type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Armed Forces (Service Police Amendments) Order 2007 and shall come into force on the day after that on which it is made.
2
The Schedule to this Order shall have effect.
Derek Twigg
Under Secretary of State
Ministry of Defence
27th June 2007


text:
1
This Order may be cited as the Discharge of Fines by Unpaid Work (Pilot Schemes) (Amendment) Order 2007 and shall come into force on 30th March 2007.
2
The Discharge of Fines by Unpaid Work (Pilot Schemes) Order 2004 shall be amended as follows —
a
in article 2 for the words “31st March 2007”, substitute “31st March 2008”; and
b
in the Schedule, after the entries relating to the local justice areas in Gloucestershire of Gloucester, Stroud and Forest of Dean, insert —
Local Justice Areas in South Wales:
Cardiff
Cynon Valley
Merthyr Tydfil
Miskin
Neath Port Talbot
Newcastle and Ogmore
Swansea County
Vale of Glamorgan
.
On the authority of the Lord Chancellor
Harriet Harman
Parliamentary-Under Secretary of State
Department of Constitutional Affairs
8th March 2007


text:
Citation and commencement
1
1
This Order may be cited as the District of West Wiltshire (Electoral Changes) Order 2007.
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2007, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2007.
Interpretation
2
In this Order —
“district” means the district of West Wiltshire;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
“map” means the map marked “Map referred to in the District of West Wiltshire (Electoral Changes) Order 2007”, of which prints are available for inspection at the principal office of the Electoral Commission: and any reference to a numbered sheet is a reference to the sheet of the map which bears that number;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 ; and
“registration officer” means an officer appointed for the purpose of, and in accordance with, section 8 of the Representation of the People Act 1983.
Wards of the district of West Wiltshire
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-four wards which shall be named as set out in column (1) of the Schedule.
3
Each ward shall comprise the area described in column (2) of the Schedule by reference to parishes and parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines.
4
The number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Bradford-on-Avon
4
1
The existing wards of the parish of Bradford-on-Avon shall be abolished.
2
The parish shall be divided into two wards which shall be named Bradford-on-Avon North and Bradford-on-Avon South.
3
Each ward shall comprise the area designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each ward shall be six.
Wards of the parish of Melksham
5
1
The existing wards of the parish of Melksham shall be abolished.
2
The parish shall be divided into three wards which shall be named Melksham East, Melksham North and Melksham Spa.
3
Each ward shall comprise the area designated on sheet 1 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for Melksham East ward shall be seven, for Melksham Spa ward shall be six and for Melksham North ward shall be two.
Wards of the parish of Trowbridge
6
1
The existing wards of the parish of Trowbridge shall be abolished.
2
The parish shall be divided into seven wards which shall be named Trowbridge Bradley Road, Trowbridge Central, Trowbridge East, Trowbridge North East, Trowbridge North West, Trowbridge South West and Trowbridge Whiterow Park.
3
Each ward shall comprise the area designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for Trowbridge East ward shall be five, for each of Trowbridge Central and Trowbridge South West wards shall be four, for Trowbridge North East ward shall be three, for Trowbridge North West ward shall be two and for each of Trowbridge Bradley Road and Trowbridge Whiterow Park wards shall be one.
Wards of the parish of Westbury
7
1
The existing wards of the parish of Westbury shall be abolished.
2
The parish shall be divided into two wards which shall be named Westbury Ham and Westbury Laverton.
3
Each ward shall comprise the area designated on sheets 3 and 4 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for Westbury Ham ward shall be nine and for Westbury Laverton ward shall be seven.
Map
8
West Wiltshire District Council shall make a print of the map available for inspection at its offices by any member of the public at any reasonable time.
Electoral register
9
The registration officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Sealed with the seal of the Electoral Commission on the 8th day of February 2007
Sam Younger
Chairman of the Commission
8th February 2007
Jacqui Dixon
Secretary to the Commission
8th February 2007


text:
Citation and commencement
1
These Regulations may be cited as the Police (Fingerprints) Regulations 2007 and shall come into force on 1st May 2007.
Amendments to the Special Constables Regulations 1965
2
1
The Special Constables Regulations 1965 are amended as follows.
2
After regulation 1 insert the following regulation —
Fingerprints
1A
1
Every special constable shall in accordance with the directions of the chief officer have his fingerprints taken.
2
Fingerprints of special constables taken in accordance with paragraph (1) shall be kept separate from the fingerprints of persons whose fingerprints have been taken otherwise than in accordance with that paragraph or regulation 18(1) of the Police Regulations 2003 .
3
The fingerprints of a special constable taken in accordance with paragraph (1) or regulation 18(1) of the Police Regulations 2003 and all copies and records of those fingerprints shall be destroyed on his ceasing to be a special constable for the police area for which he is appointed, except that —
a
if on his ceasing to be a special constable he becomes a member of the police force maintained for that area, his fingerprints shall be kept in accordance with regulation 18(2) of the Police Regulations 2003, and
b
if on his ceasing to be a special constable for that police area he becomes a member of another police force or is appointed as a special constable for another police area, his fingerprints and all copies and records of those fingerprints shall be transferred to the chief officer of that other police force and kept in accordance with regulation 18(2) of the Police Regulations 2003 or paragraph (2) as the case may be.
.
Amendments to the Police Regulations 2003
3
1
Regulation 18 of the Police Regulations 2003 (fingerprints) is amended as follows.
2
In paragraph (2) after “in accordance with that paragraph” insert “or regulation 1A(1) of the Special Constables Regulations 1965”.
3
For paragraph (3) substitute —
3
The fingerprints of a member of a police force taken in accordance with paragraph (1) or regulation 1A(1) of the Special Constables Regulations 1965 and all copies and records of those fingerprints shall be destroyed on his ceasing to be a member of that force, except that —
a
if on his ceasing to be a member of that force he becomes a special constable for the police area for which that force is maintained, his fingerprints shall be kept in accordance with regulation 1A(2) of the Special Constables Regulations 1965, and
b
if by reason of a statutory transfer he becomes a member of another force, or if he is appointed as a special constable for another police area, his fingerprints and all copies and records of those fingerprints shall be transferred to the chief officer of that other police force and kept in accordance with paragraph (2) or regulation 1A(2) of the Special Constables Regulations 1965 as the case may be.
.
Tony McNulty
Minister of State
Home Office
2nd April 2007


text:
1
This Order may be cited as the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Educational Recording Agency Limited) Order 2007.
2
The licensing scheme set out in the Schedule to this Order is certified for the purposes of section 35 of, and paragraph 6 of Schedule 2 to, the Copyright, Designs and Patents Act 1988.
3
The certification under article 2 shall come into operation on 1st April 2007.
Malcolm Wicks
Minister of State for Science and Innovation
Department of Trade and Industry
1st February 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rent Officers (Housing Benefit Functions) Amendment Order 2007.
2
This article and articles 2 (application of the Rent Officers Order ), 3 (amendment of the Rent Officers Order), 11 (application of the Rent Officers (Scotland) Order ) and 12 (amendment of the Rent Officers (Scotland) Order) shall come into force on 20th March 2008.
3
Articles 4 and 13 shall come into force on 20th March immediately after the coming into force of articles 2, 3, 11 and 12.
4
Articles 5 to 10 and 14 to 19 shall come into force on 7th April 2008.
5
In this Order —
“local authority” has the same meaning as in the Social Security Administration Act 1992 ;
“the Rent Officers Order” means the Rent Officers (Housing Benefit Functions) Order 1997 ; and
“the Rent Officers (Scotland) Order” means Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 .
Application of the Rent Officers Order
2
Those provisions of the Rent Officers Order which on 19th March 2008 apply only in relation to the area of a local authority listed in the Schedule, shall apply in the same way to the area of every other local authority in England and Wales.
Amendment of the Rent Officers Order
3
The Rent Officers Order shall be amended in accordance with the following provisions of this Order.
Amendments to the Rent Officers Order relating to the local housing allowance coming into force on 20th March 2008
4
1
In article 2 (interpretation) —
a
in the definition of “broad rental market area” after “paragraph 4 of Part 1 of Schedule 3A” insert “or paragraph 4 of Schedule 3B, as the case may be,”;
b
in the definition for “broad rental market area determination” after “article 4B(1)” insert “or 4B(1A), as the case may be”;
c
in the definition of “local housing allowance determination” after “article 4B(2)” insert “or article 4B(2A), as the case may be”;
d
after the definition of “tenancy” add —
working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 .
.
