type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations 2008 and shall come into force on 13th November 2008.
2
These Regulations shall have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 13th November 2008;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities which are not conditional, in relation to agreements made on or after 13th November 2008;
ii
in the case of agreements to transfer traded securities which are conditional, in relation to agreements where the condition is satisfied on or after that date.
Interpretation
2
1
In these Regulations —
“clearing participant” means a member of LCH.Clearnet Limited who as such is permitted by the Rules of LCH.Clearnet Limited to clear transactions made on the Facility for a traded security and who may or may not also be a participant in the Facility;
“client” means a person who gives instructions to a non-clearing firm for traded securities to be sold on the Facility;
“LCH.Clearnet Limited” is a company which is a recognised clearing house under the Financial Services and Markets Act 2000 ;
“Equiduct Trading” is the electronic trading system used by Borse Berlin AG;
“the Facility” means Equiduct Trading operated by Borse Berlin AG, a business which is permitted to operate a trading facility under Article 36 of the Directive ;
“nominee” means a person whose business is or includes holding trading securities as a nominee for LCH.Clearnet Limited acting in its capacity as a person providing clearing services in connection with a transaction made on the Facility, or as a nominee for a clearing participant (as the case may be);
“non-clearing firm” means a participant in the Facility other than a clearing participant;
“traded securities” means stocks and shares which are issued or raised by a company but does not include stocks and shares issued by a company not incorporated in the United Kingdom unless —
the stocks and shares are registered in a register kept in the United Kingdom by or on behalf of the company; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a company incorporated in the United Kingdom.
Prescription of recognised investment exchanges and recognised clearing houses
3
For the purpose of sections 116 and 117 of the Finance Act 1991 —
a
Borse Berlin AG is prescribed as a recognised investment exchange; and
b
LCH.Clearnet Limited is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed in this regulation, a charge to stamp duty or stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a transaction made on the Facility conditions A and B are met.
3
Condition A is that traded securities of a particular kind are transferred, or agreed to be transferred, from —
a
a clearing participant or a nominee of a clearing participant to another clearing participant or nominee,
b
a non-clearing firm or its client to a clearing participant or a nominee of a clearing participant,
c
a clearing participant or a nominee of a clearing participant to LCH.Clearnet Limited or to a nominee of that clearing house,
d
a person other than a clearing participant to LCH.Clearnet Limited or to a nominee of that clearing house, as a result of a failure by a clearing participant to fulfil his obligations in respect of the transaction concerned to transfer traded securities to LCH.Clearnet Limited or to a nominee of that clearing house, or
e
LCH.Clearnet Limited or a nominee of that clearing house to a clearing participant or a nominee of a clearing participant.
4
Condition B is that the person to whom those securities are agreed to be transferred under any of the agreements specified in paragraph (3) (“the relevant agreement”) is required on receipt of those securities to transfer traded securities under a matching agreement to another person or, in the case of an agreement falling within paragraph (3)(d), would have been so required if the failure referred to in that paragraph had not occurred.
5
In paragraph (4) —
a
a “matching agreement” means an agreement under which —
i
the traded securities agreed to be transferred are of the same kind as the traded securities agreed to be transferred under the relevant agreement, and
ii
the number and transfer price of the traded securities agreed to be transferred are identical to the number and transfer price of the traded securities agreed to be transferred under the relevant agreement;
b
references to LCH.Clearnet Limited are references to that clearing house in its capacity as a person providing clearing services in connection with a transaction made on the Facility;
c
references to a clearing participant are references to a clearing participant in his capacity as such.
Consequential provision
5
1
Traded securities which are the subject of an agreement specified in regulation 4(3) shall be dealt with by a clearing participant who is party to the agreement in a separate designated account, and not otherwise.
2
In paragraph (1) “designated account” means an account designated by LCH.Clearnet Limited for a clearing participant in connection with the traded securities concerned.
Tony Cunningham
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd October 2008


text:
PART 1 Preliminary
Citation, commencement and application
1
1
These Regulations may be cited as the Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008 and shall come into force on 3rd November 2008.
2
These Regulations apply in relation to England only.
Interpretation
2
In these Regulations —
“approved mental health professional” means a person approved under section 114(1) of the Mental Health Act 1983 to act as an approved mental health professional for the purposes of that Act;
“best interests assessor” means a person selected to carry out a best interests assessment under paragraph 38 of Schedule A1 to the Act ;
“General Social Care Council” has the meaning given by section 54(1) of the Care Standards Act 2000 ; and
“the Act” means the Mental Capacity Act 2005.
PART 2 Eligibility to carry out assessments
Eligibility – general
3
1
In addition to any requirement in regulations 4 to 9, a person is eligible to carry out an assessment where paragraphs (2) to (4) are met.
2
The person must —
a
be insured in respect of any liabilities that might arise in connection with carrying out the assessment; and
b
satisfy the supervisory body that he or she has such insurance.
3
The supervisory body must be satisfied that the person has the skills and experience appropriate to the assessment to be carried out which must include, but are not limited to, the following —
a
an applied knowledge of the Mental Capacity Act 2005 and related Code of Practice ; and
b
the ability to keep appropriate records and to provide clear and reasoned reports in accordance with legal requirements and good practice.
4
The supervisory body must be satisfied that there is in respect of the person —
a
an enhanced criminal record certificate issued under section 113B of the Police Act 1997 (enhanced criminal record certificates); or
b
if the purpose for which the certificate is required is not one prescribed under subsection (2) of that section, a criminal record certificate issued pursuant to section 113A of that Act (criminal record certificates).
Eligibility to carry out a mental health assessment
4
1
A person is eligible to carry out a mental health assessment if paragraphs (2) and (3) are met.
2
The person must be —
a
approved under section 12 of the Mental Health Act 1983 ; or
b
a registered medical practitioner who the supervisory body is satisfied has at least three years post registration experience in the diagnosis or treatment of mental disorder.
3
The supervisory body must be satisfied that the person has successfully completed the Deprivation of Liberty Safeguards Mental Health Assessors training programme made available by the Royal College of Psychiatrists .
4
Except in the 12 month period beginning with the date the person has successfully completed the programme referred to in paragraph (3), the supervisory body must be satisfied that the person has, in the 12 months prior to selection, completed further training relevant to their role as a mental health assessor.
Eligibility to carry out a best interests assessment
5
1
A person is eligible to carry out a best interests assessment if paragraphs (2) and (3) are met.
2
The person must be one of the following —
a
an approved mental health professional;
b
a social worker registered with the General Social Care Council;
c
a first level nurse, registered in Sub-Part 1 of the Nurses’ Part of the Register maintained under article 5 of the Nursing and Midwifery Order 2001 ;
d
an occupational therapist registered in Part 6 of the register maintained under article 5 of the Health Professions Order 2001 ; or
e
a chartered psychologist who is listed in the British Psychological Society’s Register of Chartered Psychologists and who holds a relevant practising certificate issued by that Society .
3
The supervisory body must be satisfied that the person —
a
is not suspended from the register or list relevant to the person’s profession mentioned in paragraph (2);
b
has at least two years post registration experience in one of the professions mentioned in paragraph (2);
c
has successfully completed training that has been approved by the Secretary of State to be a best interests assessor;
d
except in the 12 month period beginning with the date the person has successfully completed the training referred to in sub-paragraph (c), the supervisory body must be satisfied that the person has, in the 12 months prior to selection, completed further training relevant to their role as a best interests assessor; and
e
has the skills necessary to obtain, evaluate and analyse complex evidence and differing views and to weigh them appropriately in decision making.
Eligibility to carry out a mental capacity assessment
6
A person is eligible to carry out a mental capacity assessment if that person is eligible to carry out —
a
a mental health assessment; or
b
a best interests assessment.
Eligibility to carry out an eligibility assessment
7
A person is eligible to carry out an eligibility assessment if that person is —
a
approved under section 12 of the Mental Health Act 1983 and is eligible to carry out a mental health assessment; or
b
an approved mental health professional and is eligible to carry out a best interests assessment.
Eligibility to carry out an age assessment
8
A person is eligible to carry out an age assessment if that person is eligible to carry out a best interests assessment.
Eligibility to carry out a no refusals assessment
9
A person is eligible to carry out a no refusals assessment if that person is eligible to carry out a best interests assessment.
PART 3 Selection of Assessors
Selection of assessors – relatives
10
1
A supervisory body must not select a person to carry out an assessment if the person is —
a
a relative of the relevant person ; or
b
a relative of a person who is financially interested in the care of the relevant person.
2
For the purposes of this regulation a “relative” means —
a
a spouse, ex-spouse, civil partner or ex-civil partner;
b
a person living with the relevant person as if they were a spouse or a civil partner;
c
a parent or child;
d
a brother or sister;
e
a child of a person falling within sub-paragraphs (a), (b) or (d);
f
a grandparent or grandchild;
g
a grandparent-in-law or grandchild-in-law;
h
an uncle or aunt;
i
a brother-in-law or sister-in-law;
j
a son-in-law or daughter-in-law;
k
a first cousin; or
l
a half-brother or half-sister.
3
For the purposes of this regulation —
a
the relationships in paragraph (2)(c) to (k) include step relationships;
b
references to step relationships and in-laws in paragraph (2) are to be read in accordance with section 246 of the Civil Partnership Act 2004 ; and
c
financial interest has the meaning given in regulation 11.
Selection of assessors – financial interest
11
1
A supervisory body must not select a person to carry out an assessment where the person has a financial interest in the case.
