text:
PART 1 Introductory and interpretation
Citation and commencement
1
These Regulations may be cited as the Local Authorities (Alcohol Disorder Zones) Regulations 2008 and shall come into force the day after the day on which they are made.
Interpretation
2
1
In these Regulations —
“ 2003 Act ” means the Licensing Act 2003 ;
“ 2006 Act ” means the Violent Crime Reduction Act 2006;
“action plan” means a plan prepared and published by a local authority and chief officer of police in accordance with section 16(4) of the 2006 Act (publication of action plan in relation to proposal to designate a locality as an alcohol disorder zone) with a view to making the designation of an alcohol disorder zone unnecessary;
“alcohol disorder zone” means a locality designated as such a zone by a local authority under section 16 of the 2006 Act (designation of alcohol disorder zones);
“club premises certificate” has the same meaning as in section 60 of the 2003 Act (club premises certificate);
“licence holder” means, in relation to a locality (however described) —
a person holding a premises licence authorising the use of premises within that locality for the sale of alcohol by retail; or
a club authorised by virtue of a club premises certificate to use premises within that locality for the supply of alcohol to members or guests.
“local authority” means —
a district council;
a county council for an area for which there are no district councils;
a London borough council;
the Common Council of the City of London in its capacity as a local authority;
the Council of the Isles of Scilly; or
a county council or a county borough council in Wales.
“chief officer of police” means, in relation to the designation of a locality as an alcohol disorder zone or the publication of an action plan in relation to a locality, the chief of police of the police force for the police area in which that locality is situated; and
“premises licence” means a licence granted under Part 3 of the 2003 Act (premises licences) in respect of any premises, which authorises the premises to be used for one or more licensable activities within the meaning of section 1(1) of that Act (licensable activities).
2
References in these Regulations to premises’ being in a locality (however described) include references to their being partly in that locality.
Interpretation of expressions relating to services
3
1
In these Regulations —
“non-baseline services” means, in relation to services provided in respect of a locality by a local authority, a chief officer of police or the British Transport Police, services provided over and above the level of services provided for any month by that person independently of any action plan relating to that locality or of any designation of that locality as an alcohol disorder zone, which is calculated as being the average level of services provided per month by that person in respect of that locality during the reference period;
“reference period” means, in relation to a particular locality, the period of time spanning the three consecutive months which are respectively four, five and six months prior to the publishing of a notice of proposal to designate a locality as an alcohol disorder zone in accordance with regulation 4; and
“service period” means, in relation to a particular locality, the period of time during which a local authority, chief officer of police or the British Transport Police provides non-baseline services in return for payment or charge.
2
For the purposes of these Regulations services are provided “in return for a payment” or in return for a charge” where they are provided in return for a payment made under an action plan or a charge imposed under Part 4 of these Regulations.
3
For the purposes of these Regulations, services are provided “in or in connection with” an alcohol disorder zone if they are provided —
a
in that zone or for the purpose of removing a person from that zone;
b
in immediate response to activities undertaken in licensed premises in that zone in respect of which there is in force a premises licence or a club premises certificate which is held by a licence holder who is not entitled to an exemption under regulation 12;
c
for the purpose of reducing nuisance or annoyance to members of the public or disorder in or near the alcohol disorder zone, which is associated with the consumption of alcohol in that zone or the consumption of alcohol that is supplied at premises in that zone; and
d
within the service period.
PART 2 Proposal to designate a locality as an alcohol disorder zone
Notice of proposal to designate a locality as an alcohol disorder zone
4
1
A notice published by a local authority in accordance with section 16(2) of the 2006 Act (notice of proposal to designate a locality as an alcohol disorder zone) shall —
a
identify the geographical area to be designated either by name or, if appropriate, by describing its boundaries; and
b
set out in general terms the implications of the proposal and the effect of the designation; and
c
where applicable, state the fact that the proposal results from a review of an existing alcohol disorder zone, which remains in force pending the making of any new designation; and
d
invite representations from interested persons within twenty-eight days about the proposal and about what might be included in an action plan with a view to making designation unnecessary .
2
A notice published in accordance with section 16(2) of the 2006 Act shall be published —
a
in a local newspaper circulating in the area in which the locality to be designated is situated; or
b
in such public places within the locality to be designated as the local authority considers appropriate.
3
Before a local authority publishes a notice in accordance with section 16(2) of the 2006 Act it shall consult the Chief Constable of the British Transport Police where the locality of the proposed zone includes or is within five hundred metres of an area where the British Transport Police have jurisdiction under section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 .
Consultation over proposal to designate a locality as an alcohol disorder zone
5
1
A local authority that publishes a notice in accordance with section 16(2) of the 2006 Act shall —
a
give notice in writing of the proposal to designate a locality as an alcohol disorder zone to each licence holder in that locality and the persons specified in paragraph (2);
b
invite representations within twenty-eight days from those persons regarding the proposal to designate a locality as an alcohol disorder zone;
c
provide each licence holder in that locality with the information set out in paragraphs (3) and (4); and
d
provide the persons specified in paragraph (2) with either the information specified in paragraph (3) or details of where that information can be obtained.
2
The persons are —
a
a parish, town or community council in whose area the locality to be designated falls;
b
a responsible authority that has responsibility in relation to the locality to be designated or in relation to premises within that locality;
c
where the locality of the proposed zone includes or is within five hundred metres of an area where the British Transport Police have jurisdiction under section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003, the Chief Constable of the British Transport Police; and
d
such other persons as the local authority considers appropriate.
3
The information is —
a
the geographical area to be designated identified either by name or, if appropriate, by describing its boundaries;
b
the basis on which the local authority is satisfied that the conditions in section 16(1) of the 2006 Act (designation of alcohol disorder zone) are met in relation to that locality;
c
in general terms, the implications of the proposal and the effect of the designation;
d
the disorder or the nuisance or annoyance in or near the locality that has been identified;
e
any actions taken to date to address that problem;
f
how the designation of that locality would address the problem and in particular —
i
the steps it is proposed will be taken by the local authority, chief officer of police, licence holders and, where the locality of the proposed zone includes or is within five hundred metres of an area where the British Transport Police have jurisdiction under section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003, the British Transport Police under an action plan with a view to making the designation of that locality unnecessary;
ii
the non-baseline services it is proposed will be provided by the local authority, the chief officer of police and the British Transport Police in or in connection with an alcohol disorder zone and in return for a charge; and
iii
the total amount of charges it is proposed would be payable under Part 4 of the Regulations (calculated by adding together the charge proposed for each licence holder);
g
the arrangements that will be put in place for reviewing the action plan and designation;
h
the basis on which the local authority will decide whether to designate a locality as an alcohol disorder zone following the publication of an action plan; and
i
where applicable, the fact that the proposal results from a review of an existing alcohol disorder zone, which remains in force pending the making of any new designation.
4
The information is —
a
any payment it is proposed will be paid to the local authority by the licence holder under the action plan;
b
any charge it is proposed will be paid to the local authority by the licence holder under Part 4 of the Regulations; and
c
the method by which that payment and charge would be calculated.
5
In paragraph (2)(b) a responsible authority means a responsible authority within the meaning of section 13(4) of the 2003 Act (responsible authorities).
Response to consultation
6
1
Where, pursuant to a notice published in accordance with section 16(2) of the 2006 Act or an invitation made in accordance with regulation 5(1)(b), representations are received by a local authority in response to a proposal to designate a locality as an alcohol disorder zone, the local authority shall, before publishing an action plan in relation to that proposal —
a
consider those representations; and
b
publish, in such manner as it considers appropriate, a general response to those representations that sets out any changes to the proposal.
2
Following consultation under regulations 4 and 5 and consideration of any representations received, the local authority shall consult the chief officer of police and, where the locality of the proposed zone includes or is within five hundred metres of an area where the British Transport Police have jurisdiction under section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003, the Chief Constable of the British Transport Police before making any decision regarding the proposal.
3
Paragraph (4) applies where, following the publication of a notice in accordance with section 16(2) of the 2006 Act and prior to the publication of an action plan relating to the proposal set out in that notice, a local authority decides to alter the geographical area it proposes will be designated as an alcohol disorder zone from the area set out in the notice.
4
Where this paragraph applies, a local authority shall before publishing an action plan ensure that a new notice is published, in accordance with regulation 5(1) in relation to the new locality to be designated.
5
Before publishing an action plan in accordance with section 16(4) of the 2006 Act a local authority and chief officer of police shall obtain the consent of the Chief Constable of the British Transport Police in respect of any non-baseline services which it is proposed are to be provided by the British Transport Police under the action plan.
