text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Admissions Appeals Arrangements)(England)(Amendment) Regulations 2008 and come into force on 10 th February 2009.
2
These Regulations only apply in relation to England and, subject to paragraph (3), apply in relation to appeals against decisions communicated on or after 1st March 2009.
3
Regulation 6 applies in relation to appeals against decisions communicated on or after 1st March 2010 in respect of admission to maintained schools in England in the school year 2010-2011 and subsequent years.
Amendment of Regulations
2
The Education (Admissions Appeals Arrangements)(England) Regulations 2002 are amended as follows.
3
In regulation 2(1), insert the following definitions after the definition of “the 1998 Act” —
“appropriate authority” means the body or bodies responsible for making the arrangements described in regulation 3; and
“School Admissions Code” means any code for school admissions issued under section 84 .
.
4
In regulation 4(1), omit sub-paragraph (a).
5
For regulation 6, substitute the following —
Relevant considerations in appeals brought under sections 94 and 95
6
1
In relation to an appeal made under the arrangements referred to in regulation 3(a) to (d), the matters to be taken into account by an appeal panel, in considering an appeal, shall include —
a
any preference expressed by the appellant, and
b
the school’s admission arrangements.
2
Consideration of the matter mentioned in paragraph (1)(b) may include consideration of whether those arrangements comply with any mandatory requirements of —
i
a School Admissions Code, or
ii
Part 3 of the 1998 Act.
3
Where the decision under appeal was made on the ground that prejudice of the kind referred to in section 86(3)(a) would arise as mentioned in subsection (4) of that section, an appeal panel may determine that a place is to be offered to the child only if they are satisfied that one of the conditions mentioned in paragraph (4) applies.
4
The conditions mentioned in this paragraph are —
a
the child would have been offered a place if the school’s admission arrangements had been properly implemented;
b
the child would have been offered a place if the school’s admission arrangements had complied with the requirements of —
i
a School Admissions Code, or
ii
Part 3 of the 1998 Act;
c
the decision was not one which a reasonable admission authority would have made in the circumstances of the case.
5
In relation to an appeal made under arrangements referred to in regulation 3(e), an appeal panel in considering an appeal shall have regard to —
a
the reasons for the local education authority’s decision that the child in question should be admitted; and
b
any reasons put forward by the governing body as to why the child’s admission would be inappropriate.
6
In this regulation, “preference” means a preference expressed in accordance with arrangements made under section 86(1) in relation to the school year 2009-2010, and a preference expressed in accordance with arrangements made under section 86(1) or section 86A(1) in relation to the school year 2010-2011 and subsequent school years.
6
For Schedule 2, substitute the following —
SCHEDULE 2
Procedure on Appeal
Regulation 5
Appeals made pursuant to section 94
1
1
In this paragraph —
“appeal” means an appeal made under the arrangements referred to in regulation 3(a) to (d); and
“a decision about sixth form education” means a decision —
made in relation to a preference expressed in accordance with arrangements made under section 86A(1) as to where education should be provided for a child, or
refusing permission for a child to enter the sixth form of the school to which he has been admitted.
2
The appropriate authority must send the following information to parents —
a
particulars of the arrangements for making an appeal, and
b
the contact details for the appropriate authority.
3
In the case of a decision about sixth form education, the appropriate authority must send the following information to the child and his parents —
a
particulars of the arrangements for making an appeal,
b
the contact details for the appropriate authority; and
c
a statement explaining that where a child and any parent of his make separate appeals in respect of the same school, the appeals must be heard together.
4
Where a child and any parent of his make separate appeals in respect of the same decision about sixth form education, the appeals must be heard together.
5
An appeal shall be by notice in writing setting out the grounds on which it is made.
6
An appeal shall give the appellant an opportunity of appearing and making oral representations, and may allow him to be accompanied by a friend or to be represented.
7
An appeal shall be heard in private except where the body or bodies by whom the arrangements under section 94 are made direct otherwise; but —
a
if the panel so direct, one member of the local education authority may attend, as an observer, any hearing of an appeal by an appeal panel constituted in accordance with paragraph 1 of Schedule 1;
b
if the panel so direct, one member of the governing body of the school in question may attend, as an observer, any hearing of an appeal by an appeal panel constituted in accordance with paragraph 1 or 2 of Schedule 1 (or in accordance with paragraph 2 as it applies by virtue of paragraph 3 of that Schedule); and
c
if the panel so direct, any person may attend a hearing of an appeal for the following purposes —
i
training, or
ii
appraisal of the performance of clerks or appeal panel members.
8
For the purposes of sub-paragraph (7), an appeal to an appeal panel constituted in accordance with paragraph 1 of Schedule 1, as it applies by virtue of paragraph 4 of that Schedule, shall be treated —
a
as an appeal to an appeal panel constituted in accordance with paragraph 1 of that Schedule if it relates to a community or voluntary controlled school; and
b
as an appeal to an appeal panel constituted in accordance with paragraph 2 of that Schedule, if it relates to a foundation or voluntary aided school.
9
In the event of a disagreement between the members of an appeal panel, the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the panel shall have a second or casting vote.
10
The decision of an appeal panel and the grounds on which it is made shall be communicated by the panel in writing to —
a
the appellant and the local education authority,
b
in the case of an appeal heard jointly with another appeal in accordance with paragraph 1(4), to the appellant in the other appeal; and
c
in the case of an appeal to an appeal panel constituted in accordance with paragraph 2 of Schedule 1, (or in accordance with that paragraph as it applies by virtue of paragraph 3 of that Schedule), to the governing body by whom or on whose behalf the decision appealed against was made.
11
For the purposes of sub-paragraph (10), an appeal to an appeal panel constituted in accordance with paragraph 1 of Schedule 1, as it applies by virtue of paragraph 4 of that Schedule, shall be treated as an appeal to an appeal panel constituted in accordance with paragraph 2 of that Schedule, if it relates to a foundation or voluntary aided school.
12
Subject to sub-paragraphs (2) to (11), all matters relating to the procedure on appeals, including the time within which they are to be brought, shall be determined by the appropriate authority.
Appeals made pursuant to section 95
2
1
In this paragraph “appeal” means an appeal made under the arrangements referred to in regulation 3(e).
2
Where any such decision as is mentioned in section 95(2) is made by or on behalf of the local education authority, the authority shall give the governing body of the school notice in writing —
a
of that decision; and
b
of the governing body’s right to appeal against the decision in accordance with sub-paragraph (3).
3
An appeal by the governing body against any such decision must be made not later than the 15th school day after the day on which they are given notice under sub-paragraph (2).
4
An appeal shall be by notice in writing setting out the grounds on which it is made.
5
The appeal panel shall meet to consider an appeal on such date as the local education authority may determine but the date so determined must not be later than the 15th school day after the day on which the appeal is lodged.
6
On an appeal the panel shall allow —
a
the local education authority and the governing body to make written representations;
b
an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations; and
c
the governing body to be represented.
7
Appeals shall be heard in private except when the local education authority direct otherwise; but —
a
if the panel so direct, one member of the local education authority may attend, as an observer, any hearing of an appeal by an appeal panel; and
b
if the panel so direct, any person may attend a hearing of an appeal for the following purposes —
i
training, or
ii
appraisal of the performance of clerks or appeal panel members.
8
Two or more appeals may be combined and dealt with in the same proceedings if the appeal panel consider that it is expedient to do so because the issues raised by the appeals are the same or connected.
9
In the event of a disagreement between the members of an appeal panel, the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the panel shall have a second or casting vote.
10
The decision of an appeal panel and the grounds on which it is made shall —
a
be communicated by the panel in writing to the local education authority and the governing body; and
b
be so communicated by the end of the second day after the conclusion of the hearing of the appeal.
11
Subject to sub-paragraphs (2) to (10), all matters relating to the procedure on appeals shall be determined by the local education authority.
Sarah McCarthy-Fry
Parliamentary Under Secretary of State
Department for Children, Schools and Families
3rd December 2008