2
A person has a financial interest in a case where —
a
that person is a partner, director, other office-holder or major shareholder of the managing authority that has made the application for a standard authorisation ; and
b
the managing authority is a care home or independent hospital .
3
A major shareholder means —
a
any person holding one tenth or more of the issued shares in the managing authority, where the managing authority is a company limited by shares; and
b
in all other cases, any of the owners of the managing authority.
Selection of best interests assessors
12
1
A supervisory body must not select a person to carry out a best interests assessment if that person is involved in the care, or making decisions about the care, of the relevant person.
2
Where the managing authority and supervisory body are both the same body, the supervisory body must not select a person to carry out a best interests assessment who is employed by it or who is providing services to it.
PART 4 Assessments
Time frame for assessments
13
1
Except as provided in paragraph (2), all assessments required for a standard authorisation must be completed within the period of 21 days beginning with the date that the supervisory body receives a request for such an authorisation.
2
Where a supervisory body receives a request for a standard authorisation and the managing authority has given an urgent authorisation under paragraph 76 of Schedule A1 to the Act, the assessments required for that standard authorisation must be completed within the period during which the urgent authorisation is in force.
Time limit for carrying out an assessment to decide whether or not there is an unauthorised deprivation of liberty
14
Subject to paragraph 69(3) to (5) of Schedule A1 to the Act, an assessment required under that paragraph must be completed within the period of 7 days beginning with the date that the supervisory body receives the request from an eligible person.
Relevant eligibility information
15
1
This regulation applies where an individual is being assessed and the eligibility assessor and the best interests assessor are not the same person.
2
The eligibility assessor must request that the best interests assessor provides any relevant eligibility information that the best interests assessor may have.
3
The best interests assessor must comply with any request made under this regulation.
4
In this regulation “eligibility assessor” means a person selected to carry out the eligibility assessment under paragraph 46 of Schedule A1 to the Act.
PART 5 Requests for a standard authorisation
Information to be provided in a request for a standard authorisation
16
1
A request for a standard authorisation must include the following information —
a
the name and gender of the relevant person;
b
the age of the relevant person or, where this is not known, whether the managing authority believes that the relevant person is aged 18 years or older;
c
the address and telephone number where the relevant person is currently located;
d
the name, address and telephone number of the managing authority and the name of the person within the managing authority who is dealing with the request;
e
the purpose for which the authorisation is requested;
f
the date from which the standard authorisation is sought; and
g
whether the managing authority has given an urgent authorisation under paragraph 76 of Schedule A1 to the Act and, if so, the date on which it expires.
2
Except as provided for in paragraph (3), a request for a standard authorisation must include the following information if it is available or could reasonably be obtained by the managing authority —
a
any medical information relating to the relevant person’s health that the managing authority considers to be relevant to the proposed restrictions to the relevant person’s liberty;
b
the diagnosis of the mental disorder (within the meaning of the Mental Health Act 1983 but disregarding any exclusion for persons with learning disability) that the relevant person is suffering from;
c
any relevant care plans and relevant needs assessments;
d
the racial, ethnic or national origins of the relevant person;
e
whether the relevant person has any special communication needs;
f
details of the proposed restrictions on the relevant person’s liberty;
g
whether section 39A of the Act (person becomes subject to Schedule A1) applies;
h
where the purpose of the proposed restrictions to the relevant person’s liberty is to give treatment, whether the relevant person has made an advance decision that may be valid and applicable to some or all of that treatment;
i
whether the relevant person is subject to —
i
the hospital treatment regime,
ii
the community treatment regime, or
iii
the guardianship regime ;
j
the name, address and telephone number of —
i
anyone named by the relevant person as someone to be consulted about his welfare,
ii
anyone engaged in caring for the person or interested in his welfare,
iii
any donee of a lasting power of attorney granted by the person,
iv
any deputy appointed for the person by the court, and
v
any independent mental capacity advocate appointed in accordance with sections 37 to 39D of the Act; and
k
whether there is an existing authorisation in relation to the detention of the relevant person and, if so, the date of the expiry of that authorisation.
3
Where —
a
there is an existing authorisation in force in relation to the detention of the relevant person; and
b
the managing authority makes a request in accordance with paragraph 30 of Schedule A1 to the Act for a further standard authorisation in relation to the same relevant person,
the request need not include any of the information mentioned in paragraph (2)(a) to (j) if that information remains the same as that supplied in relation to the request for the existing authorisation.
4
In this regulation “existing authorisation” has the same meaning as in paragraph 29 of Schedule A1 to the Act.
PART 6 Supervisory bodies: care homes
Disputes about the Place of Ordinary Residence
Application and Interpretation of Part 6
17
1
This Part applies where —
a
a local authority (“local authority A”) receives a request from —
i
a care home for a standard authorisation under paragraph 24, 25 or 30 of Schedule A1 to the Act, or
ii
an eligible person to decide whether or not there is an unauthorised deprivation of liberty in a care home under paragraph 68 of Schedule A1 to the Act;
b
local authority A wishes to dispute that it is the supervisory body; and
c
a question as to the ordinary residence of the relevant person is to be determined by the Secretary of State under paragraph 183 of Schedule A1 to the Act.
2
In this Part —
a
“local authority A” has the meaning given in paragraph (1); and
b
“local authority C” has the meaning given in regulation 18(2).
Arrangements where there is a question as to the ordinary residence
18
1
Local authority A must act as supervisory body in relation to a request mentioned in regulation 17(1)(a) until the determination of the question as to the ordinary residence of the relevant person.
2
But where another local authority (“local authority C”) agrees to act as the supervisory body in place of local authority A, that local authority shall become the supervisory body until the determination of the question as to the ordinary residence of the relevant person.
3
When the question about the ordinary residence of the relevant person has been determined, the local authority which has been identified as the supervisory body shall become the supervisory body.
Effect of change in supervisory body following determination of any question about ordinary residence
19
1
Where the question of ordinary residence of the relevant person is determined in accordance with paragraph 183(3) of Schedule A1 to the Act, and another local authority (“local authority B”) becomes the supervisory body in place of local authority A or local authority C, as the case may be, paragraphs (3) to (6) shall apply.
2
Where the question of ordinary residence of the relevant person is determined in accordance with paragraph 183(3) of Schedule A1 to the Act and local authority C remains the supervisory body, paragraphs (7) to (9) shall apply.
3
Local authority B shall be treated as the supervisory body that received the request mentioned in regulation 17(1)(a) and must comply with the time limits specified in —
a
regulation 13 for carrying out the assessments required for a standard authorisation; or
b
regulation 14 for carrying out an assessment required under paragraph 69 of Schedule A1 to the Act,
as the case may be, where the assessments have still to be completed.
4
Anything done by or in relation to local authority A or local authority C in connection with the authorisation or request, as the case may be, has effect, so far as is necessary for continuing its effect after the change, as if done by or in relation to local authority B.
5
Anything which relates to the authorisation or request and which is in the process of being done by or in relation to local authority A or local authority C at the time of the change may be continued by or in relation to local authority B.
6
But —
a
local authority A or local authority C does not, by virtue of this regulation, cease to be liable for anything done by it in connection with the authorisation or request before the change; and
b
local authority B does not, by virtue of this regulation, become liable for any such thing.
7
Local authority C shall be treated as the supervisory body that received the request mentioned in regulation 17(1)(a) and must comply with the time limits specified in —
a
regulation 13 for carrying out the assessments required for a standard authorisation; or
b
regulation 14 for carrying out an assessment required under paragraph 69 of Schedule A1 to the Act,
as the case may be, where the assessments have still to be completed.
8
Anything done by or in relation to local authority A in connection with the authorisation or request, as the case may be, has effect, so far as is necessary for continuing its effect after the change, as if done by or in relation to local authority C.
9
Anything which relates to the authorisation or request and which is in the process of being done by or in relation to local authority A at the time of the change may be continued by or in relation to local authority C.
10
But —
a
local authority A does not, by virtue of this regulation, cease to be liable for anything done by it in connection with the authorisation or request before the change; and
b
local authority C does not, by virtue of this regulation, become liable for any such thing.
Signed by authority of the Secretary of State for Health.
Ivan Lewis
Parliamentary Under-Secretary of State,
Department of Health
9th July 2008


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008.
2
These Regulations shall come into force on 1st April 2009.
3
These Regulations apply in relation to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Mental Health Act 1983;
“commissioning body” means a body, individual or group of individuals (or any combination of these) authorised under regulations 3 and 10 of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 or regulation 4 of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 to exercise section 130A functions;
“ IMHA ” means an independent mental health advocate;
“provider of advocacy services” means a person (including a voluntary organisation) that employs or engages individuals who may be made available to act as an IMHA but does not include a commissioning body;
“section 130A functions” means the Secretary of State’s functions under section 130A of the Act.
Directions in respect of section 130A functions
3
1
Where a commissioning body, in exercising section 130A functions, enters into arrangements with an individual who may be made available to act as an IMHA the Secretary of State directs that the commissioning body must be satisfied that the conditions set out in regulation 6 are satisfied.
2
Where a commissioning body, in exercising section 130A functions, enters into arrangements with a provider of advocacy services the Secretary of State directs that such arrangements must include a term that the provider of advocacy services is satisfied that the conditions set out in regulation 6 are satisfied.
3
The Secretary of State directs that a commissioning body, in exercising section 130A functions must, as far as reasonably practicable, have regard to the diverse circumstances (including but not limited to the ethnic, cultural and demographic needs) of qualifying patients in respect of whom that commissioning body may exercise those functions.
