text:
Citation and commencement
1
This Order may be cited as the Tope (Prohibition of Fishing) Order 2008 and comes into force on 6th April 2008.
Application
2
1
Subject to the provisions of this article, this Order applies within British fishery limits.
2
This Order does not apply to fishing vessels —
a
within the meaning of Article 3(c) of Council Regulation ( EC ) 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy , which are registered in another member State; or
b
registered in a third country.
3
Articles 3 and 4 do not apply in the Northern Ireland zone, the Scottish zone, Wales or the territorial sea adjacent to the Channel Islands or the Isle of Man .
4
In paragraph (3) —
a
“the Northern Ireland zone” has the meaning given by section 98 of the Northern Ireland Act 1998 ;
b
“the Scottish zone” has the meaning given by section 126(1) of the Scotland Act 1998 ; and
c
“Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006 .
Fishing prohibition
3
1
Fishing for tope (other than by rod and line) is prohibited.
2
If tope are taken on board, they may be retained provided that the total liveweight does not exceed 45 kilogrammes per day.
3
In paragraph (2), “liveweight” means the weight of the gutted carcasses of tope multiplied by a factor of 1.125.
Trans-shipment prohibition
4
The trans-shipment of tope is prohibited.
Landing prohibition
5
No person may land in England —
a
tope caught by rod and line, or
b
beheaded tope.
Powers of British sea-fishery officers
6
1
For the purposes of enforcing this Order, an officer may exercise the following powers.
2
An officer may go on board a fishing boat, with or without persons assigned to assist in the exercise of the officer’s duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
An officer may require the attendance of the master and other persons on board the boat and may make any examination or inquiry appearing to the officer to be necessary for the purpose of enforcing this Order and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything appearing to the officer to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board, which is in that person’s custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5 or 6 of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything appearing to the officer to be necessary for facilitating the search; and
d
where the boat is one in relation to which the officer has reason to suspect that such an offence has been committed, may seize and detain any such document produced to the officer or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence.
4
Nothing in paragraph (3)(d) enables the officer to seize and detain any document required by law to be carried on board the boat except while the boat is detained in a port.
5
Where it appears to an officer that a contravention of any provision of this Order has at any time taken place, the officer may —
a
take, or require the master to take, the boat and its crew to the port appearing to the officer to be the nearest convenient port; and
b
detain, or require the master to detain, the boat in the port.
6
An officer who detains or requires the detention of a boat must serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by an officer.
7
In this article, “officer” means a British sea-fishery officer.
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
5th March 2008
Paul Goggins
Minister of State
Northern Ireland Office
9th March 2008


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 4) Order 2008 and comes into force on 7th January 2009.
2
In this Order, “designate” means designate for the purposes of section 2(2) of the European Communities Act 1972, and similar expressions are to be construed accordingly.
Designation in relation to consumer credit
2
The Secretary of State is designated in relation to consumer credit.
Designation in relation to the European Parliament
3
Each of the following is designated in relation to the European Parliament, including elections to the Parliament and members of the Parliament —
a
the Secretary of State; and
b
the Lord Privy Seal.
Relationship with other designations
4
1
This Order (except for Article 5) does not restrict the scope of any designation made by any other Order.
2
Where —
a
a Minister or department is designated by this Order, and
b
any other Minister or department is designated in relation to the same matter by this or any other Order,
any of them may make subordinate legislation in relation to that matter jointly.
Revocations
5
The European Communities (Designation) (No. 2) Order 2004 is revoked.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Civil Enforcement of Parking Contraventions (St. Helens) Designation Order 2008 and shall come into force on 12th January 2009.
Designation of civil enforcement area and special enforcement area
2
The Secretary of State designates the whole of the area of the metropolitan district of St. Helens Metropolitan Borough Council as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
10th December 2008


text:
Citation and commencement
1
These Regulations may be cited as the Tonnage Tax (Training Requirement) (Amendment) Regulations 2008 and shall come into force on 1st October 2008.
Application
2
1
These Regulations apply for the purpose of calculating the payments in lieu of training for the purposes of the Tonnage Tax (Training Requirement) Regulations 2000 (“the 2000 Regulations ”) in respect of a relevant four month period falling after 30th September 2008.
2
In paragraph (1), “a relevant four month period” means a period of four months commencing on 1st October, 1st February or 1st June in any year.
Payments in lieu of training
3
1
The 2000 Regulations are amended as follows.
2
In regulation 15(1)(b) (payments in lieu of training), for “£652” substitute “£671”.
3
In regulation 21(4) (higher rate of payment in case of failure to meet training requirement), for “£593” substitute “£610”.
Signed by authority of the Secretary of State for Transport
Tom Harris
Parliamentary Under Secretary of State
Department for Transport
20th August 2008


text:
Citation and commencement
1
These Regulations may be cited as the Individual Savings Account (Amendment No. 3) Regulations 2008 and shall come into force on 16th December 2008.
Amendment of the Individual Savings Account Regulations 1998
2
The Individual Savings Account Regulations 1998 are amended as follows.
3
In regulation 2(1)(a) in the definition of “security” —
a
for “(cb) and (8)(b), 8(2)(e) and (f), 31(4)(b)” substitute “(cc) and (8)(b), 8(2)(f)”;
b
at the end add “, and in regulation 7(2)(cc) has the same meaning but with the omission of the words “of a company””.
4
In regulation 7(2) (qualifying investments for a stocks and shares component) after sub-paragraph (cb) insert —
cc
securities issued by a multilateral institution, contributions to which may be reported as official development assistance, listed in Part I of Annex 2 to the DAC Statistical Reporting Directive (approved by the Development Assistance Committee of the Organisation for Economic Co-operation and Development), where the securities satisfy the conditions in paragraphs (5)(b) and (6);
.
Steve McCabe
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
24th November 2008


text:
Citation and commencement
1
These Regulations may be cited as the Radioactive Contaminated Land (Modification of Enactments) (England) (Amendment) Regulations 2008 and come into force on 6th April 2008.
Amendments
2
1
The Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006 are amended as follows.
2
In regulation 5(8), for —
c
after the definition of “unitary authority”, insert —
,
substitute —
e
after the definition of “unitary authority”, insert —
.
3
For regulation 17, substitute —
Section 78YB (interaction of Part 2A with other enactments)
17
1
Section 78YB (interaction of Part 2A with other enactments) has effect with the following modifications.
2
In subsection (1) —
a
in paragraph (a), omit the words “significant” and “, or pollution of controlled waters,”; and
b
in paragraph (b), omit the words “or pollution”.
3
After subsection (4) insert —
4A
Nothing in this Part applies in respect of land which, except for this subsection, would otherwise fall to be regarded as contaminated land within a nuclear site.
4B
Nothing in this Part applies in respect of land which, except for this subsection, would otherwise fall to be regarded as contaminated land on a site —
a
in respect of which there is no nuclear site licence in force; and
b
which is used by or on behalf of the Secretary of State for Defence for a purpose which, if section 1 of the 1965 Act applied to the Crown, would require the authority of a nuclear site licence in respect of that site.
4C
Nothing in this Part applies in respect of land which, except for this subsection, would otherwise fall to be regarded as contaminated land if —
a
action is required to be taken by a local authority under paragraph (2) of regulation 13 (implementation of emergency plans) of the Radiation (Emergency Preparedness and Public Information) Regulations 2001; and
b
that action would for the purposes of Part 2A amount to remediation of the relevant land.
4
For subsection 5, substitute —
5
In this section —
“enforcement action” means action under regulation 36, 37 or 42 of the Environmental Permitting (England and Wales) Regulations 2007 (in this subsection referred to as “the 2007 Regulations ”);
“licensed site”, “nuclear site licence” and, in relation to a licensee, “period of responsibility” have the meaning given by section 26(1) of the 1965 Act;
“nuclear site” means any licensed site in respect of which, or part of which —
a nuclear site licence is for the time being in force; or
after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not come to an end; and
“regulated facility” has the meaning given in regulation 8 of the 2007 Regulations.
.
.
Revocation
3
In the Radioactive Contaminated Land (Modification of Enactments) (England) (Amendment) Regulations 2007 omit the following provisions —
a
in regulation 3(2), in substituted regulation 5(8), the words —
c
after the definition of “unitary authority”, insert —
; and
b
regulation 3(6).
Phil Woolas
Minister of State,
Department for Environment, Food and Rural Affairs
25th February 2008


text:
Citation and commencement
1
These Regulations may be cited as the Architects (Recognition of European Qualifications etc and Saving and Transitional Provision) Regulations 2008 and shall come into force on 20th June 2008.
Amendment of Architects Act 1997
2
The Architects Act 1997 is amended in accordance with regulations 3 to 23.
Designation of Architects Registration Board as competent authority
3
In Part 1, after section 1 ( the Board ), insert —
Designation of the Board as competent authority
1A
1
The Board is designated as the competent authority in the United Kingdom for the purposes of the Directive so far as relating to architects.
2
The designation under subsection (1) does not extend to the awarding of degrees, diplomas or other qualifications in architecture.
3
Accordingly, the Board shall in the United Kingdom carry out (in particular) the mutual-recognition functions so far as relating to architects.
4
The carrying-out of the following functions in the United Kingdom is not entrusted to the Board by subsection (3) —
a
the function of awarding degrees, diplomas or other qualifications in architecture;
b
any other mutual-recognition functions the carrying out of which, so far as relating to architects, is entrusted to the Board or any other person by or under any enactment other than this section.