type: legislation

jurisdiction: UK

text:
1
The new highway which the Welsh Ministers propose to construct along the route described in Schedule 1 to this Order is to become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The lengths of the trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall become a classified road or unclassified road as indicated in that Schedule, from the date on which the Welsh Ministers notify the Pembrokeshire County Council that they will become the highway authority responsible for those lengths of road.
4
The Welsh Ministers are authorised to construct the new bridge specified in Schedule 3 to this Order as part of the improvements to the trunk road.
5
In this Order:
all measurements of distance are measured along the route of the relevant highway;
“the bridge plan” (“ plan y bont ”) means the plan numbered HA 10/2 NAFW 20 and marked “The London to Fishguard Trunk Road (A40) (Penblewin to Slebech Park Improvement) Order 2008 Schedule 3 -Specifications of bridge over navigable watercourse”, signed by authority of the Minister for the Economy and Transport and deposited at the Welsh Assembly Government, Record Storage and Retrieval Unit ( RSRU ), Neptune Point, Ocean Way, Cardiff;
“the deposited plan” (“ y plan a adneuwyd ”) means the plan numbered HA10/2 NAFW 19 and marked “The London to Fishguard Trunk Road (A40) (Penblewin to Slebech Park Improvement) Order 2008”, signed by authority of the Minister for the Economy and Transport and deposited at the Welsh Assembly Government, Record Storage and Retrieval Unit (RSRU), Neptune Point, Ocean Way, Cardiff;
“the trunk road” (“ y gefnffordd ”) means the London to Fishguard Trunk Road (A40); and
“classified road” (“ ffordd ddosbarthiadol ”) as a classification for a highway, means that the highway is not a principal road for the purpose of enactments or instruments, which refer to highways classified by the Welsh Ministers and which does not specifically refer to their classification as principal roads.
6
This Order comes into force on 17 December 2008 The title to this Order is “The London to Fishguard Trunk Road (A40) (Penblewin to Slebech Park Improvement) Order 2008.”
Signed under authority of the Minister for the Economy and Transport.
S. C. SHOULER
Director of Transport Planning and Administration Welsh Assembly Government
8 December 2008


text:
Citation and commencement
1
These Regulations may be cited as the Education (Special Educational Needs Co-ordinators) (England) Regulations 2008 and come into force on 1st September 2009.
Interpretation
2
In these Regulations —
“relevant school” means a community, foundation or voluntary school or a maintained nursery school;
“relevant services” means —
special educational provision, or advice or assistance in relation to such provision or its management,
assessment of special educational needs, or advice or assistance in relation to such needs or in relation to the management of pupils with such needs;
“the SENCO”, in relation to a relevant school, means the person who has been designated by the governing body to be the special educational needs co-ordinator for the school.
Prescribed qualifications and experience of SENCOs
3
1
The governing body of a relevant school must ensure that the SENCO appointed under section 317(3A) of the Education Act 1996 meets each of the requirements in one of paragraphs (2) , (3) and (4) .
2
The requirements in this paragraph are that the SENCO —
a
is a qualified teacher ,
b
if required to complete an induction period under regulations made under section 19 of the Teaching and Higher Education Act 1998 , has satisfactorily completed such an induction period, and
c
is working as a teacher at the school.
3
The requirement in this paragraph is that the SENCO is the head teacher or acting head teacher of the school and meets the requirements of regulations made under section 135 of the Education Act 2002 if required to do so .
4
The requirements in this paragraph are that the SENCO —
a
has had responsibility for co-ordinating the making of special educational provision for pupils with special educational needs at the school for a period of at least six months ending on the 31st August 2009, and
b
the governing body is satisfied that —
i
the SENCO is taking steps to meet the requirements in paragraph (2) , and
ii
there is a reasonable prospect that the SENCO will meet those requirements by 1st September 2011.
Governing body’s functions relating to the leadership and management role of the SENCO
4
The governing body of a relevant school must determine the role of the SENCO in relation to the leadership and management of the school.
Governing body’s functions relating to the key responsibilities of the SENCO
5
1
The governing body of a relevant school must determine the key responsibilities of the SENCO and monitor the effectiveness of the SENCO in undertaking those responsibilities.
2
The key responsibilities referred to in paragraph (1) may include the carrying out, or arranging for the carrying out, of the following tasks —
a
in relation to each of the registered pupils whom the SENCO considers may have special educational needs, informing a parent of the pupil that this may be the case as soon as is reasonably practicable;
b
in relation to each of the registered pupils who have special educational needs —
i
identifying the pupil’s special educational needs,
ii
co-ordinating the making of special educational provision for the pupil which meets those needs,
iii
monitoring the effectiveness of any special educational provision made for the pupil,
iv
securing relevant services for the pupil where necessary,
v
ensuring that records of the pupil’s special educational needs and the special educational provision made to meet those needs are maintained and kept up to date,
vi
liaising with and providing information to a parent of the pupil on a regular basis about that pupil’s special educational needs and the special educational provision being made for those needs,
vii
ensuring that, where the pupil transfers to another school or educational institution, all relevant information about the pupil’s special educational needs and the special educational provision made to meet those needs is conveyed to the governing body or (as the case may be) the proprietor of that school or institution, and
viii
promoting the pupil’s inclusion in the school community and access to the school’s curriculum, facilities and extra-curricular activities;
c
selecting, supervising and training learning support assistants who work with pupils who have special educational needs;
d
advising teachers at the school about differentiated teaching methods appropriate for individual pupils with special educational needs;
e
contributing to in-service training for teachers at the school to assist them to carry out the tasks referred to in paragraph (b); and
f
preparing and reviewing the information required to be published by the governing body pursuant to the Education (Special Educational Needs) (Information) (England) Regulations 1999 , the objectives of the governing body in making provision for special educational needs, and the special educational needs policy referred to in paragraph 1 of Schedule 1 to those Regulations.
Sarah McCarthy-Fry
Parliamentary Under Secretary of State
Department for Children, Schools and Families
13th November 2008


text:
Citation and commencement
1
This Order may be cited as the Guaranteed Minimum Pensions Increase Order 2008 and shall come into force on 6th April 2008.
Increase of guaranteed minimum pensions
2
For the purposes of section 109(2) and (3) of the Pension Schemes Act 1993, the percentage by which there is to be an increase in the rate of that part of any guaranteed minimum pension which is attributable to earnings factors for the tax years in the relevant period shall be 3 per cent.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
4th March 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Vaccine Damage Payments (Specified Disease) Order 2008 and shall come into force on 1st September 2008.
2
In this Order, “ the Act ” means the Vaccine Damage Payments Act 1979.
Addition to the diseases to which the Act applies
2
Human papillomavirus is specified as a disease to which the Act applies.
Modification of conditions of entitlement
3
The condition of entitlement in section 2(1)(b) of the Act (age or time at which vaccination was carried out) shall be omitted in relation to vaccination against human papillomavirus.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary-Under Secretary of State,
Department for Work and Pensions
5th August 2008


