text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 4) Regulations 2008 and shall come into force on 1st July 2008.
Amendment of the Social Security (Contributions) Regulations 2001
2
1
The Social Security (Contributions) Regulations 2001 are amended as follows.
2
In Part 10 of Schedule 3 (miscellaneous payments disregarded in the computation of employed earner’s earnings) —
a
in paragraph 1 for “2 to 19” substitute “2 to 20”; and
b
add the following paragraph at the end —
Up-Front Childcare Fund payments
20
Any Up-Front Childcare Fund payment made pursuant to arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 .
This paragraph does not apply to Northern Ireland.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 2008
The Secretary of State concurs.
Signed by authority of the Secretary of State for Work and Pensions
Mike O’Brien
Minister of State
Department for Work and Pensions
4th June 2008


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Crime and Disorder Act 1998 (Responsible Authorities) Order 2008 and shall come into force on 12th September 2008.
Combined areas
2
1
The functions conferred by sections 6 to 7 of the Crime and Disorder Act 1998 are to be carried out in relation to the local government areas of Stratford–on–Avon District Council and Warwick District Council as if they constituted only one area (for the purposes of this article, “the combined area”).
2
The persons who for the purposes of Chapter 1 of the Crime and Disorder Act 1998 are to be taken as the responsible authorities in relation to the combined area are the persons who, apart from this Order, would be a responsible authority in relation to any one or more of the areas included in the combined area.
3
1
The functions conferred by sections 6 to 7 of the Crime and Disorder Act 1998 are to be carried out in relation to the local government areas of Daventry District Council and South Northamptonshire District Council as if they constituted only one area (for the purposes of this article, “the combined area”).
2
The persons who for the purposes of Chapter 1 of the Crime and Disorder Act 1998 are to be taken as the responsible authorities in relation to the combined area are the persons who, apart from this Order, would be responsible authority in relation to any one or more of the areas included in the combined area.
West of Spithead
Parliamentary Under Secretary of State
Home Office
13th August 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Charities Act 2006 (Commencement No. 5, Transitional and Transitory Provisions and Savings) Order 2008.
2
In this Order —
“the 2006 Act ” means the Charities Act 2006;
“ the Commission ” means the Charity Commission;
“company” has the meaning given by section 97(1) of the 1993 Act ;
“enactment” includes section 36 of the Charities and Trustee Investment (Scotland) Act 2005 ;
“financial year” has the meaning given by section 97(1) of the 1993 Act;
“formerly specified educational institution” means —
a body to which section 23(1)(a) or (b) of the School Standards and Framework Act 1998 applies;
an Education Action Forum established by virtue of section 10(1) of that Act; or
an institution to which section 23(2) of that Act applies;
“ old section 3(2) of the 1993 Act ” means section 3(2) of the 1993 Act as it was in force immediately before 31st January 2009 ;
“ old section 3(5) of the 1993 Act ” means section 3(5) of the 1993 Act as it was in force immediately before 31st January 2009 ;
“qualifying excepted charity” means a charity within section 3A(2)(b), (c) or (d) of the 1993 Act;
“the register” and “registered” are to be construed in accordance with section 97(1) of the 1993 Act;
“relevant date” means the day appointed for the commencement of section 9 of the 2006 Act for the purpose of inserting new section 3A(6) of the 1993 Act;
“relevant specified institution” means a formerly specified educational institution which falls within section 3A(2)(d) of the 1993 Act.
“transitory financial year” means, in relation to a formerly specified educational institution, a financial year which begins —
on or after 31st January 2009; but
before 1st October 2009.
Commencement
2
Subject to the following provisions of this Order, the day appointed for the commencement of the provisions of the 2006 Act specified in Column 1 of the Schedule is 31st January 2009 except that —
a
where a particular purpose is specified in Column 3 of that Schedule in relation to any such provision, the relevant provision comes into force on that date for that particular purpose only;
b
where any limitation is specified in Column 3 of that Schedule in relation to any such provision, the relevant provision comes into force on that date subject to the specified limitation.
The register of charities and registration of excepted charities: transitional and transitory provisions and savings
3
The commencement of section 9 of the 2006 Act by article 2 of this Order, for the purposes specified in Column 3 of the Schedule, does not affect —
a
any decision made by the Commission before 31st January 2009 under section 3 of the 1993 Act, as it was in force immediately before that date —
i
to enter or, as the case may be, not to enter an institution in the register; or
ii
to remove or, as the case may be, not to remove an institution from the register;
b
any proceedings brought in the court or to the Charity Tribunal before 31st January 2009 in respect of a decision falling within sub-paragraph (a); or
c
the operation of the 1993 Act in relation to any proceedings brought to the Charity Tribunal —
i
on or after 31st January 2009; and
ii
in respect of a decision falling within sub-paragraph (a).
4
1
Subject to paragraph (2), where —
a
a request had been made before 31st January 2009 by a relevant charity under old section 3(2) of the 1993 Act; and
b
the Commission had not made a decision in respect of that request before that date,
the Commission may enter the charity in the register or, as the case may be, must remove the relevant charity from the register.
2
The Commission —
a
must enter a relevant charity in the register if it is satisfied that the charity is required to be registered under section 3A(1) of the 1993 Act;
b
must not remove a relevant charity from the register if it is satisfied that the charity is required to be registered under that provision of that Act.
3
Schedule 1C to the 1993 Act applies to a decision made by the Commission under this article as it applies to a decision made by the Commission under section 3A of that Act.
4
In this article, “relevant charity” means a charity excepted from the requirement to register by paragraph (b) or paragraph (c) of old section 3(5) of the 1993 Act immediately before 31st January 2009.
5
In addition to the name, and particulars, of every charity registered in accordance with section 3A of the 1993 Act, the register shall contain —
a
the name of —
i
every charity which —
aa
was registered, whether at the request of the charity or otherwise, under old section 3(2) of the 1993 Act; and
bb
had not been removed from the register before 31st January 2009;
ii
every charity registered in accordance with article 4 which is not required to be registered under section 3A(1) of the 1993 Act; and
iii
every charity registered in accordance with article 6; and
b
such other particulars of, and such other information relating to, every such charity as the Commission thinks fit.
6
1
The Commission may enter a qualifying excepted charity in the register if that charity requests to be so registered —
a
on or after 31st January 2009; but
b
before the relevant date.
2
Despite paragraph (1), the Commission must not enter in the register any qualifying excepted charity which —
a
is a formerly specified educational institution; and
b
requests to be so registered before 1st October 2009.
7
1
During such time as section 3A(6) of the 1993 Act is not in force —
a
section 3(6) of the 1993 Act applies with the modifications specified in paragraph (2); and
b
any reference to “a charity registered in accordance with section 3A of the Charities Act 1993” in any enactment other than the 1993 Act is to be treated as a reference to a charity —
i
which is for the time being registered —
aa
in accordance with section 3A(1) of the 1993 Act; or
bb
under article 4 or 6 of this Order; or
ii
which —
aa
is a qualifying excepted charity;
bb
was registered before 31st January 2009; and
cc
for the time being remains on the register.
2
The reference to “a charity which is for the time being registered under section 3A(6) below” in section 3(6) is to be treated as a reference to a qualifying excepted charity which is for the time being registered.
8
1
The Commission may, at any time before the relevant date, remove a qualifying excepted charity, which is for the time being registered, from the register without that charity requesting to be so removed.
2
This article applies in addition to section 3(4) of the 1993 Act.
9
For the purposes of articles 7 and 8 it does not matter whether a qualifying excepted charity was excepted from the requirement to register under old section 3(5) of the 1993 Act or section 3A(2) of the 1993 Act, as the case may be, at the time it was registered.