6
Where, following the publication of a notice in accordance with section 16(2) of the 2006 Act and prior to the publication of an action plan relating to the proposal set out in that notice, a local authority decides not to designate a locality as an alcohol disorder zone the local authority shall —
a
publish that decision in a local newspaper circulating in the area in which the locality to be designated is situated or in such public places within the locality to be designated as the local authority considers appropriate; and
b
give notice of that decision (setting out its reasons) to the Secretary of State.
PART 3 Action Plan
Payments under an action plan and purposes for which they may be used
7
1
Subject to paragraph (3), an action plan published by a local authority and chief officer of police in accordance with section 16(4) of the 2006 Act with a view to making the designation of an alcohol disorder zone unnecessary may include provision for a scheme of payments to be made to the local authority by persons who at the time the action plan is published are, whether for all or part of the duration of the action plan, licence holders in the locality it is proposed will be so designated.
2
Any such payments shall be used for the provision by the local authority, the chief officer of police or the British Transport Police of non-baseline services in respect of the locality to which the action plan relates for the purpose of reducing nuisance or annoyance to members of the public or disorder in or near that locality which is associated with the consumption of alcohol in that locality or the consumption of alcohol that is supplied at premises in that locality.
Action plan
8
1
An action plan published by a local authority and chief officer of police in accordance with section 16(4) of the 2006 Act shall set out —
a
any specific steps that are to be taken by licence holders in the locality to which the action plan relates;
b
any payments that are to be made to the local authority by those persons;
c
any non-baseline services to be provided by the local authority, the chief officer of police and the British Transport Police in return for those payments;
d
any steps to be taken by the local authority and the chief officer of police otherwise than in return for those payments; and
e
the means by which the action plan will be reviewed.
2
Where a local authority decides, following publication of an action plan, that it is unnecessary to designate a locality as an alcohol disorder zone it shall —
a
give notice to each licence holder in the locality it was proposed would be designated —
i
of its decision;
ii
of any remaining steps to be taken by those persons under the action plan;
and
iii
of the outcome where those steps are not taken or are not taken by a particular date; and
b
give notice of that decision (setting out its reasons) to the Secretary of State.
PART 4 Alcohol Disorder Zone: Designation and Charges
Designation of an alcohol disorder zone
9
1
Before designating an alcohol disorder zone where the locality includes or is adjacent to an area where the British Transport Police have jurisdiction under section 31(1) of the Railways and Transport Safety Act 2003, a local authority shall consult the Chief Constable of the British Transport Police and shall obtain his consent in respect of any non-baseline services which it is proposed are to be provided by the British Transport Police.
2
Where a local authority designates a locality as an alcohol disorder zone by order in accordance with section 16(1) of the 2006 Act it shall —
a
publish that order, and set out in general terms the effect of that order, in a local newspaper circulating in the area in which the locality designated is situated or in such public places within the locality designated as the local authority considers appropriate; and
b
give notice to each licence holder in the alcohol disorder zone of that decision.
Imposition of charges on licence holders etc. in alcohol disorder zones
10
Subject to regulation 12, a local authority may impose charges to be paid to it for each month by all persons who, for all or part of the month in question, are licence holders in an alcohol disorder zone in that authority’s area.
Purposes for which charges to be used
11
1
Any charges paid to a local authority under this Part shall, after the costs of the scheme have been met, be used for the provision of non-baseline services by the local authority, the chief officer of police or the British Transport Police in or in connection with the alcohol disorder zone in question and to cover the costs of reviewing the zone under Part 5 of these Regulations.
2
In paragraph (1) the reference to the costs of the scheme is a reference to the costs of the arrangements made for, or in connection with, the imposition, collection and recovery of charges to be paid under this Part.
Exemption from charge
12
1
A licence holder to whom paragraph (2) applies is exempt from any charge to be paid to a local authority under this Part.
2
This paragraph applies to any licence holder in an alcohol disorder zone where —
a
the principal use to which the premises in respect of which the licence holder is licensed or authorised is put does not consist in or include the sale or supply of alcohol; and
b
the availability of alcohol on those premises is not the main reason, or one of the main reasons, why individuals enter or remain on those premises (whether generally or at particular times of the day or on particular days of the week, or both).
3
For the purposes of paragraph (2)(a), a local authority shall take into account any classification given to particular premises under the Town and Country Planning (Use Classes) Order 1987 .
Discount from charge
13
1
A local authority may grant a licence holder a discount of up to ninety per cent. on any charge to be paid to it under this Part where the licence holder has implemented, in whole or in part, the steps set out in the action plan relating to the designation of the alcohol disorder zone in question which are applicable to him.
2
Subject to paragraph (3), a local authority may grant a licence holder a discount of up to ninety per cent. on any charge to be paid to it this Part where the licence holder is a member of an accreditation or award scheme which —
a
seeks to reduce alcohol related offending; and
b
is recognised by the local authority for the purposes of this regulation.
3
In granting any discount under paragraph (2), the local authority shall have regard to the extent to which the licence holder has implemented the steps set out in the action plan which are applicable to him.
Rates of charges: method of computing
14
1
A local authority shall calculate the rates of charges applicable to each alcohol disorder zone which it designates under section 16 of the 2006 Act in accordance with these Regulations.
2
The rates of charges to be imposed on licence holders within an alcohol disorder zone shall be calculated by —
a
calculating the total cost of that zone in accordance with regulation 15; and
b
allocating, in accordance with regulation 16, that total cost between all licence holders within that zone, except those who are granted an exemption under regulation 12.
Rates of charges: calculation of total cost of alcohol disorder zone
15
1
The total cost of the alcohol disorder zone shall be calculated by adding together the cost of —
a
any chargeable non-baseline services provided by the local authority, the chief officer of police and the British Transport Police in or in connection with the alcohol disorder zone;
b
periodic review of the alcohol disorder zone undertaken in accordance with section 17(4) of the 2006 Act (procedure for designation of zones: periodic review); and
c
arrangements made for, or in connection with, the imposition, collection and recovery of charges under this Part.
2
For the purposes of paragraph (1)(a) the following non-baseline services provided by the local authority are chargeable —
a
activities undertaken by an inspector appointed under section 72 of the Weights and Measures Act 1985 (appointment of inspectors by local weights and measures authority) where undertaken for the purposes of section 154 of the 2003 Act (enforcement role for weights and measures authorities regarding the sale of alcohol to children);
b
activities undertaken by the chief executive officer or an environmental health officer of a local authority under section 40 or 41 of the Anti-social Behaviour Act 2003 (closure of noisy premises) or under the Noise Act 1996 but only in so far as those activities relate to premises in respect of which a premises licence has effect; and
c
activities undertaken by an officer of a licensing authority under section 57 (duty to keep and produce premises licence), 59 (inspection of premises before grant of premises licence), 94 (duty to keep and produce club premises certificate) or 96 (inspection of premises before grant of club premises certificate) of the 2003 Act, where that officer is authorised by that authority for those purposes.
3
For the purposes of paragraph (1)(a) non-baseline services provided by the chief officer of police are chargeable only if they are services provided by a constable or by an employee of a police authority who is designated as a community support officer under section 38(1) of the Police Reform Act 2002 (police powers for police authority employees).
4
For the purposes of paragraph (1)(a) the cost of the services provided by the chief officer of police shall be determined by the police authority for the police area in which the alcohol disorder zone is located.
5
For the purposes of paragraph (1)(a) non-baseline services provided by the British Transport Police are chargeable only if they are services provided by a constable of the British Transport Police or by an employee of the British Transport Police Authority who is designated as a community support officer under section 38(1) of the Police Reform Act 2002 (police powers for police authority employees) as that provision is applied to the British Transport Police by section 28(1)(a) of the Railways and Transport Safety Act 2003 (exercise of powers by civilians).
6
The cost of the services provided by the British Transport Police shall be determined by the British Transport Police Authority.
7
For the purposes of paragraph (2)(b) —
a
the chief executive officer of a local authority means the head of the paid service of the authority designated under section 4 of the Local Government and Housing Act 1989 ; and
b
an environmental health officer of a local authority means an officer authorised by that authority for the purpose of exercising a statutory function in relation to pollution of the environment or harm to human health.
Rates of charges: allocation of total cost of alcohol disorder zone
16
1
A local authority shall, in accordance with this regulation, score each set of premises in an alcohol disorder zone in respect of which a licence holder is licensed or authorised, except premises in respect of which the licence holder is entitled to an exemption under regulation 12.
2
A score shall be given for each of the following two criteria —
a
Premises’ rateable value; and
b
hours of opening during the service period.
3
In scoring premises against each criterion, the local authority shall have regard to the non-baseline services that will need to be provided in or in connection with the alcohol disorder zone in immediate response to activities in those premises.
