text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Cumbria Acute Hospitals National Health Service Trust (Change of Name) (Establishment) Amendment Order 2008 and shall come into force on 1 st August 2008.
2
In this Order —
“the Establishment Order ” means the North Cumbria Acute Hospitals National Health Service Trust (Establishment) Order 2001 ;
“the trust” means the National Health Service trust established by the Establishment Order.
Amendment of article 1 of the Establishment Order
2
In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph (2) —
a
for the definition of “ the Act ”, substitute —
“the Act” means the National Health Service Act 2006;
and
b
in the definition of “operational date” for “paragraph 3(1)(e) of Schedule 2 to the Act” substitute “paragraph 5(5) of Schedule 4 to the Act”.
Change of name of trust and transitional provision
3
1
The trust shall be called the North Cumbria University Hospitals National Health Service Trust instead of the North Cumbria Acute Hospitals National Health Service Trust.
2
Accordingly in article 1(2) of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order, for “Acute” substitute “University”.
3
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Amendment of nature and functions of the trust
4
In article 3 of the Establishment Order (nature and functions of the trust) —
a
in paragraph (1), for “5(1) of the Act”, substitute “25(1) of the Act”; and
b
in paragraph (2), omit the words from “at or from” to the end of the paragraph.
Amendment of the directors of the trust
5
For article 4 of the Establishment Order (directors of the trust) substitute —
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 5(1)(d) of Schedule 4 to the Act, one of the non-executive directors shall be appointed from Newcastle University.
.
Signed by authority of the Secretary of State
Ann Keen
Parliamentary Under Secretary of State
Department of Health
3rd July 2008


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Commencement No.13) Order 2008.
2
Section 170 of the Serious Organised Crime and Police Act 2005 shall come into force on 1st June 2008.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
20th May 2008


text:
Title, application and commencement
1
1
These Regulations may be cited as the Zoonoses and Animal By-Products (Fees) (England) Regulations 2008.
2
These Regulations apply in England only.
3
These Regulations come into force on 1st October 2008.
Interpretation
2
In these Regulations —
“the 2005 Regulations” means the Animal By-Products Regulations 2005 ;
“the European Regulation” means Regulation (EC) No 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents ;
“official control samples” means samples taken by the Secretary of State under point 2.1.2.2 of the Annex to Commission Regulation (EC) No 1003/2005 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in breeding flocks of Gallus gallus and amending Regulation (EC) No 2160/2003 or point 2.1 of the Annex to Commission Regulation (EC) No 1168/2006 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in laying flocks of Gallus gallus and amending Regulation (EC) No 1003/2005 ;
“the relevant person” means the person in charge of a holding where official control samples are taken or the operator of the laboratory in the case of the other activities specified in the Schedule.
Fees
3
1
The relevant person must pay to the Secretary of State the fee prescribed in the Schedule.
2
The fee in paragraph (1) must be paid to the Secretary of State within 14 days of demand by the Secretary of State.
Revocation
4
The Zoonoses and Animal By-Products (Fees) (England) Regulations 2007 are revoked .
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
30th July 2008
We consent
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd August 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Membership of the Tribunal Procedure Committee Transitional Order 2008 and shall come into force on 19th May 2008.
2
In this Order “ the Act ” means the Tribunals, Courts and Enforcement Act 2007.
Lord Chief Justice’s appointees to the Tribunal Procedure Committee
2
1
The person listed as entry number 1 in the first column of the Table, being appointed as a legal member of the scheduled tribunal in the corresponding entry in the second column of the Table, shall be treated as falling within the sub-paragraph of paragraph 22 of Schedule 5 to the Act in the corresponding entry in the third column of the Table.
2
The persons listed as entries number 2 and 3 of the first column of the Table, being appointed as the scheduled tribunal in the corresponding entry in the second column of the Table, shall be treated as falling within the sub-paragraph of paragraph 22 of Schedule 5 to the Act in the corresponding entry in the third column of the Table.