Preparation etc. of accounts by excepted charities: transitory provision and savings
10
1
During such time as section 46(3A) of the 1993 Act is not in force, section 46(3) of the 1993 Act, as amended by the provisions of the 2006 Act commenced by article 2 of this Order for the purposes specified in Column 3 of the Schedule, applies with the modifications specified in paragraph (2) .
2
Section 46(3) of the 1993 Act applies as if the reference to “subsections (3A) and (3B) below” were a reference to subsection (3B) only.
Formerly specified educational institutions: transitional and transitory provisions and savings
11
1
A formerly specified educational institution to which this article applies —
a
is excepted from the duty to be registered under subsection (1) of section 3A of the 1993 Act until 1st October 2009; and
b
for the purposes of any enactment other than the 1993 Act is to be treated, before 1st October 2009, as a charity which is not required to be registered by virtue of subsection (2) of section 3A of the 1993 Act.
2
This article applies to any formerly specified educational institution which is not excepted under section 3A(2)(c) of the 1993 Act from the requirement to be registered under section 3A(1) of that Act .
12
1
Subsections (1) and (2) of section 46 of the 1993 Act continue to apply to a formerly specified educational institution in relation to —
a
any relevant financial year; and
b
the books of accounts kept and statements of account prepared in respect of —
i
any such financial year; or
ii
any financial year of the institution which ended before 31st January 2009.
2
In this article, “relevant financial year” means, in relation to a formerly specified educational institution, a financial year —
a
which began before 31st January 2009; but
b
ends on or after that date.
13
1
The charity trustees of a formerly specified educational institution are not required to comply with the provisions of the 1993 Act specified in paragraph (2) in respect of any transitory financial year.
2
The specified provisions are —
a
if the formerly specified educational institution is not a company —
i
sections 41, 42, 48 and 49A; and
ii
Schedule 5A;
b
if the formerly specified education institution is a company —
i
sections 48 and 49A; and
ii
Schedule 5A.
3
Nothing in sections 43, 44 and 44A of the 1993 Act applies to a formerly specified educational institution which is not a relevant specified institution in respect of any transitory financial year.
4
In addition —
a
the charity trustees of a formerly specified educational institution which is not a qualifying excepted charity are not required to comply with section 45 of the 1993 Act in respect of any transitory financial year; and
b
accordingly, in so far as it relates to compliance with section 45 of the 1993 Act, section 49 of the 1993 Act does not apply to those charity trustees in respect of any transitory financial year.
14
The Commission may not require, under section 46(5) of the 1993 Act, the charity trustees of a formerly specified educational institution which is not a relevant specified institution to prepare an annual report in respect of any transitory financial year.
15
1
Despite articles 13 and 14, the charity trustees of a formerly specified educational institution must —
a
keep proper books of account with respect to the affairs of the institution during any transitory financial year; and
b
if not required by or under the authority of any Act of Parliament to prepare a statement of accounts for a transitory financial year, prepare —
i
an income and expenditure account relating to that financial year; and
ii
a balance sheet relating to the end of that financial year.
2
Any books of accounts and statements of account kept or prepared under paragraph (1) must be kept for a period of at least six years unless —
a
the institution ceases to exist; and
b
the Commission consents in writing to their being destroyed or otherwise disposed of.
16
1
Where a qualifying request is made, the accounts to be treated as the most recent accounts of the relevant formerly specified educational institution for the purposes of section 47 of the 1993 Act are the accounts specified in paragraph (2).
2
The specified accounts are —
a
the accounts of the institution most recently audited in pursuance of any statutory or other requirement; or
b
if its accounts are not required to be audited, the accounts most recently prepared in respect of that institution whether under article 15 or otherwise.
3
In this article —
a
subject to paragraphs (4) and (5), “qualifying period” means, in relation to a formerly specified educational institution, the period of ten months from the end of the relevant financial year.
b
“qualifying request” means a request —
i
made under section 47(2) of the 1993 Act for the most recent accounts of a formerly specified educational institution; and
ii
made —
aa
on or after 31st January 2009; but
bb
before the end of the qualifying period.
c
“relevant financial year” means —
i
in relation to a formerly specified educational institution which is not a company, the first financial year in respect of which the charity trustees are required to prepare —
aa
a statement of accounts under section 42(1) of the 1993 Act; or
bb
an account and statement under section 42(3) of that Act;
ii
in relation to a formerly specified educational institution which is a company, the first financial year in respect of which the charity trustees are required to prepare an annual report under section 45 of that Act.
4
Where the Commission allows a longer period under section 45(3)(b) or (3A) of the 1993 Act for the transmission to it by the charity trustees of the annual report for the relevant financial year, the “qualifying period”, in relation to the relevant institution, is such longer period as is allowed by the Commission.
5
Where —
a
the Commission makes a request for the transmission of the annual report for the relevant financial year under subsection (3A) of section 45 of that Act; and
b
paragraph (b) of that subsection applies to the request,
the “qualifying period”, in relation to the relevant institution, is the period of three months from the date of the request.
6
Paragraphs (4) and (5) apply whether the longer period is allowed or the request made, as the case may be —
a
before the expiry of the period mention in paragraph (3)(a) above; or
b
after the expiry of that period.
17
1
The provisions of the 1993 Act specified in paragraph (5) do not apply to any formerly specified educational institution before 1st October 2009.
2
For the purposes of the provisions of the 1993 Act specified in paragraph (6) a formerly specified educational institution is to be treated, before 1st October 2009, as if it were an exempt charity.
3
No inquiry instituted by the Commission under section 8 of the 1993 Act before 1st October 2009 may extend to any formerly specified educational institution.
4
For the purposes of section 37(10) of the 1993 Act, a formerly specified educational institution is to be treated as ceasing to be an exempt charity on 1st October 2009.
5
The provisions of the 1993 Act specified for the purposes of paragraph (1) are sections 6, 17(7), 18, 28(1), 36 and 38.
6
The provisions of the 1993 Act specified for the purposes of paragraph (2) are sections 9, 16, 24, 25, 33, 69G, and 73(4).
Kevin Brennan
Parliamentary Secretary
Cabinet Office
19th December 2008


text:
Title and Commencement
1
These Regulations may be cited as the Feeding Stuffs (England) (Amendment) Regulations 2008 and come into force on 30th July 2008.
Amendment of the Feeding Stuffs (England) Regulations 2005
2
1
The Feeding Stuffs (England) Regulations 2005 are amended in accordance with paragraph (2).
2
In Chapter A of Schedule 7 (permitted feeding stuffs intended for particular nutritional purposes and provisions relating to their use), for the entries relating to reduction of the risk of milk fever, substitute the entries set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
11th June 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2008 and, subject to paragraph (2), shall come into force on 1 st April 2008.
2
Article 2(3) and (6) shall come into force on 6th April 2008.
3
In this Order, “ the Act ” means the Proceeds of Crime Act 2002.
Amendment to the Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003
2
1
The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 is amended as follows.
2
In article 2 (interpretation), in the definitions of “an English or Welsh appropriate officer” and “a Northern Ireland appropriate officer, for “the Director” substitute “a member of SOCA ’s staff”.
3
For article 5(4) (modifications of section 352(5) of the Act), substitute —
The modifications are —
a
for paragraphs (a), (b) and (c), there are substituted —
a
an officer of Revenue and Customs;
b
a constable of a police force in England and Wales;
c
a constable of the Police Service of Northern Ireland; or
d
an accredited financial investigator.
; and
b
in subsection (7), for “paragraph (a) or (c)” substitute “paragraph (d)”.
4
In article 7(1) and (5) (Northern Ireland disclosure orders), for “the Director” substitute “a Northern Ireland appropriate officer”.