Amendment of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000
4
In regulation 5(b) (functions of NHS bodies) of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000, for “and 117” substitute “, 117 and 130A”.
Amendment of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002
5
1
The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 are amended as follows.
2
In regulation 2 (interpretation) after the definition of “prison”, insert —
“qualifying patient” has the same meaning as in section 130C of the Mental Health Act 1983;
.
3
In regulation 3 (functions of the Secretary of State exercisable by Strategic Health Authorities and Primary Care Trusts) —
a
at the end of paragraph (7)(a)(i), delete “and”;
b
after paragraph (7)(a)(ii), add —
iii
qualifying patients resident in Scotland, Wales or Northern Ireland who are present in its area and who do not fall under the responsibility of another Primary Care Trust under head (i) above; and
iv
qualifying patients present in Wales who are liable to be detained under the Mental Health Act 1983 in a hospital or registered establishment in its area and who do not fall under the responsibility of another Primary Care Trust under head (i) and (ii) above.
;
c
after paragraph (11) add —
12
In this regulation, “registered establishment” has the same meaning as in section 34(1) of the Mental Health Act 1983.
.
4
In regulation 10 (arrangements by Primary Care Trusts for exercise of functions) —
a
in paragraph (1) for “paragraphs (5)”, substitute “paragraphs (1A), (5)”;
b
after paragraph (1), insert —
1A
A Primary Care Trust may not exercise jointly with an NHS trust any functions under section 130A of the Mental Health Act 1983.
.
5
After the entry relating to section 121 of the Chronically Sick and Disabled Persons Act 1970 in Part 2 of Schedule 1 (Secretary of State Functions exercisable by (A) Primary Care Trusts and (B) Strategic Health Authorities for Specified Purposes Only) —
6
in column (1), add the following entry —
“Mental Health Act 1983 —
section 130A
;
a
in column (2), add the following entry —
Making such arrangements as considered reasonable to enable independent mental health advocates to help qualifying patients
.
Independent Mental Health Advocates: conditions
6
1
A person may not act as an IMHA unless the conditions specified in paragraph (2) are satisfied.
2
Those conditions are that the person referred to in paragraph (1) —
a
has appropriate experience or training or an appropriate combination of experience and training;
b
is a person of integrity and good character;
c
is able to act independently of any person who is professionally concerned with the qualifying patient’s medical treatment; and
d
is able to act independently of any person who requests that person to visit or interview the qualifying patient.
3
For the purposes of the condition referred to in paragraph (2)(a) regard must be had to standards in guidance that may be issued from time to time by the Secretary of State.
4
The standards referred to in paragraph (3) may include any qualification that the Secretary of State may determine as appropriate.
5
For the purposes of the condition referred to in paragraph (2)(b) there must be obtained in respect of that person —
a
an enhanced criminal record certificate issued pursuant to section 113B of the Police Act 1997 (enhanced criminal record certificates); or
b
if the purpose for which the certificate is required is not one prescribed under subsection (2) of that section, a criminal record certificate issued pursuant to section 113A of that Act (criminal record certificates).
Persons not professionally concerned with a patient’s medical treatment
7
For the purposes of section 130A(5) of the Act a person is not to be regarded as professionally concerned with a qualifying patient’s medical treatment if that person —
a
is representing the patient in accordance with —
i
arrangements made for the purposes of section 130A functions;
ii
arrangements made other than for the purposes of that section;
b
has in the past represented the qualifying patient in accordance with arrangements referred to in sub-paragraph (a) and in doing so was not otherwise professionally concerned in that patient’s treatment.
Signed by authority of the Secretary of State for Health.
Phil Hope
Minister of State,
Department of Health
9th December 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Income Tax (Indexation) (No. 3) Order 2008.
2
In this Order references to sections, without more, are references to sections of the Income Tax Act 2007.
Indexation of rate limits for tax year 2009-10
2
For the tax year 2009-10 the amount specified in section 10(5) (basic rate limit) is replaced with “£36,600” .
3
For the tax year 2009-10 the amount specified in section 12(3) (starting rate limit for savings) is replaced with “£2,440”.
Indexed amounts for the tax year 2009-10
4
For the tax year 2009-10 —
a
the amount specified in section 35 (personal allowance for those aged under 65) is replaced with “£6,345”;
b
the amount specified in section 36(1) (personal allowance for those aged 65 to 74) is replaced with “£9,490”;
c
the amount specified in section 37(1) (personal allowance for those aged 75 and over) is replaced with “£9,640”;
d
the amount specified in section 38(1) (blind person’s allowance) is replaced with “£1,890”;
e
the amount specified in section 43 (tax reductions for married couples and civil partners: the minimum amount) is replaced with “£2,670”;
f
in section 45(3) (marriages before 5th December 2005) —
i
the amount specified in subsection (3)(a) (married couple’s allowance: one spouse aged 75 or over) is replaced with “£6,965”, and
ii
the amount specified in subsection (3)(b) (married couple’s allowance: one spouse aged less than 75 and born before 6th April 1935) is replaced with “£6,865”;
g
in section 46 (marriages and civil partnerships on or after 5th December 2005) —
i
the amount specified in subsection (3)(a) (married couple’s allowance: one spouse or civil partner aged 75 or over) is replaced with “£6,965”, and
ii
the amount specified in subsection (3)(b) (married couple’s allowance: one spouse or civil partner aged less than 75 and born before 6th April 1935) is replaced with “£6,865”; and
h
the amount specified in each of sections 36(2), 37(2), 45(4) and 46(4) (adjusted net income limit) is replaced with “£22,900”.
Steve McCabe
Frank Roy
Two of the Lords Commissioners of her Majesty’s Treasury
24th November 2008


text:
Citation and Commencement
1
These Regulations may be cited as the A1(M) Motorway and the M62 Motorway (Holmfield Interchange Link Roads) (Speed Limit) Regulations 2008 and shall come into force on 22nd September 2008.
Imposition of speed limit
2
No person shall drive any vehicle at a speed exceeding 50 miles per hour on any road specified in the Schedule to these Regulations.
Signed by the authority of the Secretary of State for Transport
Tom Harris
Parliamentary Under Secretary of State
Department for Transport
20th August 2008


text:
Citation and Commencement
1
These Regulations may be cited as the Immigration and Nationality (Cost Recovery Fees) (Amendment No. 2) Regulations 2008 and shall come into force on 30th June 2008.
Amendment
2
1
The Immigration and Nationality (Cost Recovery Fees) Regulations 2007 shall be amended as follows.
2
In regulation 2 (interpretation) —
a
after the definition of “assistance”, insert —
“certificate of sponsorship” means an authorisation issued by the Secretary of State to a sponsor in respect of one or more applications, or potential applications, for leave to remain or enter the United Kingdom under the immigration rules;
; and
b
after the definition of “the 2007 Order”, omit “and” and insert —
“Tier 2 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 2” of the immigration rules’ “Points Based System”;
“Tier 4 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 4” of the immigration rules’ “Points Based System”;
“Tier 5 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 5” of the immigration rules’ “Points Based System”;
“Tier 5 (Temporary Worker) migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under the category “Tier 5 (Temporary Worker)” of the immigration rules’ “Points Based System”; and
.
3
In regulation 3(2) (fees for applications for leave in the United Kingdom), omit sub-paragraphs (e) to (h).
4
After regulation 4 (fees for applications for leave in the United Kingdom), insert —
4A
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom as a Tier 5 migrant, the fee is £100.
2
This regulation is subject to regulations 6, 7, 8, 8A, 9 and 10.
5
In regulation 6 (exceptions in respect of leave to remain applications), after “3” omit “or 4” and insert “, 4 or 4A”.
6
In regulation 7 (exceptions in respect of leave to remain applications), after “3” omit “or 4” and insert “, 4 or 4A”.
7
In regulation 8 (exceptions in respect of leave to remain applications), after “3” omit “or 4” and insert “, 4 or 4A”.
8
After regulation 8, insert —
8A
No fee is payable in respect of an application referred to in regulation 4A insofar as the application is —
i
for leave to remain as a Tier 5 (Temporary Worker) migrant; and
ii
in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.
9
In regulation 10(2)(a) (exceptions in respect of leave to remain applications), after “3” omit “or 4” and insert “, 4 or 4A”.
10
In regulation 10A(1) , (fees for entry clearance), after sub-paragraph (d), insert —
e
where the application is for entry clearance as a Tier 5 migrant, the fee is £99.
11
In regulation 10B (exceptions in respect of entry clearance applications) —
a
after paragraph (b), omit “or”; and
b
after paragraph (c) insert —
; or
d
the application is —
i
for entry clearance as a Tier 5 (Temporary Worker) migrant; and
ii
is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.
12
Omit regulation 14 (fee for an application for registration as a British citizen under the 1997 Act).
13
For regulation 15A (fee for sponsorship applications) substitute —
Fee for an application for a document recording biometric information
15A
1
Subject to paragraphs (2) and (3), in the case of an application to which article 3(2)(o) of the 2007 Order applies, namely an application for a document recording biometric information within the meaning of section 5 of the UK Borders Act 2007 , where the application is required by regulations made under section 5 of the UK Borders Act 2007, the fee is £30.
2
No fee is payable in respect of an application referred to in paragraph (1) which is required under the Immigration (Biometric Registration) (Pilot) Regulations 2008 .
3
No fee is payable in respect of an application referred to in paragraph (1) where the application is made in conjunction with an application for leave to remain in the United Kingdom.