Appointee Scheduled tribunal Relevant sub-paragraph of paragraph 22 of Schedule 5 1 . Nicholas Warren Appeal Tribunal established under Chapter 1 of Part 1 of the Social Security Act 1998 (c.14) sub-paragraph (1)(a) 2 . Mark Rowland Child Support Commissioner appointed under section 22 of the Child Support Act 1991 (c.48) sub-paragraph (1)(b) 3 . Lesley Clare Adjudicator appointed under section 5 of the Criminal Injuries Compensation Act 1995 (c.53) sub-paragraph (1)(c)
Jack Straw
Lord Chancellor
18th April 2008


text:
Title and commencement
1
This Order —
a
may be cited as the Plant Health (England) (Amendment) (No. 2) Order 2008; and
b
comes into force on 10th November 2008.
Amendments to the Plant Health (England) Order 2005
2
1
The Plant Health (England) Order 2005 is amended as follows.
2
In Part A of Schedule 1, in the section “Insects, mites and nematodes” —
a
for item 4 substitute “ Anoplophora chinensis (Forster)”; and
b
omit item 6.
3
In Part A of Schedule 4, after item 80 insert —
81. Plants, other than seeds, of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Citrus spp., Corylus spp., Cotoneaste r spp., Fagus spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus spp., Prunus spp., Pyrus spp., Salix spp., and Ulmus spp., intended for planting, originating in any third country where Anoplophora chinensis (Forster) is known to occur Without prejudice to the requirements in Schedule 3, Part A, items 4, 12 and 14 and Schedule 4, Part A, items 11, 12, 19, 20, 22, 23, 27, 28, 29, 30, 48, 50, 51, 52, 55, 60, 61, 64, 65 and 70 the plants shall be accompanied by an official statement —
that the plants have been grown throughout their life in a place of production situated in a pest-free area established by the national plant protection organisation in the country of origin in accordance with ISPM No. 4 (the name of the pest-free area to be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Place of origin”); or
that —
the plants have been grown during a period of at least two years prior to export in a place of production, which is registered and supervised by the national plant protection organisation in the country of origin, established as free from Anoplophora chinensis (Forster) in accordance with ISPM No. 10 and which has been subjected annually to two official inspections for any signs of Anoplophora chinensis (Forster) carried out at appropriate times and no signs of the organism have been found;
the plants have been grown in a site —
with complete physical protection against the introduction of Anoplophora chinensis (Forster); or
with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs of Anoplophora chinensis (Forster) are carried out annually at appropriate times and, where signs of Anoplophora chinensis (Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
immediately prior to export, consignments of the plants have been officially subjected to a meticulous inspection for the presence of Anoplophora chinensis (Forster), in particular in roots and stems of the plants and where appropriate including destructive sampling
.
4
In Part B of Schedule 4, after item 36 insert —
37. Plants, other than seeds, of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Citrus spp., Corylus spp., Cotoneaste r spp., Fagus spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus spp., Prunus spp., Pyrus spp., Salix spp., and Ulmus spp., intended for planting, originating in an area from time to time demarcated under a legislative or administrative procedure in a member State for the purpose of eradicating and monitoring an infestation of Anoplophora chinensis (Forster) The plants shall be accompanied by an official statement —
that the plants have been grown during a period of at least two years prior to movement in a place of production which is registered in accordance with Commission Directive 92/90/ EEC (establishing obligations to which producers and importers of plants, plant products or other objects are subject and establishing details for their registration) and which has been subjected annually to two official meticulous inspections for any signs of Anoplophora chinensis (Forster), carried out at appropriate times and where appropriate including destructive sampling, and no signs of the organism have been found; and
that the plants were placed in a site —
with complete physical protection against the introduction of Anoplophora chinensis (Forster); or
with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs of Anoplophora chinensis (Forster) are carried out annually at appropriate times and where signs of Anoplophora chinensis (Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone
.