5
In article 8 (Scottish disclosure orders) —
a
in paragraph (5), for the words “modification that” to the end, substitute “modifications in paragraph (5A)”; and
b
after paragraph (5), insert —
5A
The modifications are that —
a
in subsection (7), for “An appropriate officer” there is substituted “The Lord Advocate”; and
b
in subsection (9), for “an appropriate officer” there is substituted “the Lord Advocate”.
6
For article 15(4) (modifications of section 352(5) of the Act), substitute —
The modifications are that —
a
for paragraphs (a), (b) and (c), there are substituted —
a
an officer of Revenue and Customs;
b
a constable of a police force in England and Wales;
c
a constable of the Police Service of Northern Ireland; or
d
an accredited financial investigator.
; and
b
in subsection (7), for “paragraph (a) or (c)” substitute “paragraph (d)”.
7
In article 17(1) and (5) (English or Welsh disclosure orders), for “the Director” substitute “an English or Welsh appropriate officer”.
8
In article 18 (Scottish disclosure orders) —
a
In paragraph (5), for the words “modification that” to the end, substitute “modifications in paragraph (5A)”; and
b
after paragraph (5), insert —
5A
The modifications are that —
a
in subsection (7), for “An appropriate officer” there is substituted “The Lord Advocate”; and
b
in subsection (9), for “an appropriate officer” there is substituted “the Lord Advocate”.
9
In article 27 (English or Welsh disclosure orders), for “the Director” in each place those words appear, substitute “an English or Welsh appropriate officer”.
10
In article 28 (Northern Ireland disclosure orders), for “the Director” in each place those words appear, substitute “a Northern Ireland appropriate officer”.
Judith Simpson
Clerk to the Privy Council


text:
Citation
1
This Order may be cited as the Norham St Ceolwulfs CofE Controlled First School (Designation as having a Religious Character) Order 2008.
Designation of School
2
1
The Norham St Ceolwulfs CofE Controlled First School, West Street, Norham-on-Tweed, Berwick-on-Tweed, Northumberland, TD15 2JZ, a voluntary controlled school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
J D Loosley
A Deputy Director in the
Department for Children, Schools and Families
30th June 2008


text:
1
This Order may be cited as the Finance Act 2008, Schedule 38, (Appointed Day) Order 2008.
2
1
The day appointed as the day on which the amendments made by Schedule 38 to the Finance Act 2008 come into force is 1st November 2008.
2
Those amendments shall not come into force for the purposes of Stamp Duty Land Tax.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2008


text:
Citation
1
This Order may be cited as the Pensions Act 2004 (Commencement No. 11) Order 2008.
Appointed days
2
The day appointed for the coming into force of section 273 (resolution of disputes) of the Pensions Act 2004 —
a
for the purpose only of conferring power to make regulations, is 5th March 2008; and
b
for all other purposes, is 6th April 2008.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
4th March 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional Provisions) Order 2008.
2
In this Order “ the Act ” means the Criminal Justice and Immigration Act 2008.
Commencement
2
Subject to articles 3 and 4, the day appointed for the coming into force of the following provisions of the Act is 9 th June 2008 —
a
section 26 (release of certain long-term prisoners under Criminal Justice Act 1991) save insofar as subsection (2) inserts subsections (1C) and (1D) in section 33 of the Criminal Justice Act 1991 ;
b
section 148(1) and (2) (consequential etc. amendments and transitional and saving provision) insofar as they relate to the provisions specified in paragraphs (c) and (d) of this article;
c
the following paragraphs of Schedule 26 (minor and consequential amendments) —
i
9, 12(1) and (3)(b) and 19(1) and (4) (Repatriation of Prisoners Act 1984 );
ii
29(1), (2) and (5) (Criminal Justice Act 1991);
iii
31 and 33(1) to (3) (Crime (Sentences) Act 1997 ); and
iv
40 and 45(a) (Powers of Criminal Courts (Sentencing) Act 2000 ); and
d
paragraphs 8 and 9 of Schedule 27 (transitory, transitional and saving provisions).
Transitional provisions
3
The coming into force of section 26 of the Act is of no effect in relation to —
a
existing prisoners within the meaning of paragraph 8 of Schedule 12 to the Criminal Justice Act 1991;
b
long-term prisoners serving sentences of imprisonment for an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63 of the Terrorism Act 2000 ;
c
long-term prisoners serving sentences of imprisonment for an offence under any of sections 47, 50 and 113 of the Anti-terrorism, Crime and Security Act 2001 ;
d
long-term prisoners serving sentences of imprisonment for an offence under section 12 of the Sexual Offences Act 1956 ;
e
long-term prisoners serving sentences of imprisonment for an offence of aiding, abetting counselling, procuring or inciting the commission of an offence listed in any of paragraphs (b) to (d) of this article; and
f
long-term prisoners serving sentences of imprisonment for an offence of conspiring or attempting to commit an offence listed in any of paragraphs (b) to (d) of this article.
4
The coming into force of paragraph 19(4) of Schedule 26 to the Act is no effect in relation to long-term prisoners serving a sentence for one or more offences committed before 4 th April 2005 by virtue of having been transferred to the United Kingdom pursuant to a warrant under section 1 of the Repatriation of Prisoners Act 1984 where the warrant was issued prior to the commencement of section 26 of the Act.
Signed by the authority of the Secretary of State
Michael Wills
Minister of State
Ministry of Justice
7th June 2008


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Mathematics in respect of the Third and Fourth Key Stages) (England) Order 2008 and comes into force on 1st August 2008.
2
This Order applies in relation to England only.
Interpretation
2
In this Order —
a
“the Key Stage 3 Document” means the document published by the Authority on 30th August 2007 entitled “Mathematics Programme of study: key stage 3”;
b
“the Key Stage 4 Document” means the document published by the Authority on 30th August 2007 entitled “Mathematics Programme of study: key stage 4”;
c
“level 1 of the National Curriculum levels of attainment” is to be interpreted in accordance with the description of performance at level 1 of the attainment targets contained in the booklet published by the Stationery Office entitled “Attainment Targets and Programmes of Study in Mathematics”, ISBN 0113700695; and
d
“special educational needs” is to be interpreted in accordance with section 312 of the Education Act 1996 .
Specification of attainment targets and programmes of study
3
Subject to article 6(2)(b), in relation to any pupil who starts in the third key stage on or after 1st August 2008, it is directed that the provisions relating to attainment targets and the programme of study set out in the Key Stage 3 Document have effect for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Mathematics.
4
In relation to any pupil who starts in the fourth key stage on or after 1st August 2010, it is directed that the provisions relating to attainment targets and the programme of study set out in the Key Stage 4 Document have effect for the purposes of specifying attainment targets and the programme of study for the fourth key stage in relation to Mathematics.
5
For the purposes of this Order, the examples and other passages printed in grey text or within square brackets in the Key Stage 3 and Key Stage 4 Documents (which serve to illustrate the programmes of study described therein or relate to background information) do not form part of the provisions relating to attainment targets and programmes of study referred to in articles 3 and 4.
Revocation and savings
6
1
Subject to paragraph (2), the Education (National Curriculum) (Attainment Targets and Programmes of Study in Mathematics) (England) Order 2000 is revoked in so far as it has effect for the purposes of specifying attainment targets and programmes of study for the third and fourth key stages in relation to Mathematics.
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Mathematics) (England) Order 2000 continues to have effect —
a
in relation to any pupil who started in the third key stage before 1st August 2008, for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Mathematics;
b
in relation to any pupil who starts in the third key stage on or after 1st August 2008, has special educational needs and is working below level 1 of the National Curriculum levels of attainment, for the purposes of specifying attainment targets for the third key stage in relation to Mathematics;
c
in relation to any pupil who starts in the fourth key stage before 1st August 2010, for the purposes of specifying attainment targets and the programme of study for the fourth key stage in relation to Mathematics.