5
In this section “mutual-recognition functions” means the functions specified in the Directive that a Member State, in giving effect to the Directive, must or may cause to become functions of the State’s competent authorities.
.
Functions of the Registrar
4
In section 2 (the Registrar), after subsection (3), insert —
3A
Where functions of a competent authority under the Directive are exercised by the Registrar, he exercises them on behalf of the Board.
.
The Register
5
In section 3 ( the Register ), after subsection (1), insert —
1A
The Register shall consist of two Parts, to be known as Part 1 and Part 2.
.
Registration in Part 1 of the Register: general
6
1
In section 4 (registration: general) —
a
for the side-note, substitute “Registration in Part 1 of the Register: general”;
b
in subsection (1), after “registered” insert “in Part 1 of the Register”;
c
for subsections (2A) and (2B) , substitute —
2A
For the purposes of subsection (1), a Directive-rights national shall be treated as having achieved a standard of competence equivalent to that demonstrated by satisfying subsection (1)(a) if —
a
he produces evidence of a description specified in section 4A(1) and he is either —
i
lawfully established as an architect in the relevant European State in which that evidence was issued, or
ii
eligible to practise as an architect in that State, as confirmed by a competent authority in that State;
b
he produces to the Registrar a certificate, awarded by a relevant European state other than the United Kingdom, that attests that Article 48(2) of the Directive (authorisation to use the title of architect by reason of being especially distinguished by quality of work in the field of architecture) applies to him; or
c
he is a person —
i
whose case falls within regulation 3(9)(a), (b), (c) or (e) of the European Communities (Recognition of Professional Qualifications) Regulations 2007,
ii
to whom regulations 20 to 26 of those Regulations apply by reason of operation of regulation 3(4) of those Regulations, and
iii
who is permitted to pursue the profession of architect in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully passed any aptitude test that he may be required to undertake pursuant to that Part of those Regulations).
.
2
In subsections (4)(a) and (6) —
a
before “the Register” insert “Part 1 of”; and
b
after “registered” insert “in pursuance of this section”.
3
After subsection (6), insert —
7
For the purposes of subsection (2A)(a), evidence is to be treated as issued in a relevant European State if it is issued in a country (or former country) whose territory at any time consisted of, or included, the whole or part of the territory of that State.
.
Registration in Part 1 of the Register: European qualifications
7
For section 5 (registration: EEA qualifications), substitute —
Registration in Part 1 of the Register: European qualifications
4A
1
The descriptions referred to in section 4(2A)(a) are —
a
evidence of formal qualifications listed in point 5.7.1 of Annex V to the Directive (qualifications in architecture satisfying the minimum training conditions mentioned in Article 46 of the Directive, including training which is, under Article 22(a), to be treated as meeting those conditions), accompanied, where appropriate, by the certificate listed in relation to that evidence in the column of that point of that Annex entitled “Certificate accompanying the evidence of qualifications”;
b
evidence of formal qualifications as an architect which is required to be recognised under paragraph 3, 4 or 5 of Article 23 of the Directive (recognition of qualifications issued by the former Czechoslovakia, former Soviet Union, and former Yugoslovia), accompanied by —
i
such attestation in respect of that evidence as is mentioned in that paragraph, and
ii
such a certificate as is required by the second sub-paragraph of that paragraph;
c
evidence of training which is required by paragraph 1 of Article 47 of the Directive to be recognised as satisfying Article 21 of the Directive (training provided by ‘Fachhochschulen’ in the Federal Republic of Germany), accompanied by such a certificate (certificate as to 4 years’ post-training experience) as is mentioned in that paragraph;
d
evidence of training which is required by paragraph 2 of Article 47 of the Directive to be recognised as satisfying Article 21 of the Directive (training as part of social betterment schemes or part-time university studies), accompanied by evidence of —
i
having passed such an examination as is mentioned in that paragraph, and
ii
having worked as mentioned in that paragraph (7 years’ supervised work in the field of architecture);
e
evidence of formal qualifications which is required by paragraph 1 of Article 49 of the Directive to be recognised by the United Kingdom (acquired rights: recognition of evidence of qualifications listed in Annex VI to the Directive and awarded in other relevant European States; and recognition of evidence of qualifications issued in the German Democratic Republic and certified as equivalent to evidence so listed); and
f
evidence of formal qualifications in the form of a certificate which is required to be recognised by paragraph 2 of Article 49 of the Directive (acquired rights: rules governing the access to and pursuit of the activities of an architect as of dates specified for individual Member States).
2
Where a person applies for registration in pursuance of section 4 and, in doing so, relies on subsection (2A) of that section —
a
the Registrar may, for the purposes of deciding whether the person is entitled to be registered in pursuance of section 4, demand any documents within Annex VII to the Directive and may, where the demand relates to a document within point 1(d), (e) or (f) of that Annex, treat the demand as unsatisfied if the document submitted to the Registrar in response to the demand is more than 3 months old when submitted;
b
in the event of justified doubts as to whether the person is entitled to be registered in pursuance of section 4, the Registrar may require from the competent authorities of a relevant European State confirmation of the authenticity of the attestations and evidence of formal qualifications awarded in that other relevant European State, as well as confirmation of the fact that the person fulfils the minimum training conditions set out in Article 46 of the Directive (including training which is, under Article 22(a), to be treated as meeting those conditions);
c
in case of justified doubt as to whether the person is entitled to be registered in pursuance of section 4, where evidence of formal qualifications has been issued by a competent authority in a relevant European State and includes evidence as to training received in whole or in part in an establishment legally established in the territory of another relevant European state, the Registrar shall be entitled to verify with the competent authority in the relevant European State of origin of the award —
i
whether the training course at the establishment which gave the training has been formally certified by the educational establishment based in the relevant European State of origin of the award;
ii
whether the evidence of formal qualifications issued is the same as that which would have been awarded if the course had been followed entirely in the relevant European State of origin of the award; and
iii
whether the evidence of formal qualifications confers the same professional rights in the territory of the relevant European State of origin of the award.
3
Subsection (4) applies to a person who is registered in Part 1 of the Register in pursuance of section 4 in reliance on subsection (2A) of that section.
4
The person, when using his academic title or any abbreviation of it —
a
may express the title or abbreviation in the language, or one of the languages, of the relevant European State in which the body conferring the title is located;
b
must follow the title or abbreviation with the name and location of the body conferring the title.
.
Registration in Part 2 of the Register: Directive-rights nationals providing services
8
1
Before section 6, insert —
Registration in Part 2 of the Register: Directive-rights nationals providing services
5A
1
Schedule 1A (registration of person lawfully established as an architect in a relevant European State and wishing to provide services in the United Kingdom on a temporary and occasional basis) has effect.
2
No fee shall be charged for registration in Part 2 of the Register.
Titles to be used by persons registered in Part 2 of the Register
5B
1
Where a person is registered in Part 2 of the Register, the Registrar must in accordance with this section record the person’s professional title against the person’s name in that Part of the Register.
2
If the person satisfies the Registrar that the person would be entitled to be registered in Part 1 of the Register were the person to apply to be registered in that Part, the professional title to be recorded for the person shall be “architect”.
3
In any other case —
a
the professional title to be recorded for the person shall be as it is in the relevant European State in which the person is established as an architect,
b
that title shall be recorded in the official language, or one of the official languages, of that State, and
c
if the title that is to be recorded in accordance with paragraphs (a) and (b) is “architect” or is confusingly similar to “architect”, the title to be recorded for the person shall be the title that is to be recorded in accordance with paragraphs (a) and (b) followed by the name of that State in brackets.
Information to be given to recipients of the service
5C
1
Subsection (2) applies to a person (“P”) if —
a
P is entitled to be registered in Part 2 of the Register, and
b
P’s professional title falls to be recorded in that Part of the Register in accordance with section 5B(3).
2
Before P provides any services as an architect in the United Kingdom to another person, P shall give to that person the following information in writing —
a
if P is registered in a commercial register or similar public register, the register in which he is registered, his registration number, or equivalent means of identification contained in that register;
b
if the activity is subject to authorisation in the relevant European State in which P is established, the name and address of the competent supervisory authority;
c
any professional association or similar body with which P is registered;
d
P’s professional title or, where no such title exists, P’s formal qualification and the State in which it was awarded;
e
if P performs an activity which is subject to VAT , the VAT identification number referred to in Article 22(1) of the sixth Council Directive 77/388/ EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment; and
f
details of any insurance cover or other means of personal or collective protection with regard to professional liability which P has.
Administrative co-operation with other relevant European States
5D
1
Where a person seeks registration in Part 2 of the Register, re-registration in that Part or continuation of registration in that Part, the Registrar may ask the competent authorities of the relevant European State where that person is established as an architect, for each provision of services, to provide information relevant to the legality of that person’s establishment and his good conduct, as well as the absence of any disciplinary or criminal sanctions of a professional nature.
2
Where a competent authority of a relevant European State other than the United Kingdom requests information of the kind described in subsection (1) in respect of a registered architect who is established in the United Kingdom and who wishes to provide services in that relevant European State, the Board shall provide the information in accordance with the provisions of Article 56 of the Directive.
3
The Registrar may make enquiries of registered persons where the Registrar considers it necessary to do so for the purposes of enabling the Board to discharge its duties under subsection (2).