5
In Part A of Schedule 6 and Part A of Schedule 7, after item 7 insert —
8
Without prejudice to paragraphs 1 and 7, plants, other than seeds, of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Citrus spp., Corylus spp., Cotoneaste r spp., Fagus spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus spp., Prunus spp., Pyrus spp., Salix spp., and Ulmus spp., intended for planting, originating in any third country where Anoplophora chinensis (Forster) is known to occur or in an area demarcated under a legislative or administrative procedure in a member State for the purpose of eradicating and monitoring an infestation of Anoplophora chinensis (Forster)
.
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
19th October 2008


text:
PART 1 General
Citation and commencement
1
These Regulations may be cited as the Childcare (General Childcare Register) Regulations 2008 and come into force on 1st September 2008.
Interpretation
2
In these Regulations —
“ the Act ” means the Childcare Act 2006;
“appropriate first aid qualification” means a qualification in first aid appropriate for the treatment of the children for whom childcare is provided;
“enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B of the Police Act 1997 ;
“harm” has the same meaning as in section 31(9) of the Children Act 1989 ;
“home child-carer” means an individual who provides early years childminding or later years childminding —
for a child or children for particular parents, wholly or mainly in the home of the parents, or
for a child or children for particular parents (“the first parents”) and, in addition, for a child or children for different parents (“the second parents”), wholly or mainly in the home of the first parents or the second parents or in both homes;
“parent” includes any person who has parental responsibility for a child or has care of a child;
“relevant premises” means, in relation to the provision of childcare by a person, the premises or part of the premises on which that childcare is provided or will be provided.
Revocation of the Childcare (Voluntary Registration) Regulations 2007
3
The Childcare (Voluntary Registration) Regulations 2007 are revoked.
PART 2 Registration in Part A of the general childcare register
Prescribed requirements for registration
4
1
Part 1 of Schedule 1 contains requirements prescribed for the purposes of section 54(3)(b) of the Act.
2
Part 1 of Schedule 2 contains requirements prescribed for the purposes of section 55(3)(b) of the Act.
Information to accompany application for registration
5
1
An application under section 54(1) of the Act must include the information in Part 2 of Schedule 1 about the matters mentioned there.
2
An application under section 55(1) of the Act must include the information in Part 2 of Schedule 2 about the matters mentioned there.
PART 3 Provisions governing the activities of later years providers
Matters prescribed for the purposes of section 59
6
A later years provider to whom section 59 of the Act applies must —
a
meet such of the requirements set out in Schedule 3 as are applicable to that provider, and
b
in the provision of childcare have regard to the needs of each child relating to childcare.
Matters to be considered by the Chief Inspector
7
In exercising functions under Part 3 of the Act, the Chief Inspector is required to have regard to the requirements set out in Schedule 3.
8
Any allegation that a later years provider to whom section 59 of the Act applies has failed to meet such of the requirements set out in Schedule 3 as are applicable to that provider, or to have regard to the matter specified in regulation 6(b), may be taken into account —
a
by the Chief Inspector in the exercise of functions under Part 3 of the Act, or
b
in any proceedings under that Part.
Offence relating to corporal punishment
9
1
A later years provider who is registered in Part A of the general childcare register commits an offence if, without reasonable excuse, that provider fails to comply with the requirements in paragraph 5 of Schedule 3.
2
A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
PART 4 Registration in Part B of the general childcare register
Prescribed requirements for registration
10
1
Subject to paragraph (2), Part 1 of Schedule 4 contains requirements prescribed for the purposes of section 62(3)(b) of the Act.
2
In the case of an applicant who is to be a home child-carer, the requirements in paragraphs 5 to 8 in Part 1 of Schedule 4 are not prescribed for the purposes of section 62(3)(b) of the Act.
3
Part 1 of Schedule 5 contains requirements prescribed for the purposes of section 63(4)(b) of the Act.