Jim Knight
Minister of State
Department for Children, Schools and Families
3rd July 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Aerodromes (Designation) (Chargeable Air Services) (Amendment) Order 2008 and comes into force on 1st April 2008.
2
In this Order —
“2001 Order” means the Aerodromes (Designation) (Chargeable Air Services) Order 2001 .
Amendment of the 2001 Order
2
The 2001 Order is amended by omitting from the Schedule to that Order “London Heathrow”, “London Gatwick” and “London Stansted”.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
27th February 2008


text:
Citation and commencement
1
These Regulations may be cited as the Crossrail (Fees for Requests for Planning Approval) Regulations 2008, and shall come into force on 10th September 2008.
Interpretation and general provisions as to fee calculation
2
1
In these Regulations:
“ the Act ” means the Crossrail Act 2008, and “the Schedule” means Schedule 7 to the Act;
“additional details request” means a request for approval of additional details where such approval is required pursuant to paragraph 5(2), 6(2), 14(2), 15(2) or 21(2) of the Schedule;
“appeal” means an appeal to the appropriate Ministers pursuant to paragraph 30 of the Schedule;
“approval” means approval under Part 2 or Part 3 of the Schedule;
“authority” means a qualifying authority for the purposes of Schedule 7 ;
“mitigation scheme” means a scheme referred to in paragraph 9(3)(b) or 17(3)(b) of the Schedule;
“request” means a request for approval under the planning permission deemed to be granted by section 10(1) of the Act;
“site restoration scheme” means a scheme referred to in paragraph 8(1) or 23(1) of the Schedule;
“the undertaker” means the nominated undertaker ; and
“working day” means any day which is not a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
2
Where, pursuant to these Regulations, a prescribed fee is calculated by reference to the gross floor space to be created, the area of that space shall be ascertained by external measurement of the floor space, whether or not it is to be bounded (wholly or in part) by external walls of a building.
3
Where, pursuant to these Regulations, a prescribed fee is calculated by reference to a site area, that area shall be taken to consist of the area of land to which the request relates.
4
Where the gross floor space or the site area (as the case may be) is not an exact multiple of the unit of measurement specified, the fraction of unit remaining after division of the total area by the unit of measurement shall be treated as a complete unit.
5
Where approval is sought in a single document for:
a
the plans and specifications of more than one operation or work;
b
arrangements for more than one matter;
c
more than one mitigation scheme or site restoration scheme;
d
the bringing into use of more than one work referred to in paragraph 9(2) or 17(2) of the Schedule; or
e
additional details in more than one respect -
the total of the fees payable shall be calculated by adding together the fees payable in respect of each item, whether or not the document treats each item as a separate request.
the total of the fees payable shall be calculated by adding together the fees payable in respect of each item, whether or not the document treats each item as a separate request.
6
Any notice or notification to be given pursuant to these Regulations shall be in writing.
Fees for requests
3
Where the undertaker makes a request to an authority, it shall, subject to the exceptions set out in Schedule 1, pay a fee to that authority in accordance with these Regulations.
Fees payable to an authority
4
The fee payable to an authority in respect of a request shall be the amount specified in the appropriate category in the table set out in Schedule 2.
General provisions concerning fee payment
5
1
Any fee paid pursuant to these Regulations shall be refunded if the request is rejected as invalidly made.
2
Where a fee due in respect of a request has been paid by a cheque which is subsequently dishonoured, the appropriate period for the purposes of paragraph 30(3) of the Schedule shall be calculated without regard to any time between the date when the authority dispatches to the undertaker notice of the dishonouring of the cheque and the date on which the authority is satisfied that it has received the full amount of the fee.
Termination of request on non-payment of fee
6
1
Where-
a
the prescribed fee is not paid to the authority within a period of 6 weeks beginning with the date of its receipt of the request; and
b
the undertaker has not, within that period, notified the authority that it disputes the amount of the fee payable pursuant to these Regulations or that it claims an exception set out in Schedule 1 is applicable-
the authority may treat the request as terminated.
2
Where the authority decides to treat an application as terminated pursuant to paragraph (1), it shall, before the expiry of the appropriate period for the purposes of paragraph 30(3) of the Schedule, give notice of its decision to the undertaker.
3
For the purposes of this regulation and of regulation 7:
a
a fee or the balance of a fee is paid when a cheque is tendered to the authority in payment of it, except where the cheque is dishonoured; and
b
where a cheque is dishonoured, the fee or balance of the fee is paid when the authority is satisfied that it has received the full amount of the fee or balance.
Resolution of Disputes
7
1
Where paragraph 30(3) of the Schedule applies and, on making an appeal to the appropriate Ministers, the undertaker notifies them that there is a dispute with the authority as to:
a
the amount of the fee payable pursuant to these Regulations; or
b
whether any exception set out in Schedule 1 is applicable the appropriate Minister may determine that issue prior to their consideration of the appeal.
2
Where:
a
the appropriate Ministers have determined that issue;
b
they have notified the undertaker and the authority of the prescribed fee; and
c
that fee is a sum larger than that already paid to the authority, or no fee has been paid to the authority –
the undertaker shall, within a period of 3 working days beginning with the date of the undertaker’s receipt of such notification, pay to the authority the prescribed fee, or the balance of that fee, as the case may be.
3
Where the undertaker does not pay the prescribed fee or the balance of that fee, as the case may be, within the period mentioned in paragraph (2), the authority shall, within a period of 10 working days beginning with the date of its receipt of the appropriate Ministers’ notification under paragraph (2)(b), decide whether or not to treat the request as terminated.
4
Where:
a
the authority, pursuant to paragraph (3), decides not to treat the request as terminated;
b
the cheque tendered in payment of the balance of the fee is dishonoured; and
c
notice of the dishonour had not been received by the authority prior to its decision –
the authority may, within a period of 7 working days beginning with the date of its receipt of the notice of dishonour, decide to treat the request as terminated.
5
Where an authority makes a decision pursuant to paragraph (3) or (4), it shall, within a period of 7 working days beginning with the date of the decision, give to the appropriate Ministers and to the undertaker notice of its decision.
6
Where the authority has decided to treat a request as terminated pursuant to paragraph (3) or (4), the date of termination of the request shall be the date of receipt by the appropriate Ministers of the notice mentioned in paragraph (5), and on and after that date, the appeal shall be treated for all purposes as terminated.
Signed by authority of the Secretary of State for communities and Local Government
Caroline Flint
Minister of State
Department for Communities and Local Government
11th August 2008
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Undersecretary of State
Department for Transport
14th August 2008


text:
Citation and commencement
1
This Order may be cited as the UK Borders Act 2007 (Code of Practice on Children) Order 2008 and shall come into force on 6 th January 2009.
Entry into force of code of practice
2
The Code of Practice for Keeping Children Safe from Harm issued by the Secretary of State for the Home Department shall come into force on 6 th January 2009.
Phil Woolas
Minister of State
Home Office
5th December 2008


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Public Service Vehicles (Registration of Local Services) (Amendment) (England and Wales) Regulations 2008 and shall come into force on 1st August 2008.
2
These regulations extend to England and Wales .
Amendment of the principal Regulations
2
— The Public Service Vehicles (Registration of Local Services) Regulations 1986 are amended as follows.
1
In regulation 12(1)(b), for “£54” substitute “£57”; and
2
In regulation 12(2)(b), for “£54” substitute “£57”.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under-Secretary of State
Department for Transport
5th June 2008


text:
In accordance with paragraph 6 of that Schedule the Secretary of State has consulted with —
a
the Metropolitan Police Authority,
b
the Association of Police Authorities,
c
the Greater London Authority,
d
persons whom he considers to represent the interests of London Boroughs,
e
such other persons as he thought fit.