4
Where a registered person receives enquiries under subsection (3), the person shall reply and, in replying, shall use the person’s best endeavours to assist the Registrar.
5
The power under subsection (3) is not to be taken to prejudice any other power to make enquiries of registered persons.
Complaints by recipients of services
5E
1
In subsections (2) and (3) “service complaint” means a complaint by a recipient of services made against a person in respect of services provided, by that person as an architect on a temporary and occasional basis, in any relevant European State other than the relevant European State where that person is lawfully established as an architect.
2
The Board shall ensure the exchange with other competent authorities of all information necessary for service complaints to be correctly pursued.
3
Where the Registrar knows the outcome of a service complaint but it appears to the Registrar that the person who made the complaint does not or may not know the outcome, the Registrar shall inform the person of the outcome of the complaint.
.
2
After Schedule 1, insert Schedule 1A as set out in the Schedule to these Regulations.
Registration: further procedural requirements
9
In section 6 (registration: further procedural requirements) —
a
in subsection (1), for “pursuance of section 4 or 5” substitute “Part 1 of the Register”;
b
after subsection (2), insert —
2A
The Board may require an applicant for registration in Part 1 of the Register to pay a fee for taking an aptitude test which the applicant is required by the Board to take under regulation 25(1)(b) of the European Communities (Recognition of Professional Qualifications) Regulations 2007 on the basis that the circumstances are as mentioned in regulation 25(3)(b) of those Regulations (education and training received by the applicant covers substantially different matters from that required in the United Kingdom).
;
c
in subsection (3), for “pursuance of section 4 or 5” substitute “Part 1 of the Register”;
d
after subsection (3) insert —
3A
The reference in subsection (3) to an application for registration in Part 1 of the Register does not include an application for registration in that Part made by a Directive-rights national who, in making the application, relies on section 4(2A).
3B
Where a Directive-rights national applies to be registered in Part 1 of the Register and, in doing so, relies on section 4(2A), the Board shall —
a
acknowledge receipt of the application within one month of receipt; and
b
inform the applicant of any missing document required for the purposes of the application.
3C
The Registrar shall deal expeditiously with all applications for registration.
;
e
in subsection (4) after “applicant” insert “for registration in Part 1 of the Register”;
f
for subsection (4A), substitute —
4A
A notice under subsection (4) shall be served —
a
in the case of an application by a person who in making the application —
i
relies on subsection (1)(a) of section 4 without also relying on subsection (2A), or
ii
relies on section 4(2A),
within three months beginning with the date on which the application is made;
b
in any other case, within six months beginning with the date on which the application is made.
;
g
in subsection (4B), for “under section 5 or to which section 4(2B) applies,” substitute “by a person who in making the application relies on section 4(2A)”; and
h
omit subsection (5).
Issuing of certificates of architectural education
10
After section 6 insert —
Issuing of certificates of architectural education
6A
1
Where a person requests the Board to issue a certificate of architectural education confirming that the person’s training as an architect —
a
meets the minimum training conditions in Article 46 of the Directive,
b
gives that person entitlement under section 4 to be registered in Part 1 of the Register, or
c
includes prescribed or equivalent qualifications,
the Board may issue such a certificate to that person if the training does meet those conditions, gives that entitlement or includes those qualifications.
2
The Board may require a person making a request under subsection (1) to pay a fee of a prescribed amount.
.
Penalty for obtaining registration or recognition by false representation
11
In section 7 (penalty for obtaining registration by false representation) —
a
in the side-note, after “registration” insert “or recognition”; and
b
for section 7(1), substitute —
1
A person commits an offence if the person intentionally —
a
becomes or attempts to become registered under this Act, or
b
does any of the things mentioned in subsection (1A) anywhere in or outside the United Kingdom.
1A
Those things are —
a
making to the Board or to the Registrar,
b
producing to the Board or to the Registrar,
c
causing to be made to the Board or to the Registrar, or
d
causing to be produced to the Board or to the Registrar
any false or fraudulent representation or declaration (whether oral or written).
.
Retention of name in Register
12
In section 8 (retention of name in Register) —
a
before “the Register” insert “Part 1 of” in each place; and
b
in subsection (3)(a), omit “or 5”.
Competence to practise
13
In section 9 (competence to practise) —
a
before “the Register” insert “Part 1 of” in each place; and
b
in subsection (1)(a), omit “or 5”.
Disqualification in a relevant European State
14
In section 10 (removal from Register of name of person disqualified in an EEA State) —
a
in the side-note, for “an EEA State” substitute “a relevant European State”;
b
in subsection (1), after “remove a person’s name from” insert “Part 1 of”; and
c
for paragraph (a) of subsection (1) substitute —
a
the person relied on section 4(2A) in making the application that led to the person’s name being entered in Part 1 of the Register;
aa
at the time when the person’s name was entered in Part 1 of the Register, there was a disqualifying decision in force in respect of the person in a relevant European State other than the United Kingdom;
.
Failure to notify change of address
15
In section 11 (failure to notify change of address), for “registered person” substitute “person registered in Part 1 of the Register”.
Removal of list of visiting EEA architects
16
Omit section 12 (visiting EEA architects) and the italic heading “List of visiting EEA architects” preceding that section.
Disciplinary orders
17
Omit section 15(6) (disciplinary orders).
Application of discipline provisions to visiting EEA architects
18
Omit section 19 (application of discipline provisions to visiting EEA architects) and the italic heading preceding that section.
Use of title “architect”
19
In section 20 (use of title “architect”) —
a
in subsection (1), for the words “under this Act” substitute “in Part 1 of the Register”;
b
in subsection (3)(a) and (b), for the words “registered person” substitute “person registered in Part 1 of the Register”; and
c
for subsection (5) substitute —
5
Subsection (1) does not prevent a person registered in Part 2 of the Register using —
a
the title recorded for the person in that Part; or
b
any other title that could have been recorded for the person in that Part.
.
Appeals
20
For sections 22 (appeals) and 22A , substitute —
Appeals
22
1
A person may appeal to the High Court or, in Scotland, to the Court of Session if he is aggrieved by —
a
refusal of his application for registration in Part 1 of the Register;
b
failure of the Registrar to comply with section 6(4);
c
his name not being re-entered in, or his name being removed from, Part 1 of the Register by virtue of section 9;
d
the Board’s ordering under section 10 that the Registrar remove his name from Part 1 of the Register; or
e
the making of a disciplinary order in relation to him.
2
Subject to subsection (3), an appeal under subsection (1)(a), (c), (d) or (e) must be made not later than three months after the date on which notice of the decision or order concerned is served on the person.
3
Where an appeal under subsection (1)(a) is made by a person who relied on subsection (2A) of section 4 in applying for registration in pursuance of that section, the appeal must be made not later than four months after the date on which notice of the refusal is served on the person.
4
The time limits for making an appeal under subsection (1)(b) are —
a
where the appeal is made by a person who relied on subsection (2A) of section 4 in applying for registration in pursuance of that section, within seven months, and
b
where the appeal is made by a person who, in applying for registration in pursuance of that section, relied on subsection (1)(a) of that section without also relying on subsection (2A) of that section, within six months,
beginning with the date on which the person’s application for registration is made.
5
An appeal under subsection (1)(b) to which subsection (4) does not apply must be made within nine months beginning with the date on which the person’s application for registration is made.
6
If a person claims to be entitled to be registered in Part 2 of the Register but the person’s name is not entered in that Part, the person may appeal to a county court or, in Scotland, to the sheriff.
7
On an appeal under this section the court concerned may make any order which appears appropriate, and no appeal shall lie from any decision of a court on such an appeal.
.
Administrative co-operation and confidentiality
21
After section 22 (appeals), insert —
Administrative co-operation
22B
1
The Board, in its capacity as competent authority for the purposes of the Directive, is to —
a
work in close collaboration with competent authorities of other relevant European States, and
b
provide assistance to competent authorities of other relevant European States in accordance with and in order to facilitate the application of the Directive.
2
The Board is to exchange professional-regulation information about —
a
registered persons who are Directive-rights nationals, or
b
Directive-rights nationals who have made an application for registration in the Register,
with competent authorities of other relevant European States.
3
In this section “professional-regulation information” means information regarding —
a
disciplinary action taken,
b
criminal sanctions imposed, or
c
any other serious, specific circumstances,
where the action is, or the sanctions or circumstances are, likely to have consequences for the pursuit of the profession of architect by a person.
4
If in any case the Board receives professional-regulation information from a competent authority of another relevant European State, the Board —
a
is responsible for investigating and establishing the position in the case, and
b
is to pass on its conclusions in the case to a competent authority in each relevant European State in which the person concerned is established as an architect or (without being established) is providing services as an architect.
5
The Board may make enquiries of registered persons where the Board considers it necessary to do so for the purposes of enabling it to discharge its duties under subsections (1)(b) and (4)(a).
6
Where a registered person receives enquiries under subsection (5), the person shall reply and, in replying, shall use the person’s best endeavours to assist the Board.
7
The power under subsection (5) is not to be taken to prejudice any other power to make enquiries of registered persons.
Confidentiality
22C
1
The Board, the Registrar, and persons acting on behalf of either of them, are prohibited from disclosing information to which subsection (2) applies.
2
This subsection applies to information if —
a
the information is received in the course of the carrying-out of functions of the Board or the Registrar;
b
the functions are functions under the Directive or under any enactment giving effect to the Directive; and
c
the information —
i
is provided by a competent authority of another relevant European State, or
ii
relates to an application made by a Directive-rights national for registration in the Register.