4
The total score for each set of premises will determine the charge for those premises, whereby, subject to paragraph (6) and to any discounts granted in accordance with regulation 13, a higher charge shall be imposed on premises requiring a higher level of non-baseline services to be provided in or in connection with the alcohol disorder zone.
5
For the purposes of calculating the total score, a local authority may, in respect of all premises in an alcohol disorder zone in respect of which a licence holder is licensed or authorised, give more or less weight to either of the two scores calculated under paragraph (2) and may add or multiply together those scores, as weighted.
6
A local authority may use different weighting or add or multiply scores differently for different descriptions of premises, provided that all premises of the same description have their scores calculated in the same way.
7
A local authority may create bands of total scores, whereby each premises within a band will be subject to the same charge.
Statement of charge
17
1
Where a local authority designates a locality as an alcohol disorder zone in accordance with section 16(1) of the 2006 Act it shall, within five days of that designation, issue to each licence holder in that zone a statement containing the information specified in paragraph (2).
2
That information is —
a
any non-baseline services to be provided by the local authority, the chief officer of police and the British Transport Police in or in connection with the alcohol disorder zone and in return for a charge;
b
the total amount of charges to be paid to the local authority under this Part for each month;
c
the scores given under regulation 16(2) and the total score given under regulation 16(4) in respect of the premises for which the licence holder is licensed or authorised;
d
whether any discount or exemption applies to the licence holder;
e
if a discount applies, how that discount was calculated;
f
any band in which the premises in respect of which the licence holder is licensed or authorised are placed in accordance with regulation 16(7);
g
an estimate of the charge to be paid to the local authority by the licence holder for each month;
h
the service period or service periods applicable;
i
an approximation of the level of non-baseline services the licence holder can expect to receive from the local authority, the chief officer of police and the British Transport Police in return for the charge to be paid;
j
the means by which the licence holder can complain about the level of charge imposed; and
k
the regularity with which the licence holder will be invoiced.
Collection of charge
18
1
The local authority shall, on a regular basis, issue an invoice to each licence holder in an alcohol disorder zone except those who are granted an exemption under regulation 12
2
An invoice shall be served by post.
3
An invoice shall include the following information —
a
the name and address of the local authority;
b
the total amount payable for which the invoice is issued;
c
the period of time for which that amount is payable;
d
the amount payable for each month which falls within the period of time specified under sub-paragraph (c);
e
the date by which the payment must be made, which shall be twenty-eight days after service;
f
the method of payment to be used;
g
any reduction in the non-baseline services provided by the local authority, the chief officer of police and the British Transport Police in or in connection with the alcohol disorder zone in return for a charge during that period ; and
h
the consequences of late or non-payment of the charge.
4
For the purposes of paragraph (3)(e) the invoice is deemed to be served five days after the day on which it is posted.
5
For the purposes of paragraph (3)(g) there is a reduction in non-baseline services if the level of non-baseline services provided by the local authority, the chief officer of police and the British Transport Police in or in connection with the alcohol disorder zone as a whole is lower than the level of non-baseline services set out in the statement of charge in accordance with regulation 17(2)(a) .
Late payment of charge
19
1
Where a charge, or part of a charge, has not been paid to a local authority within twenty-eight days of service of the invoice the local authority shall issue a final demand notice to the licence holder.
2
The final demand notice shall include the same information as that contained in the original invoice, except that the date by which payment must be made shall be seven days after service of that notice.
3
Any charge which is not paid to the local authority within fourteen days of service of the final demand notice shall carry interest at the rate of three per cent. per annum from the tenth day to the date on which it is paid.
4
A final demand notice shall be served by post and is deemed to be served five days after the day on which it is posted.
Suspension of premises licences and club premises certificates for non payment of charge
20
1
Where a charge has not been paid to a local authority within seven days of service of a final demand notice, the local authority may issue a certificate to the relevant licensing authority which —
a
notifies the licensing authority that a charge has not been paid within seven days of service of a final demand notice; and
b
identifies the premises in respect of which the charge is payable.
2
The licensing authority shall give notice in writing to the person holding the licence or club premises certificate in respect of the premises identified in the certificate that —
a
a certificate has been received in respect of premises for which they hold a premises licence or a club premises certificate;
b
representations can be made by, or on behalf of, that person to the licensing authority within seven days of service of this written notice;
c
failure to make representations shall give rise to suspension of the premises licence or club premises certificate held by the person unless the licensing authority has reason to believe that the licence holder had good reason for withholding payment;
d
any representations shall be considered by the licensing authority at a hearing which the licensing authority will hold to determine whether to suspend the premises licence or club premises certificate held by the person; and
e
the person is entitled to attend and make oral representations at that hearing.
3
The written notice issued under paragraph (2) shall be served by post and shall be deemed to be served five days after the day on which it is posted.
4
The licensing authority shall, within forty days of receipt of a certificate, determine whether to suspend a premises licence or club premises certificate in respect of premises identified in the certificate it received and, where representations have been received from the person holding that licence or club premises certificate, it shall make that determination at a hearing.
5
Notice of that hearing must be served on all interested parties at least ten days before the hearing.
6
The written notice issued under paragraph (5) shall be served by post and shall be deemed to be served five days after the day on which it is posted.
7
The licensing authority shall suspend a premises licence or club premises certificate in respect of premises identified in a certificate where it is satisfied that a charge imposed by a local authority under regulation 10 has, without good reason, not been paid within seven days of service of a final demand notice.
8
The licensing authority shall give notice in writing of its decision to the holder of the premises licence or club premises certificate as soon as reasonably practicable.
9
The notice of its decision under paragraph (8) shall be served by post and is deemed to be served five days after the day on which it is posted.
10
Where the licensing authority suspends a premises licence or club premises certificate the suspension —
a
shall commence on the day after the day on which the notice is deemed to be served;
b
shall have effect until payment of the charge and any interest carried on that charge by virtue of regulation 19(3) is received by the local authority.
11
For the purposes of this regulation “licensing authority” has the same meaning as in section 3 of the Licensing Act 2003 (licensing authorities) and the relevant licensing authority is the authority which issued the premises licence or club premises certificate in respect of the premises identified in the certificate.
Allocation of charges received
21
1
A local authority shall pay to the police authority for the police area in which the alcohol disorder zone is situated the costs incurred by that authority in the provision of chargeable non-baseline services by the chief officer of police calculated in accordance with regulation 15.
2
A local authority shall pay to the British Transport Police Authority the costs incurred by that Authority in the provision of chargeable non-baseline services by the British Transport Police calculated in accordance with regulation 15.
PART 5 Review of alcohol disorder zone
Review of alcohol disorder zone
22
1
When carrying out a review of an alcohol disorder zone in accordance with section 17(4) of the 2006 Act (review of existing alcohol disorder zone) the local authority and chief officer of police shall, where the locality of the zone includes or is within five hundred metres of an area where the British Transport Police have jurisdiction under section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003, consult the Chief Constable of the British Transport Police.
2
Where on review of an alcohol disorder zone a local authority and chief officer of police consider it appropriate to maintain or to reduce the size of that zone they shall —
a
consider whether the level of any non-baseline services provided by the local authority, the chief officer of police and the British Transport Police in or in connection with that zone and in return for a charge should be varied; and
b
where the locality of the proposed zone includes or is within five hundred metres of an area where the British Transport Police have jurisdiction under section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003, obtain the consent of the Chief Constable of the British Transport Police in respect of any non-baseline services it is proposed are to be provided by the British Transport Police in or in connection with that zone.
3
After each review of an alcohol disorder zone —
a
a local authority and chief officer of police shall give notice to each licence holder in the alcohol disorder zone of —
i
their proposals for the alcohol disorder zone;
ii
except in cases where revocation is proposed, the basis on which they are satisfied that the conditions in section 16(1) of the 2006 Act continue to be met in relation to that locality;
iii
any change to the level of non-baseline services to be provided by them and the British Transport Police in or in connection with the alcohol disorder zone and in return for a charge; and
iv
any changes to the charge to be paid to the local authority by the licence holder;
and shall invite representations to be made by those persons within seven days;
b
a local authority shall publish in a local newspaper circulating in the area in which the designated locality under review is situated or in such public places within the designated locality as the local authority considers appropriate a notice setting out their proposals for the alcohol disorder zone and inviting representations within seven days.
Outcome of review
23
1
A local authority may, following consideration of any representations made pursuant to regulation 23, vary, revoke or maintain a designation.
2
In the case of revocation a local authority shall make an order under section 17(2) of the 2006 Act.
