from those premises, and taken —
i
to a slaughterhouse for immediate slaughter;
ii
back to the premises from which the animal was brought to the show, exhibition, market, sale or fair; or
iii
to such other premises as may be approved by the veterinary inspector for the purpose;
b
by notice served on the person in charge of the premises —
i
require him to ensure that any part or parts of the premises specified in the notice are not used by any other bovine animal for such period as may be specified in the notice;
ii
require him within such time and in such manner as may be specified in the notice —
aa
to cleanse and disinfect with an approved disinfectant such part or parts of the premises as may be specified in the notice;
bb
to dispose of any manure, slurry or other animal waste, straw, litter or other matter that has, or might have, come into contact with such animal.
2
Where a bovine animal is moved in accordance with paragraph (1)(a)(ii) or (iii) the keeper must immediately put it into isolation and must not move it from the premises again except under the authority of a licence issued by an inspector.
3
If any person on whom a notice is served under paragraph (1)(b) fails to comply with the requirements of the notice, the Secretary of State may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the Secretary of State for the purpose of making good the default shall be recoverable by him from the person in default.
Control of infection from other animals
18
1
Where a veterinary inspector reasonably believes that an animal kept on any premises is or may be affected with tuberculosis, he may by notice served on the occupier of such premises —
a
require him to keep the animal under control in such manner as may be specified in the notice or to confine it to such part of the premises as may be specified; and
b
prohibit the movement of animals on to or off such premises, except under the authority of a licence issued by an inspector.
2
In paragraph (1), “animal” means any kind of mammal except a bovine animal or man.
Marking of bovine animals
19
1
If he is directed to do so by an inspector, the keeper of bovine animals kept on any premises must mark such animals in the manner required by the inspector.
2
The inspector may mark bovine animals kept on any premises.
3
No person may change or interfere with any mark that has been applied under this article.
Isolation of M. bovis in a laboratory
20
1
Where the presence of the organism M. bovis is identified by a laboratory examination of a sample taken from any mammal (except man) or from the carcase, products or surroundings of any such mammal, the person in charge of that laboratory must immediately notify the Veterinary Laboratories Agency.
2
But there is no such duty to notify where M. bovis is present in the sample as a result of its deliberate introduction as part of research involving the use of that organism.
General provisions as to notices, licences and approvals
21
1
Any notice, licence or approval issued or granted under this Order must be in writing.
2
Any licence issued under this Order may be general or specific, and may be made subject to conditions.
3
Any approval granted under this Order may be made subject to conditions.
4
A notice, licence or approval issued or granted under this Order may be amended, suspended or revoked in writing at any time.
5
Any person to whom any requirement or condition in a notice, licence or approval issued or granted under this Order applies must comply with the requirement or condition.
Production of licences
22
Where a bovine animal is moved under the authority of a licence (other than a general licence) issued under this Order, the person in charge of the animal being moved must, on demand made under this Order by an inspector, give his name and address and must produce the licence and allow a copy of it to be taken.
Enforcement
23
1
This Order is enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that he will enforce this Order instead of the local authority.
Savings
24
Any notice or licence issued, or approval or consent granted, under the Tuberculosis (England and Wales) Order 1984 or the Tuberculosis (England) Order 2006 and which has effect at the coming into force of this Order remains in force as if it were a notice or licence issued, or approval or consent granted, under this Order.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
8th March 2007


text:
Citation and commencement
1
These Rules may be cited as the Family Proceedings (Amendment) (No.3) Rules 2007 and shall come into force on 1st October 2007.
Amendments to the Family Proceedings Rules 1991
2
In the Arrangement of Rules of the Family Proceedings Rules 1991 (“the 1991 Rules ”), in the entry for rule 7.39, omit “a specified State of”.
3
1
Rule 7.39 of the 1991 Rules shall be amended in accordance with this rule.
2
For “a specified State” or “specified States”, wherever those words appear, substitute “the United States of America”.
3
In the heading, omit “ a specified State of ”.
4
Omit paragraph (1).
5
In, paragraph (3), for “Schedule 3 to the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995 ”, substitute “Schedule 2 to the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007 ”.