2
In article 4B (broad rental market area determinations and local housing allowance determinations) —
a
in paragraph (1) for “local authority” in the first place in which it occurs substitute “pathfinder authority”;
b
after paragraph (1) insert —
1A
On 20th March 2008 and so often thereafter as a rent officer considers appropriate, a rent officer shall, in relation to each local authority, —
a
determine one or more broad rental market areas which will (during the month which next begins after the determination is made) fall, in whole or in part, within the area of the local authority so that every part of the area of that local authority falls within a broad rental market area and no part of the area of that authority falls within more than one broad rental market area; and
b
give to that local authority a notice which —
i
specifies the area contained within each broad rental market area as falls, in whole or in part, within the area of that authority, by reference to the postcodes for each such broad rental market area; and
ii
identifies such of those postcodes as fall within the area of that authority.
;
c
after paragraph (2) insert —
2A
No more than 10 and not less than 8 working days before the end of each month a rent officer shall —
a
for each broad rental market area determine, in accordance with the provisions of Schedule 3B —
i
a local housing allowance for each of the categories of dwelling set out in paragraph 1 of Schedule 3B; and
ii
local housing allowances for such other categories of dwelling of more than five bedrooms as a rent officer believes are likely to be required for the purpose of calculating housing benefit; and
b
give to each local authority notice of the local housing allowance determination made in accordance with paragraph (a) for each broad rental market area falling within, in whole or in part, the area of that authority.
;
d
after paragraph (3) insert —
3A
Any broad rental market area determination made in accordance with paragraph (1A), or local housing allowance determination made in accordance with paragraph (2A) before 7th April 2008, shall take effect on 7th April 2008 and any subsequent determination shall take effect on the first working day of the month which begins after the day on which the determination is made.
;
e
after paragraph (5) insert —
6
Where a rent officer has made a local housing allowance determination in accordance with paragraph (2A) he shall —
a
make an approximate monthly allowance determination in relation to that local housing allowance determination; and
b
give notice of the approximate monthly allowance determination to each authority to which he is required to give notice of the local housing allowance determination when he gives notice of that determination.
.
3
In article 7A (errors) —
a
in paragraph (3) —
i
after “broad rental market area determination” insert “determined in accordance with article 4B(1)”;
ii
after “local housing allowance determination” insert “determined in accordance with article 4B(2)”;
b
after paragraph (3) insert —
4
If a rent officer is of the opinion that he has made an error (other than in the application of his professional judgement) in relation to a broad rental market area determination determined in accordance with article 4B(1A) or a local housing allowance determination determined in accordance with article 4B(2A), he shall notify any local authority to which notification of that determination was sent of the error, and the amended determination, as soon as practicable after he becomes aware of it.
.
4
After Schedule 3A insert —
SCHEDULE 3B
Broad rental market area determinations and local housing allowance determinations
Article 4B
Categories of dwelling
1
1
The categories of dwelling for which a rent officer is required to determine a local housing allowance in accordance with article 4B(2A)(a)(i) are —
a
a dwelling where the tenant has the exclusive use of only one bedroom and where the tenancy provides for him to share the use of one or more of —
i
a kitchen;
ii
a bathroom;
iii
a toilet; or
iv
a room suitable for living in;
b
a dwelling where the tenant (together with his partner where he has one) has the exclusive use of only one bedroom and exclusive use of a kitchen, a bathroom, a toilet and a room suitable for living in;
c
a dwelling where the tenant has the use of only two bedrooms;
d
a dwelling where the tenant has the use of only three bedrooms;
e
a dwelling where the tenant has the use of only four bedrooms;
f
a dwelling where the tenant has the use of only five bedrooms.
2
In —
a
sub-paragraph (1)(b) “partner” has the same meaning as in regulation 2 of the Housing Benefit Regulations or, as the case may be, regulation 2 of the Housing Benefit (State Pension Credit) Regulations ;
b
sub-paragraph (1)(c) to (f) “bedroom” means a bedroom, except for a bedroom which the tenant shares with any person other than —
i
a member of his household;
ii
a non-dependant of the tenant (within the meaning of regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations); or
iii
a person who pays rent to the tenant.
Local housing allowance for category of dwelling in paragraph 1
2
1
Subject to paragraph 3 (anomalous local housing allowances), the rent officer must determine a local housing allowance for each category of dwelling in paragraph 1 in accordance with the following sub-paragraphs.
2
The rent officer must compile a list of rents.
3
A list of rents means a list in ascending order of the rents which, in the rent officer’s opinion, are payable at the date of the determination for a dwelling let under an assured tenancy which meets the criteria specified in sub-paragraph (5).
4
The list must include any rents which are of the same amount.
5
The criteria for including an assured tenancy on the list of rents in relation to each category of dwelling specified in paragraph 1 are —
a
that the dwelling let under the assured tenancy is in the broad rental market area for which the local housing allowance for that category of dwelling is being determined;
b
that the dwelling is in a reasonable state of repair; and
c
that the assured tenancy permits the tenant to use exclusively or share the use of, as the case may be, the same number and type of rooms as the category of dwelling in relation to which the list of rents is being compiled.
6
Where rent is payable other than weekly the rent officer must use the figure which would be payable if the rent were to be payable weekly by —
a
multiplying the rent by an appropriate figure to obtain the rent for a year;
b
dividing the total in (a) by 365; and
c
multiplying the total in (b) by 7.
7
When compiling the list of rents for each category of dwelling, the rent officer must —
a
assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy; and
b
exclude the amount of any rent which, in the rent officer’s opinion, is fairly attributable to the provision of services performed for, or facilities (including the use of furniture) provided for, or rights made available to, the tenant which are ineligible to be met by housing benefit.
8
When compiling the list of rents, the rent officer may include rents in other similar areas in which he believes a comparable market exists where he is not satisfied that the broad rental market area contains a sufficient number of dwellings that accord with the relevant category of dwelling set out in paragraph 1 to enable him to make a local housing allowance determination.
9
The local housing allowance for each category of dwelling specified in paragraph 1 is the amount of the median rent in the list of rents for that category of dwelling.
10
The median rent is determined as follows —
a
where there is an even number of rents on the list, the formula is —
the amount of the rent at P  +  the amount of the rent at P1
2
=  the local housing allowance
where P is the position on the list defined by dividing the number of rents on the list by 2 and P1 is the following position on the list.
b
where there is an odd number of rents on the list, the formula is —
the number of rents on the list  +  1
2
=  L
where L is the position on the list in which the rent used to identify the local housing allowance lies.
11
Where the median rent is not a whole number of pence, the rent must be rounded to the nearest whole penny by disregarding any amount less than half a penny and treating any amount of half a penny or more as a whole penny.
Anomalous local housing allowances
3
1
Where —
a
the rent officer has determined the local housing allowance for each of the categories of dwelling in paragraph 1(1) in accordance with the preceding paragraphs of this Schedule; and
b
the local housing allowance for a category of dwelling in paragraph 1(1)(b) to (f) is lower than the local housing allowance for any of the categories of dwelling which precede it,
that local housing allowance shall be the same as the highest local housing allowance which precedes it.
2
Where —
a
the rent officer has determined a local housing allowance following an application made under article 4B(4); and
b
that local housing allowance is lower than the local housing allowance for the category of dwelling in paragraph 1(1)(f),
that local housing allowance shall be the same as the local housing allowance for the category of dwelling in paragraph 1(1)(f).
Broad rental market area
4
In this Schedule “broad rental market area” means an area —
a
comprising two or more distinct areas of residential accommodation, each distinct area of residential accommodation adjoining at least one other in the area;
b
within which a person could reasonably be expected to live having regard to facilities and services for the purposes of health, education, recreation, personal banking and shopping, taking account of the distance of travel, by public and private transport, to and from facilities and services of the same type and similar standard; and
c
containing residential premises of a variety of types, and including such premises held on a variety of tenancies.
.
Amendments to the Rent Officers Order relating to the local housing allowance coming into force on 7th April 2008
5
1
In article 3(2)(a) (determinations) omit “, except for a local authority which is a pathfinder authority,”.
2
In article 4B(6) (broad rental market area determinations and local housing allowance determinations) after “paragraph (2A)” insert “, (4) or (4A)”.