Information to accompany application for registration
11
1
Subject to paragraphs (2) and (3), an application for registration under section 62(1) of the Act must include the information set out in Part 2 of Schedule 4 about the matters mentioned there.
2
In the case of an applicant who is to be a home child-carer, the information prescribed in paragraphs 12 to 14 in Part 2 of Schedule 4 is not required.
3
In the case of an applicant who is not providing early years or later years childminding when their application is made under section 62(1) of the Act, the information prescribed in paragraphs 15 and 16 in Part 2 of Schedule 4 is not required.
4
An application for registration under section 63(1) of the Act must include the information set out in Part 2 of Schedule 5 about the matters mentioned there.
Activities of persons registered in Part B of the general childcare register
12
A person registered in Part B of the general childcare register must —
a
meet such of the requirements set out in Schedule 6 as are applicable to that person, and
b
in the provision of childcare have regard to the needs of each child relating to childcare.
13
In exercising functions under Part 3 of the Act, the Chief Inspector is required to have regard to the requirements set out in Schedule 6.
14
Any allegation that a person registered in Part B of the general childcare register has failed to meet such of the requirements set out in Schedule 6 as are applicable to that person, or to have regard to the matter specified in regulation 12(b), may be taken into account —
a
by the Chief Inspector in the exercise of functions under Part 3 of the Act, or
b
in any proceedings under that Part.
Beverley Hughes
Minister of State
Department for Children, Schools and Families
31st March 2008


text:
Citation
1
This Order may be cited as the Greater London Authority Act 2007 (Commencement No. 4 and Saving) Order 2008.
Provision coming into force on 27th June 2008
2
Subject to article 3, section 30 of the Greater London Authority Act 2007 shall come into force on 27th June 2008.
Saving
3
Section 15 of the Planning and Compulsory Purchase Act 2004 shall continue to apply, in the form in which it was in force immediately before 27th June 2008, in relation to any local development scheme submitted to the Secretary of State before that date.
Signed by authority of the Secretary of State
Caroline Flint
Minister of State
Department for Communities and Local Government
19th May 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Childcare (Provision of Information About Young Children) (England) Regulations 2008 and come into force on 1st September 2008.
2
These Regulations apply only in relation to England.
Interpretation
2
In these Regulations —
“ the Act ” means the Childcare Act 2006;
“the Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills ;
“funded early years provision” means early years provision which is available free of charge in pursuance of the duty imposed by section 7 of the Act (duty to secure prescribed early years provision free of charge) ;
“local authority” has the same meaning as “English local authority” in section 106 of the Act;
“special educational needs” has the same meaning as in section 312 of the Education Act 1996 .
Prescribed person under section 99(2)(b) of the Act
3
A local authority in whose area funded early years provision is provided is a prescribed person for the purposes of section 99(2)(b) of the Act (provision of information about young children: England).
Provision of information by a provider of funded early years provision to a relevant person under section 99(1) of the Act
4
1
The information set out in Parts 1 and 2 of the Schedule is prescribed information for the purposes of section 99(1) of the Act.
2
A person falling within section 99(1)(a) of the Act who provides funded early years provision, when required to do so by the relevant person, must provide to that person each item of information set out in Part 1 or 2 of the Schedule that is requested.
3
A person falling within section 99(1)(b) of the Act, when required to do so by the relevant person, must provide to that person each item of information set out in Part 1 of the Schedule that is requested.
4
When providing any item of information set out in the Schedule, a person referred to in paragraph (2) or (3) must also provide —
a
the early years reference number allocated to the provider by the Department for Children, Schools and Families;
b
the early years unique reference number or other identifier allocated to the provider by the Chief Inspector on registration; and
c
(if known) the local authority code allocated by the Department for Children, Schools and Families to the local authority in whose area the funded early years provision is provided.