Transitional Provisions
4
1
The amendments in rules 2 and 3 shall have effect in relation to matters to which the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007 (“the 2007 Order ”) applies as set out in article 6(1) of that Order.
2
Where, by virtue of article 6(2) of the 2007 Order, the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995 continues in full force and effect, rule 7.39 of the Family Proceedings Rules 1991 shall apply as if it had not been amended by these Rules.
Duncan Adam
Bruce Edgington
Angela Finnerty
Jane Probyn
David Salter
Phillip Waller
I allow these Rules
Jack Straw,
Lord Chancellor
25th July 2007


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Housing Costs and Miscellaneous Amendments) Regulations 2007 and shall come into force on 17th December 2007.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
2
In paragraph 2A(4) (specified circumstances for the purposes of regulation 34B) of Schedule 9A (deductions of mortgage interest from benefit and payment to qualifying lenders) , for “19” substitute “20”.
Amendment of the Income Support (General) Regulations 1987
3
1
The Income Support (General) Regulations 1987 are amended as follows.
2
In regulation 6(5) (persons not treated as engaged in remunerative work) —
a
in sub-paragraph (c)(i), for “a loan which qualifies under paragraph 15 or 16” substitute “housing costs which qualify under paragraphs 15 to 17”;
b
in sub-paragraph (c)(ii), for “a loan which qualifies under paragraph 14 or 15” substitute “housing costs which qualify under paragraphs 14 to 16”;
c
in sub-paragraph (d), for “on such a loan” substitute “in respect of such housing costs”.
3
In Schedule 3 (housing costs) —
a
in paragraph 1A (previous entitlement to income-based jobseeker’s allowance) —
i
for the heading, substitute “Previous entitlement to income-based jobseeker’s allowance or state pension credit”;
ii
in sub-paragraph (1)(a), for “paragraph 14 or 15” substitute “paragraphs 14 to 16”;
iii
after sub-paragraph (1), insert —
1A
Where a claimant or his partner was in receipt of state pension credit not more than 12 weeks before one of them becomes entitled to income support or, where the claimant or his partner is a person to whom paragraph 14(2) or (8) (linking rules) refers, not more than 26 weeks before becoming so entitled, and —
a
the appropriate minimum guarantee included an amount in respect of housing costs under paragraphs 11 to 13 of Schedule II to the State Pension Credit Regulations 2002; and
b
the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,
the applicable amount in respect of housing costs for income support shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.
;
iv
in sub-paragraph (2), after “jobseeker’s allowance” insert “or (as the case may be) state pension credit”.
b
in paragraph 4 (housing costs not met) after sub-paragraph (4A) , insert —
4B
A person treated by virtue of paragraph 14 as being in receipt of income support for the purposes of this Schedule is not to be treated as entitled to income support for the purposes of sub-paragraph (4).
;
c
in paragraph 12 (the standard rate) —
i
in sub-paragraph (2), for “sub-paragraphs (3), (4) and (6)” substitute “sub-paragraph (3)”;
ii
omit sub-paragraphs (4) to (6).
Amendment of the Jobseeker’s Allowance Regulations 1996
4
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In Schedule 2 (housing costs) —
a
in paragraph 1A (previous entitlement to income support) —
i
for the heading, substitute “Previous entitlement to income support or state pension credit”,
ii
in sub-paragraph (1)(a), for “paragraphs 15 or 16, substitute “paragraphs 15 to 17”;
iii
after sub-paragraph (1), add —
1ZA
Where a claimant or his partner was in receipt of state pension credit not more than 12 weeks before one of them becomes entitled to income-based jobseeker’s allowance or, where the claimant or his partner is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled, and —
a
the appropriate minimum guarantee included an amount in respect of housing costs under paragraphs 11 to 13 of Schedule II to the State Pension Credit Regulations 2002; and
b
the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,
the applicable amount in respect of housing costs for income-based jobseekers allowance shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.
;
iv
after sub-paragraph (1A), add —
1B
Where either member of a joint-claim couple was in receipt of state pension credit not more than 12 weeks before the couple becomes entitled to a joint-claim jobseeker’s allowance, or, where either member is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled, and —
a
the appropriate minimum guarantee included an amount in respect of housing costs under paragraphs 11 to 13 of Schedule II to the State Pension Credit Regulations 2002; and
b
the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,
the applicable amount in respect of housing costs for joint-claim jobseeker’s allowance shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.