3
In the case of variation, revocation or maintenance of a designation —
a
a local authority and chief officer of police shall give notice to each licence holder in the alcohol disorder zone under review of the review decision and of any changes to the charge to be imposed on the licence holder; and
b
a local authority shall publish the relevant order, or in a case in which the designation is maintained a notice setting out that decision, in such public places within the locality designated, or to be designated, as the local authority considers appropriate or in a local newspaper circulating in the locality that is designated, or to be designated, or, in the case of a revocation, was designated.
PART 6 Miscellaneous
Notification to Secretary of State
24
1
A local authority shall send to the Secretary of State a copy of each of the documents specified in paragraph (2) as soon as reasonably practicable after it has been published or made as the case may be.
2
Those documents are —
a
a notice under section 16(2) of the 2006 Act setting out a proposal to designate a locality as an alcohol disorder zone;
b
an order under section 16(1) of the 2006 Act designating such a zone; and
c
a notice of, or order made pursuant to, a final review decision, under regulation 24(1).
Amendment of Local Authorities (Functions and Responsibilities) (England) Regulations 2000
25
In Part I (miscellaneous functions) of Schedule 1 (functions not to be the responsibility of an authority’s executive) to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 —
a
in column 1, at the end insert —
50
Power to make or revoke an order designating a locality as an alcohol disorder zone.
; and
b
in column 2, at the end insert —
Section 16 of the Violent Crime Reduction Act 2006 (c. 38) .
.
Amendment of Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2007
26
1
In Part I (miscellaneous functions) of Schedule 1 to the Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2007 —
a
in column 1, at the end insert —
17
17. Power to make or revoke an order designating a locality as an alcohol disorder zone.
; and
b
in column 2, at the end insert —
Section 16 of the Violent Crime Reduction Act 2006 (c. 38) .
.
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
4th June 2008


type: legislation

jurisdiction: UK

text:
PART 1 Introduction
Citation and commencement
1
These Rules may be cited as the Charity Tribunal Rules 2008 and shall come into force on 27th February 2008.
Interpretation
2
1
A reference in these Rules to a rule by number alone means the rule so numbered in these Rules.
2
In these Rules, unless the context requires otherwise —
“the 1993 Act” means the Charities Act 1993 ;
“the 2006 Act” means the Charities Act 2006 ;
“appeal” means an appeal to the Tribunal under the 1993 or 2006 Act or, where appropriate, an appeal to the High Court from the Tribunal’s decision under section 2C of the 1993 Act;
“appeal notice” means an appeal or application filed under rule 17(1) (appeal notice);
“appellant” means a person who makes an appeal or an application to the Tribunal;
“appellant’s reply” means a reply filed by an appellant under rule 19 (appellant’s reply);
“applicant” means a party (as defined in these Rules) who seeks permission to bring an appeal to the High Court against a decision of the Tribunal under section 2C of the 1993 Act;
“application” means an application to the Tribunal for the review of a reviewable matter in accordance with paragraphs 3 and 4 of Schedule 1C to the 1993 Act;
“Commission” means the Charity Commission under section 1A of the 1993 Act;
“Commission’s final decision” means the definitive decision of the Commission that is the subject matter of the appeal or application;
“direction” includes any direction or order given or made by the Tribunal;
“document” means anything in which information is recorded in any form, and an obligation under these Rules to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such documents or copy in a legible form or in a form which can be readily made into a legible form;
“file” means send to the Tribunal;
“legal representative” means an authorised advocate or authorised litigator as defined by section 119(1) of the Courts and Legal Services Act 1990 ;
“party” means an appellant (including the Attorney General when the Attorney General makes an appeal or application to the Tribunal) or the Commission and “other party” shall be construed accordingly;
“reference” means the referral by the Commission or the Attorney General of a question for the determination of the Tribunal in accordance with paragraphs 1 and 2 of Schedule 1D to the 1993 Act;
“reference notice” means a reference filed under rule 38(2) (notice of reference);
“referrer” means the person making a reference to the Tribunal, being either the Commission or the Attorney General;
“register” means the register kept by the Tribunal under rule 31(2);
“representations” means written representations or with the consent of the Tribunal, or at the Tribunal’s request, oral representations;
“respondent” means a person, not being the referrer or a witness, who takes part in reference proceedings (including, when not being the referrer, the Attorney General or the Commission);
“respondent’s notice” means a notice filed in accordance with rule 39(2) (respondent’s notice);
“response” means the document filed by the Commission under rule 18 (Commission’s response) in response to the appeal notice;
“response document” means —
in relation to the Commission, the Commission’s response; and
in relation to an appellant, the appellant’s reply;
“supplementary statement” means a statement that is supplementary to a response document and filed in accordance with a direction given by the Tribunal;
“Charity Tribunal” means the Charity Tribunal established under section 2A(1) of the 1993 Act;
“working day” means any day except for Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 .
3
Unless the context requires otherwise, and without prejudice to any provision of these Rules relating to who is authorised to act as a party’s representative, anything permitted or required by these Rules to be done by a party may be done by the representative of that party.
PART 2 General matters in appeals and applications
Directions
3
1
The Tribunal may at any time give directions to —
a
enable the parties to prepare for the hearing of the appeal or the application;
b
assist the Tribunal to determine the issues; and
c
ensure the just, expeditious and economical determination of the appeal or the application.
2
The Tribunal may give directions —
a
at the request of any party; or
b
of its own initiative.
3
Where the Tribunal gives a direction of its own initiative, it may (but need not) give prior notice to the parties of its intention to do so.
4
Any request for directions must include the reasons for making that request.
5
A request for directions must be filed except where it is made during the course of a hearing.
6
The party making the request must at the same time send a copy of that request to any other party except where —
a
the request is accompanied by the written consent of all the parties;
b
the request is made during a hearing; or
c
the request is made under rule 15(2) (exceptions to disclosure).
7
Where the Tribunal instructs that an oral hearing is to be held to consider a request under this rule, the Tribunal must give the parties not less than 14 days notice of the hearing unless the parties consent to shorter notice.
8
Directions may be given in writing or orally at a hearing.
9
When a direction is given orally at a hearing the Tribunal must send a copy of the direction to any party as soon as may be practicable after the direction has been announced by the Tribunal.
10
When a direction is given under these Rules containing a requirement —
a
it must include a statement of the possible consequences, as set out in rule 6 (failure to comply), of a party’s failure to comply with the requirement; and
b
it may specify a time limit for complying with the requirement.
11
When a direction is given under these Rules which affects a party or a witness, that party or witness may apply to the Tribunal showing good cause why the direction should be varied or set aside.
12
The Tribunal may, of the Tribunal’s own initiative, vary or set aside any direction given under these Rules.
13
The Tribunal must not vary or set aside a direction without first giving the party who requested the direction an opportunity to oppose that action.
Application for permission to make a late appeal or application
4
Where an appellant has made a request under rule 17(9) (appeal notice) to the Tribunal for a direction under rule 3 (directions) to allow an appeal or application to be made after the time limit for doing so has expired, the Tribunal must consider —
a
what steps (if any) the Commission has taken to notify or publicise the Commission’s final decision;
b
when the appellant became aware of the Commission’s final decision; and
c
when the appellant became aware of the right to make the appeal or application and of the time limit for making the appeal or application.
Powers of Tribunal to strike out etc.
5
1
The Tribunal may regulate its own procedure and may, if the Tribunal thinks fit order any appeal notice, response, response document, supplementary statement or representation to be struck out at any stage of the proceedings on the ground that it —
a
discloses no reasonable grounds for bringing or defending an appeal or an application;
b
is an abuse of the Tribunal’s process; or
c
is likely to obstruct the just disposal of proceedings.
2
Before making any order under paragraph (1), the Tribunal must provide an opportunity for the party against whom it is proposed that the order should be made, to make representations against the making of the order.
Failure to comply
6
1
The Tribunal may take any one or more of the steps in paragraph (2) in respect of a party, where that party has, without reasonable excuse, failed to comply —
a
with a direction given under these Rules; or
b
with a provision of these Rules.
2
The steps referred to in paragraph (1) are —
a
where that party is an appellant, dismiss the whole or part of that appellant’s appeal or application;
b
where that party is the Commission, strike out the whole or part of the response and, where appropriate, direct that the Commission be disqualified from participating in the appeal or application altogether.
3
The Tribunal must not take any of the steps under this rule in respect of a party unless it has given that party an opportunity to make representations against the taking of any such steps.
Irregularities
7
1
Any irregularity that arises before the Tribunal has reached its decision, resulting from failure to comply with any provision of these Rules or of any direction of the Tribunal, will not of itself render the proceedings void.
2
When any such irregularity comes to the attention of the Tribunal, the Tribunal may, and must if it considers that any person may have been prejudiced by the irregularity, give such directions as it thinks just to cure or waive the irregularity.