PART 1 General Provisions
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Metropolitan Police Authority Regulations 2008 and subject to paragraph (2) shall come into force on 1st April 2008.
2
These Regulations shall apply only in respect of appointments of members of the Metropolitan Police Authority that take effect on or after 1st October 2008 .
2
In these Regulations —
“the Mayor” means the Mayor of London,
“the 1994 Regulations ” means the Police Authorities (Selection Panel) Regulations 1994 ,
“the 1996 Act ” means the Police Act 1996,
3
These Regulations extend to England and Wales.
Transitional provisions
4
1
A person appointed under current paragraph 2 (appointment of Metropolitan Police Authority members by the Mayor) of Schedule 2A to the 1996 Act whose term of office under that Schedule expires on or after 1st October 2008 shall be treated as a person appointed under regulation 6 until the expiry of that term.
2
A person appointed under current paragraph 3 (appointment of independent members of the Metropolitan Police Authority) of Schedule 2A to the 1996 Act whose term of office under that Schedule expires on or after 1st October 2008 shall be treated as a person appointed under regulation 7 until the expiry of that term.
3
A term of office of a person appointed under current paragraph 3 of Schedule 2A to the 1996 Act shall be treated as a term of office of a person appointed under regulation 7 for the purposes of regulation 18(2).
4
A person appointed under current paragraph 1(2)(a) of Schedule 3 (Police authorities: selection of independent members) to the 1996 Act shall be treated as persons appointed under regulation 30(b) until the expiry of their term of office under that Schedule.
5
The record maintained by a selection panel under regulation 7 (record maintained by the panel) of the 1994 Regulations of persons who have applied to be considered for appointment as a member of the Metropolitan Police Authority shall be treated as a record maintained under regulation 43 of these Regulations.
PART 2 Members of the Metropolitan Police Authority
Number of Members of the Metropolitan Police Authority
5
Where, by virtue of section 5C of the 1996 Act (membership of the Metropolitan Police Authority), the Metropolitan Police Authority is to consist of twenty-three members —
a
twelve of those members shall be members of the London Assembly appointed under regulation 6, and
b
eleven shall be persons appointed under regulation 7.
Appointment of members from the London Assembly
6
1
The members referred to in regulation 5(a) shall be appointed by the Mayor.
2
The Mayor shall exercise his power to appoint members of the Metropolitan Police Authority under paragraph (1) so as to ensure that, so far as practicable, in the case of the members for whose appointment he is responsible, the proportion who are members of any given party is the same as the proportion of the members of the London Assembly who are members of that party.
3
One of the members appointed by the Mayor under paragraph (1) may be the Mayor himself.
Appointment of independent members
7
1
Ten of the members referred to in regulation 5(b) shall be appointed —
a
by the existing members of the Metropolitan Police Authority,
b
from among persons on a short-list prepared by a selection panel in accordance with Part 3 of these Regulations.
2
Where an existing member of the Metropolitan Police Authority is on the short-list referred to in paragraph (1)(b) that person shall not be entitled to play any role in the appointment of persons from that short-list and shall not be considered to be an existing member of the Metropolitan Police Authority for the purposes of paragraph (1)(a).
3
One of the members referred to in regulation 5(b) shall be appointed by the Secretary of State.
8
1
The Metropolitan Police Authority shall arrange for a notice stating —
a
the name of each of its members appointed under regulations 6 and 7,
b
such other information relating to each of such members as the Metropolitan Police Authority considers appropriate,
to be published in such manner as appears to it to be appropriate.
2
The Metropolitan Police Authority shall send to the Secretary of State a copy of any notice which it has arranged to be published under paragraph (1).
9
At least one of the members referred to in regulation 5(b) shall be a lay justice for an area all or part of which constitutes or forms part of the metropolitan police district.
Chairman and Vice-Chairman
10
1
If the Mayor is a member of the Metropolitan Police Authority, he is to be chairman.
2
If the Mayor is not a member of the Metropolitan Police Authority he shall before each annual meeting appoint a chairman from among its members.
3
On a casual vacancy occurring in the office of chairman, an appointment to fill the vacancy shall be made by the Mayor —
a
before the next meeting of the Metropolitan Police Authority (other than an extraordinary meeting), or
b
if that meeting is held within fourteen days after the date on which the vacancy occurs and is not an annual meeting, not later than the next following meeting.
11
1
Before an annual meeting of the Metropolitan Police Authority the Mayor may appoint one or more vice-chairmen from among the members of the Metropolitan Police Authority.
2
Where a vice-chairman ceases to hold office at any time between annual meetings, the Mayor may make an appointment to fill the vacancy at any meeting of the Metropolitan Police Authority held more than fourteen days after the occurrence of the vacancy.
3
Subject to any standing orders made by the Metropolitan Police Authority, anything authorised or required to be done by, to or before its chairman may be done by, to or before any vice-chairman of the Metropolitan Police Authority.
Disqualification
12
1
Subject to sub-paragraphs (3) and (4), a person shall be disqualified from being appointed as or being a member of the Metropolitan Police Authority if —
a
he holds any paid office or employment appointments to which are or may be made or confirmed by the Metropolitan Police Authority or any committee or sub-committee of the Metropolitan Police Authority, or by a joint committee on which the Metropolitan Police Authority is represented, or by any person holding any such office or employment;
b
a bankruptcy order has been made against him or his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors;
c
he is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 , to a disqualification order under Part II of the Companies (Northern Ireland) Order 1989 , to a disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order); or
d
he has within five years before the date of his appointment or since his appointment been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence, and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months.
2
A paid employee of the Metropolitan Police Authority who is employed under the direction of a joint board, joint authority or joint committee on which the Metropolitan Police Authority is represented and any member of which is appointed on the nomination of some other police authority shall be disqualified from being appointed as or being a member of the Metropolitan Police Authority.
3
Where a person is disqualified under paragraph (1)(b) by reason that a bankruptcy order has been made against him or his estate has been sequestrated, the disqualification shall cease —
a
unless the bankruptcy order is previously annulled or the sequestration of his estate is recalled or reduced, on his obtaining a discharge; and
b
if the bankruptcy order is annulled or the sequestration of his estate is recalled or reduced, on the date of that event.
4
Where a person is disqualified under paragraph (1)(b) by reason of his having made a composition or arrangement with, or granted a trust deed for, his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed, and in any other case it shall cease at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or trust deed are fulfilled.
5
For the purposes of paragraph (1)(d), the date of a conviction shall be taken to be the ordinary date on which the period allowed for making an appeal or application expires or, if an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution.
13
1
A person shall be disqualified from being appointed as a member of the Metropolitan Police Authority under regulation 7 if —
a
he has not yet attained the age of eighteen years, or
b
neither his principal or only place of work, nor his principal or only place of residence, has been in the metropolitan police district during the whole of the period of twelve months ending with the day of appointment.
2
A person shall be disqualified from being a member so appointed if, at any time, neither his principal or only place of work, nor his principal or only place of residence, is within that district.
14
1
A person shall be disqualified from being appointed as a member of the Metropolitan Police Authority under regulation 7, and from being a member so appointed, if he is —
a
a member of a London borough council;
b
the Mayor of London;
c
a member of the London Assembly;
d
a member of a police force;
e
an officer or employee of a police authority; or
f
an officer or employee of the Greater London Authority or of a London borough council.
2
A person shall not be regarded for the purposes of paragraph (1)(f) as an employee of a London borough council by reason of his holding —
a
the post of head teacher or principal of a school, college or other educational institution or establishment which is maintained or assisted by a local education authority; or
b
any other post as a teacher or lecturer in any such school, college, institution or establishment.
15
1
A member of the selection panel for the Metropolitan Police Authority established under Part 3 of these Regulations shall be disqualified from being appointed as a member of a Metropolitan Police Authority under regulation 7, but a member so appointed may subsequently be appointed as a member of a selection panel under regulation 30.