;
v
in sub-paragraph (2), after “income support” insert “or (as the case may be) state pension credit”.
b
in paragraph 4 (housing costs not met), after sub-paragraph (4A) insert —
4B
A person treated by virtue of paragraph 13 as being in receipt of a jobseeker’s allowance for the purposes of this Schedule is not to be treated as entitled to a jobseeker’s allowance for the purposes of sub-paragraph (4).
;
c
in paragraph 11 (the standard rate) —
i
in sub-paragraph (2), for “sub-paragraphs (3), (4) and (6)” substitute “sub-paragraph (3)”, and
ii
omit sub-paragraphs (4) to (6).
Amendment of the State Pension Credit Regulations 2002
5
1
The State Pension Credit Regulations 2002 are amended as follows.
2
In paragraph 9 (the standard rate) of Schedule II (housing costs) —
a
in sub-paragraph (2), for “sub-paragraphs (3), (4) and (6)” substitute “sub-paragraph (3)”;
b
omit sub-paragraphs (4) to (6).
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
8th November 2007


text:
Citation and commencement
1
This Order may be cited as the Parliamentary Elections (Welsh Forms) Order 2007 and shall come into force on 27 March 2007.
Revocation
2
The following Orders are revoked —
a
the Parliamentary Elections (Welsh Forms) Order 2005 ; and
b
the Parliamentary Elections (Welsh Forms) (Amendment) Order 2005 .
Interpretation
3
In this Order —
“the 1983 Act ” means the Representation of the People Act 1983 ; and
“the 2001 Regulations ” means the Representation of the People (England and Wales) Regulations 2001 .
Welsh versions of forms of words
4
1
The following form of words:
“PLEIDLEISIWCH DROS UN YMGEISYDD YN UNIG”
is hereby prescribed as the form of words in Welsh for the words “VOTE FOR ONE CANDIDATE ONLY” which are specified in the form of front of ballot paper in the Appendix to Schedule 1 to the Representation of the People Act 1983 for use at parliamentary elections.
2
The forms of words in Welsh prescribed by paragraph (1) above shall be printed so that they appear immediately beneath the corresponding words in English on every ballot paper at a parliamentary election in Wales.
3
“Annibynnwr” is hereby prescribed as the form of words in Welsh for the word “Independent” which is specified for use as the description of a candidate in a nomination paper by rule 6(3)(b) of the rules in Schedule 1 to the 1983 Act.
4
“Y Llefarydd yn ailymgeisio” is hereby prescribed as the form of words in Welsh for the words “The Speaker seeking re-election” which are specified for use as the description of a candidate in a nomination paper by rule 6(3)(b) of the rules in Schedule 1 to the 1983 Act.
5
The forms of words in Welsh prescribed by paragraphs (3) and (4) above may be used as well as or in place of the equivalent words in English at a parliamentary election in Wales.
Welsh version of prescribed forms and a form of words
5
Each of the forms listed in subparagraphs (a) to (d) and set out in Schedule 1 to this Order is hereby prescribed as the Welsh version which may be used at a parliamentary election in Wales in place of —
a
in case of form 1, form F (certificate of employment) in Schedule 3 to the 2001 Regulations;
b
in the case of form 2, the questions set out in the table in rule 35 in Schedule 1 to the 1983 Act ;
c
in the case of form 3, the form of nomination paper set out in the Appendix to Schedule 1 to the 1983 Act ; and
d
in the case of form 4, the form of declaration to be made by the companion of a voter with disabilities, set out in the Appendix to Schedule 1 to the 1983 Act .