text:
PART 1 Introductory
Citation, commencement and interpretation
1
1
This Order may be cited as the Nursing and Midwifery Council (Constitution) Order 2008 and —
a
apart from article 5(h), comes into force on 1st January 2009;
b
article 5(h) comes into force on the coming into force of section 44(1) of the Safeguarding Vulnerable Groups Act 2006 (registers: power to apply for vetting information).
2
In this Order —
“chair” means the chair of the Council;
“final outcome”, in relation to any proceedings where there are rights of appeal, means the outcome of the proceedings —
once the period for bringing an appeal has expired without an appeal being brought; or
if an appeal is brought in accordance with those rights, once those rights have been exhausted;
“licensing body” means —
any body, other than the Council, anywhere in the world that licenses or regulates any profession;
any body that regulated registered nurses or registered midwives before the Council;
“member”, unless the context otherwise requires, means a registrant member or a lay member and includes the chair;
“the principal Order ” means the Nursing and Midwifery Order 2001; and
“spent conviction” means —
in relation to a conviction by a court in Great Britain, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974 ; or
in relation to a conviction by a court in Northern Ireland, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders (Northern Ireland) Order 1978 .
PART 2 Membership of the Council
Composition of the Council
2
The Council shall consist of 7 registrant members and 7 lay members.
Terms of office of members
3
1
The duration of the term of office of each member of the Council shall be determined by the Privy Council, on appointment.
2
No member of the Council may hold office as a member of the Council for more than an aggregate of 6 years.
3
For the purposes of the computation of years under paragraph (2) —
a
service as a member of the Council before 31st July 2006, of whatever duration, is to be treated as service for an aggregate of 3 years; and
b
service as a member of the Council between 31st July 2006 and the end of 31st December 2008, of whatever duration, is to be treated as service for an aggregate of 3 years.
Education and training of members
4
The Council shall make provision in standing orders with respect to the requirements with regard to education and training of members of the Council, and those standing orders may provide for —
a
that education and training to be the responsibility of another body; and
b
those requirements to be set and varied by that body from time to time.
Disqualification from appointment as a member
5
A person is disqualified from appointment as a member of the Council if that person —
a
has at any time been convicted of an offence involving dishonesty or deception in the United Kingdom and the conviction is not a spent conviction;
b
has at any time been convicted of an offence in the United Kingdom, and —
i
the final outcome of the proceedings was a sentence of imprisonment or detention, and
ii
the conviction is not a spent conviction;
c
has at any time been removed —
i
from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners, the Charity Commission or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity —
aa
for which the person was responsible or to which the person was privy, or
bb
which the person by their conduct contributed to or facilitated, or
ii
under —
aa
section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities), or
bb
section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005 (powers of the Court of Session),
from being concerned with the management or control of any body;
d
has at any time been removed from office as the chair, member, convenor or director of any public body on the grounds, in terms, that it was not in the interests of, or conducive to the good management of, that body that the person should continue to hold that office;
e
at any time has been adjudged bankrupt or sequestration of the person’s estate has been awarded, and —
i
the person has not been discharged, or
ii
the person is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 (bankruptcy restrictions order and undertaking);
f
has at any time made a composition or arrangement with, or granted a trust deed for, the person’s creditors and the person has not been discharged in respect of it;
g
is subject to —
i
a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 ,
ii
a disqualification order under Part II of the Companies (Northern Ireland) Order 1986 ,
iii
a disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 , or
iv
an order made under section 429(2) of the Insolvency Act 1986 (disabilities on revocation of a county court administration order);
h
has been included by —
i
the Independent Barring Board in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ), or
ii
the Scottish Ministers in the children’s list or the adults’ list (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 );
i
has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by any licensing body, the final outcome of which was —
i
the person’s erasure from a register held by the licensing body or a decision that had the effect of preventing the person from practising the profession licensed or regulated by the licensing body,
ii
the person’s suspension from a register held by the licensing body, and that suspension has not been terminated, or
iii
a decision that had the effect of only allowing the person to practise that profession subject to conditions, and those conditions have not been lifted;
j
has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by the Council, or by any body that regulated registered nurses or registered midwives before the Council, in the course of which or where the final outcome has been that —
i
the person has been removed from or struck off the register (for a reason connected to the person’s fitness to practise),
ii
the person’s registration in the register has been suspended (including by an interim suspension order) and that suspension has not been terminated,
iii
the person’s registration in the register has been made conditional upon their compliance with any requirement (including an interim conditions of practice order) and that requirement has not been lifted, or
iv
the person’s registration in the register has been annotated by virtue of a caution order and that order is still in force;
k
has at any time been subject to any investigation or proceedings relating to an allegation that the person’s entry in the register was fraudulently procured, the final outcome of which was the removal of the person’s entry in the register;
l
is or has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by —
i
any licensing body, or
ii
the Council,
and the Privy Council is satisfied that the person’s membership of the Council would be liable to undermine public confidence in the regulation of the nursing and midwifery professions; or
m
has at any time been convicted of an offence elsewhere than in the United Kingdom and the Privy Council is satisfied that the person’s membership of the Council would be liable to undermine public confidence in the regulation of the nursing and midwifery professions.
Removal of members from office
6
1
A member shall be removed from office by the Privy Council, if —
a
the member resigns, which a member may do at any time by a notice in writing to the Privy Council;
b
in the case of —
i
a registrant member, that member’s registration becomes lapsed, or
ii
a lay member, that member becomes a person who no longer satisfies the criteria for being a lay member in paragraph 1A(1)(b) of Schedule 1 to the principal Order (membership: general);
c
the member becomes a person of the type mentioned in article 5(a), (b) or (e) to (h) (irrespective of whether or not they subsequently cease to be a person of the type mentioned in those provisions);
d
the member becomes a person of the type mentioned in article 5(c) or (d);
e
in the case of a registrant member, the member has become the subject of any investigation or proceedings concerning the member’s fitness to practise by the Council, as a result of which —
i
the member has been struck off the register,
ii
the member’s registration in the register has been suspended,
iii
the member’s registration in the register has been made conditional upon the member’s compliance with any requirement, or
iv
the person’s registration in the register has been annotated by virtue of a caution order,
and the proceedings relating to that particular sanction have reached their final outcome;
f
in the case of a registrant member, the member has become the subject of any investigation or proceedings relating to an allegation that the person’s entry in the register was fraudulently procured or incorrectly made, the final outcome of which is the removal of the person’s entry in the register;
g
the Privy Council is satisfied that the member’s level of attendance at meetings of the Council falls below a minimum level of attendance acceptable to the Privy Council, having regard to —
i
any recommended minimum levels of attendance that the Council have set in their standing orders, and
ii
whether or not there were reasonable causes for the member’s absences;
h
the Privy Council is satisfied the member has failed, without reasonable cause, to undertake satisfactorily the requirements with regard to education and training for members that apply to that member and which the Council have included in their standing orders;
i
the Privy Council is satisfied that the member is no longer able to perform their duties as a member of the Council because of adverse physical or mental health;
j
the Privy Council is satisfied that the member’s continued membership of the Council would be liable to undermine public confidence in the regulation of the nursing and midwifery professions.
2
A member who becomes, or may be about to become, a person to whom paragraph (1)(b) to (f) applies must notify the Privy Council and the Council in writing of that fact as soon as the person becomes aware of it.
3
Any member or employee of the Council may notify the Privy Council if they are of the view that the Privy Council may need to exercise its functions under paragraph (1).
4
The chair shall notify the Privy Council if the chair is aware that —
a
a member has become, or may be about to become, a person to whom paragraph (1)(b) to (f) applies; and
b
that member has not notified the Privy Council in writing of that fact and the chair is not satisfied that the member will do so immediately.
Suspension of members from office
7
1
The Privy Council may suspend a member from office by a notice in writing served on the member —
a
if the Privy Council has reasonable grounds for suspecting that the member has become a person to whom article 6(1)(b)(ii) to (d) applies, for the purposes of determining whether or not the member has become such a person;
b
while the Privy Council is considering whether or not it is satisfied as to the matters set out in article 6(1)(g) to (j);
c
if the member is subject to any investigation or proceedings concerning the member’s fitness to practise by —
i
any licensing body, or
ii
the Council,
and the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the Council while the investigation or proceedings concerning the member’s fitness to practise is or are ongoing;
d
if the member is the subject of any investigation or proceedings concerning whether the member’s entry in the register was fraudulently procured or incorrectly made and the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the Council while the investigation or proceedings concerning the member’s entry in the register is or are ongoing; or
e
if the member is subject to any investigation or proceedings in the United Kingdom relating to a criminal offence, or in any other part of the world relating to an offence which, if committed in any part of the United Kingdom, would constitute a criminal offence, and —
i
either —
aa
the investigation or proceedings relate to an offence involving dishonesty or deception, or
bb
the final outcome of the investigation or proceedings may be that the person is sentenced to a term of imprisonment or detention, and
ii
the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the Council while the investigation or proceedings is or are ongoing.
2
The Privy Council shall suspend a registrant member from office by a notice in writing served on the member if the member is the subject of an order under article 31 of the principal Order (interim orders by a Practice Committee).
3
The notice in writing under paragraph (1) or (2) shall set out the reasons for the suspension and the duration of the period of suspension, which shall (in the first instance) not be for more than 6 months.
4
The Privy Council may stay its consideration under paragraph (1) of whether or not to suspend a member while the Council considers whether or not to provisionally suspend the member under standing orders of the Council.
5
If a member has been provisionally suspended under standing orders of the Council —
a
the Council shall notify the Privy Council in writing of the provisional suspension as soon as is reasonably practicable; and
b
the Privy Council shall consider the matter with a view to determining whether or not to suspend the member under paragraph (1) or to remove the member under article 6(1).
6
If after considering the matter under paragraph (5)(b), the Privy Council decides not to suspend the member, and not to remove the member from office, the Council must terminate its provisional suspension of the member under its standing orders.
7
The Privy Council —
a
may at any time review a suspension of a member by it; and
b
shall review any suspension of a member by it after 3 months from the start of the period of suspension, if requested to do so by the suspended member.
8
Following a review, the Privy Council may —
a
terminate the suspension;
b
if that review is within 3 months of the end of a period of suspension, extend the suspension for a further period of up to 6 months from the date on which the suspension would otherwise come to an end.
9
The Privy Council shall notify the suspended member in writing of the outcome of any review and that notice in writing shall include the reasons for any decision taken.
PART 3 Chair of the Council
Appointment, term of office and cessation of office of the chair
8
1
The Privy Council shall, as one of its functions relating to the appointment of members of the Council, appoint the chair of the Council.
2
The Privy Council may appoint a person to be chair of the Council —
a
when it appoints the person to be a member of the Council; or
b
whom it has already appointed as a member of the Council.
3
The term of office of a member of the Council as chair shall be determined by the Privy Council on appointment of the member as chair, but it shall be for a period that is no longer than the period between the chair’s date of appointment as chair and the date on which the chair’s term of office as a member is due to expire (irrespective of whether or not they are thereafter reappointed as a member).
4
A member serving as chair shall cease to be chair —
a
on ceasing to be a member;
b
if the member resigns as chair, which the member may do at any time by a notice in writing to the Council;
c
if the member’s membership of the Council is suspended by the Privy Council; or
d
if a majority of the Council, excluding the chair (but not simply a majority at a quorate meeting), votes to terminate the member’s appointment as chair.
Deputising arrangements in respect of the chair
9
1
Subject to paragraph (2), if, for any reason, the chair is absent from a meeting of the Council, the members who are present at that meeting shall nominate one of their number to serve as chair at that meeting.
2
If, for any reason —
a
the Council is on notice that their chair is likely —
i
to be absent for more than one meeting of the Council, or
ii
to be unavailable to perform the duties of a chair for more than one month; or
b
the office of chair is vacant,
the Council may nominate a member (“deputy chair”) to serve as chair during the absence or unavailability of the chair or the vacancy.
3
A member serving as deputy chair shall cease to be deputy chair —
a
in the case of —
i
the absence or unavailability of the chair, once the chair notifies the Council that they are able to resume their duties, or
ii
the office of chair being vacant, once the vacancy is filled;
b
if the member ceases to be a member;
c
if the member resigns as deputy chair, which the member may do at any time by a notice in writing to the Council;
d
if the member’s membership of the Council is provisionally suspended by the Council or suspended by the Privy Council; or
e
if the Council votes (by a majority at a quorate meeting) to terminate the member’s appointment as deputy chair.
PART 4 Proceedings of the Council
Quorum of the Council
10
The quorum of the Council shall be 8.
Effect of vacancies etc. on the validity of proceedings
11
1
The validity of any proceedings of the Council shall not be affected by —
a
any vacancy among the members of the Council;
b
any defect in the appointment of a member of the Council;
c
a member whom the Privy Council must remove from the Council under article 6(1)(b) to (f) participating in the proceedings;
d
a member whom the Privy Council has removed under article 6(1) having participated in the proceedings; or
e
a member who has been provisionally suspended by the Council under its standing orders or suspended by the Privy Council under article 7(1) or (2) having participated in the proceedings.
2
Notwithstanding paragraph (1)(c), a member whom the Privy Council must remove from the Council under article 6(1)(b) to (f) is not entitled to participate in proceedings of the Council, pending the member’s removal from the Council by the Privy Council.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Child Support Commissioners (Procedure) (Amendment) Regulations 2008 and shall come into force on 20th August 2008.
Amendment of the Child Support Commissioners (Procedure) Regulations 1999
2
In regulation 4 of the Child Support Commissioners (Procedure) Regulations 1999 , in the definition of “panel member”, for paragraph (i) substitute —
i
is a solicitor of the Senior Courts of England and Wales or a barrister in England and Wales or who has a qualification that is specified in an order made under section 7(6A) of the Social Security Act 1998 ; or
.
3
At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (renaming of Supreme Court), the reference to the Senior Courts in regulation 1(2) of the Child Support Commissioners (Procedure) Regulations 1999, as substituted by regulation 2, is to be read as a reference to the Supreme Court.
Jack Straw
Lord Chancellor
18th July 2008


