text:
Citation, commencement and interpretation
1
1
These regulations may be cited as the Blood Safety and Quality (Fees Amendment) Regulations 2008 and shall come into force on 1 st April 2008.
2
In these Regulations “the principal Regulations ” means the Blood Safety and Quality Regulations 2005 .
Amendment of regulation 22 of the principal Regulations
2
1
Regulation 22 of the principal Regulations is amended as follows.
2
In paragraph (2) —
a
in sub-paragraph (a), for “£2,688” substitute “£2,927”;
b
in sub-paragraph (b), for “£449” substitute “£493”;
c
in sub-paragraph (c), for “£387” substitute “£440”.
3
In paragraph (2A), in sub-paragraph (b) for “£432” substitute “£468”.
4
In paragraph (3), for sub-paragraphs (a) – (f) substitute the following sub-paragraphs —
a
for an inspection where the time taken to carry out the inspection at the site is not more than 7 hours, the sum of £2,452; and
b
for an inspection where the time taken to carry out the inspection at the site is more than 7 hours, the sum in sub-paragraph (a) and thereafter at the rate of £1,226, for each additional period of 3 hours and 30 minutes or less taken to make the inspection.
.
5
In paragraph (3A), for “£600” substitute “£650”.
6
In paragraph (3C), in sub-paragraph (c), for “£432” substitute “£468”.
7
In paragraph (5), for sub-paragraphs (a) – (c) substitute the following sub-paragraphs —
a
for an inspection where the time taken to carry out the inspection at the site is not more than 7 hours, the sum of £2,452; and
b
for an inspection where the time taken to carry out the inspection at the site is more than 7 hours, the sum in sub-paragraph (a) and thereafter at the rate of £1,226, for each additional period of 3 hours and 30 minutes or less taken to make the inspection.
.
8
In paragraph (5B), for sub-paragraphs (a) – (c) substitute the following sub-paragraphs —
a
for an inspection where the time taken to carry out the inspection at the site is not more than 7 hours, the sum of £2,452; and
b
for an inspection where the time taken to carry out the inspection at the site is more than 7 hours, the sum in sub-paragraph (a) and thereafter at the rate of £1,226, for each additional period of 3 hours and 30 minutes or less taken to make the inspection.
.
9
In paragraph (5C), for sub-paragraph (a) – (c) substitute the following sub-paragraphs —
a
for an inspection where the time taken to carry out the inspection at the site is not more than 7 hours, the sum of £2,452; and
b
for an inspection where the time taken to carry out the inspection at the site is more than 7 hours, the sum in sub-paragraph (a) and thereafter at the rate of £1,226, for each additional period of 3 hours and 30 minutes or less taken to make the inspection.
.
10
Omit paragraph (5D).
11
In paragraph (6) omit the definitions of “major site”, “minor site”, “regular inspection” and “standard site”.
12
After paragraph (6) insert the following —
6A
For the purposes of this regulation if an inspection is carried out by more than one inspector, the time taken by the Secretary of State to carry out the inspection is the aggregate of times taken by each inspector in carrying out the inspection at the site.
.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
27th February 2008
We consent
Alan Campbell
Steve McCabe
Two of the Lords Commissioners of her Majesty’s Treasury
26th February 2008


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 (Commencement No.12) Order 2008.
Appointed day for provision relating to arrangements between the Commission for Healthcare Audit and Inspection and Ministers
2
2nd June 2008 is the appointed day for the coming into force of section 124 of the Health and Social Care (Community Health and Standards) Act 2003 (arrangements with Ministers etc : CHAI ) in so far as it is not already in force .
Signed by authority of the Secretary of State for Health
Ben Bradshaw
Minister of State
Department of Health
21st May 2008


text:
Citation and commencement
1
This Order may be cited as the Civil Enforcement of Parking Contraventions (Dudley) Designation Order 2008 and shall come into force on 7th July 2008.
Revocation of the Civil Enforcement of Parking Contraventions (The Borough Council of Dudley) Designation Order 2008
2
The Civil Enforcement of Parking Contraventions (The Borough Council of Dudley) Designation Order 2008 is revoked.
Designation of civil enforcement area and special enforcement area
3
The Secretary of State designates the whole of the area of the metropolitan district of The Borough Council of Dudley as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
4th July 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Education and Skills Act 2008 (Commencement No. 1 and Savings) Order 2008.
2
In this Order —
“ the Act ” means the Education and Skills Act 2008;
“ SSFA 1998 ” means the School Standards and Framework Act 1998 ;
“academic year” means the period commencing with 1st August and ending with the next 31st July.
Provisions coming into force on 2nd December 2008
2
The following provisions of the Act come into force on 2nd December 2008 —
a
section 151(1) and (4), to the extent that those subsections insert sections 88B, 88C, 88D, 88E, 88F, 88G, 88H, 88I, 88K and 88L in SSFA 1998;
b
section 169(1) to the extent that it relates to the provisions in Schedule 1 specified below;
c
section 169(2) to the extent that it relates to the repeals in Schedule 2 specified below;
d
in Schedule 1, paragraphs 57, 58, 61, 62, 63, 64, 68, 69, 70, 71, 72, and 73, and, so far as relating to those paragraphs, paragraph 53;
e
in Schedule 2, the repeals so far as relating to sections 89, 89D, 90 and 90A of SSFA 1998.
3
The following provisions of the Act come into force in relation to England only on 2nd December 2008–
a
section 169(1) to the extent that it relates to the provisions in Schedule 1 specified below,
b
in Schedule 1, paragraph 54(5), (6), and (7), and, so far as relating to those sub- paragraphs, paragraph 53.
Provisions coming into force on 26th January 2009
4
The following provisions of the Act come into force on 26th January 2009–
a
sections 68 to 78;
b
section 79 to the extent that it repeals sections 114(2), (3) and (5), 115, 116, 118 and 121 of the Learning and Skills Act 2000;
c
sections 87 to 91;
d
section 151 so far as not already in force;
e
section 169(1) to the extent that it relates to the provisions in Schedule 1 specified below;
f
section 169(2) to the extent that it relates to the repeals in Schedule 2 specified below;
g
in Schedule 1, paragraphs 44 to 47, paragraphs 56, 59(1) to (6), 60, 65, (and, so far as relating to those paragraphs, paragraph 53), and paragraphs 78, 81, 82 , 83, 84, 85 and 89;
h
in Schedule 2 –
i
the repeal of section 94(7) of SSFA 1998;
ii
the repeal relating to the Welfare Reform and Pensions Act 1999;
iii
the repeals of the Learning and Skills Act 2000 so far as relating to sections 114(2), (3) and (5), 115, 116, 118 and 121;
iv
the repeals relating to the Criminal Justice and Court Services Act 2000;
v
the repeal relating to the Tax Credits Act 2002;
vi
the repeal relating to section 106 of the Education Act 2005;
vii
the repeal relating to sections 46, 47(5)(a), 50(3) and 52(2) of the Education and Inspections Act 2006;
viii
the repeals relating to the National Health Service (Consequential Provisions) Act 2006.
5
The following provisions of the Act come into force, subject to article 6, in relation to England only on 26th January 2009 –
a
sections 150, 152 and 153;
b
section 165;
c
section 169(1) to the extent that it relates to the provisions in Schedule 1 specified below;
d
section 169(2) to the extent that it relates to the repeals in Schedule 2 specified below;
e
in Schedule 1, paragraphs 53 and 54 so far as not already in force, and paragraphs 55, 59(7), 66 and 67;
f
in Schedule 2, the repeals so far as relating to sections 86 and 94 of SSFA 1998.
6
Despite the coming into force of section 150 and the amendments and repeals to sections 86 and 94 of SSFA 1998 made by sections 152 and 169 of, and Schedules 1 and 2 to, the Act, sections 86 and 94 shall continue to apply without those amendments and repeals in relation to admission to the academic year 2009 - 2010.
Sarah McCarthy-Fry
Parliamentary Under Secretary of State
Department for Children, Schools and Families
1st December 2008


text:
Citation and Commencement
1
These Regulations may be cited as the Gaming Duty (Amendment) Regulations 2008 and come into force on 1st October 2008.
Interpretation
2
In these Regulations “quarter” means the first three months of an accounting period.
Application and revocation
3
1
These Regulations apply in the case of payments on account of gaming duty for any quarter that ends on or after 31st October 2008.
2
The Gaming Duty (Amendment) Regulations 2006 are revoked.
The amount of payments on account
4
For the purpose of calculating payments on account of gaming duty in the cases to which these Regulations apply, substitute the following Table for the Table in regulation 5 of the Gaming Duty Regulations 1997 :
Table
Part of gross gaming yield Rate
The first £955,500 15 per cent The next £658,500 20 per cent The next £1,153,500 30 per cent The next £2,434,750 40 per cent The remainder 50 per cent
Dave Hartnett
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
22nd July 2008