3
Subsection (1) does not apply to disclosure which is —
a
to the Secretary of State; or
b
necessary in order to facilitate the carrying-out of functions of the Board, or of functions of the Registrar, under this Act or any other enactment.
4
An authority within subsection (5) must, so far as it is within the authority’s power to do so, ensure the confidentiality of information which, in the course of the carrying-out of functions of the authority under the Directive or under any enactment giving effect to the Directive, is disclosed by or on behalf of the authority to a competent authority of another relevant European State.
5
The authorities within this subsection are —
a
the Board; and
b
the Registrar.
.
Interpretation
22
1
In section 25(1) (interpretation) —
a
for the definition of “competent authority”, substitute —
“competent authority” means any authority or body designated by a relevant European State for the purposes of the Directive as competent to —
issue, or receive, evidence of qualifications or other information or documents, or
receive applications, and take the decisions, referred to in the Directive,
in connection with the profession of architect;;
;
b
for the definition of “the Directive”, substitute —
“the Directive” means Council Directive 2005/36/EC on the recognition of professional qualifications, and —
any reference to the Directive includes (without prejudice to the operation of section 20A of the Interpretation Act 1978) a reference to the Directive as extended by the EEA Agreement (see the amendments made to that Agreement by Decision of the EEA Joint Committee No. 142/2007 on 26 th October 2007), and
any reference to an Annex to the Directive is, except where the reference to the Directive is to the Directive as extended by the EEA Agreement, a reference to the Annex as amended from time to time;
“Directive-rights national” means —
a national of a relevant European State other than the United Kingdom,
a national of the United Kingdom who is seeking access to, or is pursuing, the profession of architect by virtue of an enforceable Community right, or
a person who is not a national of a relevant European State but who is, by virtue of an enforceable Community right, entitled to be treated, for the purposes of access to and pursuit of the profession of architect, no less favourably than a national of a relevant European State,
but does not include a person who, by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession, is not to benefit from Community provisions relating to the free movement of persons and services; ;
;
c
for the definition of “disqualifying decision in another EEA State” substitute —
“disqualifying decision”, in relation to any person, means a decision which —
is made by a competent authority of a relevant European State other than the United Kingdom, and
has the effect in that State that the person is no longer lawfully established as an architect there or that the person is prohibited (even temporarily) from practising as an architect there;
;
d
omit the definitions of “EEA State”, “list of visiting EEA architects” and “national”;
e
after the definition of “the Registrar” insert —
“relevant European State” means an EEA State;
and
f
omit the word “and” at the end of the definition of “suspension order”, and after that definition insert —
“third country” means a country other than a relevant European State; and
.
2
Omit section 25(2) .
The Board and its committees
23
In Schedule 1 (the Board and its committees) —
a
for “registered persons” in paragraph 2(3) substitute “persons registered in Part 1 of the Register”;
b
for “registered person” in paragraphs 3(2), 6(1), 15(1A)(a) and (2) substitute “person registered in Part 1 of the Register”; and
c
for “registered persons,” in paragraph 13(d) substitute “persons registered in Part 1 of the Register”.
Transitional provisions
24
1
If immediately before 20th June 2008 a person is —
a
enrolled on the list of visiting EEA architects, the person is entitled as from 20th June 2008 to be registered in Part 2 of the Register of Architects; or
b
registered in the Register of Architects, the person is entitled as from 20th June 2008 to be registered in Part 1 of the Register of Architects.
2
Where an application —
a
to be registered in the Register of Architects, or
b
to be enrolled on the list of visiting EEA architects,
is made before 20th June 2008 but is not determined before that day, the Registrar of Architects shall deal with the application according to the rules in force when the application was made.
3
If an application to which paragraph (2)(a) applies is successful, the Registrar of Architects shall register the applicant in Part 1 of the Register of Architects, and shall inform the applicant that he has done so.
4
If an application to which paragraph (2)(b) applies is successful, the applicant is entitled, as from the time when the decision on the application takes effect, to be registered in Part 2 of the Register of Architects.
5
The Registrar of Architects shall give effect to entitlement under paragraph (1) or (4), and shall inform the person concerned of the registration.
6
For the purposes of paragraphs 4, 5(5) and 6 to 8 of Schedule 1A to the Architects Act 1997, entitlement under paragraph (1)(a) or (4) of this regulation shall be treated as entitlement under that Schedule that ceases, by operation of provisions of that Schedule, at the end of the period (or at the end of the latest of the periods) for which the person would (apart from these Regulations) have been enrolled on the list of visiting EEA architects.
7
Paragraph 4(8)(b) of that Schedule shall apply in relation to renewal of entitlement under paragraph (1)(a) or (4) of this regulation —
a
as if before “substantiates” there were inserted “either has never previously been supplied to the Registrar or”, and
b
with the omission of “(whether under paragraph 3 or this paragraph)”.
Revocation
25
In the Architects’ Qualifications (EC Recognition) Order 2002 , the following are revoked —
a
Articles 3, 5 and 6(2), and
b
in Article 6(1), the words “(which becomes subsection (1))”.
Savings
26
1
In this regulation —
“the old law” means the Architects Act 1997 as it stood immediately before the coming into force of these Regulations;
“the Register” means the Register of Architects;
“the saved law” means the old law as saved by paragraph (2);
“the Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 and which came into force on 1st June 2002 .
2
The old law continues (despite the amendments and revocations made by these Regulations) to have effect for the purpose of implementing the Swiss Agreement so far as that Agreement relates to Directive 85/384/EEC , but this is subject to paragraphs (3) and (4).
3
The saved law has effect with the following modifications —
a
modifications corresponding to the amendments made by regulations 5, 11, 12(a), 13(a), 15, 17, 18, 19(a) and (b) and 23;
b
the omission of section 12(1) of the saved law;
c
as if references in the saved law to the list of visiting EEA architects were references to Part 2 of the Register and as if references in the saved law to enrolment on that list were to registration in that Part;
d
as if section 20(5) of the saved law said —
5
A person registered in Part 2 of the Register may practise or carry on business under a name, style or title containing the word “architect” while visiting the United Kingdom during the period, and in respect of the services, for which the person’s registration is effective.
; and
e
as if in section 25(2) of the saved law “any” were substituted for the words from “a right conferred” to “any other”.
4
If entitlement to be registered in the Register arises under section 4 or 5 of the saved law on or after 20 th June 2008, effect is to be given to the entitlement by registering the person concerned in Part 1 of the Register.
5
Regulation 24 has effect subject to paragraph (2), so that (in particular) —
a
if a person having an entitlement under regulation 24(1) would not have been registered or enrolled before 20 th June 2008 but for the Swiss Agreement (and any enactment implementing that Agreement), or
b
if a successful application to which regulation 24(2) applies would not have been successful but for that Agreement (and any enactment implementing it),
the registration of the person or applicant in Part 1 or 2 of the Register takes effect under the saved law (and regulation 24(6) and (7) therefore cannot apply in the particular case).
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
19th May 2008


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programme of Study in Music in respect of the Third Key Stage) (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 “Music Programme of study: key stage 3”;
b
“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 “Music, The National Curriculum for England, Key Stages 1-3”, ISBN 011 3700776; and
c
“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 5(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 Music.
4
For the purposes of this Order, the examples and other passages printed in grey text or within square brackets in the Key Stage 3 Document (which serve to illustrate the programme of study described therein or relate to background information) do not form part of the provisions relating to attainment targets and the programme of study referred to in article 3.
Revocation and savings
5
1
Subject to paragraph (2), the Education (National Curriculum) (Attainment Targets and Programmes of Study in Music) (England) Order 2000 is revoked in so far as it has effect for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Music.
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Music) (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 Music; and
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 Music.
Jim Knight
Minister of State
Department for Children, Schools and Families
3rd July 2008


text:
1
1
This Order may be cited as the Bradford & Bingley plc Compensation Scheme Order 2008.
2
This Order comes into force on the day after the day on which it is made.
2
The Bradford & Bingley plc Compensation Scheme set out in the Schedule to this Order shall have effect.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
18th December 2008


text:
Title, Commencement and Interpretation
1
1
The title of this Order is the Pembrokeshire and Derwen National Health Service Trust (Transfer of Staff, Property, Rights and Liabilities) Order 2008 and it comes into force on 1 April 2008.
2
In this Order unless the context otherwise requires:
“new trust” (“ ymddiriedolaeth newydd ”) means the Hywel Dda National Health Service Trust established on 12 March 2008.
“old trust” (“ hen ymddiriedolaeth ”) means Pembrokeshire and Derwen National Health Service Trust established on 1 April 1997;
“transfer date” (“ dyddiad trosglwyddo ”) means the 1 April 2008.
Transfer of employees to the transferee
2
1
Subject to paragraph (3), any person who immediately before the transfer date, was employed by the old trust shall have his or her contract of employment transferred to the new trust on the transfer date and that contract will have effect as if originally made between the person so employed and the new trust.
2
Without prejudice to paragraph (1) above —
a
all the rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies will, by virtue of this article, be transferred to the new trust on the transfer date;
b
anything done before that date by, or in relation to, the old trust in respect of that contract or that employee, will be deemed from the transfer date to have been done by, or in relation to, the new trust.
3
Paragraphs (1) and (2) are without prejudice to any right of any employee to terminate his or her contract of employment if a substantial change is made to his or her detriment in his or her working conditions, but no such right arises by reason only of the change in employer effected by this article.