Prescribed persons under section 99(3)(b) of the Act
5
The following are prescribed persons for the purposes of section 99(3)(b) of the Act —
a
the Chief Inspector;
b
a local authority providing financial assistance under section 8 of the Act in respect of funded early years provision, if different from the local authority prescribed at regulation 3; and
c
the proprietor of a school at which the child is a registered pupil .
Prescribed persons under section 99(4)(b) of the Act
6
The following are prescribed persons for the purposes of the provision of individual child information pursuant to section 99(4)(b) of the Act —
a
a person who provides early years provision to the child;
b
the Chief Inspector; and
c
the Qualifications and Curriculum Authority .
Prescribed persons under section 99(6)(c) of the Act
7
The following are prescribed persons for the purposes of section 99(6)(c) of the Act —
a
a local authority providing financial assistance under section 8 of the Act in respect of funded early years provision, if different from the local authority prescribed in regulation 3; and
b
the proprietor of a school at which the child is a registered pupil.
Prescribed categories under section 99(4)(c) of the Act
8
For the purposes of section 99(4)(c) of the Act, the prescribed categories are —
a
persons conducting research into the educational achievements of children and who require individual child information for that purpose; and
b
persons having access to a database established and operated by the Secretary of State under section 12 of the Children Act 2004 .
Amendment of the Education (Individual Pupil Information) (Prescribed Persons) Regulations 1999
9
1
The Education (Individual Pupil Information) (Prescribed Persons) Regulations 1999 are amended in accordance with paragraph (2).
2
In regulation 3(1) —
a
at the end of sub-paragraph (a), omit “and”;
b
at the end of sub-paragraph (b), insert “and”; and
c
after sub-paragraph (b), insert —
c
persons having access to a database established and operated by the Secretary of State under section 12 of the Children Act 2004.
.
Revocations
10
The following Instruments are revoked —
a
The Education (Provision of Information About Young Children) (England) Regulations 2007 ;
b
The Education (Provision of Information About Young Children) (England) (Amendment) Regulations 2007 ; and
c
paragraph 63 of Part 2 of the Schedule to the Secretaries of State for Children, Schools and Families, for Innovation, Universities and Skills and for Business, Enterprise and Regulatory Reform Order 2007 .
Beverley Hughes
Minister of State
Department for Children, Schools and Families
30th June 2008


text:
Citation and interpretation
1
1
This Order may be cited as the UK Borders Act 2007 (Commencement No. 1 and Transitional Provisions) Order 2008.
2
In this Order “the 2007 Act ” means the UK Borders Act 2007.
Commencement
2
The following provisions of the 2007 Act shall come into force on 31st January 2008 —
a
sections 1 to 4 (detention at ports);
b
sections 5 to 8 (biometric registration: regulations);
c
section 10 (biometric registration: objection to penalty) for the purposes of making an order under subsections (2) and (4);
d
section 11 (biometric registration: appeal in respect of penalty) for the purposes of making rules under subsection (6);
e
section 13 for the purposes of issuing a code of practice under subsection (1) and making an order under subsection (6) (biometric registration: code of practice regarding penalty);
f
sections 14 and 15 (biometric registration: prescribed matters and interpretation);
g
subject to article 3, section 16 (conditional leave to enter or remain);
h
section 18 (support for asylum-seekers: enforcement);
i
section 20 (fees);
j
sections 22 and 23 (assaulting an immigration officer: offence and power of arrest);
k
subject to article 4, section 26 (disposal of property) for the purposes of making regulations under subsection (5);
l
sections 29 to 31 (facilitation and trafficking);
m
sections 40 to 43 (supply and wrongful disclosure of information); and
n
in the Schedule (repeals) the entries relating to —
i
the Immigration Act 1971 ;
ii
the Immigration and Asylum Act 1999 ;
iii
section 130 of the Nationality, Immigration and Asylum Act 2002 ;
iv
the Commissioners for Revenue and Customs Act 2005 ; and
v
the Immigration, Asylum and Nationality Act 2006 .