Fees for sponsorship licences
15B
1
In the case of an application to which article 3(2)(p) of the 2007 Order applies, where such application is in respect of a person who, if granted a sponsorship licence, would be a small sponsor and the application is for a sponsorship licence in respect of Tier 2 migrants, the fee is £300.
15C
1
Subject to regulation 15D, in the case of an application to which article 3(2)(p) of the 2007 Order applies, where the application is —
a
for a sponsorship licence in respect of Tier 4 migrants;
b
for a sponsorship licence in respect of Tier 5 migrants;
c
for a sponsorship licence in respect of Tier 4 migrants and Tier 5 migrants;
d
in respect of a person who, if granted a sponsorship licence, would be a small sponsor and is for —
i
a sponsorship licence in respect of Tier 2 migrants and Tier 4 migrants;
ii
a sponsorship licence in respect of Tier 2 migrants and Tier 5 migrants; or
iii
a sponsorship licence in respect of Tier 2 migrants, Tier 4 migrants, and Tier 5 migrants, the fee is £400.
15D
1
In the case of an application to which article 3(2)(p) of the 2007 Order applies, where such application the application is for a licence referred to in sub-paragraphs (a) to (c) of regulation 15C and is in respect of a person who —
a
holds a valid sponsorship licence in respect of Tier 2 migrants; and
b
is a small sponsor,
the fee is £100.
Fee for the process of issuing a certificate of sponsorship
15E
1
Subject to paragraph (2), in the case of a process to which article 5 of the 2007 Order applies, the fee shall be £10 where the process is the issuing of a certificate of sponsorship in respect of an application or applications or a potential application or applications for leave to remain or enter the United Kingdom as a Tier 5 migrant.
2
No fee is payable in respect of the process for which a fee is specified in paragraph (1) where the certificate is issued in respect of an application or applications or a potential application or applications for leave to remain or enter the United Kingdom as a Tier 5 (Temporary Worker) made by a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.
.
Liam Byrne
Minister of State
Home Office
14th May 2008
We consent
Alan Campbell
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
20th May 2008


text:
Citation and commencement
1
This order may be cited as the Climate Change and Sustainable Energy Act 2006 (Sources of Energy and Technologies) Order 2008 and shall come into force on 23rd July 2008.
Amendment of section 26(2) of the Climate Change and Sustainable Energy Act 2006
2
In section 26(2) of the Climate Change and Sustainable Energy Act 2006, after paragraph (h) insert —
ha
heat from air, water or the ground;
.
Malcolm Wicks
Minister of State for Energy,
Department for Business, Enterprise and Regulatory Reform
3rd July 2008


text:
Citation and commencement
1
This Order may be cited as the Local Government and Public Involvement in Health Act 2007 Consequential Provisions Order 2008 and comes into force on 30th June 2008.
Amendment of the Race Relations Act 1976 (Statutory Duties) Order 2003
2
In the Race Relations Act 1976 (Statutory Duties) Order 2003 in Schedule 1 (bodies and other persons required to publish race equality schemes by 31st May 2004), omit the entry in respect of the Commission for Patient and Public Involvement in Health.
Amendment of the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005
3
In the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 in Part 1 of Schedule 1, omit the entry in respect of the Commission for Patient and Public Involvement in Health.
Signed by the authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
25th February 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Local Authority Investigations and Prosecutions) Regulations 2008.
2
These Regulations shall come into force on 7th April 2008.
3
In these Regulations, “ the Act ” means the Social Security Administration Act 1992.
Authorisations by local authorities
2
1
An authority must not proceed for a purpose mentioned in section 109A(2)(a)(authorisations for investigators) of the Act unless the authorisation concerns one or more of the benefits listed in paragraph (5) .
2
An authority must not proceed for a purpose mentioned in section 109A(2)(c) of the Act unless the authorisation concerns relevant social security legislation relating to one or more of the benefits listed in paragraph (5) .
3
An authority must not proceed for a purpose mentioned in section 109A(2)(d) of the Act unless the authorisation concerns a benefit offence relating to one or more of the benefits listed in paragraph (5) .
4
An authorisation made for a purpose mentioned in section 109A(2)(a), (c) or (d) of the Act has effect in relation to a particular case only if in relation to that case an authorised officer has commenced an investigation for a purpose mentioned in section 110A(2) of that Act.
5
The benefits are —
a
income support;
b
a jobseeker’s allowance;
c
incapacity benefit;
d
state pension credit;
e
an employment and support allowance.
Exercise of powers by local authorities to prosecute benefit fraud
3
For the purposes of paragraph (2)(a) of section 116A of the Act (local authority powers to prosecute benefit fraud), the benefits prescribed are all relevant social security benefits except for —
a
income support;
b
a jobseeker’s allowance;
c
incapacity benefit;
d
state pension credit;
e
an employment and support allowance.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
20th February 2008


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 2008.
2
This Order shall come into force on 3rd October 2008.
3
In this Order, “the 1998 Act ” means the Scotland Act 1998.
4
This Order does not extend to Northern Ireland.
Specification of functions
2
1
The function of the Secretary of State described in column 1 of Schedule 1 to this Order (subject to the restrictions mentioned in column 2 of that Schedule) is hereby specified for the purposes of section 93(1) of the 1998 Act.
2
The function exercisable by the Scottish Ministers under the enactment mentioned in column 1 of Schedule 2 to this Order (subject to the restrictions mentioned in column 2 of that Schedule) is hereby specified for the purposes of section 93(1) of the 1998 Act.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medical Profession (Miscellaneous Amendments) Order 2008.
2
This article and articles 5 and 6 come into force on the day after the day on which this Order is made.
3
Articles 2 and 3(1), and Part 1 of Schedule 1, come into force on 1st January 2009.
4
Except as provided by paragraphs (2) and (3), this Order comes into force on such day as the Privy Council may by order appoint.
5
Different days may be appointed by an order under paragraph (4) for different provisions or different purposes.
6
In this Order —
“the 1983 Act ” means the Medical Act 1983 ;
“the 2003 Order ” means the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 ; and
“the General Council ” means the General Medical Council.
Transfer of medical education functions to the General Council
2
1
The statutory committees of the General Council shall cease to include the committee known as the Education Committee.
2
With effect from the date on which this article comes into force —
a
all medical education functions shall be exercisable by the General Council; and
b
any determination made or other thing done by the Education Committee before that date shall be treated as if it had been made or done by the General Council.
3
In this article —
“medical education functions” means all the functions under the 1983 Act which immediately before the date on which this article comes into force were exercisable by the Education Committee of the General Council; and
“the statutory committees”, in relation to the General Council, means the committees which the Council must have under section 1 of the 1983 Act (the General Medical Council).
Amendments to the 1983 Act
3
1
Part 1 of Schedule 1 to this Order makes amendments to the 1983 Act relating to medical education, including amendments consequential on article 2 .
2
Part 2 of Schedule 1 to this Order further amends the 1983 Act in connection with licences to practise and revalidation of medical practitioners.
Amendments to the 2003 Order
4
Schedule 2 to this Order amends the 2003 Order to provide that certain persons who were consultants immediately before 1st January 1997 may, in accordance with a scheme to be published by the General Council, be entered on the Specialist Register.
Transitional, transitory or saving provisions orders
5
1
In connection with the commencement of any provision of this Order, the Privy Council may by order make such transitional, transitory or saving provisions as it considers appropriate.
2
The power to make an order under paragraph (1) may be exercised —
a
so as to make different provision —
i
with respect to different cases or different classes of cases, or
ii
in respect of the same case or class of case for different purposes;
b
in relation to all cases to which the power extends or in relation to all those cases subject to specified exceptions; or
c
so as to make any supplementary, incidental or consequential provisions which the Privy Council considers necessary or expedient.
Privy Council procedures etc.
6
1
The power of the Privy Council to make an order under article 1(4) or 5(1) may be exercised by any two or more members of the Privy Council.
2
The making of an order under article 1(4) or 5(1) shall be sufficiently signified by an instrument signed by the Clerk of the Privy Council.
3
The power to make an order under article 1(4) or 5(1) shall be exercisable by statutory instrument.
4
For the purposes of section 1 of the Statutory Instruments Act 1946 (definition of “Statutory Instrument”), any power to which paragraph (3) applies is to be taken to be conferred by an Act of Parliament.
5
Where an order of the Privy Council under this Order is signified by an instrument purporting to be signed by the Clerk of the Privy Council, that shall be evidence, and in Scotland sufficient evidence, of —
a
the fact that the order was duly made; and
b
the order’s terms.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Structural and Boundary Changes) (Staffing) Regulations 2008 and shall come into force on 28th June 2008.
Interpretation
2
In these Regulations —
“the 2007 Act ” means the Local Government and Public Involvement in Health Act 2007;
“the 1993 Regulations ” means the Local Authorities (Standing Orders) Regulations 1993 ;
“the 2001 Regulations ” means the Local Authorities (Standing Orders) (England) Regulations 2001 ;
“the TUPE Regulations ” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 ;
“boundary change” has the meaning given by section 8(3) of the 2007 Act;
“head of paid service” means an officer responsible for performing the duties imposed by subsections (2), (4) and (5) of section 4 (designation and reports of head of paid service) of the Local Government and Housing Act 1989 ;
“ Implementation Executive ” means a committee of a preparing council’s executive established in pursuance of an order;
“order” means an order under section 7 or 10 of the 2007 Act;
“predecessor council” means a local authority which, by or in consequence of an order, will cease to exercise functions in relation to an area;
“preparing council” means a local authority which, in accordance with an order, becomes a single tier council on the reorganisation date;
“reorganisation date”, in relation to an order, means the date specified in the order as that on which one or both of a structural change and a boundary change comes into effect;
“shadow council” means an authority (not being a local authority) which, in accordance with an order, becomes a single tier council on the reorganisation date;
“shadow executive”, in relation to a shadow council, means the executive created by the council in accordance with the order which confers functions on the council;
“the shadow period”, in relation to a shadow council, means the period defined as such in the order which confers functions on the council;
“single tier council” means a local authority which on and after the reorganisation date is the sole principal authority for an area; and
“structural change” means a change effected by an order which establishes a single tier of local government for an area.