Transfer of property, rights and liabilities
3
On the transfer date all the property, rights and liabilities of the old trust, not referred to in article 2 above, are transferred to the new trust, including without limitation —
a
the duty to prepare the outstanding accounts of the old trust and to perform all statutory duties relating to those accounts;
b
the trust property of the old trust listed in Schedule 1;
c
the charities of the old trust listed in Schedule 2.
Transfer of functions of the old trust to the new trust
4
With effect from the transfer date, all the functions of the old trust are transferred to the new trust.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
28 March 2008


text:
PART 1 Introduction
Title, application and commencement
1
These Regulations —
a
may be cited as the Products of Animal Origin (Disease Control) (England) Regulations 2008;
b
apply in England only; and
c
come into force on 6th April 2008.
Interpretation: general
2
In these Regulations —
“ the Act ” means the Animal Heath Act 1981 ;
“animal” means any mammal;
“disease” means any of the following: classical swine fever; African swine fever; swine vesicular disease; rinderpest; sheep and goat plague, Newcastle disease;
“disease legislation” means any of the legislation listed in Schedule 1;
“establishment” means a slaughterhouse or a game handling establishment;
“game handling establishment” means an establishment where the preparation of wild game carcases takes place;
“inspector” means an inspector appointed as such by the Secretary of State or a local authority for the purpose of these Regulations or of the Act and, unless the context otherwise requires, includes a veterinary inspector;
“local authority” means —
in a part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough, the council of that borough;
in the city of London, the Common Council;
where there is a port health authority, that authority;
“meat” means any part of the carcase of either an animal or poultry intended for human consumption, and includes a product resulting from the processing of meat from that animal or poultry or a product resulting from the further processing of such processed meat product;
“occupier” means, in relation to any premises or establishment, the person in charge of those premises or that establishment;
“poultry” means all species of poultry reared or kept in captivity for the production of meat or eggs for human consumption, the production of other commercial products for human consumption, the restocking of supplies of game or for the purposes of any breeding programme for the production of these categories of birds;
“premises” means any land, building or place in business use, other than a slaughterhouse or game handling establishment;
“relevant date” means the date disease was confirmed at infected premises or an establishment or the date of earliest infection where the Secretary of State specifies such a date;
“slaughter” means killing for the production of food for human consumption but does not include killing wild game;
“slaughterhouse” means an establishment where the slaughter and dressing of any animal or poultry takes place;
“supply” means supply to the final consumer or to a person who then supplies to the final consumer and includes consignment for sale;
“treatment centre” means premises designated under regulation 5 for the purpose of subjecting meat to a treatment listed in Schedule 2;
“vehicle” includes —
a trailer, semi-trailer or other thing designed or adapted to be towed by another vehicle;
a detachable part of any vehicle;
a container or other structure designed or adapted to be carried on a vehicle;
“veterinary inspector” means a person appointed as such by the Secretary of State for the purposes of these Regulations or under the Act; and
“wild game” means a wild animal which is hunted for human consumption.
Restricted animal, restricted poultry and restricted meat: definitions
3
1
In these Regulations, a “restricted animal” is an animal which is —
a
at, in or from —
i
suspect premises;
ii
an establishment where a disease is suspected;
iii
infected premises;
iv
an establishment where a disease is confirmed;
v
an infected area;
vi
a protection zone; or
vii
a surveillance zone; and
b
of a species susceptible to the disease in respect of which restrictions have been imposed under disease legislation.
2
In these Regulations, “restricted poultry” is poultry which is at, in or from any of the following under the Diseases of Poultry (England) Order 2003 —
a
suspect premises;
b
a slaughterhouse where a disease is suspected;
c
infected premises;
d
a slaughterhouse where a disease is confirmed;
e
an infected area;
f
a protection zone; or
g
a surveillance zone.
3
“Suspect premises” are premises where movement restrictions are in place under disease legislation because a disease is suspected there.
4
“Infected premises” are premises where a disease has been confirmed under disease legislation.
5
An “infected area” is an area of this name declared by the Secretary of State under disease legislation following confirmation of a disease.
6
A “protection zone” is an area of this name declared by the Secretary of State under disease legislation following confirmation of a disease.
7
A “surveillance zone” is an area of this name declared by the Secretary of State under disease legislation following confirmation of a disease.
8
“Restricted meat” is meat produced from the relevant date from a restricted animal or restricted poultry from an infected area, a protection zone or a surveillance zone that has not been treated in accordance with Schedule 2 at a designated treatment centre, and includes meat that has come into contact with such meat.
Notices
4
Notices under these Regulations —
a
must be in writing; and
b
may be amended, suspended or revoked, by further notice, at any time.
Designation of premises, slaughterhouses and game handling establishments
5
1
The Secretary of State may designate any establishment or premises for the purposes of slaughtering animals or poultry, or cutting, preparing, processing, packing, wrapping, storage or treatment of meat.
2
Designation under these Regulations —
a
must be in writing;
b
may be subject to conditions; and
c
may be amended, suspended or revoked by notice.
3
Premises and establishments designated by the Scottish Ministers, the Welsh Ministers or the Department for Agriculture and Rural Development of Northern Ireland for the same purposes as they may be designated under these Regulations are designated premises or establishments for the purposes of these Regulations.
4
In these Regulations, “designated” refers to premises and establishments which are designated under this regulation.
Restrictions relating to movements from Scotland, Wales or Northern Ireland
6
1
Unless the Secretary of State directs otherwise, measures in these Regulations applying in respect of anything moved from any of the premises, establishments, areas or zones referred to in regulation 3 also apply in respect of such a movement from any equivalent premises, establishment, area or zone in Scotland, Wales or Northern Ireland.
2
This regulation only applies if the person to whom the measure applies is aware or should reasonably have been aware that the movement is from such premises, establishment, area or zone.
PART 2 Control of meat from restricted animals or restricted poultry
Meat from suspect or infected premises
7
1
Any person who is in possession of meat from a restricted animal or restricted poultry originating from the relevant date from suspect premises, or meat that has come into contact with such meat, must detain that meat until those premises are no longer suspect premises.
2
Paragraph (1) only applies if the person in possession of the meat is aware or should reasonably have been aware that the meat is from a restricted animal or restricted poultry originating from the relevant date from suspect premises, or is meat that has come into contact with such meat.
3
Any person in possession of meat produced from a restricted animal or restricted poultry originating from infected premises from the relevant date, or meat that has come into contact with such meat, must destroy that meat without delay.
Tracing of meat from infected premises
8
Any person who has owned or been in possession of meat referred to in regulation 7(3) must —
a
use best endeavours to trace that meat; and
b
inform the recipient of that meat, other than a consumer, that the meat is from infected premises.
Prohibition on supply and export of meat
9
1
A person must not —
a
supply restricted meat; or
b
export restricted meat.
2
The prohibition in paragraph (1)(a) does not apply to restricted meat from restricted poultry intended for supply on the domestic market provided —
a
the occupier of the slaughterhouse where the meat was produced complied with regulations 10, 12, 13 and 15(1) and (2);
b
any person who is in possession of the meat complies with regulations 12(2) and 13; and
c
the occupier of premises where cutting, preparing, processing, packing, wrapping, storage or treatment of the meat takes place complies with regulations 13 and 15(2) and (3).
3
The “domestic market” is the market for the sale of poultry meat in England, Scotland, Wales and Northern Ireland.
Slaughterhouses
10
1
The occupier of a slaughterhouse may only slaughter restricted animals or restricted poultry if the slaughterhouse is designated.
2
The occupier of a slaughterhouse must ensure that —
a
restricted animals are kept separate from other animals;
b
restricted animals are slaughtered separately from other animals;
c
restricted poultry are kept separated from other poultry;
d
restricted poultry are slaughtered separately from other poultry.
3
The occupier of a slaughterhouse who receives restricted animals that have not been kept separate from other animals or who has not kept restricted animals separate from other animals must, on being given notice by a veterinary inspector, deal with those other animals as restricted animals.
4
The occupier of a slaughterhouse who receives restricted poultry that have not been kept separate from other poultry or who has not kept restricted poultry separate from other poultry must, on being given notice by a veterinary inspector, deal with that other poultry as restricted poultry.
5
The occupier of a slaughterhouse where disease is suspected or has been confirmed must detain all meat in the slaughterhouse until a veterinary inspector notifies that occupier that the inspector is satisfied that detention of all or some of that meat is no longer necessary to reduce the risk of transmission of disease.
Game handling establishments
11
1
The occupier of a game handling establishment may only receive restricted meat if that establishment is designated.
2
The occupier of a game handling establishment where disease is suspected or has been confirmed must detain all meat in the game handling establishment until a veterinary inspector notifies that occupier that the inspector is satisfied that detention of all or some of that meat is no longer necessary to reduce the risk of transmission of disease.
Receipt and possession of restricted meat
12
1
The occupier of any premises or establishment may only receive restricted meat if that premises or establishment is designated.
2
Any person in possession of restricted meat must keep it separate from other meat.
Marking of meat
13
1
The occupier of an establishment must ensure that restricted meat is marked in accordance with Schedule 3.
2
A person must not be in possession or control of restricted meat unless it is marked in accordance with Schedule 3.
3
A person must not remove a mark applied under this regulation except to enable cutting, preparing, processing, packing or treatment of the restricted meat.