text:
PART 1
GENERAL Citation and commencement 1 1 This Order may be cited as the Transfer of Rights and Liabilities to ING Order 2008. 2 This Order comes into force at 10.10 a.m. on 8th October 2008. Interpretation: general 2 In this Order — “ the 2000 Act ” means the Financial Services and Markets Act 2000 ; “ the Act ” means the Banking (Special Provisions) Act 2008; “ the Authority ” means the Financial Services Authority; “ the Companies Acts ” has the meaning given by section 2 of the Companies Act 2006 ; “ Deposits Management (Heritable) ” means Deposits Management (Heritable) Limited, company registered number 6690442, a company which is for the purposes of the Act wholly owned by the Treasury; “ the effective time ” means the time this Order comes into force; “ the Financial Services Compensation Scheme ” means the scheme established by the Authority under Part 15 (the financial services compensation scheme) of the 2000 Act; “ the first Order ” means the Heritable Bank plc Transfer of Certain Rights and Liabilities Order 2008 ; “ FSCS ” means the body corporate established by the Authority under section 212 (the scheme manager) of the 2000 Act; “ Heritable ” means Heritable Bank plc, company registered in Scotland number SC000717; “ ING ” means ING Direct N.V., incorporated in the Netherlands and acting through its branch in the United Kingdom, branch reference number BR 7357; “ the transfer ” means the transfer effected under article 3(1); “ the transitional period ” means the period of 6 months beginning with the date of this Order.
PART 2
THE TRANSFER The transfer 3 1 By virtue of this Order all the rights and liabilities transferred to Deposits Management (Heritable) by article 3 of the first Order are transferred to ING. 2 From the effective time, ING shall — a have the same rights and obligations in relation to depositors in relation to the transferred accounts as it would have if Heritable's relevant terms of business applied; and b be liable to pay to depositors any accrued interest on the transferred accounts as at the time of coming into force of the first Order and any interest accruing after that time on those accounts. 3 In paragraph (2) “ transferred accounts ” has the same meaning as in the first Order. 4 Paragraph (1) does not apply to any liability in respect of any breach of contract or other duty which arose before the effective time. 5 The transfer under paragraph (1) takes place at the effective time. No consent or concurrence required 4 The transfer is effective despite the absence of any required consent or concurrence to or with the transfer. Associated liability and interference 5 1 The transfer takes effect as if — a no associated liability existed in respect of any failure to comply with any requirement in respect of the transfer; and b there were no associated interference with the rights and liabilities transferred. 2 In this article, “associated liability” and “associated interference” have the meanings given in paragraph 2(2) of Schedule 2 to the Act. Interests, rights and liabilities of third parties relating to property, rights and liabilities transferred 6 1 No interest or right of any third party relating to any right or liability transferred by article 3, shall arise or become exercisable by virtue of or in connection with this Order. 2 Save as otherwise provided in this Order, no third party shall, by virtue of or in connection with this Order, incur any liability or be subject to any obligation relating to any right or liability transferred by article 3. 3 Without prejudice to the generality of paragraphs (1) and (2) — a the consequences specified in paragraph (4) shall not arise in respect of any relevant instrument as a result of the transfer or any other thing done, or matter arising, by virtue of or in connection with the transfer; and b any circumstances which, but for sub-paragraph (a), would give rise to the consequences specified in paragraph (4) shall be taken not to have arisen for the purposes of any relevant instrument. 4 The consequences are — a the termination of a relevant instrument or any rights or obligations under it; b any right to terminate a relevant instrument or any right or obligation under it becoming exercisable; c any amount becoming due and payable or capable of being declared due and payable; d any other change in the amount or timing of any payment falling to be made or due to be received by any person; e any right to withhold, net or set off any payment becoming exercisable; f any event of default or breach of any right arising; g any right not to advance any amount becoming exercisable; h any obligation to provide or transfer any deposit or collateral; i any right to give or withhold any consent or approval; or j any other right or remedy (whether or not similar in kind to those referred to in sub-paragraphs (a) to (i)) arising or becoming exercisable. 5 Without prejudice to paragraph (4), any provision in a relevant instrument that, as a result of the transfer or any other thing done, or matter arising, by virtue of or in connection with the transfer, provides for an obligation not to be created, suspends or extinguishes (in whole or in part) such an obligation or renders such an obligation subject to conditions, shall be of no effect. 6 In this article — “ relevant instrument ” has the same meaning as in paragraph 4(3) of Schedule 1 to the Act and the specified connection referred to in paragraph 4(3)(c) of that Schedule is between Heritable and those undertakings whose assets and liabilities, profits and losses are consolidated in the consolidated accounts of Heritable; and “ third party ” shall be construed in accordance with paragraph 2(3) of Schedule 2 to the Act. Construction of documents etc. 7 As from the effective time, and save as otherwise provided in this Order — a agreements made or other things done by or in relation to Heritable shall be treated, so far as may be necessary for the purposes of or in connection with the transfer, but not otherwise, as made or done by or in relation to ING, as the case may be; and b references to Heritable, or to any officer or employee of Heritable, in instruments or documents relating to the rights and liabilities transferred by or under article 3 shall have effect as if they were references to ING, or to any officer or employee of ING, as the case may be. Provision of information and assistance 8 Heritable shall provide ING with such information and assistance as is reasonably requested by ING — a in relation to the rights and liabilities transferred by article 3; b for any purpose relating to this Order; c for any purpose relating to any other function of ING which relates to its functions under this Order.
PART 3
FINANCIAL SERVICES COMPENSATION SCHEME Sum to be paid to ING following the transfer 9 1 Deposits Management (Heritable) is liable to pay (as soon as practicable after the effective time) to ING an amount equal to the aggregate amount of the liabilities transferred to ING under article 3 less £1,000,000. 2 The Treasury shall subsequently make the necessary adjustments such that Heritable obtains the benefit of the reduction of £1,000,000 referred to in paragraph (1) less the total of all costs and liabilities incurred by Deposits Management (Heritable) in performing its obligations under this Order or the first Order. Amendments to Part 3 of the first Order 10 1 Part 3 of the first Order (Financial Services Compensation Scheme) shall be amended as follows. 2 In article 13 (sums to be paid to Deposits Management (Heritable) following the transfer), insert at the end — 7 The liability referred to in paragraph (1)(a) shall be assessed by the FSCS and, in so doing, the FSCS may calculate, by any methodology or approach it considers appropriate, the total amounts of compensation that would have been paid to all eligible claimants, if (and to the extent that) it considers that the costs of ascertaining the entitlement to and amount of compensation by reference to each qualifying claimant would exceed or be disproportionate to the benefit of doing so. 3 In paragraph (3) of article 15 (liability of Heritable to the FSCS and the Treasury)
— a after “administration” in each place where it occurs insert “
or liquidationsubst;
” b substitute for “would have been provable”, “
the FSCS is entitled to recover
” . Balancing payments 11 1 Any payment which is required to be made pursuant to article 13(5) of the first Order by or to Deposits Management (Heritable) after the effective time shall be made by or, as the case may be, to ING. 2 Deposits Management (Heritable) shall have no obligation to make or, as the case may be, right to receive any such payment. Payment by the FSCS to ING 12 Any payment by the FSCS to ING pursuant to article 11 shall for the purposes of article 14(a) of the first Order be deemed to be a payment by the FSCS to Deposits Management (Heritable) under article 13(5) of the first Order. FSCS power to require information 13 1 The FSCS may, by notice in writing given to ING, require it — a to provide specified information or information of a specified description; or b to produce specified documents or documents of a specified description. 2 Paragraph (1) only applies to information and documents the provision or production of which the FSCS considers to be necessary (or likely to be necessary) for the exercise of its functions under or by virtue of this Order or the first Order. 3 Subsections (2), (4), (5) and (7)
of section 219 of the 2000 Act (scheme manager's power to require information) apply to a requirement imposed under paragraph (1) as if it were a requirement imposed under that section. Statutory immunity 14 For the purposes of section 222 (statutory immunity) of the 2000 Act the scheme manager's functions shall include any acts or omissions carried out by the FSCS pursuant to or in connection with this Order.
PART 4
MISCELLANEOUS Transitional provisions 15 Part 4 of the first Order (except for article 22) shall apply from the effective time with the substitution for references to Deposits Management (Heritable) of references to ING. Services and facilities 16 The agreement dated 8th October 2008 between the Treasury and ING relating to the provision of transitional services by Heritable to ING shall bind Heritable as if it were a party. Business continuity 17 1 During the transitional period, any person who provides to Heritable, pursuant to any contract or agreement, services or facilities which are reasonably required by Heritable to perform its duties under or pursuant to this Order or the agreement referred to in article 16 shall — a provide such services to Heritable for the benefit of ING; or b if so requested by Heritable, provide such services direct to ING. 2 No such person shall, without the consent of the Treasury or permission of the Court, during the transitional period, terminate or modify any such contract or agreement, or treat it as terminated or modified, by virtue or in connection with the requirement under this article to provide services or facilities to or for the benefit of ING. Modification to Authority's rule-making power 18 1 Subsections (1) and (1A) of section 138 of the 2000 Act (general rule-making power) have effect as if modified by inserting after “protecting the interests of consumers” — or for the purposes of, to facilitate or in consequence of, a transfer under section 6 or 8 of the Banking (Special Provisions) Act 2008 . 2 Section 148(2) of the 2000 Act (modification or waiver of rules) shall also apply in relation to ING — a in the absence of an application by a person subject to rules made by the Authority; and b without any requirement for the consent of such a person. 3 Section 148(4) of the 2000 Act shall not prevent the Authority from modifying or waiving rules in relation to ING under section 148 of that Act provided that the Authority is satisfied that the modification or waiver is necessary for the purposes of, to facilitate or in consequence of the transfer. Modification to Authority's duty to consult on rule changes 19 1 Section 155(7) of the 2000 Act (consultation) has effect as if modified by adding at the end — or if it is making rules for the purposes of, or to facilitate or in consequence of, a transfer under section 6 or 8 of the Banking (Special Provisions) Act 2008. 2 Section 157 of the 2000 Act (guidance) has effect as if modified by adding after subsection (3) — (3A) Section 155(7) applies to proposed guidance as it applies to proposed rules with the modification made by article 19 of the Transfer of Rights and Liabilities to ING Order 2008. . Transfer of data 20 Any transfer of data under this Order is not to be taken to breach any restriction on disclosure of information, however imposed. Frank Roy Dave Watts Two of the Lords Commissioners of Her Majesty's Treasury 8th October 2008