Transitional provisions
3
A condition under section 3(1)(c)(iv) and (v) of the Immigration Act 1971 (general provisions for regulation and control) may be added to leave given before the passing of the 2007 Act.
4
Regulations made under section 26(5) of the 2007 Act may have effect in relation to property which came into the possession of an immigration officer or the Secretary of State before the passing of the 2007 Act.
Liam Byrne
Minister of State
Home Office
17th January 2008


text:
Accordingly the Secretary of State, with the concurrence of the Treasury, in exercise of the powers conferred by sections 1, 2(1), 2(7), 2AA(1), 2A(1), 2C(1) and 6(1) of the 1973 Act makes the following Order: —
Citation and commencement
1
This Order may be cited as the Defence Support Group Trading Fund Order 2008 and shall come into force on 1st April 2008.
Establishment of the fund
2
1
From 1st April 2008, there shall be established a trading fund to be known as the Defence Support Group Trading Fund (“the fund”).
2
The operations of the Defence Support Group described in Schedule 1 shall be financed by means of the fund.
Source of Loans
3
The Secretary of State is designated as the source of issues to the fund by way of loan.
Assets, liabilities, reserves and public dividend capital
4
1
The Crown assets and liabilities set out in Schedule 2 to this Order shall be appropriated as assets and liabilities of the fund.
2
30 per cent of the balance of the amount by which the values of the assets exceed the amounts of the liabilities shall be treated as revaluation reserves in the accounts of the fund and shall be maintained as reserves.
3
50 per cent of the balance of —
a
the amount by which the value of the assets exceed the amounts of the liabilities, less
b
the amount to be treated as revaluation reserves in accordance with paragraph (2) above,
shall be treated as public dividend capital of the fund.
Maximum borrowing, etc.
5
The aggregate of the following shall not exceed £300,000,000 —
a
the total outstanding at any given time in respect of amounts issued to the fund under section 2B of the 1973 Act (other than as originating debt), and
b
the total at that time constituting public dividend capital issued to the fund under section 2A(2A) of the 1973 Act.
Revocation
6
The ABRO Trading Fund Order 2002 is revoked.
Des Browne
Secretary of State for Defence
26th February 2008
We concur
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
27th February 2008


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment) Regulations 2008.
2
These Regulations shall come into force on 6th April 2008.
Amendments to the Social Security (Contributions) Regulations 2001
2
The Social Security (Contributions) Regulations 2001 are amended as follows.
3
Amend regulation 10 (earnings limits and thresholds) as follows —
a
for “2007” substitute “2008”;
b
in paragraph (a) for “£87” substitute “£90”;
c
in paragraph (b) for “£670” substitute “£770”; and
d
in paragraphs (c) and (d) for “£100” substitute “£105”.
4
Amend regulation 11(3) (prescribed equivalents) as follows —
a
in sub-paragraph (a) for “£435” substitute “£453”; and
b
in sub-paragraph (b) for “£5,225” substitute “£5,435”.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd January 2008


text:
Citation and commencement
1
These Regulations may be cited as the Antarctic (Amendment) Regulations 2008 and shall come into force on 29th December 2008. The Antarctic Regulations 1995 (“the principal Regulations”), as amended , and these Regulations may be cited together as the Antarctic Regulations 1995 to 2008.
Amendment of Regulation 4 of the principal Regulations
2
Regulation 4(2) of the principal Regulations shall be deleted and replaced by the following:
2
No later than 10 days after receiving the application, the Secretary of State shall cause notice of the application to be published on the internet website of the Foreign and Commonwealth Office in such form and containing such information as he may deem appropriate which shall include the name and contact details of the applicant.
Amendment of Regulation 6 of the principal Regulations
3
Regulation 6(5) of the principal Regulations shall be amended by substituting for the words
“in the London Gazette” the words “on the internet website of the Foreign and Commonwealth Office”.