3
Mistakes in any document recording a direction or decision, or errors arising in such a document from an accidental slip or omission, may be corrected by a certificate signed by the Tribunal.
Signature of documents
8
Any requirement in these Rules or in a direction of the Tribunal for a document to be signed by a person is satisfied, in the case of a document which is sent electronically in accordance with these Rules or with a direction of the Tribunal, by that person producing the name using a computer or other mechanical means.
Calculation of time
9
Where the time prescribed for doing any act under these Rules expires on a day, which is not a working day, the act is done on time if done on the next working day.
Sending of notices
10
1
Subject to paragraph (4) any document that is required to be sent under these Rules may only be sent —
a
by first class post or by personal delivery to the postal address given to that party as the address for service;
b
subject to paragraph (2) by document exchange, fax or email;
c
where no address for service has been provided, by post or by personal delivery to a party’s registered office, principal place of business, head or main office or last known address.
2
Documents may only be sent to any party by document exchange, fax or email if the intended recipient has informed the Tribunal and any other party in writing —
a
that the intended recipient is willing to accept service by document exchange, fax or email; and
b
of the box number at the document exchange, the fax number or the email address to which documents should be sent.
3
If documents are sent by email in accordance with paragraph (2), the intended recipient may specify the format in which the documents must be sent.
4
Any documents to be filed with the Tribunal must be sent —
a
by first class post to an address specified by the Tribunal; or
b
by such other method as the Tribunal may permit, including document exchange, fax or email.
5
Where the Tribunal gives permission for documents to be filed using another method of service under paragraph (4)(b), the Tribunal may —
a
specify that the method may be used generally or only in relation to certain documents;
b
direct that the specified method is no longer available or substitute the specified method with another specified method; and
c
make such directions in relation to the use of a specified method as the Tribunal deems appropriate.
6
Any document which is sent in accordance with this rule must, unless the contrary is proved, be regarded as having been received —
a
where it has been sent by first class post, the second working day after it was posted;
b
where it is left at the specified address for service, if it is left on a working day before 5pm, on that day; or in any other case the working day after the day it was left;
c
where it was sent by email or by fax, if it is transmitted on a working day before 5pm, on that day; or in any other case, on the working day after the day that it was transmitted; or
d
where it was sent by document exchange, the second working day after it was left at the document exchange.
7
The Tribunal may direct that service of any documents under these Rules may be dispensed with and, in those circumstances, may make such consequential directions as the Tribunal deems appropriate.
Orders against a vexatious litigant
11
1
The Tribunal may make an order where a person has persistently initiated proceedings before the Tribunal which are without merit.
2
The Tribunal must not make an order under this rule without first inviting representations against the making of the order from the person against whom the order is to be made.
3
Where the Tribunal makes such an order the person against whom the order is made will be prevented from taking any proceedings before the Tribunal without first obtaining the Tribunal’s permission.
4
Where a person who is subject to an order initiates proceedings before the Tribunal without first obtaining permission of the Tribunal, the Tribunal may order that the person’s case is struck out —
a
without any new order needing to be made under this rule; and
b
without inviting representations from that person.
5
An order under this rule may only be made for a specified period not exceeding 2 years.
6
The Tribunal may extend the duration of an order under this rule on one occasion for a period not greater than 1 year if it considers that it is appropriate in the circumstances to do so.
7
The circumstances in paragraph (6) include the making of repeated requests for permission under paragraph (3) which are without merit by a person who is subject to an order under this rule.
8
A request for permission as described in paragraph (3) must be in writing and must —
a
state the nature of the request being sought;
b
explain that the person is the subject of an order made under this rule; and
c
be served on the parties to the proceedings in respect of which permission is being sought.
9
The parties under paragraph (8)(c) must provide any representations about the request for permission not more than 7 days from the date on which they receive the request.
10
The Tribunal must determine a request for permission under paragraph (8) —
a
on the papers; and
b
promptly, after having considered any representations made under paragraph (9).
Consolidation of appeals or applications
12
Where two or more appeal notices have been filed the Tribunal may direct that the appeals or the applications or any particular issue raised in the appeals or applications be consolidated or heard together —
i
in respect of the same matter;
ii
in respect of separate issues in the same matter; or
iii
which involve the same or similar issues.
Pre-hearing review
13
1
Where the Tribunal directs that it is appropriate to hold a pre-hearing review of the appeal or the application, unless the parties consent to shorter notice, the Tribunal must give the parties not less than 14 days’ notice of the time and place of the pre-hearing review.
2
At the pre-hearing review —
a
the Tribunal must give all directions appearing necessary or desirable to securing the just, expeditious and economical conduct of the appeal or the application; and
b
the Tribunal must endeavour to secure that the parties make all such admissions and agreements as they ought reasonably to have made in relation to the proceedings.
Preliminary questions
14
1
The Tribunal may direct that any preliminary question of fact or law which appears to be in issue in relation to the appeal or the application, be determined at a preliminary hearing.
2
The Tribunal must give the parties not less than 14 days notice of the time and place of a preliminary hearing unless the parties agree to shorter notice.
3
If, in the opinion of the Tribunal, the determination of that preliminary question substantially disposes of the appeal or the application, the Tribunal may —
a
treat the preliminary hearing as the hearing of the appeal or the application; and
b
make such order by way of disposing of the appeal or the application, as the Tribunal thinks fit.
4
If the parties agree in writing, the Tribunal may determine the preliminary question without an oral hearing.
5
Where the Tribunal determines the preliminary question without an oral hearing under paragraph (4), the Tribunal must not at the same time dispose of the appeal or the application unless the parties have agreed in writing to dispose of the appeal or application without an oral hearing.
Exceptions to disclosure
15
1
A party is not required to allow for the inspection of any document in a list under these Rules where inspection could not be compelled in a civil trial in England or Wales.
2
A party who can establish a ground in paragraph (3) may make a request to the Tribunal, without giving notice to any other party, for a direction under rule 3 (directions) authorising that party not to include a document in the list, or not to allow for the inspection of a document in the list, required by rule 18(4)(a) (Commission’s response), 19(3) (appellant’s reply) or 20(1) (secondary disclosure by Commission).
3
A party making a request under paragraph (2) must state in that request that a document should not be included or inspected on the ground that it —
a
would not be in the public interest;
b
may be prejudicial to national security; or
c
would not be fair having regard to the potential prejudice which may be caused to the legitimate interests of an appellant or a person other than an appellant.
4
For the purpose of deciding a request by a party under paragraph (2), the Tribunal may —
a
require that the document be produced to the Tribunal together with a statement of the reasons why it should not be included on a list or inspected as the case may be; and
b
without disclosing the document, invite any other person to make representations.
Provision of copy documents
16
Without prejudice to rule 15 (exceptions to disclosure), a party who has filed a list under rule 18(4)(a) (Commission’s response), 19(3) (appellant’s reply) or 20(1) (secondary disclosure by Commission) must, no later than 7 days from the date of the request of any other party —
a
provide that other party with a copy of any document specified in the list; or
b
make any such document available to that party to read or to copy.
PART 3 Initiating an appeal or application
Appeal notice
17
1
An appeal or application must be made by way of an appeal notice signed, dated and filed by an appellant.
2
An appeal notice under paragraph (1) must be filed not later than 42 days after the date on which an appellant was notified of the Commission’s final decision.
3
For the purposes of paragraph (2) an appellant is notified either on —
a
the date on which the appellant, being the subject of the decision, receives written notification of the Commission’s final decision; or
b
where the appellant is not the subject of the Commission’s final decision, the date the Commission’s final decision was published.
4
The appeal notice must state —
a
the name and address of that appellant;
b
the name and address of that appellant’s representative (if any);
c
an address for service and an individual contact at that address;
d
that the appeal notice concerns either —
i
the bringing of an appeal; or
ii
the bringing of an application;
e
the category in column 2 of the Table in Schedule 1C to the 1993 Act that that appellant falls into;
f
the reasons that appellant considers they are or may be affected by the Commission’s final decision;
g
the grounds on which that appellant relies in the appeal or the application to challenge the Commission’s final decision; and
h
details of the Commission’s final decision including —
i
the name of the person that the decision concerns;
ii
any reference number;
iii
the date that the final decision was notified to that appellant under paragraph (3); and
iv
whether that appellant was notified under paragraph (3)(a) or (3)(b) of this rule.
5
In paragraph (4)(a), “address” in respect of a corporation means the address of the registered or principal office.
6
Where a representative, other than a legal representative, is named in paragraph (4)(b) and the appeal notice is signed by that representative on behalf of an appellant, a statement that the representative is authorised to act on that appellant’s behalf, must be —
a
filed with the appeal notice; and
b
signed by that appellant; or
c
signed, where that appellant is not an individual, by an individual authorised by that appellant.