Amendments to the Rent Officers Order relating to the local housing allowance coming into force on 7th April 2008 save for certain purposes
6
1
This article shall not apply where —
a
a board and attendance determination, board and attendance redetermination, substitute board and attendance determination or substitute board and attendance redetermination is to be made and the application for the board and attendance determination or original board and attendance determination was made by virtue of regulation 13A(6) of the Housing Benefit Regulations 2006 or, as the case may be, regulation 13A(6) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force immediately before 7th April 2008;
b
a local housing allowance determination is to be made and the application was made by virtue of regulation 13A(4) or (5) of the Housing Benefit Regulations 2006 or, as the case may be, regulation 13A(4) or (5) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force immediately before 7th April 2008; or
c
an error in relation to a broad rental market area determination, local housing allowance determination, board and attendance determination or a board and attendance redetermination is to be corrected and the original determination was made in accordance with the Rent Officers Order as in force immediately before 7th April 2008.
2
For the purpose of sub-paragraph (1)(c) “original determination” means the broad rental market area determination, local housing allowance determination, board and attendance determination or board and attendance redetermination to which the correction of an error relates.
3
In article 2 —
a
for the definition of “broad rental market area” substitute —
“broad rental market area” has the meaning specified in paragraph 4 of Schedule 3B;
;
b
for the definition of “broad rental market area determination” substitute —
“broad rental market area determination” means a determination made in accordance with article 4B(1A);
;
c
for the definition of “local housing allowance determination” substitute —
“local housing allowance determination” means a determination made in accordance with article 4B(2A);
;
d
omit the definition of “pathfinder authority”.
e
for the definition of “relevant date” substitute —
“relevant date” means the date specified by a local authority in an application for a local housing allowance determination made in accordance with regulation 13D(7)(a) of the Housing Benefit Regulations or, as the case may be, regulation 13D(7)(a) of the Housing Benefit (State Pension Credit) Regulations;
.
4
In article 4B (broad rental market area determinations and local housing allowance determinations) —
a
omit paragraphs (1), (2) and (3);
b
for paragraph (4) substitute —
4
Where a local authority makes an application in accordance with regulation 13D(7)(a) of the Housing Benefit Regulations or, as the case may be, regulation 13D(7)(a) of the Housing Benefit (State Pension Credit) Regulations, a rent officer shall determine, in accordance with the provisions of Schedule 3B and as soon as is reasonably practicable, the local housing allowance for that category of dwelling at the relevant date, for each broad rental market area falling within, in whole or in part, the area of the local authority that made the application, at the relevant date.
4A
Where a local authority makes an application in accordance with regulation 13D(8) of the Housing Benefit Regulations or, as the case may be, regulation 13D(8) of the Housing Benefit (State Pension Credit) Regulations, a rent officer shall determine in accordance with the provisions of Schedule 3B and as soon as is reasonably practicable, the local housing allowance for that category of dwelling for each broad rental market area falling within, in whole or in part, the areas of the local authority.
.
c
in paragraph (5) —
i
in sub-paragraph (a) for “pathfinder authority” substitute “local authority”;
ii
in sub-paragraph (b) after “relevant date falls” insert “, except that no such determination can have effect before 7th April 2008”;
iii
in sub-paragraph (c) after “sub-paragraph (a)” insert “, except that no such determination can have effect before 7th April 2008”.
5
For article 4C(1) and (2) (board and attendance determinations and notifications) substitute —
4C
1
Where a relevant authority makes an application to a rent officer in accordance with regulation 13D(10) of the Housing Benefit Regulations or, as the case may be, regulation 13D(10) of the Housing Benefit (State Pension Credit) Regulations, a rent officer shall determine whether or not a substantial part of the rent under the tenancy at the relevant time is fairly attributable to board and attendance.
2
Where a rent officer determines that a substantial part of the rent under the tenancy at the relevant time is fairly attributable to board and attendance, he shall —
a
notify the relevant authority accordingly; and
b
treat the application as if it had been made in accordance with regulation 14(1) of the Housing Benefit Regulations or, as the case may be regulation 14(1) of the Housing Benefit (State Pension Credit) Regulations.
.
6
In articles 4D (board and attendance redeterminations) and 4E (substitute board and attendance determinations and substitute board and attendance redeterminations) for “pathfinder authority” in both places in which it occurs substitute “local authority”.
7
In article 7A (errors) —
a
in paragraph (2) for “pathfinder authority” substitute “local authority”;
b
omit paragraph (3).
8
Omit Schedule 3A.
Amendments to the Rent Officers Order relating to information sharing coming into force on 7th April 2008 save for certain purposes
7
1
This article shall not apply where information is provided to the rent officer by virtue of regulation 14 or 114 of the Housing Benefit Regulations 2006 or, as the case may be, regulation 14 or 95 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force immediately before 7th April 2008.
2
For Article 4C(4) (board and attendance determinations and notifications) substitute —
4
Where an application for a board and attendance determination is treated as if it had been made in accordance with regulation 14(1) of the Housing Benefit Regulations or, as the case may be, regulation 14(1) of the Housing Benefit (State Pension Credit) Regulations, then, for the purposes of paragraph (a)(ii) of the definition of “relevant period” in article 2(1), it shall be treated as having been received on the day on which the further information provided in accordance with regulation 114A(4) of the Housing Benefit Regulations or regulation 95A(4) of the Housing Benefit (State Pension Credit) Regulations is received.
.
3
In article 5 (insufficient information) for “, he shall serve notice on the local authority requesting that information” substitute “where the information supplied under regulation 114A of the Housing Benefit Regulations or regulation 95A of the Housing Benefit (State Pension Credit) Regulations was incomplete or incorrect, he shall serve notice on the local authority requesting it to supply the further information required under regulation 114A or regulation 95A, as the case may be, or to confirm whether the information already supplied is correct and, if it is not, to supply the correct information”.
4
For paragraph 7(3) of Part 2 of Schedule 1 substitute —
3
For the purposes of paragraphs 1, 2, 3, and 6 of Part 1 of this Schedule, the rent officer shall assume that the rent payable under the tenancy at the relevant time is —
a
where an amount is notified to the rent officer under regulation 114A(4)(b) of the Housing Benefit Regulations or, as the case may be, regulations 95A(4)(b) of the Housing Benefit (State Pension Credit) Regulations in respect of that tenancy, that notified amount less the total of any ineligible charges included in that amount; or
b
in any other case, the total amount stated under regulation 114A(3)(d) of the Housing Benefit Regulations or, as the case may be regulation 95A(3)(d) of the Housing Benefit (State Pension Credit) Regulations less the total of any ineligible charges included in that stated amount.
.
Amendments to the Rent Officers Order relating to ineligible service charges coming into force on 7th April 2008 save for certain purposes
8
1
This article shall not apply where the rent officer is required to make a determination under paragraphs 1, 2, 3, or 6 of Part 1 of Schedule 1 to the Rent Officers Order by virtue of —
a
an application made under —
i
regulation 14 of the Housing Benefit Regulations 2006 as in force before the substitution of regulation 14 by virtue of regulation 8 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 ; or
ii
regulation 14 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force before the substitution of regulation 14 by virtue of regulation 8 of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 ; or
b
an application for a redetermination, substitute determination or substitute redetermination relating to a determination to which sub-paragraph (a) applies made under regulation 15, 16 or 17 of the Regulations referred to in sub-paragraph (a)(i) or (ii).
2
For paragraph 7(1) (ineligible charges and support charges) of Part 2 of Schedule 1 substitute —
1
“ineligible charges” means service charges which are ineligible to be met by housing benefit by virtue of regulation 12B(2) (rent) of and Schedule 1 (ineligible service charges) to the Housing Benefit Regulations or, as the case may be, regulation 12B(2) of and Schedule 1 to the Housing Benefit (State Pension Credit) Regulations except in the case of a tenancy where the rent includes payments for board and attendance, and the rent officer considers that a substantial part of the rent under the tenancy is fairly attributable to board and attendance, charges specified in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (charges for meals).
.
Amendments to the Rent Officers Order relating to claim-related rent coming into force on 7th April 2008 save for certain purposes
9
1
This article shall not apply where the rent officer has made a determination under paragraphs 1, 2, 3, 4 or 5 of Part 1 of Schedule 1 to the Rent Officers Order and that determination was made in relation to —
a
an application under —
i
regulation 14 of the Housing Benefit Regulations 2006 as in force before the substitution of regulation 14 by virtue of regulation 8 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007; or
ii
regulation 14 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force before the substitution of regulation 14 by virtue of regulation 8 of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007; or
b
an application for a redetermination, substitute determination or substitute redetermination relating to a determination to which sub-paragraph (a) applies made under regulation 15, 16 or 17 of the Regulations referred to in sub-paragraph (a)(i) or (ii).