text:
Citation and commencement
1
This Order may be cited as the Occupational Pension Schemes (Levy Ceiling - Earnings Percentage Increase) Order 2008 and shall come into force on 4th March 2008.
The earnings percentage
2
For the purposes of section 178(3)(a) of the Pensions Act 2004 (the levy ceiling), the percentage by which it appears to the Secretary of State that the general level of earnings has increased during the review period is 3.6 per cent.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
5th February 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Crime and Disorder (Prescribed Information) (Amendment) Regulations 2008 and shall come into force on 23rd June 2008.
2
In these Regulations “the 2007 Regulations ” means the Crime and Disorder (Prescribed Information) Regulations 2007 .
Transitional provisions
2
1
The first information period to which these Regulations apply shall be the information period beginning on the 1st April 2008.
2
The first information period within which information shall be disclosed under the 2007 Regulations, as amended by these Regulations, is the period beginning on 1st July 2008.
Amendments to the 2007 Regulations
3
1
The Schedule to the 2007 Regulations shall be amended as follows.
2
In paragraph 1 for “for 2007/2008” substitute “as at 1st April 2008”;
3
In paragraph 2 for “the date of these Regulations” substitute “1st April 2008”.
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
28th May 2008


text:
1
These Regulations may be cited as the Leeds City College (Government) Regulations 2008 and come into force on 1st January 2009.
2
The Instrument of Government and Articles of Government of the further education corporation established under the name of “the Leeds City College” is to be as set out in Schedules 1 and 2 to these Regulations respectively.
Siôn Simon
Parliamentary Under Secretary of State
Department for Innovation, Universities and Skills
1st December 2008


text:
Title and commencement
1
These Regulations may be cited as the Plant Health (Fees) (Forestry) (Amendment) Regulations 2008 and come into force on 6th April 2008.
Amendments
2
1
The Plant Health (Fees) (Forestry) Regulations 2006 are amended as follows.
2
After paragraph (4) of regulation 3 (fees), insert —
4A
Where the consignment referred to in paragraph (4) consists of any material of a description in the first column of Schedule 3A and originates from a country listed in the third column of that Schedule, paragraph (4)(a) does not apply and instead the fee payable is that specified in Schedule 3A, such fee being due upon import whether or not a plant health check is carried out.
4B
Where, at the request of an importer, a plant health check is carried out at an approved place of inspection on a consignment referred to in the paragraph (4A), the fee specified in item 3 of Schedule 3 is payable.
.
3
After Schedule 3, insert —
SCHEDULE 3A
REDUCED RATE PLANT HEALTH CHECK FEES
Article 3(4A)
Genus Quantity Country of origin Fee
Acer saccharum Per consignment — up to 100m3 Canada £4.29 USA £9.19 — for each additional m3 or part thereof Canada £0.07 USA £0.15
.
The Official Seal of the Forestry Commissioners
Wilma Harper
Secretary to the Forestry Commissioners
7th March 2008