text:
1
This Order may be cited as the South Staffordshire College (Incorporation) Order 2008 and comes into force on 1st August 2008.
2
There is established as from 1st August 2008 a body corporate called “the South Staffordshire College”, for the purpose of establishing and conducting as from the operative date a new educational institution of that name.
3
The operative date in relation to the further education corporation established by this Order is 1st August 2008, and the corporation shall conduct the South Staffordshire College from that date.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
2nd July 2008


text:
1
These Rules may be cited as the Courts-Martial (Amendment) Rules 2008 and shall come into force on 21st July 2008.
2
In the Courts-Martial (Army) Rules 2007 omit rules 8 and 16.
3
In the Courts-Martial (Royal Air Force) Rules 2007 omit rules 8 and 16.
4
In the Courts-Martial (Royal Navy) Rules 2007 omit rules 6 and 13.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
27th June 2008


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Home Information Pack (Amendment) Regulations 2008.
2
These Regulations shall come into force on 31st March 2008.
3
Regulations 2 and 3 apply in relation to properties located or to be located in England.
4
Regulation 4 applies to properties located or to be located in England or Wales.
5
In these Regulations, “the principal Regulations” means the Home Information Pack (No. 2) Regulations 2007 .
Amendments relating to sustainability information for new homes
2
1
After regulation 8(c) (required documents) of the principal Regulations, add —
ca
subject to regulation 34A, for a property finished before or at the first point of marketing, which is marketed as a new home —
i
a sustainability certificate complying with paragraph 2 of Schedule 2A; or
ii
a nil-rated certificate complying with paragraph 4 of that Schedule;
cb
subject to regulation 34A, for a property not finished before or at the first point of marketing, which is marketed as a new home —
i
an interim sustainability certificate complying with paragraph 3 of Schedule 2A; or
ii
a nil-rated certificate complying with paragraph 4 of that Schedule;
.
2
After Schedule 2 to the principal Regulations, add —
SCHEDULE 2A
Sustainability information for new homes
regulation 8(ca) and 8(cb)
Interpretation
1
In this Schedule —
“assessment” means an assessment as to sustainability, made in accordance with the Code for Sustainable Homes, using the rating system set out in that Code;
“Code Assessor” means a person trained and certified as such, pursuant to the terms of a contract entered into on 12th December 2006 between the Secretary of State and Building Research Establishment Limited (together with affiliate companies);
“Code for Sustainable Homes” means the standards and processes for determining sustainability, set out in the document, “The Code for Sustainable Homes: Setting the Sustainability Standards for New Homes ;”
“construction” and related words include any related demolition and any off-site activities relating to the construction or demolition;
“design stage assessment” means an assessment based on an inspection by a Code Assessor of the plans and specifications for the property;
“post-construction stage assessment” means an assessment based on a visit to the constructed property by a Code Assessor or to another representative property;
“sustainability” relates to the extent to which —
the materials used in the property;
other aspects of the design and construction of the property; and
any services, fittings and equipment provided in, or in connection with the property,
further the sustainable design principles; and
“the sustainable design principles” are any of the following principles —
ensuring the health, safety, welfare and convenience of persons in or about the property and of others who may be affected by the property or matters connected with it;
furthering the efficient management of the property and of its construction;
furthering energy efficiency;
furthering the efficient use of water and minimising flood risk;
furthering efficient waste management;
furthering the protection or enhancement of the environment; and
furthering the prevention or detection of crime.
Sustainability certificate
2
1
A sustainability certificate must —
a
confirm that there has been a post-construction assessment of the property;
b
contain a single star rating from a minimum of zero stars to a maximum of six stars, awarded by a Code Assessor as to the sustainability of the property under the Code for Sustainable Homes;
c
contain an explanation of that rating;
d
contain a certificate number;
e
contain the date it is issued; and
f
contain a percentage rating against categories relating to the sustainable design principles.
2
A certificate prepared under this paragraph must be prepared by the Code Assessor based on his post-construction assessment of the property.
Interim sustainability certificate
3
1
An interim sustainability certificate must —
a
confirm that there has been a design stage assessment of the designs for the property;
b
contain a single star rating from a minimum of zero stars to a maximum of six stars, awarded by a Code Assessor as to the general sustainability of the plans and specifications for the property under the Code for Sustainable Homes;
c
contain an explanation of that star rating;
d
contain a certificate number;
e
contain the date it is issued; and
f
contain a percentage rating against categories relating to the sustainable design principles.
2
A certificate prepared under this paragraph must be prepared by the Code Assessor based on a design stage assessment of the plans and specifications for the property.
Nil-rated certificate
4
1
A nil-rated certificate must be made in the form specified in the Code for Sustainable Homes, and must contain the matters specified in that form.
2
A nil-rated certificate may be prepared by any person.
Amendments consequential upon regulation 2
3
In consequence of regulation 2 —
a
after regulation 1(2) (citation and commencement) of the principal Regulations, add —
3
Regulation 8(ca) and (cb) and Schedule 2A apply in relation to properties located or to be located in England.
4
The remaining provisions of these Regulations apply in relation to properties located or to be located in England or Wales.
b
in regulation 2(1) (interpretation – general provisions) of the principal Regulations, add in the appropriate place each of the following paragraphs —
“finished” in regulation 8(ca) and (cb) refers to the stage at which the construction of a property is sufficiently advanced so as to make a post-construction assessment (within the meaning of Schedule 2A) possible;
“interim sustainability certificate” means the document required by regulation 8(cb)(i), which must comply with paragraph 3 of Schedule 2A;
“new home” in regulation 8(ca) and (cb) means —
a property being designed;
a property being constructed; or
a property, the construction of which is finished, but has never been occupied;
“nil-rated certificate” means the document required by regulation 8(ca)(ii) or (cb)(ii) which must comply with paragraph 4 of Schedule 2A;
“sustainability certificate” means the document required by regulation 8(ca)(i) which must comply with paragraph 2 of Schedule 2A;
;
c
in regulation 13(b), delete “then”;
d
after regulation 13(b) (order of pack documents) of the principal Regulations, add —
ba
thirdly —
i
such of the documents as are required by regulation 8(ca) (sustainability of finished new homes); or
ii
such of the documents as are required by regulation 8(cb) (sustainability of new homes not finished); then
;
e
after regulation 14(1)(c) (time at which pack documents are to be included), add
ca
paragraph (ca) (sustainability of finished new homes);
cb
paragraph (cb) (sustainability of new homes not finished);
;
f
after regulation 22 (updating of predicted energy assessment), add —
Updating of sustainability information for new homes
22A
1
If the property is not finished before or at the first point of marketing, and becomes finished after that time, the responsible person must replace any interim sustainability certificate included in the pack with —
a
a sustainability certificate if a post-construction assessment of the property has taken place; or
b
a nil-rated certificate if no such assessment has taken place.
2
The document required to be included in the pack —
a
under paragraph (1)(a) must be so included before the end of the period of 21 days starting with the day on which the post-construction assessment takes place; or
b
under paragraph (1)(b) must be so included before the end of the period of 7 days starting with the day on which the property is finished.
3
The responsible person may at any time replace a nil-rated certificate —
a
with a sustainability certificate, where the property is finished; or
b
with an interim sustainability certificate, where the property is not finished.
4
In this regulation, “finished” and “post-construction assessment” have the same meaning as in paragraph 1 of Schedule 2A.
; and
g
after regulation 34 add —
Exception – transitional measure relating to regulation 8(ca) and (cb)
34A
Regulation 8(ca) and (cb) do not apply to properties in relation to which any of the following documents have been received by a local authority before 1st May 2008 —
a
a notice given under regulation 12(2A)(a) of the Building Regulations 2000 (building notices);
b
documents deposited under regulation 12(2A)(b) of those Regulations (full plans); or
c
a notice given under section 47(1)(a) of the Building Act 1984 (initial notices).
Amendment relating to access to local authority records for searches
4
In paragraph 4(a) (access to local authority records) of Schedule 6 (general provision about searches and search reports) to the principal Regulations, for “1st April 2008”, substitute “1st January 2009”.
Signed by authority of the Secretary of State
for Communities and Local Government
Caroline Flint
Minister of State
Department for Communities and Local Government
27th February 2008