2
In paragraph 6 of Part 1 of Schedule 1 —
a
for sub-paragraph (1) substitute —
1
In this paragraph, and in paragraph 9, “claim-related rent” means the claim-related rent determined by the rent officer in accordance with paragraph (2A).
;
b
after sub-paragraph (1) insert —
2A
The rent officer shall determine that the claim-related rent is —
a
where he makes a determination under sub-paragraph (2) of paragraph 1, sub-paragraph (2) of paragraph 2 and sub-paragraph (3) of paragraph 3, the lowest of the three rents determined under those sub-paragraphs;
b
where he makes a determination under only two of the sub-paragraphs referred to in paragraph (a), the lower of the two rents determined under those sub-paragraphs;
c
where he makes a determination under only one of the sub-paragraphs referred to in paragraph (a), the rent determined under that sub-paragraph;
d
where he does not make a determination under any of the sub-paragraphs referred to in sub-paragraph (a), the rent payable under the tenancy of the dwelling at the relevant time.
.
c
omit sub-paragraph (2); and
d
in sub-paragraph (3) omit “Where the dwelling is not in a hostel,”.
3
In paragraph 9(1) of Part 3 of Schedule 1 —
a
for sub-paragraph (1)(c) substitute —
c
where that claim-related rent includes an amount which would be ineligible for housing benefit under paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (charges for meals), the inclusion of an ineligible amount in respect of meals;
;
b
after sub-paragraph (1)(d) insert —
da
where any rent determined under paragraph 4 includes an amount which would be ineligible for housing benefit under the provisions referred to in sub-paragraph (c), the inclusion of an ineligible amount in respect of meals; and
.
Amendments to the Rent Officers Order which remake amendments made by the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006
10
1
In article 2 (interpretation) —
a
for the definition of “hostel” substitute —
“hostel” has the same meaning as in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations;
;
b
after that definition insert —
“the Housing Benefit Regulations” means the Housing Benefit Regulations 2006;
“the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;
;
c
for the definition of “rent” substitute —
“rent” means any of the periodical payments referred to in regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations;
;
d
omit the definition of the “1987 Regulations”.
2
In article 3A (transitional arrangements for determination of single room rents with effect from 2nd July 2001), for “regulation 12A of the 1987 Regulations” substitute “regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations”.
3
In article 4A (substitute determinations and substitute redeterminations), for “regulation 12C of the 1987 Regulations” substitute “regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations”.
4
In article 4E (substitute board and attendance determinations and substitute board and attendance redeterminations), wherever “regulation 12C of the 1987 Regulations” occurs, substitute “regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations”.
5
In article 6 (exceptions) —
a
in paragraph (2) for “regulation 7(3) of the 1987 Regulations” substitute “regulation 9(4) of the Housing Benefit Regulations or, as the case may be, regulation 9(4) of the Housing Benefit (State Pension Credit) Regulations”; and
b
in paragraph (3), for “the 1987 Regulations” substitute “the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations”.
6
In article 7 (special cases), for “regulation 10(1) of the 1987 Regulations” substitute “regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations”.
7
In Schedule 1 —
a
in Part 1, in paragraph 4(4) (local reference rents), for the definition of “non-dependant” substitute —
“non-dependant” means a non-dependant of the tenant within the meaning of regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations;
;
b
in Part 4, in paragraph 11(5)(b) (indicative rent levels), for “regulation 3 of the 1987 Regulations” substitute “regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations”.
8
In Schedule 3A (categories of dwelling) , in Part 1, in paragraph 1(2)(b), for “regulation 3 of the 1987 Regulations” substitute “regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations.”.
Application of the Rent Officers (Scotland) Order
11
Those provisions of the Rent Officers (Scotland) Order which on 19th March 2008 apply only in relation to the areas of the local authority of Argyll and Bute and the local authority of Edinburgh, shall apply in the same way to the area of every other local authority in Scotland.
Amendments to the Rent Officers (Scotland) Order
12
The Rent Officers (Scotland) Order shall be amended in accordance with the following provisions of this Order.
Amendments to the Rent Officers (Scotland) Order relating to the local housing allowance coming into force on 20th March 2008
13
1
In article 2 (interpretation) —
a
in the definition of “broad rental market area” after “paragraph 4 of Part 1 of Schedule 3A” insert “or paragraph 4 of Schedule 3B, as the case may be,”;
b
in the definition for “broad rental market area determination” after “article 4B(1)” insert “or 4B(1A), as the case may be”;
c
in the definition of “local housing allowance determination” after “article 4B(2)” insert “or article 4B(2A), as the case may be”;
d
after the definition of “tenancy” add —
working day” means any day other than a Saturday, a Sunday or a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 .
.
2
In article 4B (broad rental market area determinations and local housing allowance determinations) —
a
in paragraph (1) for “local authority” in the first place in which it occurs substitute “pathfinder authority”;
b
after paragraph (1) insert —
1A
On 20th March 2008 and so often thereafter as a rent officer considers appropriate, a rent officer shall, in relation to each local authority, —
a
determine one or more broad rental market areas which will (during the month which next begins after the determination is made) fall, in whole or in part, within the area of the local authority so that every part of the area of that local authority falls within a broad rental market area and no part of the area of that authority falls within more than one broad rental market area; and
b
give to that local authority a notice which —
i
specifies the area contained within each broad rental market area as falls, in whole or in part, within the area of that authority, by reference to the postcodes for each such broad rental market area; and
ii
identifies such of those postcodes as fall within the area of that authority.
;
c
after paragraph (2) insert —
2A
No more than 10 and not less than 8 working days before the end of each month a rent officer shall —
a
for each broad rental market area determine, in accordance with the provisions of Schedule 3B —
i
a local housing allowance for each of the categories of dwelling set out in paragraph 1 of Schedule 3B; and
ii
local housing allowances for such other categories of dwelling of more than five bedrooms as a rent officer believes are likely to be required for the purpose of calculating housing benefit; and
b
give to each local authority notice of the local housing allowance determination made in accordance with paragraph (a) for each broad rental market area falling within, in whole or in part, the area of that authority.
;
d
after paragraph (3) insert —
3A
Any broad rental market area determination made in accordance with paragraph (1A), or local housing allowance determination made in accordance with paragraph (2A) before 7th April 2008, shall take effect on 7th April 2008 and any subsequent determination shall take effect on the first working day of the month which begins after the day on which the determination is made.
;
e
after paragraph (5) insert —
6
Where a rent officer has made a local housing allowance determination in accordance with paragraph (2A) he shall —
a
make an approximate monthly allowance determination in relation to that local housing allowance determination; and
b
give notice of the approximate monthly allowance determination to each authority to which he is required to give notice of the local housing allowance determination when he gives notice of that determination.
.
3
In article 7A (errors) —
a
in paragraph (3) —
i
after “broad rental market area determination” insert “determined in accordance with article 4B(1)”;
ii
after “local housing allowance determination” insert “determined in accordance with article 4B(2)”;
b
after paragraph (3) insert —
4
If a rent officer is of the opinion that he has made an error (other than in the application of his professional judgement) in relation to a broad rental market area determination determined in accordance with article 4B(1A) or a local housing allowance determination determined in accordance with article 4B(2A), he shall notify any local authority to which notification of that determination was sent of the error, and the amended determination, as soon as practicable after he becomes aware of it.
.
4
After Schedule 3A insert —
SCHEDULE 3B
Broad rental market area determinations and local housing allowance determinations
Article 4B
Categories of dwelling
1
1
The categories of dwelling for which a rent officer is required to determine a local housing allowance in accordance with article 4B(2A)(a)(i) are —
a
a dwelling where the tenant has the exclusive use of only one bedroom and where the tenancy provides for him to share the use of one or more of —
i
a kitchen;
ii
a bathroom;
iii
a toilet; or
iv
a room suitable for living in;
b
a dwelling where the tenant (together with his partner where he has one) has the exclusive use of only one bedroom and exclusive use of a kitchen, a bathroom, a toilet and a room suitable for living in;
c
a dwelling where the tenant has the use of only two bedrooms;
d
a dwelling where the tenant has the use of only three bedrooms;
e
a dwelling where the tenant has the use of only four bedrooms;
f
a dwelling where the tenant has the use of only five bedrooms.
2
In —
a
sub-paragraph (1)(b) “partner” has the same meaning as in regulation 2 of the Housing Benefit Regulations or, as the case may be, regulation 2 of the Housing Benefit (State Pension Credit) Regulations;
b
sub-paragraph (1)(c) to (f) “bedroom” means a bedroom, except for a bedroom which the tenant shares with any person other than —
i
a member of his household;
ii
a non-dependant of the tenant (within the meaning of regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations); or
iii
a person who pays rent to the tenant.