text:
Citation and commencement
1
These Regulations may be cited as the Pension Protection Fund (Entry Rules) Amendment Regulations 2008 and shall come into force on 2nd August 2008.
Amendment of the Pension Protection Fund (Entry Rules) Regulations 2005
2
1
The Pension Protection Fund (Entry Rules) Regulations 2005 are amended in accordance with this regulation.
2
In regulation 3(1) (schemes which cease to be eligible schemes), at the end of sub-paragraph (b) insert —
or
c
the employer in relation to the scheme, or the last remaining employer in relation to a multi-employer scheme, is dissolved,
.
3
After regulation 3(2), insert —
3
In its application to a segregated scheme, paragraph (1) has effect as if each section of the scheme were a separate scheme.
.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
7th July 2008


text:
Citation and commencement
1
1
These Regulations may be cited as the Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2008.
2
These Regulations come into force on 8th September 2008.
Amendment of Regulations
2
In regulation 2(1)(a) of the Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999 (definition of “Directive 97/68/ EC ”), for “European Parliament and Council Directive 2004/26/EC ” substitute “ Council Directive 2006/105/EC ”.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
23rd July 2008


text:
1
1
This Order may be cited as the Kaupthing Singer & Friedlander Limited (Determination of Compensation) Order 2008.
2
This Order comes into force on the day after the day on which it is made.
2
1
The amount of any compensation payable by the Treasury to Kaupthing in respect of the rights and liabilities transferred by the Kaupthing Singer & Friedlander Limited Transfer of Certain Rights and Liabilities Order 2008 is determined as nil.
2
In paragraph (1) “Kaupthing” means Kaupthing Singer & Friedlander Limited, company registered number 875947.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
18th December 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Community Legal Service (Funding) (Amendment) Order 2008 and comes into force on 1st July 2008.
2
In this Order “the 2007 Order ” means the Community Legal Service (Funding) Order 2007 .
Transitional provision
2
Where —
a
an application for funded services is made before 1st July 2008; or
b
a client is in receipt of Legal Help before 1st July 2008 and the funded services are extended on or after that date to include Help at Court or Legal Representation,
the 2007 Order shall continue to have effect as if this Order had not been made.
Amendments to the 2007 Order
3
In article 3(1) of the 2007 Order, in the definition of “Unified Contract”, for “the contract document, the schedule” substitute “the contract for signature, the schedules”.
4
For article 5(1)(a) of the 2007 Order substitute —
a
after competitive tendering has taken place (whether or not as to price) and under which funded services specified in the contract (including services provided at a specified place or on behalf of a specified type of client) may be provided only by the successful tenderers;
.
5
For the Schedule to the 2007 Order substitute the Schedule set out in the Schedule to this Order.
Signed by authority of the Lord Chancellor
Hunt
Parliamentary Under Secretary of State
Ministry of Justice
20th May 2008


text:
Citation and Commencement
1
These Regulations may be cited as the Income Tax (Construction Industry Scheme) (Amendment No.2) Regulations 2008 and shall come into force on 3rd June 2008.
Amendment to the Income Tax (Construction Industry Scheme) Regulations 2005
2
In Table 3 in regulation 32 (exceptions from compliance obligations) of the Income Tax (Construction Industry Scheme) Regulations 2005 insert at the end —
Obligation to make a payment under the Tax Acts or Taxes Management Act 1970. Late or non payment of an amount under £100.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
12th May 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Elections (Ordinary Day of Elections in 2009) Order 2008, and comes into force on the day after that on which it is made.
2
In this Order, “the 1972 Act ” means the Local Government Act 1972 .
Change of ordinary day of election
2
In 2009, the ordinary day of election of councillors in England for —
a
counties and districts; and
b
parishes,
shall be changed so as to be the same as the date of the poll at the European Parliamentary general election held in that year.
Parish council elections
3
Section 16(1) of the Representation of the People Act 1985 shall not apply in relation to any elections of parish councillors to be held on the ordinary day of election of councillors for local government areas in England in 2009.
Retirement date of councillors retiring or coming into office in 2009
4
1
The retirement date of a councillor or elected mayor who would regularly retire on the fourth day after the ordinary day of election in 2009 shall be determined in accordance with article 2, even if, as a result of the change in the ordinary day of election, his or her term of office will be longer than the period specified in any enactment.
2
The retirement date of a councillor or elected mayor who comes into office on the fourth day after the ordinary day of election in 2009 shall be unaffected by article 2, even if, as a result of the change in the ordinary day of election, his or her term of office will be shorter than the term specified in any enactment.
3
In this regulation, “elected mayor” means an individual elected as mayor of an authority in accordance with Part 2 of the Local Government Act 2000.
Elections to fill casual vacancies
5
In relation to a casual vacancy in the office of a councillor of a district, county or parish council who would regularly have retired on the fourth day after the ordinary day of election in 2009 —
a
section 89(3) of the 1972 Act; and
b
paragraphs (3) and (6) of rule 5 of the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 ,
have effect as if for the words “six months before” in each of these provisions there were substituted the words “the period beginning with 7th November 2008 and ending immediately before”.
Annual meetings
6
In relation to the annual meetings of authorities in England in 2009, the provisions of Schedule 12 to the 1972 Act have effect as if —
a
in paragraph 6A(1) (date of annual meeting of joint authorities and police authorities), for the words “and 30th June” there were substituted the words “and 31st August”;
b
in paragraph 14(1) (date of annual meeting of parish), in the case of a parish council for which 2009 is a year of ordinary elections, for the words “and 1st June” there were substituted the words “and 1st July”.
Administration of European Parliamentary elections
7
1
Paragraphs (2) and (3) shall have effect for the purposes of the European Parliamentary general elections in England in 2009.
2
In the definition of “local counting area” in regulation 2 of the 2004 Regulations , the reference to a parliamentary constituency shall have effect as if it were a reference to —
a
a district for which there is a district council;
b
a county for which there is a county council but no district councils;
c
a London Borough;
d
the City of London (including the Inner and Middle Temples); and
e
the Isles of Scilly.
3
In relation to each local counting area (within the meaning given to that term by paragraph (2)) —
a
section 6(5A) of the European Parliamentary Elections Act 2002 (returning officers), and regulation 6(2) of the 2004 Regulations shall not apply;
b
the local returning officer shall be the person who, by virtue of section 35 of the Representation of the People Act 1983 , is —
i
for a district, a county to which paragraph (2)(b) applies, or a London Borough, the returning officer for elections of councillors for that area;
ii
for the City of London, the person who is the returning officer for the election of councillors in the London borough of Westminster; and
iii
for the Isles of Scilly, the returning officer for elections to the Council of the Isles of Scilly.
4
In this article, “the 2004 Regulations” means the European Parliamentary Elections Regulations 2004 .
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
8.45 p.m. 4th November 2008


text:
Citation and commencement
1
These Regulations may be cited as the Social Fund Winter Fuel Payment (Temporary Increase) Regulations 2008 and shall come into force on 15th September 2008.
Modification of the Social Fund Winter Fuel Payment Regulations 2000
2
1
For the purpose of making social fund winter fuel payments in respect of the 2008–09 winter, regulation 2 of the Social Fund Winter Fuel Payment Regulations 2000 (social fund winter fuel payments) is applied as if —
a
the references to £100 (in both places) were to £125;
b
in paragraphs (1)(i), (2)(a) and (3), the reference to £200 were to £250;
c
in paragraph (2)(b), the reference to £200 were to £275;
d
in paragraph (2)(b), the reference to £150 were to £200; and
e
the references to £300 (in both places) were to £400.
2
In this regulation, “the 2008–09 winter” means the winter which follows the qualifying week beginning on 15th September 2008.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
3rd July 2008