text:
Citation and commencement
1
These Regulations may be cited as the Insurance Companies (Taxation of Reinsurance Business) (Amendment) (No. 2) Regulations 2008 and shall come into force on 29th October 2008.
Amendment to the Insurance Companies (Taxation of Reinsurance Business) Regulations 1995
2
The Insurance Companies (Taxation of Reinsurance Business) Regulations 1995 are amended as follows.
Amendment of regulation 2 (interpretation)
3
In regulation 2 (interpretation) omit the definition of “inspector” .
Amendment of regulation 6 (calculation of investment return in final accounting period)
4
In paragraph (4)(b) of regulation 6 (calculation of investment return in final accounting period), for “the inspector determines to be” substitute “is”.
Amendment of regulation 7 (prescribed percentage rates of return for the purposes of regulations 4 and 5)
5
1
Regulation 7 (prescribed percentage rates of return for the purposes of regulations 4 and 5) is amended as follows.
2
In paragraph (10) for “the inspector determines to be” substitute “is”.
3
Omit paragraphs (13) and (14).
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
6th October 2008


text:
PART I GENERAL
1
This Order may be cited as the International Organization for Migration (Immunities and Privileges) Order 2008. It shall come into force on the day after the day on which it is made.
2
In this Order —
“the Act” means the International Organisations Act 1968;
“the 1961 Convention Articles ” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 ;
“ Member ” means a State which is a member of the International Organization for Migration;
“ the Organisation ” means the International Organization for Migration.
PART II THE ORGANISATION
3
The Organisation is an organisation of which the United Kingdom and other sovereign Powers are members.
4
The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, shall enjoy immunity from suit and legal process.
5
The Organisation shall have the like inviolability of official archives and premises as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives and premises of a diplomatic mission.
6
Within the scope of its official activities the Organisation, its property, income and assets shall be exempt from Income Tax, Corporation Tax and Capital Gains Tax.
7
1
The Organisation shall have —
a
relief, under arrangements made either by the Secretary of State or by the Commissioners for Her Majesty’s Revenue and Customs, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979 ) or value added tax paid on the importation of such oil which is bought in the United Kingdom and used for the official purposes of the Organisation, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements;
b
relief, under arrangements made by the Secretary of State, by way of refund of value added tax paid on the supply of any goods and services of substantial value which are necessary for the official purposes of the Organisation, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements;
c
exemption from duties (whether of customs or excise) and taxes on the importation of goods by the Organisation for its official use in the United Kingdom, such exemption to be subject to compliance with such conditions as the Commissioners for Her Majesty’s Revenue and Customs may prescribe for the protection of the Revenue;
d
exemption from prohibitions and restrictions on importation or exportation of goods by the Organisation for its official use, except where the prohibitions or restrictions arise from European Community law.
2
No exemption or relief shall be granted for duties, taxes or other charges of any kind which only constitute remuneration for services rendered.
PART III REPRESENTATIVES
8
1
Except in so far as in any particular case any privilege or immunity is waived by the Member which they represent, representatives of Members at the meetings of the Organisation shall enjoy, while exercising their functions and in the course of their journeys to and from the place of meeting —
a
the like immunity from personal arrest or detention as is accorded to the head of a diplomatic mission;
b
the like exemption and privileges in respect of their personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent; and
c
immunity from suit and legal process, even after the termination of their mission, in respect of things done or omitted to be done in the course of the performance of official duties, except in the case of a motor traffic offence committed by a representative or in the case of damage caused by a motor vehicle belonging to or driven by him.
2
This Article shall not operate so as to confer any privilege or immunity on any person as the representative of the United Kingdom or Her Majesty’s Government in the United Kingdom, or as a member of the official staff of such a representative, and shall not apply to any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British National (Overseas) or a permanent resident of the United Kingdom.
PART IV OFFICERS
High Officers
9
1
Except in so far as in any particular case any privilege or immunity is waived by the Director-General of the Organisation, the Head of the London Office of the Organisation, shall enjoy —
a
the like immunity from suit and legal process, the like inviolability of residence, and the like exemption or relief from taxes and rates, other than duties (whether of customs or excise) and taxes on the importation of goods, as are accorded to or in respect of the head of a diplomatic mission;
b
the like exemption from duties (whether of customs or excise) and taxes on the importation of articles imported for his personal use or the personal use of members of his family forming part of his household, including articles intended for his establishment, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;
c
the like exemption and privileges in respect of his personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;
d
relief, under arrangements made by either by the Secretary of State or the Commissioners for Her Majesty’s Revenue and Customs, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979) or value added tax paid on the importation of such oil which is bought in the United Kingdom by him or on his behalf, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
2
This Article shall not apply to any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British National (Overseas) or a permanent resident of the United Kingdom.
All Officers
10
1
Except in so far as in any particular case any privilege or immunity is waived by the Director-General of the Organisation, all officers of the Organisation shall enjoy —
a
immunity from suit and legal process, even after the termination of their functions, in respect of things done or omitted to be done in the course of the performance of official duties; this immunity shall not apply, however, in the case of a motor traffic offence committed by an officer of the Organisation, nor in the case of damage caused by a motor vehicle belonging to or driven by an officer of the Organisation;
b
exemption from income tax in respect of emoluments received as an officer of the Organisation, from the date that an internal effective tax for the benefit of the Organisation is applied by the Organisation on such emoluments;
c
the like exemption from duties (whether of customs or excise) and taxes on the importation of articles which at or about the time when the officer first enters the United Kingdom as an officer of the Organisation are imported for his personal use or that of members of his family forming part of his household, including articles intended for his establishment which were in his ownership or possession or that of such a member of his family immediately before he so entered the United Kingdom, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent.
2
Paragraph (1)(c) of this Article shall not apply to any person who is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British National (Overseas) or a permanent resident of the United Kingdom.
Judith Simpson
Clerk to the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 3) Regulations 2008 and shall come into force on 1st October 2008.
Amendment of the Social Security (General Benefit) Regulations 1982
2
In regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purpose of unemployability supplement) for “£4,602” substitute “£4,784”.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
3
1
The Social Security (Incapacity Benefit) Regulations 1994 are amended as follows.
2
In regulation 8 (limit of earnings from councillor’s allowance) for “£88.50” substitute “£92.00”.
3
In regulation 21 (disregard of certain pension payments) after sub-paragraph (b) omit “or” and after sub-paragraph (c) add —
d
any payment made under article 14(1)(b) or 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 ; or
e
any pension payment made under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 .
.
Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995
4
1
The Social Security (Incapacity for Work) (General) Regulations 1995 are amended as follows.
2
In regulation 17 (exempt work) —
a
in paragraphs (3) and (4) for “£88.50” substitute “£92.00”; and
b
in paragraph (7) for “Duties undertaken on not more than one day a week” substitute “Duties undertaken on either one full day or two half days a week”.
Amendment of the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008
5
In regulation 2(1) of the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008 for subparagraph (c) substitute —
c
payment from any government department, authority, body corporate or employer exempted from insurance by or under section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 or Article 7 of the Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 .
.
Amendment of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008
6
1
The Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 are amended as follows.
2
In regulation 9(5) (information contained in certificates) for “paragraph (3)” substitute “paragraph (4)”.
3
For paragraph 6 of Schedule 1 (modification of the Social Security (Recovery of Benefits ) Act 1997) substitute —
6
Where this Schedule applies, section 13 (appeal to Social Security Commissioner) is to apply as if in —
a
subsection (2)(b) there were omitted “of recoverable benefits” ;
b
subsection (2)(bb) for “section 7(2)(a)” there were substituted “regulation 11(2)(a) of the Lump Sum Payment Regulations”; and
c
subsection (2)(c) for “section 8) the injured person” there were substituted “regulation 12 of the Lump Sum Payments Regulations).
.
4
In paragraph 1(b) of Schedule 2 (amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999), in the inserted regulation 9ZA (Review of certificates) for paragraph 2(b) substitute —
“certificate” means a certificate of recoverable lump sum payments, including where any of the amounts is nil;
.
5
In paragraph 1(2)(c)(ii) of Schedule 2 for “regulation 14” substitute “regulation 13”.
6
For paragraph 1(2)(e) of Schedule 2 substitute —
e
in regulation 33 (making of appeals and applications) —
i
in paragraph (1)(d) after “recoverable benefits” insert “, recoverable lump sum payments”;
ii
in paragraph (2)(a) after “recoverable benefits” insert “or, as the case maybe, recoverable lump sum payments”.
.
Signed by authority of the Secretary of State for Work and Pensions.
William D.McKenzie
Parliamentary Under-Secretary of State
Department for Work and Pensions
4th September 2008