Local housing allowance for category of dwelling in paragraph 1
2
1
Subject to paragraph 3 (anomalous local housing allowances), the rent officer must determine a local housing allowance for each category of dwelling in paragraph 1 in accordance with the following sub-paragraphs.
2
The rent officer must compile a list of rents.
3
A list of rents means a list in ascending order of the rents which, in the rent officer’s opinion, are payable at the date of the determination for a dwelling let under an assured tenancy which meets the criteria specified in sub-paragraph (5).
4
The list must include any rents which are of the same amount.
5
The criteria for including an assured tenancy on the list of rents in relation to each category of dwelling specified in paragraph 1 are —
a
that the dwelling let under the assured tenancy is in the broad rental market area for which the local housing allowance for that category of dwelling is being determined;
b
that the dwelling is in a reasonable state of repair; and
c
that the assured tenancy permits the tenant to use exclusively or share the use of, as the case may be, the same number and type of rooms as the category of dwelling in relation to which the list of rents is being compiled.
6
Where rent is payable other than weekly the rent officer must use the figure which would be payable if the rent were to be payable weekly by —
a
multiplying the rent by an appropriate figure to obtain the rent for a year;
b
dividing the total in (a) by 365; and
c
multiplying the total in (b) by 7.
7
When compiling the list of rents for each category of dwelling, the rent officer must —
a
assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy; and
b
exclude the amount of any rent which, in the rent officer’s opinion, is fairly attributable to the provision of services performed for, or facilities (including the use of furniture) provided for, or rights made available to, the tenant which are ineligible to be met by housing benefit.
8
When compiling the list of rents, the rent officer may include rents in other similar areas in which he believes a comparable market exists where he is not satisfied that the broad rental market area contains a sufficient number of dwellings that accord with the relevant category of dwelling set out in paragraph 1 to enable him to make a local housing allowance determination.
9
The local housing allowance for each category of dwelling specified in paragraph 1 is the amount of the median rent in the list of rents for that category of dwelling.
10
The median rent is determined as follows —
a
where there is an even number of rents on the list, the formula is —
the amount of the rent at P  +  the amount of the rent at P1
2
=  the local housing allowance
where P is the position on the list defined by dividing the number of rents on the list by 2 and P1 is the following position on the list.
b
where there is an odd number of rents on the list, the formula is —
the number of rents on the list  +  1
2
=  L
where L is the position on the list in which the rent used to identify the local housing allowance lies.
11
Where the median rent is not a whole number of pence, the rent must be rounded to the nearest whole penny by disregarding any amount less than half a penny and treating any amount of half a penny or more as a whole penny.
Anomalous local housing allowances
3
1
Where —
a
the rent officer has determined the local housing allowance for each of the categories of dwelling in paragraph 1(1) in accordance with the preceding paragraphs of this Schedule; and
b
the local housing allowance for a category of dwelling in paragraph 1(1)(b) to (f) is lower than the local housing allowance for any of the categories of dwelling which precede it,
that local housing allowance shall be the same as the highest local housing allowance which precedes it.
2
Where —
a
the rent officer has determined a local housing allowance following an application made under article 4B(4); and
b
that local housing allowance is lower than the local housing allowance for the category of dwelling in paragraph 1(1)(f),
that local housing allowance shall be the same as the local housing allowance for the category of dwelling in paragraph 1(1)(f).
Broad rental market area
4
In this Schedule “broad rental market area” means an area —
a
comprising two or more distinct areas of residential accommodation, each distinct area of residential accommodation adjoining at least one other in the area;
b
within which a person could reasonably be expected to live having regard to facilities and services for the purposes of health, education, recreation, personal banking and shopping, taking account of the distance of travel, by public and private transport, to and from facilities and services of the same type and similar standard; and
c
containing residential premises of a variety of types, and including such premises held on a variety of tenancies.
.
Amendments to the Rent Officers (Scotland) Order relating the to local housing allowance coming into force on 7th April 2008
14
1
In article 3(2)(a) (determinations) omit “except in relation to the area of a local authority which is a pathfinder authority”.
2
In article 4B(6) (broad rental market area determinations and local housing allowance determinations) after “paragraph (2A)” insert “, (4) or (4A)”.
Amendments to the Rent Officers (Scotland) Order relating to the local housing allowance coming into force on 7th April 2008 save for certain purposes
15
1
This article shall not apply where —
a
a board and attendance determination, board and attendance redetermination, substitute board and attendance determination or substitute board and attendance redetermination is to be made and the application for the board and attendance determination or original board and attendance determination was made by virtue of regulation 13A(6) of the Housing Benefit Regulations 2006 or, as the case may be, regulation 13A(6) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force immediately before 7th April 2008;
b
a local housing allowance determination is to be made and the application was made by virtue of regulation 13A(4) or (5) of the Housing Benefit Regulations 2006 or, as the case may be, regulation 13A(4) or (5) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force immediately before 7th April 2008; or
c
an error in relation to a broad rental market area determination, local housing allowance determination, board and attendance determination or a board and attendance redetermination is to be corrected and the original determination was made in accordance with the Rent Officers (Scotland) Order as in force immediately before 7th April 2008.
2
For the purpose of sub-paragraph (1)(c) “original determination” means the broad rental market area determination, local housing allowance determination, board and attendance determination or board and attendance redetermination to which the correction of an error relates.
3
In article 2 —
a
for the definition of “broad rental market area” substitute —
“broad rental market area” has the meaning specified in paragraph 4 of Schedule 3B;
;
b
for the definition of “broad rental market area determination” substitute —
“broad rental market area determination” means a determination made in accordance with article 4B(1A);
;
c
for the definition of “local housing allowance determination” substitute —
“local housing allowance determination” means a determination made in accordance with article 4B(2A);
;
d
omit the definition of “pathfinder authority”.
e
for the definition of “relevant date” substitute —
“relevant date” means the date specified by a local authority in an application for a local housing allowance determination made in accordance with regulation 13D(7)(a) of the Housing Benefit Regulations or, as the case may be, regulation 13D(7)(a) of the Housing Benefit (State Pension Credit) Regulations;
.
4
In article 4B (broad rental market area determinations and local housing allowance determinations) —
a
omit paragraphs (1), (2) and (3);
b
for paragraph (4) substitute —
4
Where a local authority makes an application in accordance with regulation 13D(7)(a) of the Housing Benefit Regulations or, as the case may be, regulation 13D(7)(a) of the Housing Benefit (State Pension Credit) Regulations, a rent officer shall determine, in accordance with the provisions of Schedule 3B and as soon as is reasonably practicable, the local housing allowance for that category of dwelling at the relevant date, for each broad rental market area falling within, in whole or in part, the area of the local authority that made the application, at the relevant date.
4A
Where a local authority makes an application in accordance with regulation 13D(8) of the Housing Benefit Regulations or, as the case may be, regulation 13D(8) of the Housing Benefit (State Pension Credit) Regulations, a rent officer shall determine in accordance with the provisions of Schedule 3B and as soon as is reasonably practicable, the local housing allowance for that category of dwelling for each broad rental market area falling within, in whole or in part, the areas of the local authority.
.
c
in paragraph (5) —
i
in sub-paragraph (a) for “pathfinder authority” substitute “local authority”;
ii
in sub-paragraph (b) after “relevant date falls” insert “, except that no such determination can have effect before 7th April 2008”;
iii
in sub-paragraph (c) after “sub-paragraph (a)” insert “, except that no such determination can have effect before 7th April 2008”.
5
For article 4C(1) and (2) (board and attendance determinations and notifications) substitute —
4C
1
Where a relevant authority makes an application to a rent officer in accordance with regulation 13D(10) of the Housing Benefit Regulations or, as the case may be, regulation 13D(10) of the Housing Benefit (State Pension Credit) Regulations, a rent officer shall determine whether or not a substantial part of the rent under the tenancy at the relevant time is fairly attributable to board and attendance.
2
Where a rent officer determines that a substantial part of the rent under the tenancy at the relevant time is fairly attributable to board and attendance, he shall —
a
notify the relevant authority accordingly; and
b
treat the application as if it had been made in accordance with regulation 14(1) of the Housing Benefit Regulations or, as the case may be regulation 14(1) of the Housing Benefit (State Pension Credit) Regulations.
.