Transfers of functions: staff
3
Subject to regulation 4(1) and notwithstanding regulation 3(5) of the TUPE Regulations, the transfer of functions from a predecessor council to a single tier council in connection with one or both of a structural change and a boundary change shall be treated for all purposes as a relevant transfer within the meaning of the TUPE Regulations, whether or not, apart from this provision, those Regulations would otherwise apply.
Heads of paid service and other chief officers
4
1
Subject to paragraph (3), the 1993 Regulations and the 2001 Regulations shall apply to a preparing council, a shadow council (notwithstanding that it does not have the functions and full powers of a local authority) and a single tier council —
a
throughout the relevant period; and
b
as regards the post of head of paid service of a single tier council, as if —
i
in paragraph 1 of Part 1 of Schedule 1 to the 1993 Regulations (standing orders relevant to appointment of chief officers), for the words from the beginning to “they shall”, there were substituted the words “Without prejudice to the right of any existing holder of the post of head of paid service to apply for it, the authority shall appoint a person to the post of head of paid service within the relevant period and shall”;
ii
after paragraph 1 there were inserted —
1A
An appointment under paragraph 1 may take effect before the date which, for the purposes of the Local Government (Structural and Boundary Changes) (Staffing) Regulations 2008, is the reorganisation date as regards the single tier council to whose service the person is appointed.
; and
iii
any proposal for the dismissal of a head of paid service were excluded from the definition of “disciplinary action” in the 2001 Regulations.
2
The functions of a preparing council, its succeeding single tier council or a shadow council relating to the recruitment, appointment and dismissal of any chief officer —
a
shall, in the case of a preparing council or its succeeding single tier council, be the responsibility of, and be discharged by, its Implementation Executive (until the dissolution of that Executive);
b
shall, in the case of a shadow council required by an order to hold an election of its councillors in 2008, as regards the period beginning on the date on which these Regulations come into force and ending at the end of the shadow period, be the responsibility of, and be discharged by, that council; and
c
shall, in the case of any other shadow council —
i
as regards the period beginning on the date on which these Regulations come into force and ending on the fourth day after the next following day of election of councillors to that council, be the responsibility of, and be discharged by, its shadow executive;
ii
as regards the period beginning on the fourth day after that election and ending at the end of the shadow period, be the responsibility of, and be discharged by, the shadow council,
but where the fourth day after that election is the day on which the shadow period ends, paragraph (ii) shall not apply.
3
Where —
a
a preparing council has appointed a head of paid service of the single tier council pursuant to the 1993 Regulations (as modified by paragraph(1)); or
b
a shadow council has appointed a head of paid service of the single tier council pursuant to an order or the 1993 Regulations (as so modified),
the succeeding single tier council is not under a duty to make a further appointment to that post.
4
In relation to chief officers, regulation 2(1) of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 shall have effect in relation to a preparing council, a shadow council or a single tier council, as if paragraphs 37 (appointment of staff), 39 (arrangements for administration of financial affairs), 43 (designation of head of paid service) and 44 (designation of monitoring officer) of Section I Miscellaneous Functions of Schedule 1 to those Regulations were omitted.
5
In this regulation —
“chief officer” —
in relation to a preparing council or a shadow council with a mayor and cabinet executive , means an officer of any of the descriptions specified in sub-paragraphs (a) to (d) of paragraph 3 of Part 1 of Schedule 1 to the 2001 Regulations; and
in relation to a preparing council or a shadow council with a leader and cabinet executive , means an officer of any of the descriptions specified in sub-paragraphs (a) to (d) of paragraph 3 of Part 2 of that Schedule;
“relevant period” —
in relation to a shadow council required by order to hold an election of its councillors in 2009, means the period beginning on the date on which these Regulations come into force and ending on 31st March 2009;
in relation to a shadow council required by order to hold an election of its councillors in 2008, means the period beginning on the date on which these Regulations come into force and ending on 31st December 2008;
in relation to a preparing council that is the subject of an order commencing before the coming into force of these Regulations, means the period beginning on the date on which these Regulations come into force and ending on the date that falls twelve months after the reorganisation date; and
in relation to any other preparing council or shadow council, means the period beginning on the date on which the order concerned comes into force and ending on the date that falls twelve months after the reorganisation date.
Redundancy payments
5
A head of paid service —
a
who is employed by a preparing council or a single tier council; and
b
whose employment would have continued but for the fact that his employer has, in accordance with the 1993 Regulations (as modified by regulation 4(1)), appointed another person to the post of head of paid service of the single tier council,
shall be treated as being dismissed by reason of redundancy for the purposes of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2006 and the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 , regardless of whether or not he applies for the post of head of paid service of the single tier council.
Local Government Pension Scheme
6
A shadow council shall, notwithstanding that it does not have the functions and full powers of a district council or a county council, be treated as falling within paragraph 2 of Part 1 of Schedule 2 of the Local Government Pension Scheme (Administration) Regulations 2008 .
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
2nd June 2008


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2008 and shall come into force on 1st April 2008.
2
These Regulations apply in relation to England.
3
In these Regulations —
“the Charges Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000 ; and
“the Travel Expenses and Remission of Charges Regulations ” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 .
Amendment of the Charges Regulations to increase charges
2
1
The Charges Regulations are amended as follows.
2
In each of the following provisions, for “£6.85” in each place that it occurs substitute “£7.10” —
a
regulation 3(1)(a) and (b), (1A)(b)(i) and (ii) and (4) (charges for the supply of drugs and appliances by chemists);
b
regulation 4(1)(a) and (b) and (4) (charges for the supply of drugs and appliances by doctors);
c
regulation 4A(1)(a) and (b) (charges for the out of hours supply of drugs and appliances by providers of out of hours services);
d
regulation 5(1)(a) and (d) and (5) (charges for the supply of drugs and appliances by NHS trusts, NHS foundation trusts and Primary Care Trusts);
e
regulation 6(1)(a) and (b) and (4) (charges for the supply of drugs and appliances at Walk-in Centres); and
f
regulation 6A(1) (charges for the supply of drugs under Patient Group Directions).
3
In each of the following provisions, for “£13.70” in each place that it occurs substitute “£14.20” —
a
regulation 3(1)(a) and (1A)(b)(i) (charge for the supply of a pair of elastic hosiery by chemists);
b
regulation 4(1)(a) (charge for the supply of a pair of elastic hosiery by doctors);
c
regulation 4A(1)(a) (charge for the out of hours supply of a pair of elastic hosiery by providers of out of hours services);
d
regulation 5(1)(a) and (c) (charge for the supply of a pair of elastic hosiery or tights by NHS trusts, NHS foundation trusts or Primary Care Trusts); and
e
regulation 6(1)(a) (charge for the supply of a pair of elastic hosiery at Walk-in Centres).
4
In regulation 9 (pre-payment certificates) —
a
in paragraphs (4), (6)(a), (11)(a) and (12), for “£26.85” substitute “£27.85”;
b
in paragraphs (4), (6)(b), (11)(b), (c)(i) and (ii), for “£98.70”, in each place that it occurs, substitute “£102.50”; and
c
in paragraph (6)(c), for “£9.87” substitute “£10.25”.
5
In column (2) of Schedule 1 (charges for fabric supports and wigs) substitute —
a
for “£23.10”, “£24.00”;
b
for “£34.95”, “£36.30”;
c
for “£57.00”, “£59.20”;
d
for “£150.75”, “£156.60”; and
e
for “£220.50”, “£229.05”.
Amendment of regulation 2 of the Charges Regulations
3
1
Regulation 2 of the Charges Regulations (interpretation) is amended as follows.
2
After the definition of “the 2000 Act”, insert —
“the 2006 Act ” means the National Health Service Act 2006 ;
.
3
After the definition of “chemist”, insert —
“detainee” means a person who is detained —
under the Immigration Act 1971 or section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by the Secretary of State) ; and
in a removal centre in which medical, dental, ophthalmic, pharmaceutical or nursing services are provided under the 2006 Act by, or under arrangements made by, a Primary Care Trust otherwise than by virtue of section 21(5) of the 2006 Act (provision of services etc ),
and for the purposes of this definition, “removal centre” has the same meaning as in section 147 of the Immigration and Asylum Act 1999 (interpretation of Part VIII) ;.
.
Amendment of regulation 3 of the Charges Regulations
4
1
Regulation 3 of the Charges Regulations (supply of drugs and appliances by chemists) is amended as follows.
2
In paragraph (1), for “paragraph (3)”, substitute “paragraphs (3) and (3A)”.
3
After paragraph (3), insert —
3A
No charges shall be made and recovered under paragraph (1) where there is exemption under regulation 7A(2).
.
Amendment of regulation 4 of the Charges Regulations
5
In regulation 4 of the Charges Regulations (supply of drugs and appliances by doctors), in paragraph (3) —
a
at the end of sub-paragraph (c), for the full stop substitute “; or”; and
b
after sub-paragraph (c), insert —
d
there is exemption under regulation 7A(2).
.