text:
1
This Order may be cited as the Serious Crime Act 2007 (Commencement No. 3) Order 2008.
2
The following provisions of the Serious Crime Act 2007 shall come into force on 1st October 2008 —
a
Part 2 (encouraging and assisting crime) together with Schedules 3 (listed offences), 4 (extra-territoriality), 5 (amendments relating to service law) and 6 (minor and consequential amendments);
b
section 68(1) to (7) (disclosure of information to prevent fraud);
c
sections 69 and 70 (offence for certain further disclosures of information and penalty for that offence);
d
section 71(3) and (6) (code of practice for disclosure of information to prevent fraud);
e
section 72 (data protection rules);
f
section 91(1) (transitional and transitory provisions and savings) in so far as it relates to the provisions in sub-paragraph (g);
g
paragraphs 5, 6 and 8 of Schedule 13 (transitional and transitory provisions and savings);
h
section 92 (repeals and revocation) in so far as it relates to the entries in Schedule 14 in sub-paragraph (i); and
i
in Schedule 14 (repeals and revocation) the entries relating to —
i
the Criminal Law Act 1977 ;
ii
the Magistrates’ Courts Act 1980 ;
iii
the Magistrates’ Courts (Northern Ireland) Order 1981 ;
iv
the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 ;
v
the Public Order Act 1986 ;
vi
the Computer Misuse Act 1990 ;
vii
the International Criminal Court Act 2001 ; and
viii
the Police and Justice Act 2006 .
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
24th September 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Immigration, Asylum and Nationality Act 2006 (Duty to Share Information and Disclosure of Information for Security Purposes) Order 2008 and shall come into force on 1st March 2008.
2
In this Order —
“the 2006 Act ” means the Immigration, Asylum and Nationality Act 2006; and
“shuttle train”, “through train” and “international service” have the same meanings as in the Channel Tunnel (International Arrangements) Order 1993 .
3
Any power specified in this Order for the purposes of section 36(4)(a) or section 38(4)(a) of the 2006 Act should be read as including a reference to that power as modified under section 11 of the Channel Tunnel Act 1987 (regulation of the tunnel system: application and enforcement of law, etc ).
Duty to share information obtained or held under specified powers
2
1
Subject to paragraphs (2) and (3), the powers contained in the provisions set out in Schedule 1 to this Order are specified for the purposes of section 36(4)(a) of the 2006 Act (duty to share information).
2
The powers are only specified to the extent to which they relate to —
a
passengers on a ship or aircraft or through train or shuttle train;
b
crew of a ship or aircraft or through train or shuttle train;
c
freight on a ship or aircraft or through train or shuttle train; or
d
flights or voyages or international services.
3
A power shall not be construed as being specified if or in so far as it relates to a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 (former Inland Revenue matters) applies.
Duty to share information relating to other matters specified in respect of travel or freight
3
1
Subject to paragraph (2), the matters in respect of travel and freight set out in Schedule 2 to this Order are specified for the purposes of section 36(4)(b) of the 2006 Act (duty to share information).
2
A matter shall not be construed as being specified if or in so far as —
a
disclosure of information relating to it may prejudice an investigation or prosecution whether in the United Kingdom or elsewhere;
b
the consent of a third party is required for disclosure of information relating to it and that consent has not been obtained;
c
disclosure of information relating to it is likely to cause loss of life or serious injury to any person;
d
non-disclosure of information relating to it is necessary for the purpose of safeguarding national security; or
e
disclosure of information relating to it would be in breach of an obligation of the United Kingdom or Her Majesty’s Government under an international or other agreement.
Disclosure of information for security purposes: information obtained or held under specified powers
4
1
Subject to paragraphs (2) and (3), the powers contained in the provisions set out in Schedule 1 to this Order are specified for the purposes of section 38(4)(a) of the 2006 Act (disclosure of information for security purposes).
2
The powers are only specified to the extent to which they relate to —
a
passengers on a ship or aircraft or through train or shuttle train;
b
crew of a ship or aircraft or through train or shuttle train;
c
freight on a ship or aircraft or through train or shuttle train; or
d
flights or voyages or international services.
3
A power shall not be construed as being specified if or in so far as it relates to a matter to which section 7 of the Commissioner for Revenue and Customs Act 2005 (former Inland Revenue matters) applies.
Disclosure of information for security purposes: information relating to other matters specified in respect of travel or freight
5
The matters in respect of travel and freight set out in Schedule 2 to this Order are specified for the purposes of section 38(4)(b) of the 2006 Act (disclosure of information for security purposes).
Signed by authority of the Secretary of State
Liam Byrne
Minister of State
Home Office
26th February 2008
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
Treasury
28th February 2008