7
Except when there is a good reason why it is not possible, a copy of the Commission’s final decision relating to the appeal or application must be filed with the appeal notice in paragraph (2).
8
An appellant may make a request for directions under rule 3 (directions) when filing the appeal notice.
9
Where the time limit for making an appeal or application under paragraph (2) has expired, an appellant must include with the appeal notice a request for a direction under rule 3 (directions) to allow the appeal or application to be made after the time limit for doing so has expired.
10
A request for a direction to extend time under paragraph (9) must include —
a
a statement of the reasons for the delay in making the appeal or application; and
b
any information that will assist the Tribunal when it considers the matters set out in rule 4 (application for permission to make a late appeal or application).
11
At the same time as filing the appeal notice, an appellant must send a copy of that notice (and of any request in accordance with paragraphs (8) and (9)) to the Commission and to any other party.
12
Where a request is made under paragraph (9) the Tribunal must take no further action in relation to the appeal notice until such a request has been determined.
13
Except where a request has been made in accordance with paragraph (9) the Tribunal must —
a
enter particulars of the appeal or the application in the register;
b
inform the parties in writing of the date when the Tribunal received the appeal notice; and
c
specify the date on which the document under paragraph (b) is sent.
14
When a request has been determined in accordance with paragraph (12) the Tribunal must —
a
take the steps in paragraphs (13)(a) to (c) in relation to the appeal or the application; and
b
inform the parties of the Tribunal’s decision relating to the request for directions under paragraph (9).
Commission’s response
18
1
The Commission must file a response to the appeal notice under rule 17 (appeal notice).
2
A response under paragraph (1) must be received by the Tribunal no later than 28 days after the date on which the Commission received the documents sent by the Tribunal in accordance with rules 17(13) or (14).
3
The response must —
a
specify the legal basis for the Commission’s final decision;
b
specify the reasons for the Commission’s final decision;
c
state whether the Commission intends to play an active part in the proceedings;
d
specify the name and business address of the Commission’s representative (if any);
e
identify an address for service and an individual contact at that address;
f
contain the signature of a person authorised by the Commission; and
g
specify the date on which the response is filed.
4
Except where rule 15(2) (exceptions to disclosure) applies the response must be accompanied by —
a
a list of —
i
the documents relied on by the Commission when reaching the Commission’s final decision; and
ii
any additional documents which in the opinion of the Commission might undermine the Commission’s final decision or adversely affect its case or support the relevant appellant’s case;
b
a copy of the Commission’s final decision; and
c
if the Commission intends to play an active part, the names of any witnesses, including any expert witnesses.
5
If an expert witnesses is named in accordance with paragraph (4)(c), the Commission must —
a
provide full details about that witness;
b
identify the nature of the expertise that witness is intended to provide; and
c
request the Tribunal’s permission to call that witness in accordance with paragraph (7).
6
At the same time as the Commission files the response, the Commission must send to any other party —
a
a copy of the response;
b
a copy of the documents referred to in paragraph (4)(a) to (c); and
c
a copy of any request made under paragraphs (7) and (8).
7
The Commission may include a request for directions with the response.
8
When the time limit for filing the response under paragraph (2) has expired, the Commission must include with the response a request for a direction under rule 3 (directions) to allow the response to be filed after the time limit for doing so has expired.
9
A request under paragraph (8) must include a statement of the reasons for the delay in filing the response.
10
Where a request under paragraphs (7) or (8) has been determined, the Tribunal must send the parties the decision (including the particulars of the direction) and specify the date on which the decision is being sent.
Appellant’s reply
19
1
An appellant must file a written reply so that it is received by the Tribunal no later than 28 days after the date on which that appellant received the documents under rule 18(6) (Commission’s response).
2
The reply must —
a
identify all matters contained in the response which are disputed by that appellant;
b
state that appellant’s reasons for disputing them; and
c
specify the date on which it is filed.
3
The reply must be accompanied by —
a
a list of all the documents on which that appellant relies in support of the appeal or application, except where rule 15(2) (exceptions to disclosure) applies;
b
the names of any witnesses, including expert witnesses, that appellant intends to call; and
c
a copy of any request made under paragraphs (6) and (7).
4
If an expert witness is named in accordance with paragraph (3)(b), the appellant must —
a
provide full details about that witness;
b
identify the nature of the expertise that witness is intended to provide; and
c
request the Tribunal’s permission to call that witness in accordance with paragraph (6).
5
At the same time as filing the reply, that appellant must send to the Commission and any other party a copy of the reply and of the documents referred to in paragraph (3).
6
An appellant may include a request for directions in accordance with rule 3 (directions) with the reply.
7
When the time limit for filing a reply under paragraph (1) has expired, an appellant must include with the reply a request for a direction under rule 3 (directions) to allow the reply to be filed after the time limit for doing so has expired.
8
A request under paragraph (7) must include a statement of the reasons for the delay in filing the reply.
9
When the Tribunal has determined a request under paragraphs (6) or (7), the Tribunal must send the parties the Tribunal’s decision (including the particulars of any direction).
10
The Tribunal when sending the documents in paragraph (9) must specify the date on which they are being sent.
Secondary disclosure by the Commission
20
1
Except where rule 15(2) (exceptions to disclosure) applies, following the receipt of an appellant’s reply, the Commission must file a list of any further material —
a
which might reasonably be expected to assist that appellant’s case as disclosed by that appellant’s reply; and
b
which is not mentioned in the list provided in accordance with rule 18(4)(a) (Commission’s response).
2
Any list required to be filed under paragraph (1) must be filed so that it is received by the Tribunal no later than 14 days after the day on which the Commission received that appellant’s reply under rule 19(5) (appellant’s reply).
3
At the same time as filing any list required by paragraph (1), the Commission must send a copy of that list to that appellant and any other party.
PART 4 Hearings of appeals and applications
Fixing the time and place of the hearing of the appeal or application
21
1
Unless the parties otherwise agree or the Tribunal otherwise directs, the Tribunal must give the parties not less than 28 days notice of the time and place of the hearing of the appeal or application.
2
Before fixing the time and place of a hearing under paragraph (1), the Tribunal must consider —
a
whether the appeal or the application should be dealt with as a matter of urgency; and
b
the convenience and the ability of any appellant to attend a hearing, which is to be heard at short notice.
Intervention by Attorney General in appeals and applications
22
1
Where the Attorney General has received papers sent in accordance with section 2D(2) and (3) of the 1993 Act, the Attorney General must notify the Tribunal whether the Attorney General intends to intervene in the proceedings not later than 28 days after the date on which the Attorney General received those papers.
2
Regardless of paragraph (1) the Attorney General may notify the Tribunal that the Attorney General intends to intervene in the proceedings at any time.
3
When the Tribunal receives notification from the Attorney General under paragraphs (1) or (2) it must fix a directions hearing.
4
The Attorney General and the parties will be given not less than 28 days notice of the time and place of the hearing under paragraph (3) unless the Attorney General and parties agree to shorter notice.
5
When the Attorney General intervenes in proceedings under paragraph (2) the Attorney General may request under rule 3 (directions) that the Tribunal send all the necessary papers in the proceedings to the Attorney General.
Requests to the Attorney General for assistance
23
1
A request by the Tribunal to the Attorney General to argue any question in the proceedings pursuant to section 2D(4)(b) of the 1993 Act must be made in accordance with this rule.
2
The Tribunal must provide the Attorney General with an account of —
a
the question the Tribunal thinks it is necessary that the Attorney General argue;
b
the proceedings to date; and
c
the reasons the Tribunal considers it necessary to have the question argued.
3
A request by the Tribunal under this rule must be accompanied by the documents the Tribunal considers are necessary to enable the Attorney General to decide whether it is appropriate to provide assistance.
4
The Attorney General must respond to a request by the Tribunal under this rule not later than 28 days after the date the Attorney General received the documents in paragraph (2).
5
When the Tribunal has received a response from the Attorney General under paragraph (4), the Tribunal must fix a directions hearing.
6
The Tribunal must give the parties, and the Attorney General if the Attorney General agrees to argue the question, not less than 28 days notice of a directions hearing under paragraph (5), unless the parties to that hearing agree to shorter notice.
Withdrawal of appeal or application and unopposed appeals or applications
24
1
An appellant may withdraw their appeal or their application, and in accordance with paragraphs (a) and (b) the Tribunal must dismiss that party’s appeal or application where it is withdrawn —
a
at any time before the hearing of the appeal or the application, without permission, by filing a notice in writing to that effect; or
b
at the hearing of the appeal or the application, with the Tribunal’s permission.