Amendment of regulation 7A of the Charges Regulations
6
1
Regulation 7A of the Charges Regulations (exemption from charges for prisoners) is amended as follows.
2
Regulation 7A is re-numbered as paragraph (1) of that regulation.
3
After paragraph (1) as re-numbered insert —
2
No charge shall be payable under regulation 3(1) or 4 by a person in respect of the supply of drugs or appliances ordered on a non-electronic prescription form —
a
where that person was a prisoner at the time that the non-electronic prescription form was issued to him by a prescriber; and
b
where that non-electronic prescription form has printed upon it —
i
the letters “HMP”; and
ii
the name and address of the prison in which the prisoner was issued with that non-electronic prescription form.
3
For the purposes of paragraph (2), “prisoner” means a person detained in a prison.
.
Amendments of the Charges Regulations concerning detainees
7
After regulation 7A of the Charges Regulations (exemption from charges for prisoners), insert —
Exemption from charges for detainees
7B
A detainee shall not be liable to pay any charge under these Regulations.
.
Transitional provision relating to the Charges Regulations
8
Where, on or after 1st April 2008 —
a
any appliance specified in Schedule 1 to the Charges Regulations is supplied pursuant to an order given before that date; or
b
any pre-payment certificate is granted under regulation 9 of the Charges Regulations pursuant to an application under that regulation which was received before that date,
the Charges Regulations shall have effect in relation to that supply, or as the case may be, the grant of, or any refund in relation to, that certificate, as if these Regulations had not come into force.
Amendment of regulation 2 of the Travel Expenses and Remission of Charges Regulations
9
In regulation 2 of the Travel Expenses and Remission of Charges Regulations (interpretation), after the definition of “the 1990 Act”, insert —
“the 2006 Act” means the National Health Service Act 2006 ;
.
Amendment of regulation 3 of the Travel Expenses and Remission of Charges Regulations
10
1
Regulation 3 of the Travel Expenses and Remission of Charges Regulations (NHS travel expenses) is amended as follows.
2
In paragraph (1), in sub-paragraph (a), for “(except primary medical services” to the end of the sub-paragraph, substitute “to which paragraph (1A) applies; or”.
3
After paragraph (1), insert —
1A
This paragraph applies to services under the 2006 Act which are —
a
not primary medical services or primary dental services;
b
provided pursuant to a referral by a medical practitioner or dental practitioner; and
c
not provided during the same visit and at the same premises at which the primary medical services or primary dental services which lead to the referral by a medical practitioner or dental practitioner are provided.
.
4
In paragraph (5), in sub-paragraph (b), after “mileage allowance”, insert “, road and toll charges”.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
3rd March 2008


text:
PART 1 Introduction
Citation and commencement
1
These Rules may be cited as the Network Access Appeal Rules 2008 and come into force on 25th July 2008.
Interpretation
2
1
In these Rules —
“the 2002 Act ” means the Land Registration Act 2002;
“appeal” means an appeal to the adjudicator under paragraph 4(1) of Schedule 5 to the 2002 Act or, if appropriate, an appeal from a decision of the adjudicator to the High Court under section 111(1) and (2) of the 2002 Act;
“appeal notice” means a notice filed under rule 20;
“appellant” means a person who makes an appeal to the adjudicator;
“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 adjudicator directs otherwise, an obligation to provide or allow access to such a document or copy in a legible form or in a form which can be readily made into a legible form;
“file” means send to the adjudicator so that the document is received by the adjudicator within any time limit specified by a direction or under these Rules;
“final decision” means the decision of the adjudicator that determines the appeal;
“party” means the appellant or registrar or any other person who is made a party and references to “other party” shall be construed accordingly;
“register” means the register kept by the adjudicator to record the particulars of appeals to the adjudicator and final decisions of the adjudicator under these Rules;
“registrar’s decision” means the final decision of the registrar that is the subject matter of the appeal;
“response” means the document filed by the registrar under rule 21;
“serve” means send a document to a party so that the document is received by that party within any time limit specified by a direction or under these Rules;
“statement of truth” means a statement signed by the maker of the statement that the maker of the statement believes that the facts stated in the witness statement are true;
“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 .
2
Except where rule 28(1)(a) applies, 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 powers of the adjudicator
Power of adjudicator to regulate proceedings
3
Subject to the provisions of the 2002 Act and these Rules, the adjudicator may regulate the procedure to be followed when an appeal is made.
Case management conferences
4
1
The adjudicator may, for the purpose of managing the proceedings, direct the parties to attend a case management conference.
2
The adjudicator must give the parties not less than 14 days notice of the time and place of a case management conference under paragraph (1) unless —
a
the parties agree to shorter notice; or
b
the adjudicator considers that it is necessary in the interests of justice to expedite the matter.
Directions
5
1
The adjudicator may at any time give directions including (but not limited to) directions provided for in these Rules to —
a
enable the parties to prepare for the hearing of the appeal;
b
assist the adjudicator to determine the issues; and
c
ensure the just, expeditious and economical determination of the appeal.
2
The adjudicator may give directions —
a
at the request of any party; or
b
on the adjudicator’s own initiative.
3
Where the adjudicator gives a direction on the adjudicator’s own initiative under paragraph (2)(b) the adjudicator may (but need not) give prior notice to the parties of his intention to do so.
4
Any request for directions must —
a
include the reasons for making that request; and
b
be filed, except where it is made during the course of a hearing.
5
The party making the request for directions must at the same time notify each other party of the request except where the request —
a
is accompanied by the written consent of each other party;
b
is made during a hearing; or
c
concerns an application to withhold the disclosure of documents under rule 18(3).
6
Where the adjudicator directs that a hearing is to be held to consider a request under this rule, the adjudicator must give the parties not less than 14 days notice of the hearing —
a
unless the parties consent to shorter notice; or
b
the adjudicator considers it is necessary in the interests of justice to expedite the matter.
7
Directions may be given in writing or orally at a hearing.
8
Where a direction is given under these Rules, that direction —
a
may include a statement of the possible consequences of a party’s failure to comply with the direction; and
b
may specify a time limit for complying with the direction.
9
The adjudicator may make a direction varying or setting aside a direction given under these Rules —
a
at the adjudicator’s own initiative;
b
at the request of a party; or
c
at the request of a witness affected by that direction.
10
The adjudicator must not give a direction to vary or set aside a direction under paragraph (9) without first giving any party who requested the direction an opportunity to oppose such a direction.
Related appeals
6
The adjudicator may direct that two or more appeals, or any particular issue raised in the appeals, be heard together.
Preliminary questions
7
1
The adjudicator may direct that any preliminary question of fact or law, which appears to be in issue in relation to the appeal, be determined at a preliminary hearing.
2
As soon as is practicable after a determination is made under paragraph (1), the adjudicator must notify the parties of that determination and the reasons for it in writing.
3
If, in the opinion of the adjudicator, the determination of that preliminary question substantially determines the appeal, the adjudicator may —
a
treat the preliminary hearing as the hearing of the appeal; and
b
make such order by way of disposing of the appeal as the adjudicator thinks fit.
4
If the parties agree in writing, the adjudicator may determine the preliminary question without a hearing.
5
Where the adjudicator determines the preliminary question in accordance with paragraph (4), the adjudicator must not at the same time determine the appeal unless the parties have agreed in writing that the adjudicator may do so.
Representation at hearings
8
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 legally qualified representative.
2
If the adjudicator is satisfied that there are good reasons for doing so, the adjudicator may refuse to permit a person to assist or represent a party at a hearing.
Adjournment of hearing
9
1
Where a party requests an adjournment of a hearing that party must —
a
notify all other parties of the request for an adjournment;
b
show good reason why an adjournment is necessary; and
c
where appropriate produce evidence of any fact or matter relied upon in support of the request for an adjournment.
2
The adjudicator may adjourn a hearing on such terms (if any) as the adjudicator thinks fit.
3
Where the hearing is adjourned, the adjudicator must fix a new hearing date to take place as soon as is reasonably practicable after the original hearing date.
Powers of adjudicator to strike out
10
1
The adjudicator may direct that the whole or part of any appeal notice or response 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;
b
is an abuse of the appeal process; or
c
is likely to obstruct the just determination of the proceedings.
2
Before making an order under paragraph (1), the adjudicator 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
11
1
The adjudicator may take such steps as the adjudicator considers appropriate in the circumstances 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 adjudicator must not take any steps under this rule in respect of a party unless the adjudicator has given that party an opportunity to make representations.
Remedying irregularities
12
1
An irregularity that arises before the adjudicator has reached a decision resulting from a failure to comply with any provision of these Rules or with a direction of the adjudicator, does not of itself render the proceedings void.
2
When any such failure comes to the attention of the adjudicator, the adjudicator may give such directions to remedy or waive the irregularity as the adjudicator thinks necessary.
3
The adjudicator may at any time amend an order or amend a direction to correct a clerical error or other accidental slip or omission.
Proof of documents
13
1
Any document purporting to be a document duly executed or issued by or on behalf of the adjudicator must, unless proved to the contrary, be deemed to be a document so executed or issued.
2
A document purporting to be certified by or on behalf of the adjudicator to be a true copy of any entry of a decision in the register will, unless proved to the contrary, be sufficient evidence of the entry and of the matters referred to in it.
Signature of documents
14
Any requirement in these Rules or in a direction of the adjudicator 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 in accordance with a direction of the adjudicator, by the individual who is required to sign the document typing their name or producing their name using a computer or other electronic means.
Calculation of time
15
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 in time if done on the next working day.