text:
Citation
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 2008.
Exempt amount of capital gains for 2008-09
2
The amount specified as the exempt amount for the year 2008-09 by virtue of section 3 of the Taxation of Chargeable Gains Act 1992 is, unless Parliament otherwise determines, £9,600.
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2008


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Cross-border Railway Services (Working Time) Regulations 2008 and come into force on 27th July 2008.
2
These Regulations extend to Great Britain only.
Interpretation
2
In these Regulations —
“collective agreement” means a collective agreement within the meaning of section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992 , the trade union parties to which are independent trade unions within the meaning of section 5 of that Act;
“cross-border worker” means any worker who is a member of a train crew and who is assigned to interoperable cross-border services for more than one hour on a daily shift basis;
“driver” means a cross-border worker in charge of operating a traction unit;
“employer”, in relation to a cross-border worker, means the person by whom the worker is (or where the employment has ceased, was) employed;
“employment”, in relation to a cross-border worker, means employment under the worker’s contract, and “employed” is to be construed accordingly;
“inspector” means a person appointed under paragraph 1 of Schedule 2;
“interoperable cross-border services” are services through the tunnel system, as defined by section 1(7) of the Channel Tunnel Act 1987 , in respect of which at least two network safety requirement certifications are required, as stipulated by Article 10(2)(b) and (4) of Directive 2004/49/ EC of the European Parliament and the Council of 29 th April 2004 ;
“leave year” for a cross-border worker is the year beginning on —
such date as is provided for in a relevant agreement, or
if there are no provisions of a relevant agreement which apply, on 1 January;
“relevant agreement”, in relation to a cross-border worker, means —
a workforce agreement which applies to the worker,
any provision of a collective agreement which forms part of a contract between the worker and the worker’s employer, or
any other agreement in writing which is legally enforceable as between the worker and the employer;
“relevant training” means work experience provided pursuant to a training course or programme, training for employment, or both, other than work experience or training —
the immediate provider of which is an educational institution or a person whose main business is the provision of training, and
which is provided on a course run by that institution or person;
“rest period” means any period which is not working time;
“week” means a period of seven days which starts at such time as is determined for the purposes of these Regulations by a relevant agreement, or in default of such a determination at midnight at the beginning of Monday;
“workforce agreement” means an agreement between an employer and workers employed by the employer or their representatives in respect of which the conditions set out in Schedule 1 to these Regulations are satisfied; and
“working time”, in relation to a cross-border worker, means —
any period during which the worker is working, at the employer’s disposal and carrying out the worker’s activities or duties,
any period during which the worker is receiving relevant training, and
any additional period which is to be treated as working time for the purpose of these Regulations under a relevant agreement.
Daily rest
3
1
A cross-border worker is entitled in each 24 hour period to a rest period that is a minimum number of consecutive hours (“a daily rest period”).
2
In the case of a daily rest period that can be taken at the cross-border worker’s normal place of residence (“a daily rest period at home”) the minimum period is twelve hours, but this is subject to paragraphs (3) and (4).
3
Once a week a daily rest period at home may be reduced by the employer of a cross-border worker to a minimum period of nine hours, but this is subject to paragraph (7).
4
If a daily rest period at home is reduced by the employer below twelve hours, the minimum period for the next daily rest period at home is increased by the number of hours, including any part of an hour, by which the earlier period was less than twelve hours.
5
In the case of a daily rest period that cannot be taken at the cross-border worker’s normal place of residence (“a daily rest period away from home”) the minimum period is eight hours.
6
When there is a daily rest period away from home the cross-border worker is entitled to work that is scheduled to enable the worker to take the next daily rest period as a daily rest period at home.
7
If a daily rest period at home is scheduled to be between two daily rest periods away from home, the daily rest period at home must not be reduced under paragraph (3) below ten hours.
Break for sole driver
4
1
Where there is only one driver and the driver’s scheduled daily working time is six or more hours the driver is entitled to a break, but this paragraph and paragraphs (2) to (4) are subject to paragraphs (5) to (7).
2
The minimum length of the scheduled break must be 30 minutes, but this is subject to paragraph (3).
3
In the case of a driver whose daily scheduled working time is more than eight hours the minimum length of the scheduled break must be 45 minutes.
4
At least 15 minutes of the break must be scheduled to be between the third and sixth hour of the working time.
5
If a train service is delayed the time and duration of a driver’s entitlement to a break under this regulation may be adapted during the working day.
6
If possible under the timetable for the train service the total time of the adapted break entitlement must be at least equal to the minimum scheduled break entitlement under the relevant paragraph of this regulation.
7
The time and duration of the break entitlement must be sufficient to ensure the effective recuperation of the worker.
Breaks for drivers
5
1
A driver who is not entitled to a break under regulation 4 but whose scheduled daily working time is more than six hours is entitled to a break, but this paragraph and paragraphs (2) and (3) are subject to paragraph (4).
2
The details of the break to which a driver is entitled under paragraph (1), including its duration and the terms on which it is granted, must be in accordance with any provisions for the purposes of this regulation which are contained in a collective agreement or a workforce agreement.
3
Subject to the provisions of any applicable collective agreement or workforce agreement, the break provided for in paragraph (1) is an uninterrupted period of not less than 20 minutes.
4
The employer of a driver may require the driver to work during a period that would, but for this paragraph, be a time when the driver is entitled to a break under this regulation; and when a driver is required to do so —
a
the employer must wherever possible allow the driver to take an equivalent period of compensatory rest, and
b
in exceptional cases in which it is not possible, for objective reasons, to grant such a period of rest, the employer must afford the driver such protection as may be appropriate to safeguard the driver’s health and safety.
Breaks for other workers
6
1
A cross-border worker who is not a driver and whose scheduled daily working time is more than six hours is entitled to a break.
2
The minimum length of the scheduled break must be 30 minutes.
Weekly rest
7
1
A cross-border worker is entitled every week to an uninterrupted rest period of 24 hours (a “rest day”) in addition to the minimum daily rest entitlement under regulation 3 and any days taken as part of the worker’s entitlement to annual leave.
2
A cross-border worker is entitled to 104 rest days each leave year, but this paragraph and paragraphs (3) and (5) are subject to paragraph (6).
3
A cross-border worker is entitled each leave year on at least 24 occasions to take a rest day that is immediately followed by another rest day (a “two-day rest period”), but this is subject to paragraph (4).
4
If there are more than two consecutive rest days, each rest day only counts towards one two-day rest period.
5
A cross-border worker is entitled each leave year on at least twelve occasions to take a two-day rest period over a week-end, so that the period includes a part or the whole of a Saturday and a part or the whole of a Sunday.
6
Paragraphs (2), (3) and (5) apply only to a person who is a cross-border worker throughout a complete leave year that begins after 26th July 2008, but this is subject to paragraphs (8) to (11).
7
If a leave year of a person who was a cross-border worker on 27th July 2008 begins before that date, but has not ended by that date, the entitlements under paragraphs (2), (3) and (5) apply proportionately to the relevant part year, but this is subject to paragraphs (10) and (11).
8
If a person’s employment as a cross-border worker begins after 26th July 2008 and part way through a leave year, the entitlements under paragraphs (2), (3) and (5) apply proportionately to the relevant part year, but this is subject to paragraphs (10) and (11).
9
The “relevant part year” means —
a
in paragraph (7), the period beginning on 27th July 2008 and ending when the leave year ends; and
b
in paragraph (8), the period beginning on the date that the person’s employment as a cross-border worker begins and ending when the leave year ends.
10
If applying paragraphs (2), (3) and (5) proportionately would, but for this paragraph, result in an entitlement to a number of rest days or a number of two-day rest periods that is not a whole number, the entitlement is to the number rounded to the nearest whole number, but if the number is exactly half-way between the two nearest whole numbers the number is rounded up.
11
Paragraphs (7) and (8) apply only if the person is a cross-border worker throughout the relevant part year.
Driving time
8
1
Between two daily rest periods taken in accordance with regulation 3 a driver’s scheduled driving time must not exceed —
a
in the case of a shift that is scheduled to include at least three hours of night time, eight hours; and
b
in any other case, nine hours.
2
In any period of two weeks a driver’s scheduled driving time must not exceed 80 hours.
3
The employer of the driver must take all reasonable steps to ensure that this regulation is complied with.