6
In articles 4D (board and attendance redeterminations) and 4E (substitute board and attendance determinations and substitute board and attendance redeterminations) for “pathfinder authority” in both places in which it occurs substitute “local authority”.
7
In article 7A (errors) —
a
in paragraph (2) for “pathfinder authority” substitute “local authority”;
b
omit paragraph (3).
8
Omit Schedule 3A.
Amendments to the Rent Officers (Scotland) Order relating to information sharing coming into force on 7th April 2008
16
1
This article shall not apply where information is provided to the rent officer by virtue of regulation 14 or 114 of the Housing Benefit Regulations 2006 or, as the case may be, regulation 14 or 95 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force immediately before 7th April 2008.
2
For Article 4C(4) (board and attendance determinations and notifications) substitute —
4
Where an application for a board and attendance determination is treated as if it had been made in accordance with regulation 14(1) of the Housing Benefit Regulations or, as the case may be, regulation 14(1) of the Housing Benefit (State Pension Credit) Regulations, then, for the purposes of paragraph (a)(ii) of the definition of “relevant period” in article 2(1), it shall be treated as having been received on the day on which the further information provided in accordance with regulation 114A(4) of the Housing Benefit Regulations or regulation 95A(4) of the Housing Benefit (State Pension Credit) Regulations is received.
.
3
In article 5 (insufficient information) for “, he shall serve notice on the local authority requesting that information” substitute “where the information supplied under regulation 114A of the Housing Benefit Regulations or regulation 95A of the Housing Benefit (State Pension Credit) Regulations was incomplete or incorrect, he shall serve notice on the local authority requesting it to supply the further information required under regulation 114A or regulation 95A, as the case may be, or to confirm whether the information already supplied is correct and, if it is not, to supply the correct information”.
4
For paragraph 7(3) of Part 2 of Schedule 1 substitute —
3
For the purposes of paragraphs 1, 2, 3, and 6 of Part 1 of this Schedule, the rent officer shall assume that the rent payable under the tenancy at the relevant time is —
a
where an amount is notified to the rent officer under regulation 114A(4)(b) of the Housing Benefit Regulations or, as the case may be, regulations 95A(4)(b) of the Housing Benefit (State Pension Credit) Regulations in respect of that tenancy, that notified amount less the total of any ineligible charges included in that amount; or
b
in any other case, the total amount stated under regulation 114A(3)(d) of the Housing Benefit Regulations or, as the case may be regulation 95A(3)(d) of the Housing Benefit (State Pension Credit) Regulations less the total of any ineligible charges included in that stated amount.
.
Amendments to the Rent Officers (Scotland) Order relating to ineligible service charges coming into force on 7th April 2008 save for certain purposes
17
1
This article shall not apply where the rent officer is required to make a determination under paragraphs 1, 2, 3, or 6 of Part 1 of Schedule 1 to the Rent Officers (Scotland) Order by virtue of —
a
an application made under —
i
regulation 14 of the Housing Benefit Regulations 2006 as in force before the substitution of regulation 14 by virtue of regulation 8 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 ; or
ii
regulation 14 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force before the substitution of regulation 14 by virtue of regulation 8 of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 ; or
b
an application for a redetermination, substitute determination or substitute redetermination relating to a determination to which sub-paragraph (a) applies made under regulation 15, 16 or 17 of the Regulations referred to in sub-paragraph (a)(i) or (ii).
2
For paragraph 7(1) (ineligible charges and support charges) of Part 2 of Schedule 1 substitute —
1
”ineligible charges” means service charges which are ineligible to be met by housing benefit by virtue of regulation 12B(2) (rent) of and Schedule 1 (ineligible service charges) to the Housing Benefit Regulations or, as the case may be, regulation 12B(2) of and Schedule 1 to the Housing Benefit (State Pension Credit) Regulations except in the case of a tenancy where the rent includes payments for board and attendance, and the rent officer considers that a substantial part of the rent under the tenancy is fairly attributable to board and attendance, charges specified in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (charges for meals).
.
Amendments to the Rent Officers (Scotland) Order relating to claim-related rent coming into force on 7th April 2008 save for certain purposes
18
1
This article shall not apply where the rent officer has made a determination under paragraphs 1, 2, 3, 4 or 5 of Part 1 of Schedule 1 to the Rent Officers (Scotland) Order and that determination was made in relation to —
a
an application under —
i
regulation 14 of the Housing Benefit Regulations 2006 as in force before the substitution of regulation 14 by virtue of regulation 8 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007; or
ii
regulation 14 of the as in force before the substitution of regulation 14 by virtue of regulation 8 of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007; or
b
an application for a redetermination, substitute determination or substitute redetermination relating to a determination to which sub-paragraph (a) applies made under regulation 15, 16 or 17 of the Regulations referred to in sub-paragraph (a)(i) or (ii).
2
In paragraph 6 of Part 1 of Schedule 1 —
a
for sub-paragraph (1) substitute —
1
In this paragraph, and in paragraph 9, “claim-related rent” means the claim-related rent determined by the rent officer in accordance with paragraph (2A).
;
b
after sub-paragraph (1) insert —
2A
The rent officer shall determine that the claim-related rent is —
a
where he makes a determination under sub-paragraph (2) of paragraph 1, sub-paragraph (2) of paragraph 2 and sub-paragraph (3) of paragraph 3, the lowest of the three rents determined under those sub-paragraphs;
b
where he makes a determination under only two of the sub-paragraphs referred to in paragraph (a), the lower of the two rents determined under those sub-paragraphs;
c
where he makes a determination under only one of the sub-paragraphs referred to in paragraph (a), the rent determined under that sub-paragraph;
d
where he does not make a determination under any of the sub-paragraphs referred to in sub-paragraph (a), the rent payable under the tenancy of the dwelling at the relevant time.
.
c
omit sub-paragraph (2); and
d
in sub-paragraph (3) omit “Where the dwelling is not in a hostel,”.
3
In paragraph 9(1) of Part 3 of Schedule 1 —
a
for sub-paragraph (1)(c) substitute —
c
where that claim-related rent includes an amount which would be ineligible for housing benefit under paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (charges for meals), the inclusion of an ineligible amount in respect of meals;
;
b
after sub-paragraph (1)(d) insert —
da
where any rent determined under paragraph 4 includes an amount which would be ineligible for housing benefit under the provisions referred to in sub-paragraph (c), the inclusion of an ineligible amount in respect of meals; and
.
Amendments to the Rent Officers (Scotland) Order which remake amendments made by the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006
19
1
In article 2 (interpretation) —
a
for the definition of “hostel” substitute —
“hostel” has the same meaning as in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations;
;
b
after that definition insert —
“the Housing Benefit Regulations” means the Housing Benefit Regulations 2006;
“the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;
;
c
for the definition of “rent” substitute —
“rent” means any of the periodical payments referred to in regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations;
;
d
omit the definition of the “1987 Regulations”.
2
In article 3A (transitional arrangements for determination of single room rents with effect from 2nd July 2001), for “regulation 12A of the 1987 Regulations” substitute “regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations”.
3
In article 4A (substitute determinations and substitute redeterminations), for “regulation 12C of the 1987 Regulations” substitute “regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations”.
4
In article 4E (substitute board and attendance determinations and substitute board and attendance redeterminations), wherever “regulation 12C of the 1987 Regulations” occurs, substitute “regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations”.
5
In article 6 (exceptions) —
a
in paragraph (2) for “regulation 7(3) of the 1987 Regulations” substitute “regulation 9(4) of the Housing Benefit Regulations or, as the case may be, regulation 9(4) of the Housing Benefit (State Pension Credit) Regulations”; and
b
in paragraph (3), for “the 1987 Regulations”, substitute “the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations”.
6
In article 7 (special cases), for “regulation 10(1) of the 1987 Regulations” substitute “regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations”.
7
In Schedule 1 —
a
in Part 1, in paragraph 4(4) (local reference rents), for the definition of “non-dependant” substitute —
“non-dependant” means a non-dependant of the tenant within the meaning of regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations;
;
b
in Part 4, in paragraph 11(5)(b) (indicative rent levels), for “regulation 3 of the 1987 Regulations” substitute “regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations”.
8
In Schedule 3A (categories of dwelling), in Part 1, in paragraph 1(2)(b), for “regulation 3 of the 1987 Regulations” substitute “regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations.”.
Signed by authority of the Secretary of State for Work and Pensions
James Plaskitt
Parliamentary Under Secretary of State,
Department for Work and Pensions
2nd October 2007


text:
Citation and commencement
1
These Regulations may be cited as the Money Laundering (Amendment) Regulations 2007 and come into force on 15th December 2007.