text:
PART 1 GENERAL
Citation and commencement
1
This Order may be cited as the County Durham (Structural Change) Order 2008 and shall come into force on the day after that on which it is made.
Interpretation
2
In this Order —
“the 2007 Act ” means the Local Government and Public Involvement in Health Act 2007;
“the 2000 Act ” means the Local Government Act 2000 as it has effect in relation to the County Durham council ;
“the 1972 Act ” means the Local Government Act 1972 ;
“article 7 functions” means the functions referred to in article 7;
“County Durham”, except in the definition of “the County Durham council” and the second mention of those words in article 3(2), means the county of County Durham;
“the 2008 election ” means the election required by article 13(1) to be held in 2008;
“the 2008 election day ” means the ordinary day of election of councillors in 2008;
“the County Durham council” means the council of the county of County Durham;
“the district councils” means the councils specified in article 4(b);
“the first transitional period” means the period beginning on the date on which this Order comes into force and ending on the fourth day after the 2008 election day;
“the Implementation Executive” means the committee established (whether before or after the coming into force of this Order) for the purposes of article 6(3);
“the main transitional function” has the meaning given by article 6(1); and
“the second transitional period” means the period beginning on the fourth day after the 2008 election day and ending on 1st April 2009.
PART 2 ESTABLISHMENT OF SINGLE TIER LOCAL GOVERNMENT IN COUNTY DURHAM
Single tier local government in County Durham
3
1
On and after 1st April 2009 the County Durham council shall be the sole principal authority for County Durham.
2
For the purposes of enactments relating to local government, there shall be a new district, whose area shall be co-terminous with that of County Durham; and the name of that new district shall be County Durham.
Abolition of districts and winding up and dissolution of district councils
4
On 1st April 2009 —
a
the following local government areas shall be abolished —
i
the borough of Sedgefield,
ii
the city of Durham,
iii
the district of Chester-Le-Street,
iv
the district of Derwentside,
v
the district of Easington,
vi
the district of Teesdale, and
vii
the district of Wear Valley; and
b
the following councils shall be wound up and dissolved —
i
Sedgefield Borough Council,
ii
Durham City Council,
iii
Chester-Le-Street District Council,
iv
Derwentside District Council,
v
Easington District Council,
vi
Teesdale District Council, and
vii
Wear Valley District Council.
Cessation of term of office of district councillors
5
Every person who holds office as a councillor of one of the district councils immediately before 1st April 2009 shall cease to hold office on that date.
PART 3 TRANSITIONAL FUNCTIONS AND THEIR DISCHARGE
Main transitional function and Implementation Executive
6
1
On the coming into force of this Order there shall be added to the functions of the County Durham council the function, which is to be exercisable only during the first and second transitional periods, of preparing for and facilitating the economic, effective, efficient and timely transfer of the district councils’ functions, property, rights and liabilities (“the main transitional function”).
2
Throughout the first transitional period, section 15 of the 2000 Act (discharge of functions: leader and cabinet executive) shall have effect in relation to the County Durham council and —
a
the main transitional function, and
b
the other transitional functions referred to in article 7 (“the article 7 functions”),
as if, in subsection (1), after the words “19 or 20,” there were inserted “or under the County Durham (Structural Change) Order 2008,”.
3
The County Durham council’s executive arrangements shall provide for the discharge of the main transitional function and the article 7 functions to be the responsibility, throughout the first transitional period, of a committee of the council’s executive, to be known as the Implementation Executive.
4
Such statutory provisions as apply to, or in relation to, committees of a local authority’s executive shall apply throughout the first transitional period to, or in relation to, the Implementation Executive subject only to paragraphs (5), (6) and (8) to (10) of this article and article 8(2) to (4); and for this purpose “statutory provisions” includes —
a
any enactment contained in an Act passed after the making of this Order; and
b
any instrument made at any time under an enactment (including an enactment contained in an Act passed after the 2007 Act).
5
The Implementation Executive shall consist of —
a
the person who is for the time being the leader of the County Durham Council,
b
nine other persons nominated by that Council who are for the time being members of that Council,
c
one other person nominated by that Council who is for the time being a Conservative Party member of that Council, and
d
seven persons nominated by the district councils, each of whom is nominated by one of the district councils and is for the time being a member of the council by which he is nominated (whether or not he is for the time being the leader of that council’s executive).
6
In making the nominations referred to in paragraph (5)(b) and (d), the County Durham council and the district councils shall, to the extent that it is practicable to do so, secure that at all times the Conservative Party, the Labour Party and the Liberal Democrats are each represented on the Implementation Executive by at least one member.
7
It shall be the duty of the County Durham council and each of the district councils to co-operate in the establishment of the Implementation Executive.
8
The leader of the Implementation Executive shall be the person who is for the time being the leader of the County Durham council’s executive; and that person shall preside at all meetings of the Implementation Executive at which he is present.
9
The Implementation Executive shall regulate its own proceedings, but a question to be decided by the Executive shall, in the first instance, be decided by the majority of those present and voting at the meeting at which the question is put, each member (including the leader of the Executive) having one vote.
10
In the case of an equality of votes, the person presiding at the meeting (whether or not the leader of the Executive) shall have a casting vote, in addition to any other vote the person may have.
Other transitional functions
7
1
The other transitional functions referred to in article 6(2)(b), which are to be exercisable only during the first and second transitional periods, are —
a
such executive and non-executive functions of the County Durham council as exist on the date on which this Order is made; and
b
such other functions (including functions exercisable by all or any of the district councils, and functions conferred on or after that date on local authorities generally or on particular classes of local authority),
as, by any of the means mentioned in paragraph (2), the Secretary of State may specify.
2
The means referred to in paragraph (1) are —
a
this Order,
b
a subsequent order made under section 7 of the 2007 Act by virtue of section 14 of the Interpretation Act 1978 (power to amend) ,
c
an order under section 20 of the 2007 Act (correction of orders), and
d
regulations under section 14 of the 2007 Act (regulations for supplementing orders).
Discharge of functions by Implementation Executive
8
1
The discharge of the main transitional function and the article 7 functions shall be a responsibility, throughout the first transitional period, of the Implementation Executive, and shall not, during that period, be a responsibility of the executive of the County Durham council.
2
Section 15(7) of the 2000 Act (which enables a committee of a local authority executive to arrange for the discharge of its functions by an officer of the authority) shall have effect during the first transitional period in relation to the Implementation Executive as if —
a
references to functions included references to responsibilities, and
b
the reference to an officer of the authority included a reference to —
i
a sub-committee of the Implementation Executive, and
ii
an officer of any of the district councils.
3
Section 15(9) of the 2000 Act (which enables a person who has made arrangements for the discharge by another person of any function of his, to discharge that function himself) shall have effect during the first transitional period in relation to arrangements made under subsection (7) of that section (as modified by paragraph (2) above) as if —
a
references to functions included references to responsibilities, and
b
the reference to an officer of the authority included a reference to —
i
a sub-committee of the Implementation Executive, and
ii
an officer of any of the district councils.
4
Section 21 of the 2000 Act (overview and scrutiny committees) shall not apply during the first transitional period in relation to any matter that is —
a
a responsibility of the Implementation Executive by virtue of paragraph (1), or
b
the responsibility of that Executive under arrangements made by the County Durham council under the 2000 Act.
5
Section 13 of the 2000 Act (functions which are the responsibility of an executive) shall have effect as if, at the end of subsection (10)(c), there were added “or as mentioned in article 8(6) of the County Durham (Structural Change) Order 2008”.
6
At any time during the first transitional period, the County Durham council and the district councils may discharge jointly under arrangements under section 101(5) of the 1972 Act the functions of —
a
reviewing or scrutinising decisions made, or other action taken, by the Implementation Executive in connection with any matter of a description mentioned in paragraph (4); or
b
preparing reports for, or making recommendations to, the Implementation Executive in connection with any function or responsibility of that Executive.
7
Where such arrangements as are mentioned in paragraph (6) are made, the joint committee shall inform the County Durham council and the district councils before the end of the first transitional period —
a
of the matters that it has considered, and
b
of the conclusions (if any) that it has reached concerning those matters.
Implementation Plan and further provisions relevant to discharge of functions by Implementation Executive
9
1
During the first transitional period, the Implementation Executive shall prepare, keep under review, and revise as necessary, an Implementation Plan which shall include —
a
such plans and timetables as the Implementation Executive considers necessary to secure the effective, efficient and timely discharge of the main transitional function and the article 7 functions; and
b
such budgets and plans as it considers necessary or desirable to facilitate the economic, effective, efficient and timely discharge of the County Durham council’s functions on or after 1st April 2009.
2
For the purposes of —
a
preparing, reviewing and revising the Implementation Plan,
b
discharging the main transitional function and the article 7 functions, and
c
discharging such other functions as may be conferred on it,
the Implementation Executive shall have regard to the information supplied by the County Durham council to the Secretary of State in support of its proposal for single tier local government in County Durham and, in particular, to the information supplied in relation to the matters specified in paragraphs 3.6 to 3.11 (strategic leadership, neighbourhood empowerment and value for money services) of the guidance “Invitations to councils in England”, issued by the Secretary of State in October 2006 .
3
The Implementation Executive may, by written notice to —
a
the proper officer of the County Durham council, or
b
the proper officer of any of the district councils,
require the council referred to in the notice to take such action relevant to the main transitional function or any of the article 7 functions as may be specified in the notice.
4
In paragraph (3), “the proper officer” means the officer appointed by the County Durham council or the district council concerned (as the case may be) for the purpose of receiving such notices.
Implementation Team
10
1
Not later than 21 days after the coming into force of this Order the Implementation Executive shall form a team of officers (“the Implementation Team”) for the purposes of —
a
during the first transitional period, assisting the Implementation Executive in the discharge of the main transitional function and the article 7 functions; and
b
during the second transitional period, assisting the executive of the County Durham council in the discharge of those functions.
2
The members of the Implementation Team shall include officers from both the County Durham council and each of the district councils.
3
The leader of the Implementation Team shall be an officer of the County Durham council.
4
It shall be the duty of the County Durham council and each of the district councils to co-operate in the formation of the Implementation Team and to release the officers concerned from their normal duties at such times or for such periods as the Implementation Executive or the executive of the County Durham council may reasonably require.
Dissolution of Implementation Executive, etc and further provisions relevant to transition
11
1
The Implementation Executive, any sub-committee of that Executive and any joint committee established as mentioned in article 8(6) shall be dissolved on the fourth day after the 2008 election day.
2
The discharge of the main transitional function and the article 7 functions in the second transitional period shall be an executive function of the County Durham council (falling to be discharged by that council’s executive in accordance with executive arrangements under the 2000 Act).
3
Section 15(7) of the 2000 Act shall have effect in relation to the discharge of that executive function as if the reference to an officer of the authority included a reference to an officer of any of the district councils.
4
Article 9 shall have effect in relation to the second transitional period as if —
a
the reference to the first transitional period were a reference to the second transitional period;
b
references to the Implementation Executive were references to the County Durham council’s executive; and
c
paragraph (3)(a) were omitted.
PART 4 DUTIES OF COUNTY DURHAM COUNCIL AND DISTRICT COUNCILS RELEVANT TO TRANSITION
General transitional duties of County Durham council and district councils
12
1
It shall be the duty of the County Durham council and the district councils —
a
to take, whether alone or in any combination, such steps as may be necessary to prepare for the transfer of the functions, property, rights and liabilities of the district councils;
b
to consult and co-operate with each other in order to secure the economic, effective, efficient and timely transfer of those functions, property, rights and liabilities; and
c
generally, to exercise their functions so as to further the purposes of this Order.
2
Without prejudice to the generality of paragraph (1), the County Durham council and each of the district councils shall provide such information relating to its functions as any other of those councils may reasonably request for the purpose of giving effect to this Order.
3
Any person authorised in that behalf by the council making the request shall be entitled, at all reasonable times, on producing evidence of his authority (if so required by the council from which the information is sought) —
a
to inspect any record belonging to or under the control of the council providing the information and relating to that council or its functions; and
b
to take, or be supplied with, a copy of any such record or part of it.
4
The rights conferred by paragraph (3) include the right to require any record which is not in legible form to be made available in legible form so that the authorised person may inspect or copy it or be supplied with copies.
PART 5 ELECTORAL MATTERS
County Durham council election in 2008
13
1
A whole council election of councillors of the County Durham council shall be held on the 2008 election day, on the ordinary day of election of councillors in 2013, and every fourth year thereafter.
2
The term of office of councillors elected to the County Durham council in 2005 or at any subsequent by-election held before the 2008 election day shall end on the fourth day after the 2008 election day.
3
Notwithstanding section 7(1) of the 1972 Act, the term of office of councillors elected to the County Durham council on the 2008 election day shall be five years, and they shall retire on the fourth day after the ordinary day of election of councillors in 2013.
4
The person who is for the time being the returning officer for County Durham shall take such steps as are necessary or appropriate to prepare for the 2008 election and shall, in particular, ensure that all necessary alterations are made in the electoral register.
5
For the purposes of the 2008 election, an electoral division for which, under the County Durham (Electoral Changes) Order 2005 (“the 2005 Order ”), one councillor is returned, shall return two councillors.
6
In paragraph (5) “electoral division” means an electoral division of County Durham established by article 3 of the 2005 Order
Cancellation of parish council elections, etc
14
1
Notwithstanding section 16(3) of the 1972 Act (election of parish councillors) —
a
elections shall not be held in 2011 for the return of councillors to the council of any parish in County Durham; and
b
the term of office of those parish councillors elected in 2007 or at any subsequent by-election held before the ordinary day of election of councillors in 2013 shall end on the fourth day after the ordinary day of election of councillors in 2013 .
2
Elections of parish councillors for every parish in County Durham shall be held on the ordinary day of election of councillors in 2013 and every four years thereafter.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
25th February 2008