Amendment of Schedules 1 and 2 to the principal Regulations
4
The Schedules to the principal Regulations shall be amended as follows:
a
There shall be deleted from Schedule 1 the area listed as ASPA 129: Rothera Point.
b
There shall be added to Schedule 1 the areas listed and described in Schedule 1 to these Regulations.
c
There shall be deleted from Schedule 2 the Historic Sites and Monuments listed and described as: “Site No 12 Cross and Plaque at Cape Denison, George V Land” and “Site No 13 Hut at Cape Denison, George V Land”.
d
There shall be added to Schedule 2 the Historic Sites and Monuments listed in Schedule 2 to these Regulations.
Gillian Merron
For the Secretary of State
for Foreign and Commonwealth Affairs
19th November 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Directions by Strategic Health Authorities to Primary Care Trusts Regarding Arrangements for Involvement) (No.2) Regulations 2008 and shall come into force —
a
for the purposes of regulation 7, on 13th October 2008; and
b
for all other purposes, on 3rd November 2008.
2
In these Regulations —
“ the Act ” means the National Health Service Act 2006;
“relevant matter” has the meaning given in regulation 2(1)(a);
“relevant persons” has the meaning given in regulation 2(1)(b);
“relevant Strategic Health Authority”, in relation to a Primary Care Trust, means a Strategic Health Authority any part of whose area falls within the Primary Care Trust’s area.
Directions in cases where a Strategic Health Authority arranges involvement
2
1
This regulation applies if —
a
a Primary Care Trust has made or is to make arrangements under section 242(1B) of the Act which secure that users of health services are involved in a particular matter (the “relevant matter”); and
b
the users of health services who would otherwise be involved in the relevant matter under those arrangements (the “relevant persons”) are to be involved in that matter under arrangements made or to be made by a relevant Strategic Health Authority.
2
Subject to paragraph (3), where this regulation applies, the Strategic Health Authority may direct the Primary Care Trust that persons who would otherwise be involved in the relevant matter under arrangements made or to be made by that Trust under section 242(1B) of the Act are not to be involved in that matter under those arrangements.
3
A Strategic Health Authority may give a direction under paragraph (2) only if the arrangements made or to be made by that Authority —
a
are, in the opinion of that Authority, more appropriate for securing the efficient and effective involvement of the relevant persons in the relevant matter than any arrangements made or to be made under section 242(1B) of the Act by the Primary Care Trust; and
b
would, if made by the Primary Care Trust, satisfy the duty on that Trust under section 242(1B) of the Act in relation to the involvement of the relevant persons in the relevant matter.
4
A direction given under paragraph (2) must —
a
be given in writing; and
b
specify the relevant matter to which the direction relates.
5
A direction under paragraph (2) may be given where the involvement of the relevant persons in the relevant matter under arrangements made by the Primary Care Trust has already begun.
6
Where a direction is given in the circumstances specified in paragraph (5), the direction may specify —
a
the aspects, if any, of involvement under those arrangements the Primary Care Trust is to complete;
b
the arrangements to be made for ending involvement under those arrangements;
c
that the relevant persons are to be notified about the effect of the direction.
Consequences of issuing a direction
3
If a Strategic Health Authority gives a direction to a Primary Care Trust in accordance with regulation 2(2), that Trust is not to be taken to have failed to comply with its duty under section 242(1B) of the Act in relation to the relevant matter by reason of compliance with the direction.
Acting jointly
4
If a Strategic Health Authority gives a direction to a Primary Care Trust in accordance with regulation 2(2), it may also direct that Trust to act jointly with that Authority in carrying out involvement of the relevant persons in the relevant matter.
Information
5
1
Where a Strategic Health Authority has given a direction to a Primary Care Trust in accordance with regulation 2(2) —
a
the Trust must provide the required information to the Authority; and
b
the Authority must provide the required information to the Trust.