2
The Commission may state that it does not oppose or is withdrawing its opposition to a party’s appeal or an application —
a
at any time before the hearing of the appeal or the application, without permission, by filing a notice to that effect; or
b
at the hearing of the appeal or the application, with the Tribunal’s permission.
3
When the Tribunal dismisses or allows a party’s appeal or application under this rule it must, as soon as is reasonably practicable, notify the parties of that decision.
4
When the Tribunal dismisses or allows a party’s appeal or application under this rule it may award costs in accordance with rule 33 (costs).
Determination without oral hearing
25
— The Tribunal may determine an appeal, an application, or any particular issue arising in an appeal or application, without an oral hearing if —
a
the parties agree in writing; or
b
the issue concerns a request for directions.
Public hearings and directions for private hearings
26
1
In this rule, “hearing” means any oral hearing under these Rules except for a directions hearing that takes place without notice to the other parties under rule 15(2) (exceptions to disclosure).
2
All hearings must be in public except for in the limited circumstances specified in this rule.
3
The Tribunal may direct that all or part of a hearing is to be in private upon the request of any party, if the Tribunal is satisfied that a hearing in private is necessary in the circumstances and would not prejudice the interests of justice.
4
Before determining a request under paragraph (3), the Tribunal must give any other party an opportunity to make representations.
5
Before giving a direction under paragraph (3) that all of a hearing should be in private, the Tribunal must consider whether it is only necessary that part of the hearing should be in private.
6
The Tribunal may direct that any proceedings are to be held in private and may direct that any particular individual be excluded from those proceedings.
7
The Tribunal may permit any individual to attend a hearing, which is to be held in private.
8
The Tribunal may exclude from the whole or part of any hearing any person whose conduct, in the opinion of the Tribunal, has disrupted or is likely to disrupt, the hearing.
9
Subject to any direction under paragraph (10), the Tribunal must provide for the public inspection of —
a
a daily list of all hearings; and
b
information about the time and place fixed for the hearings.
10
Where all or part of a hearing is held or is to be held in private, the Tribunal may direct that information about the whole or the relevant part of the proceedings before the Tribunal (including information that might help to identify any person) must not be made public.
11
Where a direction is given under paragraph (10), the Tribunal must state what information (if any), is to be entered in the register or removed from it.
Representation at hearings
27
1
Subject to paragraph (2), the parties may appear at a hearing and may be assisted or represented by any person, whether or not that person is a legal representative.
2
If in any particular appeal or application the Tribunal is satisfied that there are good and sufficient reasons for doing so, it may refuse to permit a person to assist or represent a party at the hearing.
3
Where a party intends to be represented or assisted by a person who has been the subject of an order under section 42 of the Supreme Court Act 1981 or section 33 of the Employment Tribunals Act 1996 that party must seek permission from the Tribunal to be represented or assisted by that person.
4
A party must make all reasonable enquiries to find out whether an order has been made in the circumstances set out in paragraph (3) and inform the Tribunal in accordance with that paragraph.
Adjournment of hearing
28
1
Where a party requests an adjournment of an appeal or an application hearing, that party must —
a
notify all other parties of the request for an adjournment except where notification is not practicable;
b
show good reason why an adjournment is necessary; and
c
produce evidence of any fact or matter relied upon in support of the request for adjournment.
2
The Tribunal must not adjourn a hearing of an appeal or application at the request of any party unless satisfied that the appeal or application cannot otherwise be justly determined.
3
Where the hearing of an appeal or an application is adjourned, the Tribunal must fix a new hearing date which —
a
must not be more than 28 days after the original hearing date, unless there are exceptional circumstances that mean the appeal or the application cannot be justly heard within that time; and
b
must not be later than is strictly required by the circumstances necessitating the adjournment.
Procedure at hearings
29
1
Subject to the 1993 Act, the 2006 Act and these Rules, the Tribunal must conduct all hearings under these Rules in such manner as the Tribunal considers most suitable to the clarification of the issues before it, and generally to the just, expeditious and economical determination of the proceedings.
2
Subject to any directions by the Tribunal, the parties may —
a
give evidence;
b
make a request under rule 3 (directions) to present expert evidence;
c
call witnesses;
d
question any witnesses; and
e
address the Tribunal on the evidence, and generally on the subject matter of the appeal or application.
3
Evidence may be admitted by the Tribunal —
a
whether or not it would be admissible in a civil trial in England and Wales; and
b
whether or not it was available to the Commission when the Commission’s final decision was made.
Failure to attend a hearing
30
1
If a party fails to attend or be represented at any hearing of which that party has been duly notified, the Tribunal may, if it is satisfied that there is no sufficient reason for the absence —
a
hear and determine the appeal or application in that party’s absence; or
b
adjourn the hearing.
2
The Tribunal may give any necessary directions when it takes one of the steps in paragraph (1).
3
A party may make a written request to the Tribunal to set a decision aside where that party was entitled but failed to attend or be represented at the hearing at which the decision was made.
4
When a request is made under paragraph (3) the Tribunal may set the decision aside if the party making the request shows good reason for failure to attend or be represented.
Publication of decisions of the Tribunal
31
1
The Tribunal must publish its decisions and the reasons for those decisions except where the Tribunal considers that there are circumstances that make it necessary to impose restrictions on publication.
2
Subject to any restrictions on publication imposed by the Tribunal, the Tribunal must keep a register which allows the public access without charge to —
a
the Tribunal’s decisions and the reasons for those decisions; and
b
details about appeals and applications.
3
A restriction on the publication of Tribunal proceedings may be imposed by the Tribunal —
a
on its own initiative; or
b
in response to a request by a party for a direction under rule 3 (directions).
4
If the Tribunal decides that a restriction on publication is necessary the Tribunal may take any steps, including any one or more of the steps specified in paragraph (6).
5
Any step taken under paragraph (4) must be taken with a view to ensuring the minimum restriction on publication that is consistent with the need for the restriction.
6
The specified steps that may be taken by the Tribunal under paragraph (4) are —
a
anonymising the decision;
b
editing the text of the decision; and
c
declining to publish the whole or part of the decision.
7
Before reaching a decision on whether to impose restrictions on publication the Tribunal must invite the parties, and any other person that the Tribunal considers necessary, to make representations.
Notification of the Tribunal’s decision
32
1
The Tribunal must as soon as may be practicable —
a
send a notification of a decision and the reasons for reaching it to each of the parties to the appeal or the application; and
b
subject to any steps taken under the Rules to restrict publication of a decision, enter the decision and the reasons for reaching it in the register.
2
Every notification under paragraph (1)(a) must be accompanied by a notification of —
a
the right to appeal from the Tribunal to the High Court; and
b
the time within which, and the place at which, an application for permission to appeal is to be made.
Costs
33
1
No costs order may be made by the Tribunal under section 2B(6) or (7) of the 1993 Act or under rule 24 (withdrawal of appeal or application and unopposed appeals or applications) without first giving the paying party an opportunity to make representations against the making of an order.
2
Where the Tribunal makes a costs order it may make an order —
a
that an amount fixed by the Tribunal must be paid by the paying party to the receiving party; or
b
that the costs are to be assessed by the Tribunal on such basis as the Tribunal specifies.
Review of the Tribunal’s decision
34
1
If, at the request of a party or at the Tribunal’s own initiative, the Tribunal is satisfied that the Tribunal’s decision was wrongly made as a result of an administrative error on the part of the Tribunal or staff, the Tribunal may review that decision.
2
When the Tribunal reviews a decision under paragraph (1) it may set aside that decision.
3
A request by a party under paragraph (1) must state the grounds on which the request is made and must be made —
a
orally at the hearing immediately following the announcement of the decision; or
b
by way of written application filed not later than 14 days after the date on which notification of the decision was sent by the Tribunal.
4
Where the Tribunal proposes to review its decision on its own initiative, the Tribunal must notify the parties of that proposal not later than 14 days after the date on which the decision was notified to the parties under rule 32 (notification of Tribunal’s decision).
5
The parties must have an opportunity to make representations in relation to any request or proposal for review under this rule.
6
A review under this rule is to be heard either by the same members of the Tribunal who made the decision or by a differently constituted Tribunal.
7
The decision of the Tribunal whether or not to set aside the decision must be recorded in a certificate signed by the Tribunal.
8
If the Tribunal sets the decision aside —
a
the Tribunal must —
i
substitute such decision as it thinks fit;
ii
make such correction as may be necessary in the register; and
iii
send a copy of the entry so corrected to the parties.
9
The Tribunal must notify the parties in writing of the Tribunal’s decision.