text:
Title, application and commencement
1
1
These Regulations may be cited as the Zoonoses and Animal By-Products (Fees) (England) (No. 2) Regulations 2008.
2
They apply in England only.
3
They come into force on 15th January 2009.
Interpretation
2
In these Regulations —
“the 2005 Regulations” means the Animal By-Products Regulations 2005 ;
“the European Regulation” means Regulation (EC) No 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents as amended from time to time;
“official control samples” means samples taken by the Secretary of State under point 2.1.2.2 of the Annex to Commission Regulation (EC) No 1003/2005 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in breeding flocks of Gallus gallus and amending Regulation (EC) No 2160/2003 as amended from time to time or point 2.1 of the Annex to Commission Regulation (EC) No 1168/2006 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in laying flocks of Gallus gallus and amending Regulation (EC) No 1003/2005 as amended from time to time.
Fees
3
The fees prescribed in the Schedule must be paid to the Secretary of State by the person indicated in the Schedule and must be paid within 14 days of demand.
Revocation
4
The Zoonoses and Animal By-Products (Fees) (England) Regulations 2008 are revoked.
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
14th December 2008
We consent
Tony Cunningham
Bob Blizzard
Two of the Lords Commissioners of Her Majesty’s Treasury
8th December 2008


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2008, and shall come into force on 28th November 2008.
2
These Regulations apply in relation to local authorities in England.
3
In these Regulations, “the 2000 Regulations ” means the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 .
Amendment
2
The 2000 Regulations are amended as follows.
3
In regulation 2 (functions not to be the responsibility of an authority’s executive) —
a
omit paragraph (6C) and (6D);
b
for paragraph (7), substitute —
7
Section 101 (arrangements for discharge of functions by local authorities) of the 1972 Act shall not apply with respect to the discharge of any function mentioned in paragraph (5), (6)(a) to (c) or (6A), (6B), (6E) or (6F).
.
4
In paragraph B (licensing and registration functions) of Schedule 1 (functions not to be the responsibility of an authority’s executive) —
a
in column (1), after item 71 insert —
72
Functions relating to the registration of common land and town or village greens.
; and
b
in column (2), in relation to the entry in column (1) for item 72 insert —
Part 1 of the Commons Act 2006 (c.26) and the Commons Registration (England) Regulations 2008 ( S.I. 2008/1961 ).
.
5
Omit paragraph EA (functions relating to changing governance arrangements) of Schedule 1 (functions not to be the responsibility of an authority’s executive).
6
In paragraph I (miscellaneous functions) of Schedule 1 (functions not to be the responsibility of an authority’s executive) —
a
in column (1), after item 50 insert —
51
Power to apply for an enforcement order against unlawful works on common land.
;
b
in column (2), in relation to the entry in column (1) for item 51 insert —
Section 41 of the Commons Act 2006.
;
c
in column (1), after item 51 insert —
52
Power to protect unclaimed registered common land and unclaimed town or village greens against unlawful interference.
;
d
in column (2), in relation to the entry in column (1) for item 52 insert —
Section 45(2)(a) of the Commons Act 2006.
;
e
in column (1), after item 52 insert —
53
Power to institute proceedings for offences in respect of unclaimed registered common land and unclaimed town or village greens.
; and
f
in column (2), in relation to the entry in column (1) for item 53 insert —
Section 45(2)(b) of the Commons Act 2006.
.
Revocation
7
In regulation 4 (functions not to be the responsibility of an authority’s executive) of the Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008 —
a
paragraph (b) is revoked in so far as it inserts paragraphs (6C) and (6D) into regulation 2 (functions not to be the responsibility of an authority’s executive) of the 2000 Regulations; and
b
paragraph (c) is revoked.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
23rd October 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Amendment Order 2008 and comes into force on 1 st August 2008.
2
In this Order —
“the NHS Trusts Order ” means the National Health Service Trusts (Trust Funds: Appointment of Trustees) Order 2000 ;
“the principal Order ” means the NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Order 2007 .
Amendment of the Schedule to the principal Order
2
In the Schedule to the principal Order, after the entry “University Hospital Birmingham NHS Foundation Trust”, add the entry “University Hospitals Bristol NHS Foundation Trust”.
Amendment of the NHS Trusts Order
3
The Schedule to the NHS Trusts Order is amended by omitting the following entry —
The United Bristol Healthcare National Health Service Trust
.
Transitional
4
1
This paragraph applies to a person who, immediately before this Order comes into force, held office as a trustee for the University Hospitals Bristol NHS Foundation Trust by virtue of an appointment made under the NHS Trusts Order .
2
A person to whom paragraph (1) applies is to continue to hold office as a trustee for that NHS foundation trust, and the principal Order is to apply to that person, as if the person had been appointed as a trustee for that NHS foundation trust under the principal Order for the period specified on the person’s appointment.
Signed by authority of the Secretary of State for Health
Ben Bradshaw
Minister of State
Department of Health
17th July 2008


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty Land Tax (Variation of Part 4 of the Finance Act 2003) Regulations 2008 and shall come into force on 3rd September 2008.
2
These Regulations shall have effect in relation to transactions with an effective date —
a
on or after 3rd September 2008, and
b
before 3rd September 2009.
Variation of Part 4 of the Finance Act 2003
2
In section 77A(1) of the Finance Act 2003 (exceptions from notification for certain acquisitions of major interests in land) in item 1 after “Schedule 3” insert “other than an acquisition which is exempt by virtue of any regulations made under paragraph 5 of that Schedule”.
Steve McCabe
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd September 2008