Welsh and English versions of prescribed forms and a form of words
6
Each of the forms listed in sub-paragraphs (a) to (s) and set out in Schedule 2 to this Order is hereby prescribed as the version partly in Welsh and partly in English which shall be used at a parliamentary election in Wales in place of —
a
in the case of form 1, the form of back of ballot paper prescribed in the Appendix to Schedule 1 to the 1983 Act ;
b
in the case of form 2, the form of directions for the guidance of voters in voting prescribed in the Appendix to Schedule 1 to the 1983 Act ;
c
in the case of form 3, the notice prescribed by rule 29(5) (voting compartment notice) in Schedule 1 to the 1983 Act ;
d
in the case of form 4, the form of directions for guidance of voters in voting prescribed in paragraph 28 of Schedule 2 to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 ;
e
in the case of form 5, form A (official poll card) in Schedule 3 to the 2001 Regulations ;
f
in the case of form 6, form A1 (official postal poll card) in Schedule 3 to the 2001 Regulations;
g
in the case of form 7, form B (official proxy poll card) in Schedule 3 to the 2001 Regulations;
h
in the case of form 8, form B1 (official proxy postal poll card) in Schedule 3 to the 2001 Regulations;
i
in the case of form 9, form C (return of expenses required by section 75 of the 1983 Act) in Schedule 3 to the 2001 Regulations;
j
in the case of form 10, form D (declaration as to expenses required by section 75 of the 1983 Act) in Schedule 3 to the 2001 Regulations,
k
in the case of form 11, form E (proxy paper) in Schedule 3 to the 2001 Regulations.
l
in the case of form 12, form G (postal voting statement) in Schedule 3 to the 2001 Regulations ;
m
in the case of form 13, form H (postal voting statement – combined poll, joint issue) in Schedule 3 to the 2001 Regulations;
n
in the case of form 14, form J (postal voting statement – combined poll, separate issue) in Schedule 3 to the 2001 Regulations;
o
in the case of form 15, form K (statement as to postal ballot papers) in Schedule 3 to the 2001 Regulations ;
p
in the case of form 16, form L1 (corresponding number list) in Schedule 3 to the 2001 Regulations ;
q
in the case of form 17, form L2 (corresponding number list) in Schedule 3 to the 2001 Regulations;
r
in the case of form 18, form M1 (corresponding number list – combined election) in Schedule 3 to the 2001 Regulations; and
s
in the case of form 19, form M2 (corresponding number list - combined election) in Schedule 3 to the 2001 Regulations.
Variations
7
With the exception of form 2 in Schedule 1 to this Order, the forms prescribed by this Order may be used with such adaptations as the circumstances may require.
Signed on behalf of the Secretary of State
Bridget Prentice,
Parliamentary Under Secretary of State
Department for Constitutional Affairs
26th March 2007


text:
Citation, commencement, interpretation and effect
1
1
These Regulations may be cited as the Tax Credits Up-rating Regulations 2007 and shall come into force on 6th April 2007.
2
In these Regulations —
“the Child Tax Credit Regulations ” means the Child Tax Credit Regulations 2002 ;
“the Entitlement Regulations ” means the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 ;
“the Income Thresholds Regulations ” means the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002 .
3
These Regulations have effect in relation to awards of tax credits for the tax year beginning on 6th April 2007 and subsequent tax years.
Amendment of the Child Tax Credit Regulations
2
1
The Child Tax Credit Regulations are amended as follows.
2
In regulation 7(4)(individual element) —
a
in sub–paragraph (a) for “£4,115” substitute “£4,285”;
b
in sub–paragraph (b) for “£5,060” substitute “£5,265”;
c
in sub–paragraph (c) for “£1,765” substitute “£1,845”;
d
in sub–paragraph (d) for “£4,115” substitute “£4,285”;
e
in sub–paragraph (e) for “£5,060” substitute “£5,265”; and
f
in sub–paragraph (f) for “£1,765” substitute “£1,845”.
Amendment of the Entitlement Regulations
3
For the Table in Schedule 2 to the Entitlement Regulations substitute the Table set out in the Schedule to these Regulations.
Amendment of the Income Thresholds Regulations
4
1
In regulation 3(3) (first income threshold for those entitled to child tax credit) for “£14,155” substitute “£14,495”.
2
In regulation 8(3) (determination of child tax credit) for “£14,155” (threshold amount shown at step 4) substitute “£14,495”.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
13th March 2007


text:
Citation and commencement
1
These Regulations may be cited as The Further Education Teachers’ Continuing Professional Development and Registration (England) Regulations 2007 and come into force on 1 st September 2007.