2
Regulations 12 and 13 do not apply to the Mayor.
Tenure of office
16
A member shall hold and vacate office as a member of the Metropolitan Police Authority in accordance with the terms of his appointment and these Regulations.
17
1
A person appointed under regulation 6 shall hold office as a member of the Metropolitan Police Authority for —
a
a term of four years, or
b
such shorter term as the Mayor appointing him may determine in any particular case, subject to the consent of the Secretary of State.
2
A person appointed under regulation 7 shall hold office as a member of the Metropolitan Police Authority for —
a
a term of four years, or
b
such shorter term as the members of the Metropolitan Police Authority appointing him may determine in any particular case, subject to the consent of the Secretary of State.
18
1
Subject to paragraph (2) a person who ceases to be a member, otherwise than by virtue of regulation 22, or ceases to be chairman, may (if otherwise eligible) be re-appointed whether at the expiry of his term or subsequently.
2
Members of the Metropolitan Police Authority referred to in regulation 5(b) shall not —
a
be appointed to serve more than two terms of office without the approval of the Secretary of State;
b
be appointed to serve a further term of office until four years after the expiry of the previous term, other than when appointed to serve a further term of office on the expiry of the previous term; and
c
be appointed to serve a further term unless the selection panel established under Part 3 of these Regulations is satisfied with their performance as a member during their previous term.
19
A person may at any time resign his office as a member, or as chairman or vice –chairman, by notice in writing to the Metropolitan Police Authority.
20
1
Where the Mayor is appointed to be a member of the Metropolitan Police Authority under regulation 6 he shall cease to be a member of the Metropolitan Police Authority if he ceases to be Mayor and does not on the same day again become Mayor.
2
A member of the London Assembly appointed to be a member of the Metropolitan Police Authority under regulation 6 shall cease to be a member of the Metropolitan Police Authority if he ceases to be a member of the London Assembly and does not on the same day again become a member of the London Assembly.
21
The Mayor may remove from office a member of the Metropolitan Police Authority appointed by him under regulation 6 with a view to appointing another in his place if it considers that to do so would further the objective provided for by regulation 6(2).
22
The Metropolitan Police Authority may remove a member from office by notice in writing if —
a
he has been absent from meetings of the Metropolitan Police Authority for a period longer than three consecutive months without the consent of the Metropolitan Police Authority,
b
he has been convicted of a criminal offence (but is not disqualified from being a member under regulation 12),
c
the Metropolitan Police Authority is satisfied that the member is incapacitated by physical or mental illness, or
d
the Metropolitan Police Authority is satisfied that the member is otherwise unable or unfit to discharge his functions as a member.
23
Where the police Metropolitan Police Authority removes a member under regulation 22, it shall give notice of that fact —
a
in the case of a member appointed under regulation 6, to the Mayor, and
b
in the case of a member appointed under regulation 7, to the Secretary of State.
24
If a chairman or vice-chairman of the Metropolitan Police Authority ceases to be a member, he shall also cease to be chairman or vice-chairman.
Validity of acts
25
The acts and proceedings of any person appointed to be a member, chairman or vice-chairman of the Metropolitan Police Authority and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.
26
The proceedings of the Metropolitan Police Authority shall not be invalidated by a vacancy in the membership of the Metropolitan Police Authority or in the office of chairman or vice-chairman or by any defect in the appointment of a person as a member or as chairman or vice-chairman.
Allowances
27
1
Subject to paragraphs (2) to (4), the Metropolitan Police Authority may make to its chairman, vice-chairman and other members such payments by way of reimbursement of expenses and allowances as the Metropolitan Police Authority may determine.
2
No payment shall be made under this paragraph except in accordance with arrangements published by the Metropolitan Police Authority not more than twelve months before the making of the payment.
3
The Metropolitan Police Authority may from time to time revise any arrangements made for the purposes of this paragraph; but no revisions shall take effect until published by the Metropolitan Police Authority.
4
Payments made under this paragraph may differ according to whether the recipient is the chairman, a vice-chairman or other member or is appointed under regulation 6 or 7.
Members of standards committees
28
Regulation 27 shall have effect as if references to members of the Metropolitan Police Authority included references to persons who are not members of the Metropolitan Police Authority but are members of the Metropolitan Police Authority standards committee; and the power to make different payments according to the recipient shall include power to make different payments to persons who are not members of the Metropolitan Police Authority but are members of the Metropolitan Police Authority standards committee.
PART 3 Selection of members
Selection Panels
29
There shall be a selection panel for the Metropolitan Police Authority.
30
The selection panel shall consist of five members,
a
two of whom shall be appointed by the members of the Metropolitan Police Authority;
b
one of whom shall be appointed by the Secretary of State;
c
one of whom shall be appointed by the Mayor; and
d
one of whom shall be appointed by the members of the selection panel appointed under sub-paragraphs (a), (b) and (c) from a list of candidates prepared by the Secretary of State.
31
1
A person shall be disqualified from being appointed as or being a member of the selection panel if, by virtue of regulations 12, 13(1)(a) or 14(d), (e) and (f), he is disqualified —
a
from being appointed under regulation 7 as a member of the Metropolitan Police Authority, or
b
from being a member so appointed.
2
A person shall be disqualified from being appointed as or being a member of the selection panel under regulation 30(a) if, by virtue of regulation 13(1)(b) and (2) he is disqualified —
a
from being appointed under regulation 6 as a member of the Metropolitan Police Authority, or
b
from being a member so appointed.
3
A person shall be disqualified from being appointed as or being members of the selection panel under regulation 30(b), (c) or (d) if they are a member of the Metropolitan Police Authority,
32
1
Subject to paragraph (2) a person referred to in regulation 30(a) shall be appointed to hold office as a member of the selection panel for —
a
a term of five years, or
b
where that person is a member of the Metropolitan Police Authority and where the Metropolitan Police Authority considers it appropriate, for a term that expires on the same day as that on which that person’s term as a member of the Metropolitan Police Authority expires under regulation 17.
2
A person referred to in regulation 30(a) shall hold office for no more than ten years.
3
A person referred to in regulation 30(b), (c) or (d) shall be appointed to hold office as a member of the selection panel for a term of five years and shall hold office for no more than two such terms.
4
A person may at any time resign his office as a member of the selection panel by notice in writing to the person who under regulation 30 would be required to appoint his successor.
5
A person shall not cease to be a member of the Metropolitan Police Authority by reason only that any of the persons appointing him cease to hold the position by virtue of which they appointed him.
33
1
A member of the selection panel may be removed from office by notice in writing by the Metropolitan Police Authority if —
a
the member has been absent from two consecutive meetings of the selection panel without the consent of the panel;
b
the member has been convicted of a criminal offence (but is not disqualified from being a member under section 31);
c
the members of the Metropolitan Police Authority are satisfied that the member is incapacitated by physical or mental illness; or
d
the members of the Metropolitan Police Authority are satisfied that the member is otherwise unable or unfit to discharge his functions as a member.
2
When the member of the selection panel to be removed under paragraph (1) is the person referred to in regulation 30(b) that person may only be removed with the consent of the Secretary of State.
34
A person who ceases to be a member of the selection panel, otherwise than by virtue of regulation 33, may (if otherwise eligible) be re-appointed.
35
1
The acts and proceedings of any person appointed to be a member of the selection panel and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.
2
The proceedings of the selection panel shall not be invalidated by —
a
a vacancy in the membership of the panel, or
b
a defect in the appointment of a person as a member.
36
1
The Metropolitan Police Authority shall make to members of the selection panel such payments by way of reimbursement or expenses and allowances as it may determine.