Change of representative
16
1
A party must as soon as is reasonably practicable notify the adjudicator and each other party in writing of the information in paragraph (2) if a party who was previously —
a
unrepresented appoints a representative; or
b
represented appoints a replacement representative.
2
The information referred to in paragraph (1) consists of —
a
the fact that the party has appointed a representative or a replacement representative;
b
the name and contact details of the representative or replacement representative; and
c
whether the representative or replacement representative has been authorised to accept service of documents, and if so, the address at which service may be effected.
3
A notification under paragraph (1) must be signed by the party making the appointment.
4
If a party who was previously represented ceases to be represented that party must, as soon as reasonably practicable, notify the adjudicator and each other party in writing of —
a
the fact that they are no longer represented; and
b
any new address for service.
Sending and receipt of notices
17
1
Any documents to be served under these Rules must be served —
a
by first class post (or an alternative service which provides for delivery on the next working day) or by personal delivery to the postal address given as the address for service;
b
where no address for service has been provided, by first class post (or an alternative service which provides for delivery on the next working day) or by personal delivery to the party’s registered office, principal place of business, head or main office or last known address; or
c
subject to paragraph (2), by an alternative method of service.
2
Documents may be served by an alternative method of service if the intended recipient has informed the adjudicator and each other party in writing —
a
that the intended recipient is willing to accept service by an alternative method; and
b
of the relevant information to allow documents to be served by that alternative method.
3
Any document which is to be served on an unincorporated body may be served on the secretary, manager or similar officer of that body.
4
Any documents to be filed with the adjudicator must be filed —
a
by first class post (or an alternative service which provides for delivery on the next working day) or by personal delivery to an address specified by the adjudicator; or
b
by such alternative method as the adjudicator may specify.
5
Where the adjudicator specifies that documents may be filed using an alternative method of service under paragraph (4)(b), the adjudicator may make such directions in relation to the use of that alternative method as the adjudicator deems appropriate.
6
Except where rule 20(4) applies, any document which is served or filed in accordance with these Rules shall, unless the contrary is proved, be regarded as having been received —
a
where it is sent by first class post (or an alternative service which provides for delivery on the next working day), the second working day after it is posted;
b
where it is delivered to the specified address for service, the working day after it is delivered;
c
where it is sent by email or by fax, the working day after it is sent; and
d
where it is sent by document exchange, the second working day after it is left at the document exchange.
7
Any document that is served or filed under these Rules must specify the date on which it is served or filed.
8
The adjudicator may direct that service or filing under these Rules of any documents may be dispensed with and, in those circumstances, may make such consequential directions as the adjudicator deems appropriate.
9
A party’s address for service remains the address specified under rules 20 and 21 until a party serves on the adjudicator and each other party notice of a different address for service.
Disclosure of documents by list and inspection of listed documents
18
1
In this rule “relevant document” means a document which is or has been in a party’s possession or control and —
a
that party relies on in the proceedings;
b
adversely affects that party’s own case;
c
adversely affects another party’s case; or
d
supports another party’s case.
2
The adjudicator may give a direction that one or more parties must file, and serve on each other party, a list of —
a
all relevant documents; or
b
relevant documents which relate to specified issues.
3
A party may make a request for a direction under rule 5 (directions) without giving notice to each other party, authorising that party not to include any relevant document on a list required under these Rules.
4
A party on whom a list has been served may take or inspect a copy of any document on that list at a reasonable time and place, on giving reasonable notice, except where —
a
the document is no longer in the possession or control of the party who served the list; or
b
the party who served the list has a right or duty to withhold inspection of the document.
5
Unless otherwise permitted by a direction, any document provided to the adjudicator or to a party under these Rules may only be used for the purpose of the proceedings in which it was disclosed.
6
No person may be compelled to produce any document that they could not be compelled to give or produce on a trial of an action in a court of law.
Form of list of documents
19
1
A list of documents must be in writing and, subject to paragraph (2), must contain the following information, where available, in relation to each document listed —
a
a brief description of the nature of the document;
b
whether the document is in the possession or under the control of the party and if it is not, its current location;
c
whether it is a document in respect of which the party claims a right or duty to withhold inspection;
d
whether the document is an original, a copy certified to be a true copy of the original, an office copy or another type of copy;
e
the date of the document;
f
the parties to the document or the original author and recipient of the document; and
g
the version number or similar identification number or code of the document.
2
If a large number of documents fall into a particular class, that class of documents may be listed in accordance with paragraph (1) as if it were an individual document.
3
If a class of documents is listed in accordance with paragraph (2), the description of the class of documents must be sufficiently clear and precise to enable any party receiving the list to identify —
a
the nature of the contents of each document included within that class of documents; and
b
whether any particular document which exists is included within that class of documents.
PART 3 Starting proceedings before the adjudicator
Appeal notice
20
1
An appeal must be made by way of a written notice (‘the appeal notice’) signed, dated and filed by the appellant.
2
An appeal notice under paragraph (1) must be filed no later than 28 days after the date on which the appellant received notification of the registrar’s decision.
3
Without prejudice to the generality of paragraph (10), an appellant may request a direction under rule 5 (directions) to allow the appeal to be made later than the time limit under paragraph (2).
4
For the purpose of paragraph (2), the registrar’s decision is deemed to have been notified to the appellant, unless the contrary is proved —
a
if sent by post to an address in the United Kingdom, the second working day after posting;
b
if sent by post to an address outside the United Kingdom, the seventh working day after posting;
c
if sent by electronic transmission, the second working day after transmission;
d
if sent by document exchange, the second working day after it was left at the document exchange; or
e
if communicated by telephone, the day of the telephone conversation.
5
The appeal notice must state —
a
the name and address of the appellant;
b
the name and address of the appellant’s representative (if any);
c
the address for service;
d
that the appeal notice concerns an appeal against the registrar’s decision;
e
the grounds upon which the appeal should be granted in the appellant’s favour; and
f
the remedy sought by the appellant.
6
In paragraph (5)(a), “address” in respect of a corporation means the address of the registered or principal office.
7
Where a representative, other than a legally qualified representative, is named in paragraph (5)(b) and the appeal notice is signed by that representative on behalf of the appellant, a statement that the representative is authorised to act on the appellant’s behalf must be —
a
filed with the appeal notice; and
b
signed by the appellant.
8
Except when there is a good reason why it is not possible, the appellant must, at the same time as filing an appeal notice under paragraph (2), file a copy of —
a
the registrar’s decision forming the subject matter of the appeal; and
b
any statement of reasons for the registrar’s decision.
9
The appeal notice must be accompanied by a list of the documents that the appellant relies on in support of the appeal.
10
The appellant may make a request for directions under rule 5 (directions) when filing the appeal notice.
11
At the same time as filing the appeal notice, the appellant must serve a copy of that notice and a copy of any other document filed with the appeal notice including any request for a direction (unless rule 5(5)(c) applies) on each other party.
12
Except where the appeal notice has been struck out in accordance with rule 10 (strike out), as soon as is reasonably practicable the adjudicator must —
a
enter particulars of the appeal in the register;
b
inform the parties in writing of the date when the adjudicator received the appeal notice; and
c
except where rule 5(5)(c) applies, inform the parties in writing of the adjudicator’s determination relating to a request for a direction.
Registrar’s response
21
1
The registrar must file a response to the appeal notice.
2
A response under paragraph (1) must be received by the adjudicator no later than 28 days after the date on which the registrar received the documents served by the appellant in accordance with rule 20(11).
3
Without prejudice to the generality of paragraph (8), the registrar may request a direction under rule 5 (directions) to allow the response to be made later than the time limit under paragraph (2).
4
The response must include —
a
a statement of whether the registrar intends to take an active part in the appeal proceedings;
b
if the registrar intends to take an active part in the proceedings, a statement of the grounds on which the registrar disagrees with the appeal notice;
c
the name and address of the registrar’s representative (if any);
d
an address for service; and
e
a signature made by or on behalf of the registrar.
5
The response must be accompanied by a list of any documents that the registrar relies upon in the response.
6
If they were not attached to the appeal notice, the registrar must attach to the response a copy of the decision forming the subject matter of the appeal and the reasons for that decision.
7
At the same time as the registrar files the response, the registrar must serve a copy of that response and any other document filed with the response (including a request for a direction unless rule 5(5)(c) applies) on the appellant.
8
The registrar may make a request for directions in accordance with rule 5 (directions) when filing the response.
9
Except where rule 5(5)(c) applies, when a request under paragraph (3) or (8) has been determined, the adjudicator must serve a copy of the adjudicator’s decision relating to that determination on the parties.
PART 4 Hearing of appeals
Withdrawal of appeal and unopposed appeals
22
1
The appellant may withdraw the appeal at any time by filing a notice in writing to that effect and the adjudicator must dismiss the appeal.
2
The registrar may withdraw the registrar’s opposition to the appeal at any time by filing a notice in writing to that effect and the adjudicator must allow the appeal.
Requirement notice
23
1
The adjudicator may, at any stage of the proceedings, require the attendance of any person to give evidence or to produce any relevant documents.
2
A requirement by the adjudicator under paragraph (1) may be made on the adjudicator’s own initiative or at the request of a party.
3
A requirement notice must —
a
be in writing;
b
identify the person who is intended to comply with the requirement;
c
identify the matter to which the requirement notice relates;
d
state the nature of the requirement being imposed by the adjudicator;
e
specify the time and place at which the adjudicator requires the person to attend (if appropriate); and
f
specify whether the adjudicator requires the person to produce any documents and if so, how and when those documents are to be produced.