Amendments to the Money Laundering Regulations 2007
2
The Money Laundering Regulations 2007 are amended as follows —
a
in regulation 10(1)(b)(ii), after “2,000” insert “euro”;
b
in regulation 37(11), after “communications” insert —
—
i
between a professional legal adviser and his client; or
ii
made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings
;
c
in regulation 39 —
i
in paragraph (7), after “information” insert “on oath”; and
ii
in paragraph (9), for “(1) and (5)” substitute “(1), (5) and (7)”;
d
in regulation 40(4)(b), after “sheriff” insert “court”;
e
in regulation 42(4), for “alleged offender” substitute “person”;
f
in regulation 46, after paragraph (8) insert —
9
In its application to the Commissioners acting in Scotland, paragraph (7)(b) shall be read as referring to the Commissioners determining whether to refer the matter to the Crown Office and Procurator Fiscal Service with a view to the Procurator Fiscal determining whether a person should be prosecuted for such an offence.
;
g
after paragraph 21 of Schedule 3 insert —
22
International Association of Book-keepers
.
Signatory text
Frank Roy
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd November 2007


text:
1
This Order may be cited as the Finance Act 2007 Schedule 1 (Appointed Date) Order 2007.
2
1st September 2007 is appointed as the date on or after which the amendments made by Schedule 1 to the Finance Act 2007 (remote gaming duty) have effect in respect of the provision of facilities for remote gaming.
Steve Lamey
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
26th July 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Manufactured Interest (Tax) Regulations 2007, shall come into force on 1st October 2007, and shall have effect in relation to payments of manufactured interest made or treated as made on or after that day.
2
In these Regulations —
“interest manufacturer” shall be construed in accordance with regulation 2(2);
“manufactured interest” shall be construed in accordance with regulation 2(2);
“recipient” shall be construed in accordance with paragraphs (3) and (4).
3
In these Regulations “recipient”, in relation to a payment of manufactured interest, means a company to which either paragraph (a) or paragraph (b) of section 920(2) of the Income Tax Act 2007 applies, and shall be construed in accordance with regulation 2(2).
4
For the purpose of determining whether or not a company is a recipient in relation to a payment of manufactured interest, paragraph 4(3) of Schedule 13 to the Finance Act 2007 (ignoring effect on borrower of sale of securities) shall not apply.
Liability for tax where the interest manufacturer receives the interest of which the manufactured interest is representative
2
1
This regulation applies if conditions A and B are met.
2
Condition A is that, under a contract or other arrangements for the transfer of UK securities, one of the parties (the “interest manufacturer”) is required to pay to the other (the “recipient”) an amount (the “manufactured interest”) which is representative of a periodical payment of interest on the securities.
3
Condition B is that the payment of manufactured interest is made in circumstances where the recipient shows that the interest manufacturer was entitled to payment of the interest of which the manufactured interest is representative —
a
as the holder of the securities concerned, or
b
directly or indirectly from a person from whom he acquired those securities, or to whom he transferred them, and who was so entitled as the holder of those securities.
4
The income tax borne by deduction and available for offset by the recipient shall be the lower of —
a
an amount equal to the excess of the gross amount of the interest over the amount of the manufactured interest paid by the interest manufacturer which represents that interest, and
b
the amount of tax actually withheld.
5
In paragraph (4)(a) the reference to manufactured interest paid by the interest manufacturer does not include any payment of manufactured interest treated as made under —
a
section 736B of the Income and Corporation Taxes Act 1988 (deemed manufactured payments in the case of stock lending arrangements), or
b
section 737A of the Income and Corporation Taxes Act 1988 (sale and repurchase of securities: deemed manufactured payments).
6
In paragraph (4)(b) “the amount of tax actually withheld” means the amount withheld on payment of the interest less an amount equal to the amount (if any) of relief from United Kingdom tax to which, assuming the interest manufacturer to have made a claim under arrangements having effect by virtue of section 788 of the Income and Corporation Taxes Act 1988 (relief by agreement with other territories), the interest manufacturer is entitled in respect of the payment received by him.
7
The recipient of a payment of manufactured interest to which this regulation applies or, as the case may be, any person claiming title through or under the recipient, shall be treated for the purposes of the Tax Acts as if the payment had borne income tax by deduction.
Revocation of the Manufactured Interest (Tax) Regulations 1997
3
The Manufactured Interest (Tax) Regulations 1997 ( S.I. 1997/992 ) are revoked.
Steve McCabe
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
30th August 2007


text:
PART 1 Introduction and interpretation
Citation and commencement
1
These Regulations may be cited as the Ecodesign for Energy-Using Products Regulations 2007 and come into force on 11th August 2007.
Interpretation
2
1
In these Regulations —
“authorised person” is defined in regulation 20;
“CE conformity marking” is defined in Schedule 6;
“conformity assessment procedure” means the procedure to assess the conformity of a listed product to the product requirements;
“declaration of conformity” is defined in Schedule 5;
“enforcement notice” is defined in paragraph 2 of Part 5 to Schedule 9;
“enforcing authority” means —
in England and Wales and Scotland, a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985 ; and
in Northern Ireland, the Department of Enterprise, Trade and Investment;
“general technical documentation” is defined in chapter 2 of Part 1 to Schedule 4;
“implementing measure” is defined in paragraph 2 of Part 1 to Schedule 1;
“listed product” means an energy-using product listed in paragraph 1 of Part 1 to Schedule 1;
“non-conformity notice” is defined in paragraph 14 of Part 1 to Schedule 4;
“notified body” means a person approved by the Secretary of State under regulation 11;
“product requirements” is defined in Schedule 2.
2
In Schedules 1,2 and 3 of these Regulations, the European Standards with designation numbers EN 153, EN50294 and EN 60920 mean the Standards issued with those designations by the European Committee for Electromechanical Standardisation .
3
Expressions used in these Regulations which are used —
a
in an implementing measure; or
b
in Directive 2005/32/ EC of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy-using products ,
have the meaning they bear in that measure or Directive.
PART 2 Restriction on listed products, conformity assessments, declarations of conformity and the CE conformity marking
Restriction on listed products
3
1
A person must not place a listed product on the market unless that product conforms to the product requirements for that product.
2
Schedule 2 has effect in relation to product requirements.
Conformity assessments, declarations of conformity and the CE conformity marking
4
1
A manufacturer must not place a listed product on the market unless he complies with —
a
paragraphs (2) and (3); or
b
equivalent provisions under the laws of another member State.
2
A manufacturer must —
a
assess whether a listed product conforms to the product requirements for that product; and
b
make that assessment in accordance with Schedule 3.
3
If a manufacturer assesses that a listed product conforms to the product requirements, the manufacturer must —
a
make a declaration of conformity; and
b
affix visibly, legibly and indelibly to the listed product, or the packaging or documentation that accompanies that product, the CE conformity marking.
4
The following have effect —
a
Schedule 4 (modules for conformity assessment);
b
Schedule 5 (declaration of conformity);
c
Schedule 6 (CE conformity marking).
Authorised representatives and importers
5
If a manufacturer of a listed product is not established within the Community, an authorised representative or importer of a listed product must not place a listed product on the market unless the authorised representative or importer —
a
ensures that the manufacturer of the listed product has complied with regulation 4(1); and
b
complies with that regulation to the extent that the manufacturer has not complied with it.
Displays of listed products not restricted
6
1
Regulations 3, 4 and 5 do not apply to the display of a listed product if —
a
that product; or
b
the packaging or documentation that accompanies that product,
bears a visible indication that the product must not be placed on the market unless it complies with the product requirements for that product.
2
For the purposes of paragraph (1), the display of a listed product includes its display at trade fairs, exhibitions and demonstrations.
PART 3 Presumption of conformity, non-conformity, misleading markings and documentation
Presumption of conformity
7
1
Unless the contrary is proved, where —
a
a listed product; or
b
the packaging or documentation that accompanies that product,
bears the CE conformity marking, the listed product is presumed to conform to the product requirements for that product.
2
Unless the contrary is proved, where —
a
harmonised standards have been applied to a listed product; and
b
the reference numbers of those standards have been published in the Official Journal of the European Union,
the listed product is presumed to comply with the requirements of the implementing measure to the extent that the harmonised standards relate to those requirements.
3
Unless the contrary is proved, where a listed product has been awarded a Community eco-label, the listed product is presumed to comply with the ecodesign requirements for that product to the extent that the Community eco-label relates to those requirements.