Application
2
1
These Regulations apply only in relation to England.
2
These Regulations do not apply to any person employed as a teacher to teach on courses of higher education only.
Interpretation
3
1
In these Regulations —
“certificated illness or injury” means illness certified by a registered practitioner of medicine;
“ CPD ”, in relation to a teacher, means continuing professional development, which is any activity undertaken by him for the purposes of updating his knowledge of the subjects he teaches or developing his teaching skills;
“ ERA 1996 ” means the Employment Rights Act 1996 ;
“full-time” in relation to a teacher means any person who is paid wholly or in part by reference to the time he spends working for his employer and, having regard to the custom and practice of the employer in relation to other teachers employed by the same employer under the same type of contract, is identifiable as a full-time teacher;
“ GTC(E) ” means the General Teaching Council for England;
“IfL” means the private company limited by guarantee registered at Companies House as The Institute for Learning (Post Compulsory Education and Training);
“part-time”, in relation to a teacher, means any person who is paid wholly or in part by reference to the time he spends working for his employer and, having regard to the custom and practice of the employer in relation to other teachers employed by the same employer under the same type of contract, is not identifiable as a full-time teacher;
“sixth form college” means a further education institution principally concerned with the provision of full-time education suitable to the requirements of persons who have not attained the age of 19 years;
“teacher” means any person who provides education at a further education institution under a contract of employment or a contract for services, other than a person who is employed by the institution on an occasional basis to provide updating on current commercial, industrial, or professional practice; and “teach” and “teaching” are to be construed accordingly; and
“year” means a period of twelve months ending with 31st August.
2
Any reference in these Regulations to a part-time teacher includes a principal or other member of the management staff who spends only part of his time teaching.
Continuing professional development of teachers
4
1
Subject to paragraph (4), every full-time teacher must complete at least 30 hours of CPD each year.
2
Subject to paragraphs (3) and (4), every part-time teacher must complete at least the pro-rata equivalent of 30 hours of CPD each year, calculated on the basis of the number of hours spent teaching in proportion to the number of hours a full-time teacher in the same institution spends teaching (or would spend teaching, if there were a full-time teacher in that institution), subject to a minimum of 6 hours each year.
3
Where a teacher is employed at more than one further education institution on a part-time basis, he must apportion the CPD which he is required to complete under paragraph (2) accordingly.
4
Where a teacher is employed for only part of a year or is absent from work for part of a year —
a
in exercise of —
i
her right to maternity leave conferred by section 71 or 73 of the ERA 1996 or her contract of employment and has the right to return to work by virtue of those sections or her contract of employment;
ii
the right to parental leave conferred by section 76 of the ERA 1996;
iii
the right to paternity leave conferred by section 80A, 80AA, 80B or 80BB of the ERA 1996 ; or
iv
the right to adoption leave conferred by section 75A or 75B of the ERA 1996 ;
b
because of her pregnancy; or
c
because of certificated illness or injury, where the total period of absence from work in that year exceeds 3 months,
the CPD requirement for that teacher is reduced accordingly, on a pro-rata basis.
5
Every teacher must maintain a record of the CPD he has undertaken each year and make it available to his employer or, where he has more than one, each of his employers, for monitoring purposes.
6
Every teacher, other than one who is employed solely in a sixth form college and is registered with the GTC(E), must provide the IfL with a record of the CPD which he has undertaken each year, by 31 st August, for monitoring purposes.
Registration of teachers
5
1
Subject to paragraphs (2) and (3), every teacher must —
a
register with the IfL by 31 st March 2008 or, in the case of any teacher appointed after 1 st September 2007, within 6 months of the date of his appointment; and
b
maintain that registration continuously thereafter.
2
Sub-paragraph (1) does not apply to a teacher who is employed solely in a sixth form college and is registered with the GTC(E).
3
Sub-paragraph (1) does not apply to a teacher who is employed both in a school and a further education institution and is registered with the GTC(E), provided he commenced such dual employment and registered with the GTC(E) before 1 st September 2007.
4
Every teacher referred to in sub-paragraphs (2) and (3) must provide the IfL with his GTC(E) registration details by 31 st August every year.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
20th July 2007


text:
Citation and interpretation
1
1
This Order may be cited as the Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) Order 2007.