2
The Metropolitan Police Authority shall —
a
provide the selection panel with such accommodation, and such secretarial and other assistance, as they may reasonably require, and
b
meet any expenses incurred by the panel in the exercise of their functions.
Functions of selection panel – short-listing
37
1
Where appointments to the Metropolitan Police Authority are to be made under regulation 7 the selection panel shall nominate persons willing to be candidates for appointment.
2
Unless there are only a smaller number of persons willing to be candidates who are not disqualified from being members, the number of persons to be nominated by the selection panel under this regulation on any occasion shall be a number twice the number of appointments to be made under regulation 7.
3
Unless there are only a smaller number of lay justices willing to be candidates who are not disqualified from being members, where by virtue of regulation 9 the appointments to be made under regulation 7 must include the appointment of a person who is a lay justice then the persons to be nominated by the selection panel under this regulation on any occasion shall include two persons who are a lay justice.
4
A person shall not be nominated under this regulation if, by virtue of regulation 12, 13 or 14 he is disqualified from being appointed as a member of the Metropolitan Police Authority under regulation 7.
5
The persons nominated under this regulation shall form the short-list of persons for the purposes of regulation 7.
38
In exercising their functions the selection panel shall have regard to the desirability of ensuring that, so far as reasonably practicable, they persons nominated by them under regulation 37 —
a
represent the interests of a wide range of people within the community of the metropolitan police district; and
b
include persons with skills, knowledge or experience which are under represented among the existing members of the Metropolitan Police Authority.
Notifications by Chief Executive
39
1
Not less than four months before the term of office of a Metropolitan Police Authority member appointed under regulation 7 is due to expire, the chief executive of the Metropolitan Police Authority shall notify the members of the selection panel of this fact.
2
Not less than four months before the term of office of a Metropolitan Police Authority member is due to expire, the chief executive of the Metropolitan Police Authority shall notify the Secretary of State if the chief executive considers that the member may be reappointed and that reappointment would require the consent of the Secretary of State under regulation 18(2)(a).
3
Where a person appointed under regulation 7 ceases to be a Metropolitan Police Authority member otherwise than on the expiry of his term of office, the chief executive of the Metropolitan Police Authority shall notify the members of the selection panel of this fact.
Requirement to advertise
40
1
Subject to paragraph (4), where the selection panel are required to nominate persons willing to be candidates to be appointed as Metropolitan Police Authority members under regulation 7, they shall publish in at least two newspapers circulating in the metropolitan police district a notice stating the matters referred to in paragraph (2).
2
The matters to be included in a notice published under paragraph (1) are —
a
the name of the Metropolitan Police Authority and metropolitan police district;
b
that a vacancy exists, or will exist, amongst those members of the Metropolitan Police Authority to which members of the public are eligible for appointment;
c
the matters the panel has to have regard to under regulation 38 and the functions of the Metropolitan Police Authority to promote equality and diversity ;
d
that the persons the panel must nominate must include persons with skills, knowledge or experience which are under represented among the existing members of the Metropolitan Police Authority;
e
that the duties in connection with the vacancy include —
i
attendance at meetings of the Metropolitan Police Authority and its committees;
ii
keeping abreast of developments in both local and national policing;
iii
representing the Metropolitan Police Authority in discussions with interested parties;
iv
attendance at local police consultative groups; and
v
liaising with representatives of the local community on policing issues;
f
that persons are only eligible for appointment if they —
i
are aged over eighteen;
ii
live or work in the metropolitan police district at the time of their appointment;
iii
have lived or worked in that district for at least the whole of the period of twelve months prior to their appointment, and
iv
are not otherwise disqualified;
g
that, if a person wishes to have his name put forward, he must apply to the panel for an application form; and
h
the date, not being less than one month after the date when the notice is published, by which the application form must be completed and returned to the panel if it is to be considered by them in connection with a particular vacancy.
3
Where the person the panel are required to nominate must be a lay justice in accordance with regulation 37(3) then the notice published under paragraph (1) shall indicate that fact.
4
This regulation shall not apply where —
a
the condition specified in paragraph (5) is satisfied, and
b
the panel have decided to exercise the discretion conferred on them by regulation 44(1), and
c
on completion of the procedure required by regulation 44(2), the panel have the names of a sufficient number of persons willing to be nominated as candidates for appointment under regulation 7 as Metropolitan Police Authority members.
5
The condition referred to in paragraph (4)(a) is that, at the date when the vacancy occurred or, as the case may be, is expected to occur, less than two years have passed since the date of the publication of the last notice previously published in accordance with paragraph (1).
6
In paragraph (4)(c) above “sufficient number” means twice the number of appointments that are to be made under regulation 7.
Applications to be considered for appointment to the Metropolitan Police Authority
41
1
A member of the public who wishes to be considered for appointment as a Metropolitan Police Authority member shall submit an application to the selection panel setting out —
a
his name and address;
b
his age;
c
his current occupation, if any, and any positions held by him up to ten years before the date of the application;
d
his relevant skills, experience and his academic, professional and vocational qualifications, if any, and
e
the reasons why he wishes to be so considered.
2
The selection panel shall supply free of charge to any person not known to be disqualified for membership a form for the purposes of an application under paragraph (1) above.
3
Together with a form supplied under paragraph (2) above there shall be supplied information about the office of Metropolitan Police Authority member including a statement setting out regulations 12, 13 and 14.
Consideration of applications by selection panel
42
1
The selection panel shall consider any application for appointment as a Metropolitan Police Authority member which has been made under regulation 41 for the purpose of producing a short-list under regulation 37.
2
Where an application has been received at a time when no appointment under regulation 7 is required to be made, the selection panel may delay considering it until such time as the panel are required to nominate persons willing to be so appointed.
3
Subject to paragraph (5), the selection panel may only consider applications under paragraph (1) and may only nominate persons under regulation 44 if all of their members are present.
4
A decision of the selection panel to nominate a person under regulation 44 may be taken by a majority of its members.
5
The selection panel may act if four of their members are present if —
a
not less than one week’s notice was given of the meeting in question;
b
the member of the panel who is not present has died; or
c
the member of the panel who is not present has previously consented in writing to the other members acting in his absence.
Record maintained by selection panel
43
1
The members of the selection panel shall maintain a record of the persons who have applied to be considered for appointment as Metropolitan Police Authority members under regulation 7.
2
The record maintained under this regulation shall state —
a
the name and address of every applicant together with his age;
b
such details about the application as the members of the selection panel consider appropriate; and
c
in the case of a person who is disqualified for being appointed as a Metropolitan Police Authority member under regulation 7, the grounds of the disqualification.
3
An entry in the register maintained under this regulation may be deleted on the expiry of four years from the date when it was made.
Nominations by selection panel from name listed in record
44
1
Where —
a
the selection panel are required to nominate persons willing to be candidates to be appointed as Metropolitan Police Authority members, and
b
the condition in regulation 40(5) is satisfied,
the selection panel may consider the names of the persons previously listed in the record maintained under regulation 43, with a view to nominating persons included in that record without complying with regulation 40(1).
2
Where the selection panel propose to nominate the name of any such person they shall give that person a notice —
a
stating their proposal, and
b
requiring him to reply not later than three weeks after the date of that notice stating whether he continues to be willing to be nominated to be a candidate for appointment as Metropolitan Police Authority member.
Tony McNulty
Minister of State
Home Office
6th March 2008


text:
Citation, commencement and effect
1
1
This Order may be cited as the Insurance Companies (Taxation of Insurance Special Purpose Vehicles) Order 2008 and comes into force on 12th August 2008.
2
This Order has effect in relation to periods of account beginning on or after 1st January 2008 and ending on or after 22nd July 2008.
3
But, subject to paragraph (4), articles 2 and 3(2) and (3) have effect only in relation to transfers of business taking place on or after 1st July 2008.