PART 5 Appeals from the Tribunal in appeals and applications
Permission to appeal to the High Court
35
1
A request to the Tribunal for permission to appeal to the High Court may be made by the applicant —
a
orally at the hearing immediately following the announcement of the decision by the Tribunal; or
b
by way of a written request filed not later than 28 days after the date on which the notification of the decision is received by the party making the application; or
c
by way of a written request filed not later than 28 days after the date on which the person making the application receives the notification under rule 34(9) (review of Tribunal’s decision).
2
A written request under paragraph (1)(b) or (c), must be signed by the applicant and must —
a
state the name and address of the applicant and any representative of the applicant;
b
identify the decision of the Tribunal to which the request relates; and
c
state the grounds on which the applicant intends to rely before the High Court.
Decision as to permission to appeal to the High Court
36
1
The request for permission to appeal to the High Court must be decided on the papers unless the Tribunal considers that special circumstances make a hearing desirable.
2
The decision of the Tribunal following a request for permission to appeal to the High Court, together with the reasons for its decision, must be recorded in writing.
3
The Tribunal must notify the applicant and each of the other parties of the decision and the reasons for the decision in writing.
4
If the Tribunal refuses the request, the notification to the applicant under paragraph (3) must inform the applicant of the right to seek permission to appeal from the High Court.
Appeal remitted by the High Court for rehearing
37
Where the High Court remits an appeal to the Tribunal for rehearing and determination (“the rehearing”) —
a
these Rules, so far as relevant, apply to the rehearing as they did to the original hearing of the appeal or application; and
b
the Tribunal must, within 28 days of the date on which the High Court ordered remittal, give directions in relation to the rehearing.
PART 6 Special provisions for references
Notice of reference
38
1
For the purposes of this Part, and where these Rules are stated as applying to the proceedings in a reference, “party” means the referrer or a respondent.
2
A reference must be made by way of a reference notice and filed by the referrer.
3
The reference notice must state —
a
whether the referrer is the Attorney General or the Commission;
b
the name and address of the referrer’s representative;
c
a copy of the Attorney General’s consent if the referrer is the Commission;
d
a statement of the question being referred;
e
if relevant, the circumstances out of which the reference has arisen;
f
the reason for the reference;
g
a statement of any relevant law;
h
a list of any relevant authorities;
i
a list of any other supporting documents that the referrer considers is relevant to the reference and would assist the Tribunal; and
j
those persons that the referrer thinks may be affected by the reference and why.
4
The referrer may include an application for directions with the reference notice which may be decided in accordance with rule 3 (directions).
5
Upon receiving a reference notice the Tribunal will —
a
enter the particulars in the register;
b
publish details of the reference and information about how a person likely to be affected by the reference can request to be a party to the reference (“the respondent”);
c
notify the Commission or the Attorney General, as appropriate, that —
i
the reference has been made; and
ii
they should inform the Tribunal, no later than 28 days after the date that the notification is received, of whether they intend to be a respondent.
6
The Tribunal will consider the requests it receives by virtue of the information published in accordance with paragraph (5)(b) and make a direction specifying the persons it has decided should be made a respondent.
7
The Tribunal will notify in writing those persons specified in a direction in paragraph (6).
Respondent’s notice
39
1
The Tribunal will send to the referrer and to persons selected as being respondents under rule 38(6) (notice of reference) a copy of the reference notice.
2
A respondent must file a respondent’s notice not later than 28 days beginning on the day after the document in paragraph (1) is received by the respondent.
3
The respondent’s notice must state —
i
the name of the respondent;
ii
the address for service;
iii
the name and address of the respondent’s representative (if any);
iv
the name of a contact person (if appropriate);
v
a full account of the impact that the Tribunal’s determination of the question being referred may have on the respondent or other persons identified by the respondent;
vi
any other matters that the respondent thinks the Tribunal should take into account when determining the reference; and
vii
whether the respondent intends to appear at the hearing or alternatively, make any representations in writing.
4
The respondent’s notice must be accompanied by a list of authorities and any other supporting documents relied on in support of the respondent’s case.
5
The respondent may include a request for directions with the respondent’s notice in accordance with rule 3 (directions).
6
At the same time as filing the respondent’s notice and the list in paragraph (4) the respondent must send to the referrer and any other respondent a copy of the notice.
Procedure at the reference hearing
40
1
After the notice of reference and the respondent’s notice have been filed, the Tribunal must convene a directions hearing.
2
The parties must be given 28 days notice of the time and place of the hearing under paragraph (1).
3
Part 1, 2 (except for rule 4), 4 (except for rules 24 and 34) and 5 (except for rule 35(1)(c)) apply to the determination of a reference by the Tribunal as they apply to the determination of an appeal or application.
4
The referrer may seek the Tribunal’s permission to withdraw a reference made under rule 38 (notice of reference).
Signed on the authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
4th February 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008.
2
These Regulations shall come into force on 1st October 2008.
3
In these Regulations —
“ the Act ” means the Child Maintenance and Other Payments Act 2008;
“claim” means a claim under section 46(1) of the Act;
“deceased” means a person who, immediately before death, had diffuse mesothelioma;
“mesothelioma” means diffuse mesothelioma;
“payment” includes a payment in money or money’s worth or in kind.
Disqualifying payments
2
1
The following payments are prescribed for the purposes of section 47(1)(a), (2)(a) and (3)(e) of the Act (payments which, if made in consequence of diffuse mesothelioma, prevent the conditions provided for in section 47(1)(a) and (2)(a) from being fulfilled) —
a
payment under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 ;
b
payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 ;
c
payment from any Government Department, authority, body corporate or employer exempted from insurance by or under section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 ;
d
payment under the UK Asbestos Trust established on 10th October 2006, for the benefit of certain persons suffering from asbestos-related diseases;
e
payment under the EL Scheme Trust established on 23rd November 2006, for the benefit of certain persons suffering from asbestos-related diseases.
2
The following payments are prescribed for the purposes of section 47(1)(b) and (2)(b) of the Act (payments eligibility for which prevents the conditions provided for in section 47(1)(b) or (2)(b) from being fulfilled) —
a
payment under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006;
b
payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005.
Disregarded payments
3
A payment made in error and which in consequence is liable to be repaid in accordance with a statutory provision or rule of law, is to be disregarded for the purpose of section 47(1)(a) or (2)(a) of the Act (conditions of entitlement).
Presence in the United Kingdom
4
1
In the case of a person with mesothelioma it is a condition of entitlement that the person was in the United Kingdom at a time when and place where that person was exposed to asbestos.
2
In the case of a dependant it is a condition of entitlement that the deceased was in the United Kingdom at a time when and place where the deceased was exposed to asbestos.
Amount of lump sum payment
5
1
The amount of a payment made under section 46(2) of the Act to a person with mesothelioma shall be determined in accordance with Table 1 of the Schedule.
2
In Table 1 of the Schedule, the reference to the age of the person is a reference to —
a
the age at which the person was first diagnosed with mesothelioma; or
b
where the age at which the person was first diagnosed with mesothelioma is unknown, the age at which the person made the claim.
3
The amount of a payment made under section 46(2) of the Act to a dependant shall be determined in accordance with Table 2 of the Schedule.
4
In Table 2 of the Schedule, the reference to the age of the person with mesothelioma is a reference to the age of that person at death.
Amendment of Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988
6
At the end of regulation 3 of the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988 (payments to persons disabled by disease), add —
5
Where —
a
a payment is made to a person under section 46 of the Child Maintenance and Other Payments Act 2008 (the mesothelioma payment) in respect of diffuse mesothelioma,
b
subsequently it is determined that the same person is entitled to a payment under section 1(1) of the Act in respect of the same diffuse mesothelioma,
the amount payable under paragraph (1) shall be reduced by the amount of the mesothelioma payment.
.
Signed by authority of the Secretary of State for Work and Pensions.
William D McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
17th July 2008


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


text:
Citation, commencement and application
1
1
This Order may be cited as the NHS Professionals Special Health Authority (Establishment and Constitution) (Amendment) Order 2008 and shall come into force on 1 st April 2008.
2
This Order applies to England only.
Amendment of the NHS Professionals Special Health Authority (Establishment and Constitution) Order 2003
2
For article 4 of the NHS Professionals Special Health Authority (Establishment and Constitution) Order 2003 (constitution of the Authority) substitute the following article —
4
1
The Authority shall consist of —
a
a chairman;
b
either 4 or 5 members who are not officers of the Authority;
c
the persons who for the time being hold the office of Chief Executive and Director of Finance of the Authority; and
d
either 2 or 3 other officers of the Authority.
2
An officer of the Authority, other than the Chief Executive or Director of Finance, shall not be appointed as a member of the Authority if the number of members who are officers of the Authority would exceed the number of members, other than the chairman, who are not officers of the Authority.
.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
28th February 2008