4
In this regulation —
“night time” means a period which —
is not less than seven hours,
includes the period between midnight and 5 am, and
is determined for the purposes of this regulation by a relevant agreement, or, in default of such a determination, the period which is between 11 pm and 6 am; and
“scheduled driving time” means the time scheduled for the driver to be in charge of the traction unit, excluding the scheduled time to prepare or shut down the unit, but including any scheduled interruptions when the driver is to remain in charge.
Records
9
1
The employer of a cross-border worker must —
a
keep records which are adequate to show whether these Regulations are being complied with in respect of that worker, including information as to actual hours worked; and
b
retain those records for at least one year after the end of the period covered by those records.
2
The employer of a cross-border worker must, upon request, provide to —
a
a cross-border worker, or (as the case may be)
b
the Office of Rail Regulation,
a copy of the records retained in accordance with paragraph (1) in respect of that cross-border worker.
Enforcement
10
1
It is the duty of the Office of Rail Regulation to make adequate arrangements for the enforcement of regulations 8(3) and 9.
2
The provisions of Schedule 2 apply in relation to the enforcement of regulations 8(3) and 9.
Offences
11
1
An employer of a cross-border worker who fails to comply with regulation 8(3) or regulation 9 is guilty of an offence.
2
The provisions of paragraph (3) apply where an inspector is exercising or has exercised any power conferred by Schedule 2.
3
It is an offence for a person–
a
to contravene any requirement imposed by the inspector under paragraph 2 of Schedule 2;
b
to prevent or attempt to prevent any other person from appearing before the inspector or from answering any question to which the inspector may by virtue of paragraph 2(2)(e) of Schedule 2 require an answer;
c
to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as is modified on appeal);
d
intentionally to obstruct the inspector in the exercise or performance of his powers or duties;
e
to use or disclose any information in contravention of paragraph 8 of Schedule 2;
f
to make a statement which the person knows to be false or recklessly to make a statement which is false, where the statement is made in purported compliance with a requirement to furnish any information imposed by or under these Regulations.
4
An employer guilty of an offence under paragraph (1) is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
5
A person guilty of an offence under paragraph (3) is liable to the penalty prescribed in relation to that provision by paragraphs (6), (7) or (8) as the case may be.
6
A person guilty of an offence under paragraph (3)(a), (b) or (d) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
7
A person guilty of an offence under paragraph (3)(c) is liable —
a
on summary conviction, to imprisonment for a term not exceeding three months, or a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.
8
A person guilty of an offence under paragraph (3)(e) or (f), is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment —
i
if the offence is under paragraph (3)(e), to imprisonment for a term not exceeding two years or a fine or both;
ii
if the offence is under paragraph (3)(f), to a fine.
9
The provisions set out in regulations 12 to 16 apply in relation to the offences provided for in paragraphs (1) and (3).
Offences due to fault of other person
12
Where the commission by any person of an offence is due to the act or default of some other person, that other person is guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
Offences by bodies corporate
13
1
Where an offence committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of that offence and liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the preceding paragraph apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
Restriction on institution of proceedings in England and Wales
14
Proceedings for an offence must not, in England and Wales, be instituted except by an inspector or by or with the consent of the Director of Public Prosecutions.
Prosecutions by inspectors
15
1
An inspector, although not of counsel or a solicitor, may prosecute before a magistrate’s court proceedings for an offence under these Regulations if authorised in that behalf by the Office of Rail Regulation.
2
This regulation does not apply to Scotland.
Power of court to order cause of offence to be remedied
16
1
Where a person is convicted of an offence in respect of any matters which appear to the court to be matters which it is in the person’s power to remedy, the court may, in addition to or instead of imposing any punishment, order the person, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying the matters.
2
The time fixed by an order under paragraph (1) may be extended or further extended by order of the court on an application made before the end of that time as originally fixed or as extended under this paragraph, as the case may be.
3
Where a person is ordered under paragraph (1) to remedy any matters, that person shall not be liable under these Regulations in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under paragraph (2).
Remedies
17
1
A cross-border worker may present a complaint to an employment tribunal that his employer has refused to permit the worker to exercise any right the worker has under regulations 3 to 7.
2
An employment tribunal may not consider a complaint under this regulation unless it is presented —
a
before the end of the period of three months beginning with the date on which it is alleged that the exercise of the right should have been permitted (or in the case of a rest period extending over more than one day, the date on which it should have been permitted to begin);
b
within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
3
Where the period within which a complaint must be presented in accordance with paragraph (2) is extended by regulation 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004 , the period within which the complaint must be presented is the extended period rather than the period in paragraph (2).
4
Where an employment tribunal finds a complaint under paragraph (1) well-founded, the tribunal —
a
must make a declaration to that effect, and
b
may make an award of compensation to be paid by the employer to the cross-border worker.
5
The amount of the compensation is to be such as the tribunal considers just and equitable in all the circumstances having regard to —
a
the employer’s default in refusing to permit the worker to exercise the worker’s right, and
b
any loss sustained by the worker which is attributable to the matters complained of.
Restrictions on contracting out
18
1
Any provision in an agreement (whether a contract of employment or not) is void in so far as it purports —
a
to exclude or limit the operation of any provision of these Regulations, save in so far as these Regulations provide for an agreement to have that effect, or
b
to preclude a person from bringing proceedings under these Regulations before an employment tribunal.
2
Paragraph (1) does not apply to —
a
any agreement to refrain from instituting or continuing proceedings where a conciliation officer has taken action under section 18 of the Employment Tribunals Act 1996 (conciliation); or
b
any agreement to refrain from instituting or continuing proceedings under regulation 17, if the conditions regulating compromise agreements under these Regulations are satisfied in relation to the agreement.
3
For the purposes of paragraph (2)(b) the conditions regulating compromise agreements under these Regulations are that —
a
the agreement must be in writing,
b
the agreement must relate to the particular complaint,
c
the cross-border worker must have received advice from a relevant independent adviser as to the terms and effect of the proposed agreement and, in particular, its effect on the worker’s ability to pursue the worker’s rights before an employment tribunal,
d
there must be in force, when the adviser gives the advice, a contract of insurance, or an indemnity provided for members of a profession or a professional body, covering the risk of a claim by the cross-border worker in respect of loss arising in consequence of the advice,
e
the agreement must identify the adviser, and
f
the agreement must state that the conditions regulating compromise agreements under these Regulations are satisfied.
4
A person is a relevant independent adviser for the purposes of paragraph (3)(c) —
a
if the person is a qualified lawyer,
b
if the person is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union, or
c
if the person works at an advice centre (whether as an employee or as a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre.
5
But a person is not a relevant independent adviser for the purposes of paragraph (3)(c) —
a
if the person is employed by or is acting in the matter for the employer or an associated employer,
b
in the case of a person within paragraph (4)(b), if the trade union is the employer or an associated employer, or
c
in the case of a person within paragraph (4)(c), if the cross-border worker makes a payment for the advice received from the adviser.
6
In paragraph (4)(a), “qualified lawyer” means —
a
as respects England and Wales, a barrister (whether in practice as such or employed to give legal advice), a solicitor who holds a practising certificate, or a person other than a barrister or solicitor who is an authorised advocate or authorised litigator (within the meaning of the Courts and Legal Services Act 1990) ; and
b
as respects Scotland, an advocate (whether in practice as such or employed to give legal advice), or a solicitor who holds a practicing certificate.
7
A person is to be treated as being a qualified lawyer within paragraph (6)(a) if the person is a Fellow of the Institute of Legal Executives employed by a solicitors’ practice.
8
For the purposes of paragraph (5) any two employers are to be treated as associated if —
a
one is a company of which the other (directly or indirectly) has control; or
b
both are companies of which a third person (directly or indirectly) has control;
and “associated employer” is to be construed accordingly.
Amendments to legislation
19
Schedule 3 has effect.
Signed by authority of the Secretary of State
Tom Harris
Parliamentary Under Secretary of State
Department for Transport
25th June 2008