4
Any person who removes a mark applied under this regulation, other than a person treating meat at a treatment centre with a treatment listed in Schedule 2, must reapply the mark, with the appropriate plant approval number, after cutting, preparing, processing, packing or treatment of the meat.
Movement of restricted meat
14
No person may transport or arrange for the transport of restricted meat to premises or an establishment unless that premises or establishment is designated.
Record keeping
15
1
The occupier of a slaughterhouse where a restricted animal or restricted poultry is slaughtered must make records of the following —
a
the number and type of restricted animals or restricted poultry slaughtered;
b
the date of such slaughter;
c
the disease which caused the animals or poultry to be subject to restrictions under the disease legislation.
2
Any person who is in possession of restricted meat must make records of the following —
a
the quantity of restricted meat handled;
b
the disease which caused the meat to be subject to restrictions under the disease legislation;
c
the quantity of restricted meat placed into and removed from cold storage;
d
the date of such movement into or out of cold storage;
e
the quantity of restricted meat disposed of as animal by-product.
3
The occupier of a treatment centre where restricted meat is treated must keep records of the following —
a
the date of the treatment;
b
the species of animal from which the meat came;
c
the quantity of meat treated;
d
the treatment applied.
4
Records made under this regulation must be retained for at least 3 years from the date of the slaughter, movement or treatment to which they refer.
PART 3 Other requirements
Requirements in relation to milk and milk products
16
1
The Secretary of State may declare that requirements in respect of milk and milk products apply if he considers those requirements necessary to minimise the risk of the spread of disease.
2
“Milk and milk products” includes cows’ milk, goats’ milk, ewes’ milk and products obtained from such milk, in each case intended for human consumption.
3
A declaration under paragraph (1) —
a
must be in writing;
b
may be amended by further declaration at any time; and
c
may only be revoked by further declaration.
PART 4 Inspection, offences and enforcement
Powers and duties of inspectors
17
1
On producing, if required, a duly authenticated document showing his authority, an inspector may, at all reasonable hours, enter any premises, establishment or vehicle for the purpose of ensuring that these Regulations are being complied with.
2
An inspector may require a person in possession of any meat to detain that meat at a place specified by the inspector.
3
An inspector may require a person in possession of meat to dispose of that meat.
4
An inspector may require a person in possession of meat to treat that meat.
5
An inspector may carry out such inquiries, examinations and tests and take such samples as he considers necessary.
6
An inspector may mark any animal, meat or other thing for identification purposes.
7
An inspector may, by notice to the occupier of any premises or establishment, require the marking of any meat.
8
An inspector may, by notice to the occupier of any premises or establishment, require the tracing of any meat that the occupier has handled.
9
An inspector may, by notice to the occupier of any premises or establishment, require the cleansing and disinfection of any part of those premises.
10
An inspector may, by notice to the person in charge of any thing, require the cleansing and disinfection of that thing.
11
An inspector may, by notice to the occupier of any premises or establishment or the person in charge of any animal, or thing require —
a
the isolation of the animal, or thing in a specified place;
b
the separation of any animal, or thing from any other animal, or thing.
12
An inspector may inspect and copy any records (in whatever form they are held) kept under these Regulations and remove such records so they may be copied.
13
An inspector may inspect and check the operation of any computer and associated apparatus or material used in connection with the making and keeping of records under these Regulations.
14
An inspector may require computer records to be produced in a form which may be taken away.
15
An inspector who enters any premises, establishment or vehicle may be accompanied by —
a
such other persons as he considers necessary; and
b
any representative of the European Commission.
16
An inspector who enters an unoccupied premises or unoccupied establishment must leave them as effectively secured against unauthorised entry as the inspector found them.
Provision of reasonable assistance, information and cooperation
18
Any person to whom any requirement under these Regulations applies or who is required to give reasonable assistance or information to a person executing these Regulations must, unless that person has reasonable cause, do so without delay.
Costs of compliance
19
The costs incurred by any person in taking any action required under these Regulations, or of refraining from taking action prohibited under them, must be met by that person unless the Secretary of State directs otherwise in writing.
Powers of inspectors in case of default
20
If any person fails to comply with a requirement in or under these Regulations, an inspector may take such steps the inspector considers necessary to ensure the requirement is met at the expense of that person.
Offences and proceedings
21
1
The following provisions of the Act apply as if these Regulations were an Order made under the Act —
a
sections 66 (refusal and obstruction);
b
section 71A (prosecutions: time limit);
c
section 73 (general offences);
d
section 77 (money recoverable summarily);
e
section 79(1) to (4) (evidence and procedure);
2
Section 75 of the Act (penalties for certain summary offences) applies as if these Regulations were an Order made under the Act except that any term of imprisonment on summary conviction may not exceed three months.
Offences by bodies corporate
22
1
If an offence committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer; or
b
to be attributable to any neglect on the officer’s part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of members in connection with their functions of management as if they were directors of the body.
3
“Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
Disapplication of provisions to any person executing or enforcing these Regulations
23
Any prohibition or restriction on the movement or use of any thing under these Regulations does not apply to the following in their execution or enforcement of these Regulations —
a
the Secretary of State;
b
an inspector of the local authority;
c
any other person authorised by the Secretary of State or by the local authority to carry out such execution or enforcement.
Enforcement
24
These Regulations are to be enforced by —
a
the Secretary of State in any establishment or cutting plant; or
b
the local authority, unless the Secretary of State directs otherwise.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
21st February 2008


text:
Citation and commencement
1
This Order may be cited as the Special Restrictions on Adoptions from Abroad (Guatemala) Order 2008 and comes into force on 1st August 2008.
Declaration of special restrictions
2
Special restrictions are to apply for the time being in relation to the bringing of children into the United Kingdom from Guatemala in the cases mentioned in section 9(2) of the Children and Adoption Act 2006.
Kevin Brennan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
7th July 2008


text:
Citation
1
This Order may be cited as the Health and Social Care Act 2008 (Commencement No. 5) Order 2008.
Appointed day for Part 4 of the Health and Social Care Act 2008, relating to Health in Pregnancy Grant
2
1st January 2009 is the day appointed for the coming into force of Part 4 of the Health and Social Care Act 2008.
Tony Cunningham
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Information About Individual Pupils) (England) (Amendment) Regulations 2008 and come into force on 1st January 2009.
2
These Regulations apply only in relation to schools in England.
Amendment of the Education (Information About Individual Pupils) (England) Regulations 2006
2
1
The Education (Information About Individual Pupils) (England) Regulations 2006 are amended as follows.
2
In regulation 2 (interpretation) —
a
at the end of the definition of “unauthorised absence”, omit “and”; and
b
after the definition of “unauthorised absence”, insert —
“unique learner number”, in relation to a registered pupil at a school, means the specific combination of numbers allocated to the pupil by the Learning and Skills Council for England as that pupil’s unique learner number; and
.
3
In Part 1 of Schedule 1 (all pupils on the school register) —
a
at the end of sub-paragraph 2(j) omit “and”;
b
at the end of sub-paragraph 2(k) insert “and”; and
c
after sub-paragraph 2(k), insert —
l
unique learner number, where known.
.
Jim Knight
Minister of State
Department for Children, Schools and Families
26th November 2008


text:
PART 1
GENERAL
Citation, commencement and interpretation
1
1
This Order may be cited as the Northern Rock plc Transfer Order 2008.
2
This Order comes into force on 22nd February 2008.
3
In this Order —
“ the Act ” means the Banking (Special Provisions) Act 2008;
“the 1985 Act ” means the Companies Act 1985 ;
“the 2006 Act ” means the Companies Act 2006 ;
“ the Authority ” means the Financial Services Authority;
“the effective time” means the beginning of 22nd February 2008;
“Northern Rock” means Northern Rock plc, company registered number 3273685;
“Northern Rock’s registrar” means the person appointed by Northern Rock, as its agent, among other things to maintain its register of members;
“relevant undertaking” means Northern Rock or any of its group undertakings;
“shares in Northern Rock” means the ordinary shares, foundation shares and preference shares issued by Northern Rock;
“the transfer” means the transfer effected by article 2(1);
“the Treasury Solicitor” has the same meaning as in the Treasury Solicitor Act 1876 and whose address is One Kemble Street, London WC2B 4TS;
“the USRs ” means the Uncertificated Securities Regulations 2001 .
PART 2
TRANSFER AND REGISTRATION OF SHARES AND EXTINGUISHMENT OF RIGHTS ETC
Transfers
2
1
By virtue of this Order, the shares in Northern Rock are transferred to the Treasury Solicitor as nominee of the Treasury.
2
The transfer of shares effected under paragraph (1) shall vest title in the Treasury Solicitor —
a
free from all trusts, liabilities and incumbrances; and
b
together with all rights, benefits or privileges which attach or accrue to or arise from such shares on or after the effective time.
3
The transfer under paragraph (1) takes place at the effective time.
Registration of shares and issue of certificates
3
1
The Treasury Solicitor is entitled with effect from the effective time to be entered in the register of members of Northern Rock as holder of the shares transferred by virtue of this Order without the need for delivery of any instrument of transfer or other instrument or document and notwithstanding —
a
the absence of any required consent or concurrence to or with the transfer; and
b
any other restriction relating to the transfer.
2
The Operator of a relevant system in which any shares transferred by virtue of this Order (“relevant shares”) are held immediately prior to the effective time shall forthwith after the effective time —
a
withdraw his permission for title to the relevant shares to be transferred by means of the relevant system with effect from the effective time; and
b
inform all the system-members and Northern Rock’s registrar of the date and time the relevant shares ceased to be securities participating in the system.