2
For the purpose of paragraph (1)(a) the required information is any information that —
a
is requested by the Authority from the Trust; and
b
the Authority reasonably requires —
i
to make arrangements for the involvement of the relevant persons in the relevant matter; or
ii
for the involvement of the relevant persons in the relevant matter under arrangements made or to be made by the Authority.
3
For the purpose of paragraph (1)(b) the required information is any information that —
a
is requested by the Trust from the Authority;
b
is relevant to the functions of the Trust; and
c
is —
i
obtained by the Authority as a result of the arrangements made or to be made by that Authority for the involvement of the relevant persons in the relevant matter; or
ii
held by the Authority and relates to the arrangements made or to be made by that Authority for the involvement of the relevant persons in the relevant matter.
Amendment of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements)(England) Regulations 2002
6
1
Regulation 6 of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 (limitations and restrictions on the exercise of functions relevant to both Strategic Health Authorities and Primary Care Trusts) is amended as follows.
2
In paragraph (3) for “The” substitute “Subject to paragraph (3A), the”.
3
After paragraph (3) insert —
3A
A Strategic Health Authority may exercise the power under section 2 of the Act (Secretary of State’s general power as to services) to make arrangements, as respects health services for which a relevant Primary Care Trust is responsible, which secure that users of those services, whether directly or through representatives, are involved (whether by being consulted or provided with information, or in other ways) in matters relating to the provision of those services.
3B
In paragraph (3A) —
a
“health services” means services provided under the Act; and
c
“relevant Primary Care Trust”, in relation to a Strategic Health Authority, means a Primary Care Trust any part of whose area falls within the area of that Strategic Health Authority.
3C
For the purposes of paragraph (3A) a Primary Care Trust is responsible for health services —
a
if the Primary Care Trust provides or will provide those services to individuals, or
b
if another person provides, or will provide, those services to individuals —
i
at the Primary Care Trust’s direction,
ii
on its behalf, or
iii
in accordance with an agreement or arrangements made by that Primary Care Trust with that other person.
3D
For the purposes of paragraph (3A) a person is a “user” of health services if the person is someone to whom those services are being or may be provided.
Revocation
7
The National Health Service (Directions by Strategic Health Authorities to Primary Care Trusts Regarding Arrangements for Involvement) Regulations 2008 are revoked.
Signed by the authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department for Health
8th October 2008


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 and shall come into force on 1st October 2008.
2
In this Order “the 1995 Order ” means the Town and Country Planning (General Permitted Development) Order 1995 .
3
This Order applies in relation to England only.
World Heritage Sites
2
1
The 1995 Order is amended in accordance with this article.
2
In article 1(2) (citation, commencement and interpretation) —
a
in the definition of “the Use Classes Order” for “.” substitute “; and”; and
b
after the definition of “the Use Classes Order” insert —
“World Heritage Site” means a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage.
.
3
In Part 2 (article 1(5) land) of Schedule 1 —
a
at the end of paragraph (e) for “.” substitute “; and”; and
b
after paragraph (e) insert —
f
a World Heritage Site.
.
4
In paragraph G.1 of Part 40 (installation of domestic microgeneration equipment) of Schedule 2 —
a
in the definition of “stand alone solar” for “;” substitute “.”; and
b
omit the definition of “World Heritage Site”.
Development within the curtilage of a dwellinghouse
3
In Schedule 2 to the 1995 Order, for Part 1 (development within the curtilage of a dwellinghouse) substitute the text set out in the Schedule to this Order.
Installation of Domestic Microgeneration Equipment
4
In paragraph A.1. of Part 40 (installation of domestic microgeneration equipment) of Schedule 2 to the 1995 Order, omit “or roof slope” from sub-paragraphs (c)(i) and (c)(ii).
Hazel Blears
One of Her Majesty’s Principal Secretaries of State
Department for Communities and Local Government
4th September 2008