text:
1
This Order may be cited as The A421 Trunk Road (M1 Junction 13 Improvements) Order 2008 and shall come into force on 31st July 2008.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
i
“the new main road” means the new highway which the Secretary of State proposes to construct along the routes described in Schedule 1 to this Order; and
ii
“the plan” means the plan numbered HA 10/MP/089 marked “The A421 Trunk Road (M1 Junction 13 Improvements) Order 2008”, signed by authority of the Secretary of State for Transport and deposited at DCLG-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
3
The new main road shall become a trunk road from the date when this Order comes into force.
4
The centre line of each of the new main road is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new main road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
Jon Griffiths
A Divisional Director
Highways Agency
29th July 2008


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Control of Transfers of Business Done at Lloyd’s) (Amendment) Order 2008 and comes into force on 23rd July 2008.
Amendment of the Financial Services and Markets Act 2000 (Control of Transfers of Business Done at Lloyd’s) Order 2001
2
1
The Financial Services and Markets Act 2000 (Control of Transfers of Business Done at Lloyd’s) Order 2001 is amended as follows.
2
In article 2, omit the definition of “former underwriting member”.
3
In article 3 —
a
for “107 to 114” substitute “107 to 114A”;
b
for “members of the Society or former underwriting members” substitute —
underwriting members of the Society or by one or more persons who have ceased to be such a member (whether before, on or after 24th December 1996)
.
4
In article 4 —
a
for paragraph (b) substitute —
b
that the Council of Lloyd’s has —
i
by resolution authorised one person to act, or
ii
certified that one person has authority to act,
in connection with the transfer for the members concerned, as transferor;
;
b
for paragraph (c) substitute —
c
that a copy of the resolution or the certificate has been give to the Authority.
.
5
In article 5(1)(b) —
a
after “the person authorised” insert “, or the person certified to have authority,”;
b
for “paragraph (a)” substitute “paragraph (b)”.
6
After article 5(2) add —
3
A transfer scheme carried out by virtue of this Order may transfer to an establishment of the transferee business written on different syndicates and in different years of account of syndicates.
.
Claire Ward
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
1st July 2008


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Insurance Companies (Overseas Life Assurance Business) (Compliance) (Amendment) Regulations 2008 and shall come into force on 27th October 2008.
2
These Regulations have effect in relation to policies or contracts assigned on or after the date on which these Regulations come into force.
Amendments to the Insurance Companies (Overseas Life Assurance Business) (Compliance) Regulations 1995
2
1
The Insurance Companies (Overseas Life Assurance Business) (Compliance) Regulations 1995 are amended as follows.
2
In paragraph (1) of regulation 2 (interpretation), in the definition of “the Board, for “of Inland Revenue” substitute “for Her Majesty’s Revenue and Customs”.
3
For “section 540, 542 or 545” substitute “section 484 of the Income Tax (Trading and Other Income) Act 2005” in —
a
paragraph (5)(b) of regulation 13 (business other than reinsurance business effected by a company resident in the United Kingdom outside the United Kingdom),
b
paragraph (5)(b) of regulation 14 (business other than reinsurance business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company), and
c
paragraph (6)(b) of regulation 14A (business other than reinsurance business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company – policy holder not within regulation 7) .
Mike Eland
3rd October 2008
Dave Hartnett
6th October 2008
Two of the Commissioners for Her Majesty’s Revenue and Customs


text:
Citation and commencement
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Disclosure of Information by SOCA) Order 2008 and shall come into force on 23rd July 2008.
Disclosure of information by SOCA
2
The following functions are designated for the purposes of section 33 of the Serious Organised Crime and Police Act 2005, being functions which appear to the Secretary of State to be functions of a public nature —
a
protecting public health,
b
the functions of the Financial Services Authority under the Financial Services and Markets Act 2000 .
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
17th July 2008


text:
Citation, application and commencement
1
These Regulations, which apply to England only, may be cited as the Valuation for Rating (Plant and Machinery) (England) (Amendment) Regulations 2008 and shall come into force on 1st October 2008.
Amendment of the Valuation for Rating (Plant and Machinery) (England) Regulations 2000
2
The Valuation for Rating (Plant and Machinery) (England) Regulations 2000 shall be amended by the insertion, after regulation 2 (prescribed assumptions as to plant and machinery), of —
Prescribed assumptions as to plant and machinery: valuation for 1st October 2008 and subsequent days
2A
1
For the purpose of determining the rateable value of a hereditament for any day on or after 1st October 2008, in applying the provisions of sub-paragraphs (1) to (7) of paragraph 2 of Schedule 6 to the Local Government Finance Act 1988 —
a
in relation to a hereditament in or on which there is plant or machinery which belongs to any of the classes set out in the Schedule to these Regulations, the prescribed assumptions are that —
i
any such plant or machinery is part of the hereditament except to the extent that it has microgeneration capacity, and
ii
the value of any other plant and machinery has no effect on the rent to be estimated as required by paragraph 2(1); and
b
in relation to any other hereditament, the prescribed assumption is that the value of any plant or machinery has no effect on the rent to be so estimated.
2
The exception in paragraph (1)(a)(i) applies only —
a
in relation to any item of plant or machinery that —
i
is installed on or after 1st October 2008, and
ii
on the day of installation has microgeneration capacity; and
b
in the period —
i
starting on the day that the item of plant or machinery is installed, and
ii
ending on the earlier of —
aa
the first day after the day that the item of plant or machinery is installed on which rating lists fall to be compiled for the purposes of sections 41(2) and 52(2) of the Local Government Finance Act 1988, and
bb
the day the item of plant or machinery ceases to have microgeneration capacity.
3
In this regulation “microgeneration capacity” means the capacity of plant or machinery to be used for the generation of electricity or the production of heat —
a
which, in generating electricity or (as the case may be) producing heat, relies wholly or mainly on a source of energy or a technology mentioned in section 26(2) (interpretation) of the Climate Change and Sustainable Energy Act 2006 ; and
b
the capacity of which to generate electricity or (as the case may be) to produce heat does not exceed the capacity mentioned in section 26(3) of that Act.
.
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
28th August 2008