3
Northern Rock shall procure that Northern Rock’s registrar shall forthwith after the effective time —
a
take such action as the Operator of a relevant system may require to convert any relevant shares held in such system immediately prior to the effective time into certificated form;
b
register in Northern Rock’s register of members (including its issuer register of members) the Treasury Solicitor as the holder of shares in Northern Rock.
4
The Operator of a relevant system in which any relevant shares are held immediately prior to the effective time, Northern Rock and Northern Rock’s registrar shall each —
a
provide each other with such information as shall be necessary to comply with this article; and
b
co-operate to ensure that the issuer register of members of Northern Rock reconciles with the Operator register of members of Northern Rock immediately prior to the effective time.
5
From the effective time and until the Treasury Solicitor is entered in Northern Rock’s register of members (including its issuer register of members) —
a
he is deemed for all purposes (including for the purposes of the 1985 Act and, when the relevant provisions of the 2006 Act come into force, the purposes of that Act and the USRs) to be —
i
the sole member of Northern Rock; and
ii
entered as holder on the Operator register of members of Northern Rock; and
b
no other person may exercise or purport to exercise in respect of Northern Rock any right deriving from any shares in Northern Rock.
6
The Treasury Solicitor is entitled from the effective time to all the rights and advantages of a member of Northern Rock to the exclusion of all other persons, notwithstanding that he is not entered in either Northern Rock’s register of members (including its issuer register of members) or the Operator register of members of Northern Rock.
7
Section 185 of the 1985 Act (duty of company as to issue of certificates) applies to Northern Rock with the following modifications —
a
the transfer by virtue of this Order is deemed to be a transfer of the first-mentioned type referred to in subsection (2) which is lodged with Northern Rock at the effective time;
b
subsections (3) to (4D) do not apply.
8
The corresponding provision of the 2006 Act to that referred to in paragraph (7) shall have effect, when it comes into force, subject to modification to similar effect as referred to in that paragraph.
9
In paragraph (8), “corresponding provision” has the same meaning as in section 1297 of the 2006 Act (continuity of the law).
10
In this article “certificated”, “issuer register of members”, “Operator”, “Operator register of members”, “relevant system” and “system-member” have the meanings given in the USRs.
Extinguishment of rights in relation to shares
4
1
By virtue of this Order any right or other entitlement granted by —
a
a relevant undertaking; or
b
a person not within sub-paragraph (a), by reason of or in connection with —
i
any individual’s office or employment with a relevant undertaking; or
ii
the services provided by any individual to a relevant undertaking,
to receive shares in Northern Rock (whether by subscription, conversion or otherwise) is extinguished with effect from the effective time.
2
This article shall not apply to any right or entitlement to which article 5 applies.
Interest payments in relation to Tier 1 notes
5
1
This article applies if, while Northern Rock is wholly owned by the Treasury, Northern Rock would, but for this article, be obliged under the terms of any Tier 1 notes or arrangements relating to Tier 1 notes to issue ordinary shares in Northern Rock to satisfy entitlements to interest payments.
2
The Treasury may give notice to Northern Rock and the trustee for the holders of Tier 1 notes (“the trustee”) that they —
a
intend to settle interest payments in respect of any Tier 1 notes in cash pursuant to paragraph (3); or
b
require Northern Rock to settle interest payments in respect of any Tier 1 notes by Northern Rock issuing further Tier 1 notes to the trustee pursuant to paragraph (4).
3
Upon the giving of the notice referred to in paragraph (2)(a), unless and until the Treasury specify otherwise —
a
any obligation of Northern Rock to issue ordinary shares to the trustee is replaced by an obligation of Northern Rock to issue ordinary shares or, if so specified in the notice, further Tier 1 notes, to the Treasury Solicitor;
b
on each date when, but for this article, Northern Rock would be required to satisfy an entitlement referred to in paragraph (1) the Treasury shall pay an amount equal to the interest payments to or to the order of the trustee; and
c
Northern Rock shall have no further obligation in respect of the interest payments.
4
Upon the giving of the notice referred to in paragraph (2)(b), unless and until the Treasury specify otherwise —
a
any obligation of Northern Rock to issue ordinary shares to the trustee shall be replaced by an obligation of Northern Rock to issue further Tier 1 notes to the trustee;
b
Northern Rock shall issue that number of further Tier 1 notes which is necessary to cover the entitlement of the holders of relevant Tier 1 notes in respect of the interest payments; and
c
Northern Rock shall have no further obligation in respect of the interest payments.
5
In this article —
“further Tier 1 notes” means further Tier 1 notes which are on the same terms as the Tier 1 notes, subject to any modifications specified in the notice given by the Treasury under paragraph (2)(b) which the Treasury may consider appropriate, whether to ensure the inclusion of such notes in Northern Rock’s innovative tier one capital resources or otherwise;
“Tier 1 notes” means —
the £200,000,000 7.053 per cent callable perpetual core tier one notes of Northern Rock constituted by a trust deed dated 21st August 2002, and
the £300,000,000 8.399 per cent, step-up callable perpetual reserve capital instruments of Northern Rock constituted by a trust deed dated 21 September 2000 as supplemented by a supplemental trust deed dated 24th May 2001;
“innovative tier one capital resources” has the meaning given in the Glossary to the Authority’s Handbook;
“Handbook” means the handbook containing provisions made by the Authority under Part 10 of FSMA 2000.
Conversion of foundation shares into ordinary shares etc.
6
1
Immediately after the effective time, each foundation share issued by Northern Rock shall, by virtue of this Order, convert into and be redesignated as one ordinary share in Northern Rock notwithstanding any provision in the articles of association of Northern Rock and without the need for approval of any person.
2
Northern Rock’s company secretary shall within one month after the effective time notify the registrar of companies of the alteration of the share capital of Northern Rock in accordance with section 122 of the 1985 Act (notice to registrar of alteration).
3
The conversion and redesignation of the foundation shares by virtue of this Order shall be treated as having been carried out by Northern Rock under and in accordance with article 8.6 of its articles of association (save that article 8.22 shall not apply) and the Deed of Covenant made on 30th September 1997 between Northern Rock and the Northern Rock Foundation shall terminate immediately after such conversion and redesignation.
Minimum membership for carrying on business
7
1
While Northern Rock is wholly owned by the Treasury, section 24 of the 1985 Act (minimum membership for carrying on business) shall not apply in relation to Northern Rock or any member of Northern Rock.
2
No petition shall be presented for the winding up of Northern Rock on the ground that the number of its members is less than the number required by law, nor shall any person be liable on that ground as a member of the company for the payment of any of its debts.
PART 3
MEETINGS, DIRECTORS AND PROCEEDINGS
Resolutions and meetings
8
1
Any meeting of members of Northern Rock held while Northern Rock is wholly owned by the Treasury shall, if the Treasury Solicitor is present in person or by proxy or authorises a corporate representative to attend, be deemed to be a duly constituted general meeting of the company notwithstanding that it may not have been properly called, or notice of it may not have been properly given, or any quorum required by Northern Rock’s articles of association may not be present.
2
Notwithstanding any provision in the articles of association of Northern Rock, an appointment of a proxy for the Treasury Solicitor —
a
may be in any written form (including in an electronic communication);
b
need not be given with any period of notice;
c
shall not require the approval of the board of Northern Rock;
d
is deemed to be given in accordance with the articles of association.
3
A resolution of the company is effective notwithstanding that special notice (notice of intention to move it given to company at least 28 days before the meeting at which it is moved) of the resolution is required by any provision of the 1985 Act or 2006 Act but has not been given.
Removal of directors
9
1
While Northern Rock is wholly owned by the Treasury, the Treasury may in accordance with this article —
a
remove any person as a director of a relevant undertaking;
b
terminate a director’s service contract with any relevant undertaking.
2
For the purposes of any contract or arrangement between a person and a relevant undertaking, action taken under paragraph (1) shall be treated as having been carried out by the relevant undertaking and, in the case of paragraph (1)(a), under and in accordance with its articles of association.
3
The Treasury may remove a person as a director of a relevant undertaking and may terminate his service contract by written notice to the relevant undertaking.
4
Any notice given in accordance with paragraph (3) shall take effect from the date specified in the notice.
5
A relevant undertaking which receives notice under paragraph (3) shall notify the person to whom the notice relates of that fact as soon as reasonably practicable.
6
A person —
a
removed as director of a relevant undertaking, or
b
whose service contract with a relevant undertaking is terminated,
in accordance with this article shall not have any right or claim against the Treasury or any company wholly owned by the Treasury (other than a relevant undertaking) in consequence of the Treasury’s actions under this article.
7
This article is not to be taken —
a
as depriving any person removed under it of compensation or damages payable to him by a relevant undertaking in respect of —
i
the termination of his appointment as director or of any appointment terminating with that as director; or
ii
the termination of his service contract; or
b
as derogating from any power to remove a director or to terminate a director’s service contract that may exist apart from this article.
8
In this article and in article 10, “service contract” has the meaning given by section 227 of the 2006 Act (directors’ service contracts).
Appointment of directors
10
1
While Northern Rock is wholly owned by the Treasury, the Treasury may appoint one or more directors of a relevant undertaking in accordance with this article and notwithstanding any restriction in the articles of association of the relevant undertaking.