4
Paragraph (3) does not apply to article 3(2) in relation to the new paragraphs 8C (modification of section 444ABD (transferor’s period of account including transfer)) and 8E (modification of section 444AE (transfers of business: FAFTS)) inserted by that article into Schedule 19ABA to the Income and Corporation Taxes Act 1988 (modifications of life assurance provisions of the Corporation Tax Acts in relation to BLAGAB group reinsurers) ).
Insurance special purpose vehicles
2
1
Amend section 444AB of the Income and Corporation Taxes Act 1988 (transfer schemes transferring whole of business: transferor) as follows.
2
In subsection (2) —
a
in paragraph (a) after “insurance company” insert “or an insurance special purpose vehicle”, and
b
in paragraph (b) after “is not an insurance company” insert “, an insurance special purpose vehicle”.
3
After subsection (7) insert —
8
For the purpose of paragraph (2)(a), in relation to an insurance special purpose vehicle which is not an insurance company, “long-term insurance fund” has the meaning it has in paragraph 4(5) of Schedule 19ABA.
.
BLAGAB group reinsurers
3
1
Amend Schedule 19ABA to the Income and Corporation Taxes Act 1988 (modifications of life assurance provisions of the Corporation Tax Acts in relation to BLAGAB group reinsurers) as follows.
2
For paragraph 8 (modification of section 444AA (transfers of business: deemed periodic return)) substitute —
8
In section 444AA (transfers of business: deemed periodical returns) in subsection (5) for paragraphs (a) and (b) substitute —
a
in respect of the amount of the relevant long-term business provisions immediately before the transfer, and
b
in respect of the value, immediately before the transfer, of the assets transferred.
.
3
After paragraph 8 insert —
Modification of section 444ABA (relevant non-transferred assets)
8A
In section 444ABA (relevant non-transferred assets) in subsection (1) for the definition of BTO substitute —
BTO is the lesser of VA and APL, where —
VA is the value of the assets transferred by the insurance business transfer scheme shown (or treated as shown) in the periodical return of the transferor for the period of account of the transferor including the transfer date, and
APL is the amount of the profit or loss for the financial year shown in the balance sheet in the periodical return for the last period of account of the transferor ending before the transfer date, together with —
in the case of IAD accounts, the amount of profit or loss shown as being brought forward in that balance sheet, and
in the case of IAS accounts, the amount of retained earnings shown as being brought forward in that balance sheet.
.
Modification of section 444ABB (retained assets)
8B
1
Modify section 444ABB (retained assets) as follows.
2
In subsection (1) —
a
for “RL13” (in both places) substitute “RL”, and
b
in the definition of RL13 for “AL13” substitute “APL”.
3
In subsection (1A) for paragraphs (a) to (c) substitute —
a
APL is the amount of the profit or loss for the financial year shown in the balance sheet in the periodical return for the last period of account of the transferor ending before the transfer date, together with —
i
in the case of IAD accounts, the amount of profit or loss shown as brought forward in that balance sheet, and
ii
in the case of IAS accounts, the amount of retained earnings shown as brought forward in that balance sheet;
b
VE is the amount (if any) by which VA exceeds VTL where —
i
VA is the value of the assets transferred by the insurance business transfer scheme shown (or treated as shown) in the periodical return of the transferor for the period of account of the transferor including the transfer date, and
ii
VTL is the value of the liabilities transferred by the insurance business transfer scheme (but excluding those which arise from deposit back arrangements); and
c
relevant retained liabilities are any liabilities of the company’s long-term business which are owed by the company immediately after the transfer date and are shown (or treated as shown) —
i
at items C3 (net of reinsurance) and G in IAD accounts, or
ii
at equivalent items in the balance sheet in IAS accounts.
.
Modification of section 444ABD (transferor’s period of account including transfer)
8C
1
Modify section 444ABD (transferor’s period of account including transfer) as follows.
2
In subsection (1) for paragraphs (a) and (b) substitute —
a
the value of the liabilities transferred by the insurance business transfer scheme (but excluding those which arise from deposit back arrangements), exceeds
b
the value, immediately before the transfer, of the assets transferred by the insurance business transfer scheme,
.
3
In subsection (1E) for “amount” (in the first place) substitute “value”.
Modification of section 444AC (transfer schemes: reduction of income of transferee)
8D
1
Modify section 444AC (transfer schemes: reduction of income of transferee) as follows.
2
In subsection (4) for the words from “lesser of” to the end substitute —
the amount of the profit or loss for the financial year shown in the balance sheet in the periodical return for the last period of account of the transferor ending before the transfer date, together with —
a
in the case of IAD accounts, the amount of profit or loss shown as being brought forward in that balance sheet, and
b
in the case of IAS accounts, the amount of retained earnings shown as being brought forward in that balance sheet.
.
3
Omit subsection (5).
Modification of section 444AE (transfers of business: FAFTS)
8E
1
In a case where the transferor or the transferee is a BLAGAB group reinsurer (or both are), omit section 444AE (transfers of business: FAFTS) .
Modification of section 444AEA (transfer schemes: anti-avoidance rule)
8F
In section 444AEA (transfer schemes: anti-avoidance rule) , in subsection (6), in the definition of “surplus-increasing transfer of assets”, for “increases the amount of total surplus shown in line 39 of Form 58” substitute “gives rise to an amount that increases the profits or reduces the losses shown”.
.
4
After paragraph 20 (modification of section 83YB (meaning of “appropriate line 51” amount for purposes of section 83YA) insert —
Modification of section 83YC to 83YF (financing-arrangement-funded transfers)
20A
Omit sections 83YC to 83YF (financing-arrangement-funded transfers) .
.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2008


text:
1
This Order may be cited as the A27 Trunk Road (Southerham to Beddingham Improvement) (Banned Turns) Order 2008 and shall come into force on 10th November 2008.
2
In this Order:
“the trunk road” means the A27 Trunk Road between Southerham roundabout and east of Beddingham roundabout, south east of Lewes in the County of East Sussex; and
“the eastbound carriageway” and “the westbound carriageway” mean, respectively, the eastbound lane and the two westbound lanes of the trunk road.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle —
a
to turn right from the trunk road into Southerham Lane, the Travellers Site operated by East Sussex County Council, either of the entrances to Coriecollies Kennels, the access to the farm underpass west of Beddingham Railbridge, the Agricultural Access east of Beddingham Railbridge, Field OS No. 4512 north of the trunk road east of Beddingham roundabout, and the western access to Comps Farm Lane east of Beddingham Roundabout;
b
to turn right having entered the trunk road from Southerham Lane, the Travellers Site operated by East Sussex County Council, either of the entrances to Coriecollies Kennels, Ranscombe Lane, the access to the farm underpass west of Beddingham Railbridge, from Field OS No. 4512 north of the trunk road east of Beddingham roundabout, and from both the eastern and western access from Comps Farm Lane east of Beddingham Roundabout;
c
to turn left from the trunk road into the access to the farm underpass west of Beddingham Railbridge;
d
to enter the trunk road in either a westerly or easterly direction from the access to the Agricultural Access east of Beddingham Railbridge; or
e
to U-turn from the westbound carriageway to the eastbound carriageway and from the eastbound carriageway to the westbound carriageway at either end of the islands that lie opposite to Southerham Lane, the Travellers Site operated by East Sussex County Council, Coriecollies Kennels and Ranscombe Lane.
4
The provisions of article 3 above shall not apply to —
a
a vehicle being used for police, ambulance, fire and rescue authority, incident control or traffic management purposes; or
b
anything done at the direction of, or with the permission of, a police officer or a traffic officer in uniform.
Signed by authority of the Secretary of State for Transport
John Martin
Senior Project Manager
Highways Agency
27th October 2008