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (B2007 Vehicles) Exemption Order 2008 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order —
“exempt vehicle” means a rail vehicle of the type known as B2007 and with a number in the series 101 to 155;
“internal passenger information system” means a system for audible and visual announcements inside a passenger saloon of an exempt vehicle; and
“regulation” means a regulation in the Rail Vehicle Accessibility Regulations 1998 .
Exemptions
3
Subject to articles 4 to 6, an exempt vehicle is authorised to be used for carriage even if it does not, or it is used in a manner that does not, conform with —
a
regulation 4(3)(b) (audible warning before door closes);
b
regulation 5(2) (illumination to cease before door closes);
c
regulation 11(3) (handhold on top of seat), but only in so far as it applies to a seat in a position where there is a gap of no more than 50 millimetres between the top of the back of the seat and a partition;
d
regulation 13(4) (passenger information when vehicle is stationary), but only in so far as it applies to the internal passenger information system;
e
regulation 16(1)(d) (no fitting for other passengers accessible through the wheelchair space), but only in so far as it applies to a horizontal handrail; and
f
regulation 23(1) (boarding device when there is a wheelchair-compatible doorway).
Conditions
4
1
The exemption from regulation 4(3)(b) only applies if either or both of paragraphs (2) and (5) applies to each passenger door of the exempt vehicle.
2
This paragraph applies if —
a
the passenger door can only be closed by a member of the operator’s staff on the train or next to a doorway of the train;
b
the audible warning device that emits a distinct sound when the door becomes openable by a passenger emits a different distinct sound only while the door is closing; and
c
that sound lasts for a period of not less than 3 seconds.
3
The exemption from regulation 5(2) only applies if either or both of paragraphs (4) and (5) applies to each passenger door of the exempt vehicle.
4
This paragraph applies if —
a
the passenger door can only be closed by a member of the operator’s staff on the train or next to a doorway of the train; and
b
the illumination of the door control or its immediate surround, as required by regulation 5(1)(c), ceases when the door starts to close.
5
This paragraph applies if the passenger door is under the direct supervision of a member of the operator’s staff who is standing next to the door when it is closing.
6
The exemption from regulation 13(4) only applies if —
a
whilst the vehicle is stationary at a station the internal passenger information system is used to announce the name of the station; and
b
the internal passenger information system is used to announce shortly after leaving that station the vehicle’s destination and next stop.
7
The exemption from regulation 23(1) only applies if the gap referred to in that regulation is not more than 85 millimetres measured horizontally and not more than 50 millimetres measured vertically.
Restrictions
5
1
The exemptions from regulations 4(3)(b), 5(2) and 13(4) only apply to exempt vehicles on the Docklands Light Railway network.
2
The exemption from regulation 23(1) only applies to an exempt vehicle operating at the stations on the Docklands Light Railway network listed in the Schedule to this Order.
Expiry
6
1
The exemptions from regulations 11(3) and 16(1)(d) expire on 31st December 2009.
2
The exemption from regulation 23(1) expires on 31st December 2014.
3
The exemptions from regulations 4(3)(b), 5(2) and 13(4) expire on 31st December 2016.
Signed by authority of the Secretary of State for Transport
Tom Harris
Parliamentary Under Secretary of State
Department for Transport
30th March 2008


text:
Citation and commencement
1
These Regulations may be cited as the Measuring Instruments (EC Requirements) (Amendment) Regulations 2008 and shall come into force on 1st June 2008.
Amendment of the Measuring Instruments ( EEC Requirements) Regulations 1988
2
The Measuring Instruments (EEC Requirements) Regulations 1988 are amended as follows —
a
for paragraph 1(1)(a) of Schedule 1, there is substituted —
a
in the upper part, the distinguishing capital letter of the State which granted the approval (B for Belgium, D for Germany, DK for Denmark, E for Spain, F for France, EL for Greece, I for Italy, IRL for Ireland, L for Luxembourg, NL for the Netherlands, P for Portugal, UK for the United Kingdom, A for Austria, S for Sweden, FI for Finland, CZ for the Czech Republic, EST for Estonia, CY for Cyprus, LV for Latvia, LT for Lithuania, H for Hungary, M for Malta, PL for Poland, SI for Slovenia, SK for Slovakia, BG for Bulgaria, RO for Romania) and the last two digits of the year of approval; and
;
b
for paragraph 5(2)(a) of Schedule 1, there is substituted —
a
in the upper half, the distinguishing capital letter of the State where the examination to determine whether the stamp should be applied is carried out (B for Belgium, D for Germany, DK for Denmark, E for Spain, F for France, EL for Greece, I for Italy, IRL for Ireland, L for Luxembourg, NL for the Netherlands, P for Portugal, UK for the United Kingdom, A for Austria, S for Sweden, FI for Finland, CZ for the Czech Republic, EST for Estonia, CY for Cyprus, LV for Latvia, LT for Lithuania, H for Hungary, M for Malta, PL for Poland, SI for Slovenia, SK for Slovakia, BG for Bulgaria, RO for Romania) together, where necessary, with one or two figures identifying a territorial or administrative sub-division; and
; and
c
for Drawing A in the Annex to Schedule 1, there is substituted the drawing in the Schedule.
Ian Pearson
Minister of State for Science and Innovation,
Department for Innovation, Universities and Skills
7th May 2008


text:
1
This Order may be cited as the Dewsbury College (Dissolution) Order 2008 and comes into force on 1st August 2008.
2
On 1st August 2008 the corporation is dissolved and all of its property, rights and liabilities are transferred to Huddersfield Technical College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3), and (4) of the Act shall apply to any person employed by the corporation immediately before 1st August 2008 as if the references in that section–
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2008;
c
to the transferor were to the corporation; and
d
to the corporation were to Huddersfield Technical College.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
3rd July 2008


text:
Title and commencement
1
These Regulations may be cited as the Fisheries and Aquaculture Structures (Grants) (England) (Amendment) Regulations 2008 and come into force on 20th June 2008.
Amendment
2
In regulation 17(1) of the Fisheries and Aquaculture Structures (Grants) (England) Regulations 2001 , for “the statutory maximum” substitute “level 5 on the standard scale”.
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
18th May 2008


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Merchant Shipping (Liner Conferences) Act 1982 (Repeal) Regulations 2008.
2
Regulation 3 (1) and (3) comes into force —
a
as respects liner shipping conferences which, on 18th October 2006, satisfied the requirements of the 1986 Council Regulation , on 18th October 2008;
b
as respects other liner shipping conferences, on 26th February 2008.
3
Regulation 3(2) comes into force on 18th October 2008.
4
The other provisions of these Regulations come into force on 26th February 2008.
5
These Regulations extend to each part of the United Kingdom.
Interpretation
2
In these Regulations —
“the 1986 Council Regulation” means Council Regulation (EEC) No. 4056/86 of 22 December 1986 laying down detailed rules for the application of Articles 85 and 86 of the Treaty to maritime transport, and amending Regulation (EC) No 1/2003 as regards the extension of its scope to include cabotage and international tramp services ;
“ the Act ” means the Merchant Shipping (Liner Conferences) Act 1982 ;
“ the Code ” means the Convention on a Code of Conduct for Liner Conferences signed at Geneva on 6th April 1974 ;
“the 1985 Regulations ” means the Merchant Shipping (Liner Conferences) (Conditions for Recognition) Regulations 1985 and the Merchant Shipping (Liner Conferences) (Mandatory Provisions) Regulations 1985 .
Repeals
3
1
The provisions of the Code identified in the Merchant Shipping (Liner Conferences) (Mandatory Provisions) Regulations 1985 cease to have effect in the United Kingdom.
2
Sections 2, 3, 4, 12 and 13 of the Act (which provide for the making of regulations and Orders in Council to give effect to the Code and any revisions of it, and related matters) are repealed.
3
Section 11 of the Act (exclusion of restrictive practices law) is repealed.
4
Nothing in these Regulations affects the operation of the Act or the 1985 Regulations in respect of anything relating to the operation of the Code in the United Kingdom before paragraph (1) comes into force.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
23rd January 2008


text:
Citation, commencement and application
1
1
This Order may be cited as the Housing (Right to Buy)(Service Charges)(Amendment) (England) Order 2008 and shall come into force on 6th April 2008.
2
This Order applies in England only.
Amendment of the Housing (Right to Buy)(Service Charges) Order 1986
2
In article 2 (interpretation) of the Housing (Right to Buy)(Service Charges) Order 1986 , for the definition of “index figure” substitute —
“index figure” means an index figure, other than a provisional index figure, in the table of “ BERR Output Deflators for Direct Labour: Public Housing Repairs and Maintenance” in the “BERR Construction Price and Cost Indices Online ” published from time to time by the Department for Business, Enterprise and Regulatory Reform,
.
Signed by authority of the Secretary of State for Communities and Local Government
Caroline Flint
Minister of State
Department for Communities and Local Government
27th February 2008


text:
Citation and commencement
1
This Order may be cited as the Greater London Authority (Limitation of Salaries) (Amendment) Order 2008 and shall come into force on 1st May 2008.
Limit on salaries of Authority members
2
1
The Greater London Authority (Limitation of Salaries) Order 2000 is amended as follows.
2
For article 3, substitute —
Limit on salaries of Authority members
3
If relevant remuneration is payable to a person who is the Mayor or an Assembly member, the amount of any salary which would, but for the provisions of this Order, be payable to that person under section 24 of the Greater London Authority Act 1999 shall —
a
in relation to a term of office (as the Mayor or an Assembly member) which begins before 1st May 2008, be reduced to two thirds of what it would otherwise be;
b
in relation to a term of office (as the Mayor or an Assembly member) which begins on or after 1st May 2008, be reduced to one third of what it would otherwise be.
.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
11th March 2008