2
In this Order —
“the first appointed day” means 23rd July 2007; and
“the second appointed day” means 31st March 2008.
2
1
The provisions of the Traffic Management Act 2004 specified in paragraph (2) shall come into force as respects England on the first appointed day.
2
The provisions are —
a
section 72;
b
section 73 and accordingly Schedule 7;
c
section 76;
d
sections 77 and accordingly Schedule 9;
e
sections 78 to 83;
f
sections 87 to 90;
g
section 91 so far as it relates to the provision specified in subparagraph (j);
h
sections 92 and 93; and
i
in Schedule 11, paragraph 3 to the extent that it inserts section 101B into the Road Traffic Regulation Act 1984 .
3
1
The provisions of the Traffic Management Act 2004 specified in paragraph (2) shall come into force as respects England on the second appointed day.
2
The provisions are —
a
section 74 so far as it relates to the provisions specified in subparagraph (f);
b
section 75;
c
sections 84 (and accordingly Schedule 10), 85 and 86;
d
section 91 so far as it relates to the provisions specified in subparagraph (g);
e
section 98 so far as it relates to the provisions specified in subparagraph (h);
f
in Schedule 8, paragraphs 1 to 3 and 8;
g
in Schedule 11, paragraphs 1, 2, 3 (except so far as it has already been brought into force by paragraph 2(2)(j) above), 4, 5, 6 and 7;
h
the following repeals in Part 1 of Schedule 12 —
i
in the Road Traffic Regulation Act 1984 —
section 8(1A) and (1B);
section 11(2) and (2A);
in section 47(1), the words “; but this subsection does not apply in relation to any designated parking place in Greater London”;
section 101(4) to (6); and
in section 102(8) the definition of “London authority” and the words “and” preceding it;
ii
in the Road Traffic Act 1991 —
section 43;
sections 65 to 67;
sections 69 to 74A;
sections 76 to 79;
Schedule 3; and
Schedule 6;
iii
in the Local Government Wales Act 1994 , Schedule 7, paragraph 43(b);
iv
in the London Local Authorities Act 1995 sections 4, 5, 7 and 8;
v
in the Greater London Authority Act 1999 sections 283(2) and (4), 284 and 286;
vi
in the London Local Authorities Act 2000 , the definition of “special parking area” in section 3(1) and sections 4 to 14;
vii
in the London Local Authorities Act 2003 , sections 14 and 15.
Transitional provisions
4
1
None of the provisions of Part 6 of the Traffic Management Act 2004 or of any regulations or orders made thereunder shall have effect in relation to a parking contravention which occurred before the second appointed day and action may be taken, or if begun continued, by an enforcement authority, an adjudicator or a county court in relation to such a contravention as if none of the provisions of Part 6 had been brought into force.
2
This article is without prejudice to section 16(1) of the Interpretation Act 1978 .
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State,
Department for Transport
17th July 2007


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Motor Insurance) Regulations 2007 and come into force on 5th September 2007.
Amendment of the Financial Services and Markets Act 2000
2
1
The Financial Services and Markets Act 2000 is amended as follows.
2
At the end of paragraph 6 of Schedule 12 (transfer schemes: interpretation), add —
4
If the insurance relates to a vehicle dispatched from one EEA State to another, in respect of the period of 30 days beginning with the day on which the purchaser accepts delivery a reference to the EEA State in which a risk is situated is a reference to the State of destination (and not, as provided by sub-paragraph (3)(b), to the State of registration).
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Amendment of the Financial Services and Markets Act 2000 (Law Applicable to Contracts of Insurance) Regulations 2001
3
1
The Financial Services and Markets Act 2000 (Law Applicable to Contracts of Insurance) Regulations 2001 are amended as follows.
2
After paragraph (2) of regulation 2 (interpretation), insert —
2A
If the contract of insurance relates to a vehicle dispatched from one EEA State to another, in respect of the period of 30 days beginning with the day on which the purchaser accepts delivery a reference to the EEA State in which a risk is situated is a reference to the State of destination (and not, as provided by paragraph (2)(b), to the State of registration).
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Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
14th August 2007