4
The party on whose behalf the adjudicator states that it is being issued must serve the requirement notice.
5
Unless the person on whom the requirement notice is served agrees to shorter notice, a requirement notice must be served not less than 7 working days before that person is required to appear before the adjudicator.
6
At the time of service of a requirement notice, any person that it is served on who is not a party to the proceedings, must be offered a sum by the party on whose behalf the requirement notice is being served, to cover any expenses necessarily incurred by travelling to and from the place specified in that requirement notice.
7
Where a requirement notice has been served on a person, that person may apply to the adjudicator for the requirement notice to be varied or set aside.
8
The adjudicator must not vary or set aside a requirement notice without first giving any person who requested the requirement notice an opportunity to oppose the application under paragraph (7).
Notification of witnesses
24
1
If a party intends to call a witness, including an expert witness that the adjudicator has allowed a party to call in accordance with rule 28(1)(b), that party must, not less than 14 days before the day fixed for the hearing of the appeal (unless the adjudicator directs otherwise) file —
a
a written notice stating the name of the witness; and
b
a statement of the evidence the witness will give, verified by a statement of truth.
2
At the same time as filing the documents under this rule, each party must serve a copy on each other party.
Fixing the time and place of the hearing of the appeal
25
Unless the parties agree to shorter notice or the adjudicator considers that it is necessary in the interests of justice to expedite the matter, the adjudicator must give the parties not less than 28 days notice of the time and place of the hearing of the appeal.
Determination without hearing
26
The adjudicator may determine an appeal, or any particular issue, without a hearing if —
a
the parties agree in writing; or
b
the issue concerns only a request for directions.
Public hearings and directions for private hearings
27
1
In this rule, “hearing” means any hearing under these Rules except for a directions hearing that takes place without notice to any other party to consider a request under rule 18(3).
2
In accordance with section 109 of the 2002 Act, the adjudicator may direct that all or part of a hearing is to be in private.
3
Before giving a direction under paragraph (2) that all of a hearing is to be in private, the adjudicator must consider whether it is only necessary that part of the hearing be in private.
4
The adjudicator may permit any individual to attend a hearing which is to be held in private.
5
The adjudicator may exclude from the whole or part of any hearing any individual whose conduct, in the opinion of the adjudicator, has disrupted or is likely to disrupt the hearing.
6
Subject to any direction under paragraph (7), the adjudicator must allow for the public inspection of —
a
a daily list of all hearings; and
b
information about the time and place fixed for the hearings.
7
Where it is decided that all or part of a hearing is to be held in private, the adjudicator may direct that information about the whole or the relevant part of the proceedings before the adjudicator (including information that might help to identify any person) must not be made public.
Evidence
28
1
Subject to rule 24 (notification of witnesses) and to any directions by the adjudicator, a party may —
a
give evidence;
b
with the permission of the adjudicator under rule 5 (directions), bring expert evidence;
c
call witnesses;
d
question any witnesses; and
e
address the adjudicator on the evidence, and generally on the subject matter of the appeal.
2
No person may be compelled to give any evidence or produce any document that the person could not be compelled to give or produce at the trial of an action in a court of law in England and Wales.
3
The adjudicator may require any person to give evidence on oath or affirmation.
4
Evidence may be admitted by the adjudicator whether or not it —
a
would be admissible in a civil trial in England and Wales; or
b
was available to the registrar when the registrar’s decision was made.
Failure to attend a hearing
29
1
If a party who is due to attend any hearing fails to attend or be represented, the adjudicator may, if satisfied that there is no sufficient reason for the absence —
a
hear and determine the appeal in the party’s absence; or
b
i
adjourn the hearing; and
ii
give such directions as the adjudicator considers necessary.
2
Where a party can subsequently show sufficient reason for not attending or being represented at a hearing at which the adjudicator proceeded in the party’s absence, that party may request the adjudicator’s permission to have the hearing re-opened.
Publication of adjudicator’s decision
30
1
Except to the extent that paragraph (2) applies, the adjudicator —
a
must make arrangements to publish the adjudicator’s final decision; and
b
may make arrangements to publish any other decision made by the adjudicator.
2
If the adjudicator decides that a restriction on publication is necessary, the adjudicator may take any steps, including any one or more of the steps specified in paragraph (3) with a view to ensuring the minimum restriction on publication that is consistent with the need for the restriction.
3
The steps referred to in paragraph (2) are —
a
anonymising the decision;
b
editing the text of the decision; and
c
declining to publish the whole or part of the decision.
4
Before reaching a decision under paragraph (1) on whether to impose restrictions on publication the adjudicator must invite the parties to make representations.
Notification of adjudicator’s decision
31
1
The adjudicator must as soon as practicable —
a
whether there has been a hearing or not, serve on each party a notification of the final decision and the reasons for it;
b
subject to any steps taken under these Rules to restrict publication, enter the final decision and the reasons for reaching it in the register; and
c
except where the parties are present or represented at a hearing when the decision is given, serve on each party a notification of any other decision made by the adjudicator in the appeal and, where appropriate, the reasons for it.
2
Every notification under paragraph (1) must be accompanied by a notification of —
a
the right of appeal from a decision of the adjudicator to the High Court under section 111 of the 2002 Act; and
b
the time within which, and the place at which, an application for permission to appeal may be made.
Costs
32
1
The adjudicator may on the application of a party or on the adjudicator’s own initiative make an order as to costs.
2
In deciding what order (if any) as to costs to make the adjudicator must have regard to all of the circumstances including —
a
the conduct of the parties during the proceedings;
b
whether a party has succeeded on the whole or part of their case; and
c
specifically in relation to the registrar, whether the registrar’s decision which is the subject matter of the appeal is irrational.
3
The adjudicator may make a costs order against a legally qualified representative of a party if the adjudicator considers that a party has incurred costs of the proceedings unnecessarily as a result of negligence or delay by the legally qualified representative.
4
The adjudicator may only make a costs order under paragraph (3) if the adjudicator considers that it is just in all of the circumstances for the legally qualified representative to compensate a party who has incurred the whole or part of those costs.
5
No costs order may be made under this rule without first giving the paying party (including a legally qualified representative who is ordered to pay costs under this rule) an opportunity to make representations against the making of an order.
6
Rule 42(4) to (13) of the Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) Rules 2003 apply when an order as to costs is made under paragraph (1).
PART 5 Appeals from the adjudicator
Permission to appeal to the High Court
33
1
A request to the adjudicator for permission to appeal to the High Court may be made by a party —
a
orally at the hearing immediately following the announcement of a decision by the adjudicator; or
b
by way of a request filed not later than 14 days after the date on which the notification of a decision is received by the party making the application whether or not the decision was announced orally at a hearing.
2
When a request is made under paragraph (1)(b), it must be signed by the party seeking permission and must —
a
state the name and address of the party seeking permission and of any representative of that party;
b
identify the decision of the adjudicator to which the request relates; and
c
state the grounds on which the party seeking permission intends to rely before the High Court.
Decision as to permission to appeal to the High Court
34
1
A request to the adjudicator for permission to appeal to the High Court must be decided without a hearing unless —
a
the decision is made immediately following an oral request under rule 33(1)(a); or
b
the adjudicator considers that special circumstances make it appropriate to hold a hearing.
2
The decision of the adjudicator following a request for permission to appeal to the High Court, together with the reasons for the adjudicator’s decision, must be recorded in writing and sent to the parties.
3
If the adjudicator refuses the request, the notification under paragraph (2) must include notification of the time within which a request may be made to the High Court for permission to appeal to that court.
Stay of decision pending appeal
35
1
A party who wishes to make a request under paragraph (2) must make such a request, and set out the grounds for making it, at the same time as making an application to the adjudicator for permission to appeal.
2
Where the adjudicator grants a party permission to appeal to the High Court, the adjudicator may, on the adjudicator’s own initiative or at the request of the party granted permission, stay the implementation of the whole or part of the adjudicator’s decision pending the outcome of the appeal to the High Court.
3
Before reaching a decision under paragraph (2), the adjudicator must invite and consider representations from each other party against the staying of a decision under that paragraph.
4
The adjudicator must serve notification of any decision made under this rule, and the reasons for that decision, on the parties.
Appeal remitted by the High Court for rehearing
36
Where the High Court remits a case to the adjudicator —
a
these Rules, so far as relevant, apply to the case as they did to the original appeal; and
b
the adjudicator must, as soon as is reasonably practicable after the remittal, give directions in relation to the case.
On the authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
30th June 2008


text:
Citation and commencement
1
These Regulations may be cited as the Ministry of Defence Police Appeal Tribunals (Amendment) Regulations 2008 and shall come into force on 20th August 2008.
Amendment to the Ministry of Defence Police Appeal Tribunals Regulations 2004
2
In regulation 4(2)(a) of the Ministry of Defence Police Appeal Tribunals Regulations 2004 for the words “have a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 ” substitute “satisfy the judicial-appointment eligibility condition within the meaning of section 50 of the Tribunals, Courts and Enforcement Act 2007 on a 5-year basis”.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
29th July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Immigration (Notices) (Amendment) (No.2) Regulations 2008 and shall come into force on 1st August 2008.
Amendments to the Immigration (Notices) Regulations 2003
2
1
The Immigration (Notices) Regulations 2003 shall be amended as follows.
2
In regulation 2 (interpretation), in the definition of “immigration decision” after “section 82(2)” insert “and (3A) ”.
3
In regulation 5(1)(b) (contents of notice), for “or (j)” substitute “,(j) or (3A)”.
Liam Byrne
Minister of State
Home Office
8th July 2008