2
The Treasury may appoint a director of a relevant undertaking by written notice to the relevant undertaking provided the appointee has agreed to act in such a capacity.
3
The appointment shall take effect from the date specified in the notice.
4
The Treasury may determine the terms (including remuneration) of the service contract of a person appointed as a director under this article in whatever written form they see fit.
5
Any appointment, contract or arrangement which is made or the terms of which are determined under this article is to be treated as made or entered into by the relevant undertaking in question.
6
This article is not to be taken as derogating from any power to appoint a director or determine the remuneration and other terms and conditions of a director’s service contract that may exist apart from this article.
Proceedings against directors of Northern Rock
11
1
No director of a relevant undertaking shall be liable for any act or omission of the director, acting in such capacity, which occurs while Northern Rock is wholly owned by the Treasury and accordingly no proceedings may be brought (or in Scotland, raised) against any such director in respect of such matters.
2
The Treasury may in writing —
a
waive the effect of paragraph (1), and
b
give consent to bring (or in Scotland, raise) such proceedings against such directors.
3
Where paragraph (1) applies, section 232 of the 2006 Act (provisions protecting directors from liability) shall not apply to a relevant undertaking.
4
In this article —
“proceedings” includes proceedings under Part 11 of the 2006 Act (derivative claims and proceedings by members);
“director” means —
a person who is appointed as a director while Northern Rock is wholly owned by the Treasury, whether or not he has ceased to be a director when proceedings in respect of that liability commenced;
a person who was a director immediately before the effective time and whose continuing appointment as director while Northern Rock is wholly owned by the Treasury, the Treasury approves in writing, whether or not he has ceased to be a director at the time when proceedings in respect of that liability commenced; and
an alternate director of a person falling within sub-paragraph (a) or (b).
Modification of rights in relevant instruments
12
1
The consequences specified in paragraph (3) 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 this Order.
2
Any circumstances which, but for paragraph (1), would give rise to the consequences specified in paragraph (3) shall not be taken to have arisen for the purposes of any relevant instrument.
3
The consequences are —
a
the termination of the relevant instrument or any rights or obligations under it;
b
any right to terminate the 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; or
i
any other right or remedy (whether or not similar in kind to those referred to in paragraphs (a) to (h)) arising or becoming exercisable.
4
Without prejudice to paragraph (3), 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 this Order, 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.
5
This article does not apply to any action taken by the Treasury under article 9.
6
In this article —
“relevant instrument” has the meaning given 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 Northern Rock and those undertakings whose assets and liabilities, profits and losses are consolidated in the consolidated accounts of Northern Rock.
PART 4
DE-LISTING, APPROVAL ETC.
De-listing
13
1
By virtue of this Order, the listing of any shares of Northern Rock is discontinued with effect from the effective time without the need for any notice to, or consent of, Northern Rock or any other person.
2
In paragraph (1), “listing” has the meaning given in section 74 of FSMA 2000.
Approved persons
14
1
While Northern Rock is wholly owned by the Treasury the requirements imposed on Northern Rock and any subsidiary undertaking by section 59 of FSMA 2000 (approval for particular arrangements) in relation to directors (including non-executive directors) and the chief executive officer shall be deemed to be satisfied in relation to Northern Rock and any subsidiary undertaking, provided that at all material times the Authority is satisfied that at least two individuals who effectively direct the business of Northern Rock are of sufficiently good repute and have sufficient experience to perform controlled functions in that respect.
2
The Treasury may give written notice to the Authority that paragraph (1) is no longer to apply.
3
At least one month prior to giving a notice under paragraph (2) the Treasury shall give written notice to Northern Rock or the relevant undertaking of its intention to give a notice to the Authority under paragraph (2).
4
In paragraph (1) —
“controlled functions” has the meaning given in section 59(3) of FSMA 2000.
PART 5
AUTHORITY’S RULE-MAKING POWER
Modification to Authority’s rule-making power
15
1
Subsections (1) and (1A) of section 138 of FSMA 2000 (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 3 of the Banking (Special Provisions) Act 2008
.
2
Section 148(2) of FSMA 2000 (modification or waiver of rules) shall also apply —
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 FSMA 2000 shall not prevent the Authority from modifying or waiving rules in relation to a relevant undertaking 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
16
1
Section 155(7) of FSMA 2000 (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 3 of the Banking (Special Provisions) Act 2008.
2
Section 157 of FSMA 2000 (guidance) has effect as if modified by adding after subsection (3) —
3A
Section 155(7) applies to proposed guidance with the modification made by article 16(1) of the Northern Rock Plc Transfer Order 2008.
.
PART 6
MISCELLANEOUS
Shadow directorship
17
1
While Northern Rock is wholly owned by the Treasury, for the purposes of the provisions listed in the Schedule to this Order, none of the persons listed in paragraph (3) shall be regarded as a shadow director or (unless otherwise appointed as a director) a person discharging managerial responsibilities of a relevant undertaking.
2
For the purposes of the definition of “director” in section 417 of FSMA 2000 (definitions), none of the persons listed in paragraph (3) shall be regarded as a person in accordance with whose directions or instructions (not being advice given in a professional capacity) the directors of a relevant undertaking are accustomed to act while Northern Rock is wholly owned by the Treasury.
3
The persons are —
a
a Minister of the Crown;
b
the Treasury;
c
the Treasury Solicitor;
d
the Bank of England;
e
persons —
i
employed by or under; or
ii
acting on behalf of,
any of the persons in paragraph (3).
Northern Rock and freedom of information
18
1
This article applies while Northern Rock is wholly owned by the Treasury.
2
A relevant undertaking shall be deemed —
a
not to be a publicly-owned company for the purposes of section 3(1)(b);
b
not to hold information on behalf of the Treasury for the purposes of section 3(2)(b);
of the Freedom of Information Act 2000 (public authorities) .
Notification requirement
19
1
The Treasury must notify the Authority of the making of this Order.
2
A notification under paragraph (1) —
a
may be given by such means as the Treasury consider appropriate;
b
must be given to the Authority as soon as reasonably practicable after the effective time.
3
On receiving a notification under paragraph (1), the Authority must in turn notify any relevant EEA authority of the making of the Order.
4
A notification under paragraph (3) —
a
may be given by such means as the Authority considers appropriate;
b
must be given to the relevant EEA authority as soon as reasonably practicable after the Authority is notified under paragraph (1).
5
“Relevant EEA authority” means any regulatory authority in an EEA state that exercises functions in relation to any office or branch of the authorised deposit-taker in question in that state.
Modification of provision on liability in relation to Operator’s functions
20
1
Section 291 of FSMA 2000 (liability in relation to recognised body’s regulatory functions) shall have effect as if the following modifications are made.
2
In subsection (1) —
a
after “its officers and staff” add “and an Operator and its officers and staff”;
b
after “recognised body’s” add “or the Operator’s”.
3
In subsection (3) at the end add —
and the functions of the Operator so far as relating to, or matters arising out of, the obligations to which the Operator is subject under the Northern Rock plc Transfer Order 2008.
4
In this section, “Operator” has the meaning given in the Uncertificated Securities Regulations 2001
.
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
21st February 2008


text:
Citation and commencement
1
These Regulations may be cited as the Childcare (Supply and Disclosure of Information) (England) (Amendment) Regulations 2008 and come into force on 1st September 2008.
Amendment to the Childcare (Supply and Disclosure of Information) (England) Regulations 2007
2
The Childcare (Supply and Disclosure of Information) (England) Regulations 2007 are amended as follows.
3
In regulation 2 (interpretation), in the definitions of “registered person” and “registration”, after “Chapter” insert “2, 3 or”.
4
In regulation 4 (supply of information to Her Majesty’s Revenue and Customs) —
a
in paragraph (1)(b), for “6(a), (c), (d) and (e)” substitute “6, 9 and 10”, and
b
in paragraph (2)(a), after “has been cancelled”, insert “and the date of cancellation”.
5
In regulation 5 (supply of information to local authorities), in paragraph (2)(a), after “has been cancelled”, insert “and the date of cancellation”.
6
In regulation 7 (disclosure of information to protect children from harm or neglect), in paragraph (a), before “Part 1” insert “paragraphs 1 to 4 and 5A of”.
7
In regulation 9 (required provision of information to various prescribed persons), in paragraph (3)(b), for “and 12” substitute “, 12 and 13”.
8
In regulation 10 (required provision of information to parents), in paragraph (3) —
a
in sub-paragraph (a), for “3” substitute “4”; and
b
in sub-paragraph (b), after “paragraphs” insert “8,”.
9
In Schedule 1 —
a
in paragraph 5, omit “and, if applicable, the date on which the registration ceased”;
b
after paragraph 5, insert —
5A
Whether the person is registered under Chapter 2 (regulation of early years provision), Chapter 3 (regulation of later years provision for children under 8) or Chapter 4 (voluntary registration) of Part 3 of the Act .
;
c
at the end of paragraph 6, insert —
and,
in relation to a step mentioned in any of sub-paragraphs (b) to (e), the date on which the step was taken.
;
d
in paragraph 16, after “section” insert “39, 59 or”; and
e
after paragraph 17, insert —
18
Information about the most recent inspection by the Chief Inspector of the childcare in respect of which that person is registered, including information as to how to obtain a copy of any report made by the Chief Inspector in relation to that inspection.
.
Beverley Hughes
Minister of State
Department for Children, Schools and Families
31st March 2008