4
For the purposes of paragraph (3), “Community eco-label” means —
a
a label that meets the requirements of Regulation (EC) No 1980/2000 of the European Parliament and of the Council on a revised Community eco-label award scheme ; or
b
a label which the Commission determines meets equivalent conditions for such a label.
Non-conformity
8
1
If a manufacturer, an authorised representative or importer of a listed product becomes aware that —
a
he has placed on the market a listed product bearing the CE conformity marking; and
b
that product does not conform to the product requirements for that product,
he must comply with paragraph (2).
2
A person to whom paragraph (1) applies must as soon as possible take steps to bring the product into conformity but if —
a
it is not possible to take such steps; or
b
such steps do not bring the product into conformity,
he must withdraw the product from the market.
3
Such a person who withdraws a listed product from the market must as soon as possible notify that withdrawal in writing to —
a
the Secretary of State; and
b
the enforcing authority where that person has their principal place of business.
Misleading markings
9
A person must not affix or cause to be affixed any marking to —
a
a listed product; or
b
the packaging or documentation that accompanies that product,
which is likely to mislead a user of the product as to the meaning and form of the CE conformity marking.
Documentation for inspection
10
1
A manufacturer, an authorised representative or importer of a listed product who has placed on the market a listed product must keep the following available for inspection by an enforcing authority —
a
documentation that is relevant to the applicable conformity assessment procedure or procedures under Schedule 3; and
b
every declaration of conformity.
2
Paragraph (1) applies for the period of at least 10 years from the date the listed product was last manufactured.
3
If an enforcing authority requests any documentation or declaration from the person responsible for keeping them, that person must provide the documentation or declaration within 10 days of receipt of the request.
PART 4 Notified bodies
Criteria to be met by notified bodies and approvals
11
1
A notified body must meet the criteria in Schedule 7.
2
A person may make an application in writing to the Secretary of State to be approved as a notified body in respect of one or more listed products.
3
If a person meets the criteria in Schedule 7 in respect of a listed product or products, the Secretary of State must in writing approve that person as a notified body in respect of the product or products.
4
The Secretary of State may —
a
make an approval subject to such limitations or conditions as he sees fit, including the period for which the approval is given;
b
withdraw an approval given to a notified body; or
c
vary an approval.
5
The Secretary of State must inform the Commission —
a
of the details of a notified body he has approved and any limitations or conditions attached to that approval; and
b
if an approval has been withdrawn or varied.
Function of notified bodies
12
The function of a notified body is to determine, within the conformity assessment procedure or procedures applicable to a listed product, that the product conforms to the appropriate product requirements.
Obligations and powers of notified bodies
13
1
In discharging its function, a notified body —
a
must comply with the obligations; and
b
may exercise the powers,
referred to in Schedule 4 (modules for conformity assessment).
2
A notified body must not —
a
perform any such obligations; or
b
exercise any such powers,
in relation to a listed product if the circumstances in paragraph (3) apply.
3
The circumstances referred to in paragraph (2) are where the notified body —
a
is the designer, manufacturer, supplier or installer of the product;
b
is the authorised representative of such person; or
c
is involved directly with any person mentioned in (a) or (b).
Power to charge fees
14
1
A notified body may charge a fee to a manufacturer, authorised representative or an importer.
2
Such a fee must not exceed —
a
the costs of the work incurred, or to be incurred —
i
to comply with any obligation; or
ii
in exercising any power,
relevant to the conformity assessment procedure applicable to a listed product; and
b
such amount on account of profit as the notified body believes is reasonable in the circumstances.
3
In determining what is reasonable under paragraph (2)(b), a notified body must have regard to —
a
the nature and extent of the work; and
b
the commercial rate normally charged for such work or similar work.
Appeals against non-conformity notices
15
1
A person to whom a non-conformity notice is given by a notified body —
a
may give notice of appeal against that notice to the notified body; and
b
must be informed of that right in the non-conformity notice.
2
The appeal must be heard by the appeal body.
3
Subject to paragraph(4), the appeal body is the body agreed by the parties to the appeal.
4
If no agreement is reached within a reasonable time, either party may apply in writing to the relevant person who must appoint the appeal body.
5
For the purposes of paragraph (3), the relevant person means —
a
in England and Wales, the Secretary of State;
b
in Scotland, the Scottish Ministers;
c
in Northern Ireland, the Department of Enterprise, Trade and Investment.
6
Schedule 8 has effect.
Non-conformity notices
16
1
If a notified body gives a non-conformity notice which has the effect of restricting or prohibiting a listed product from being placed on the market, the notified body must supply a copy of the non-conformity notice as soon as possible to —
a
the Secretary of State; and
b
the enforcing authority where the person who receives the notice has their principal place of business.
2
The Secretary of State must —
a
inform the Commission; and
b
the appropriate authorities in other member States,
of a notice he receives under paragraph (1).
Information to be supplied to other notified bodies
17
A notified body must supply to other notified bodies information concerning —
a
an EC type-examination certificate it has made, including any additional approval to a certificate;
b
any withdrawal of such a certificate;
c
a conformity assessment procedure it has approved, including any modifications to a procedure;
d
any withdrawal of approval of such a procedure;
e
an EC design examination certificate it has made, including any addition to a certificate; and
f
any withdrawal of such a certificate,
and must supply copies of any relevant documentation if that is requested.
PART 5 Enforcement
Enforcement
18
1
An enforcing authority must enforce —
a
regulation 3 (restriction on listed products);
b
regulation 4 (conformity assessments, declarations of conformity and the CE conformity marking);
c
regulation 5 (authorised representatives and importers);
d
regulation 8 (non-conformity);
e
regulation 9 (misleading markings); and
f
regulation 10 (documentation for inspection).
2
In England and Wales and Scotland, the duty in paragraph (1) applies to the area of the enforcing authority.
3
Proceedings for an offence shall be brought —
a
in England and Wales and Northern Ireland, only by or on behalf of an enforcing authority;
b
in Scotland, by the Procurator Fiscal.
Proceedings before a civil court
19
If an enforcing authority is of the opinion that proceedings against a person for an offence under Part 6 would afford an ineffectual remedy against that person, the enforcing authority may take civil proceedings against that person for the purpose of seeking such remedy as the enforcing authority believes is appropriate in the circumstances.
Powers of an enforcing authority and authorisation
20
1
An enforcing authority and persons authorised for the purposes of paragraph (2) have the powers set out in Schedule 9.
2
An enforcing authority may authorise in writing such persons who appear suitable to act on its behalf, subject to any limitations or conditions as the enforcing authority sees fit.
3
Persons authorised by an enforcing authority in relation to the enforcement of local weights and measures or consumer protection are persons authorised under paragraph (2).
Appeals against enforcement notices
21
1
A person on whom an enforcement notice is served —
a
may appeal against that notice to the appeal body; and
b
must be informed of that right in the notice.
2
The appeal body means —
a
in England and Wales, the Secretary of State;
b
in Scotland, the Scottish Ministers;
c
in Northern Ireland, the Planning Appeals Commission.
3
Schedule 8 has effect.
Notification of enforcement notices
22
1
Paragraph (2) applies if an enforcing authority —
a
serves an enforcement notice which has, or will have, the effect of restricting or prohibiting a listed product from being placed on the market; or
b
intends to bring civil proceedings which, if the remedy sought by the enforcing authority is granted by the court, would have that effect.
2
Where paragraph (1) applies, the enforcing authority must as soon as possible provide to the Secretary of State —
a
a copy of the enforcement notice; or
b
details of the civil proceedings it intends to bring.
3
The Secretary of State must —
a
inform the Commission; and
b
the appropriate authorities in other member States,
of a notice or details of intended proceedings received under paragraph (2).
PART 6 Offences and penalties
Offences and penalties in respect of regulations 3 to 5 and 8 to 10
23
1
It is an offence —
a
for a person to contravene —
i
regulation 3 (restriction on listed products); or
ii
regulation 9 (misleading markings);
b
for a manufacturer to contravene regulation 4 (conformity assessments, declarations of conformity and the CE conformity marking);
c
for an authorised representative or an importer of a listed product to contravene regulation 5 (authorised representatives and importers); or
d
for a manufacturer, authorised representative or an importer of a listed product to contravene regulation 8 (non-conformity) or 10 (documentation for inspection),
or to cause or permit another person to do so.
2
Any person guilty of an offence under paragraph (1) is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
Other offences and penalties
24
1
It is an offence for a person —
a
intentionally to obstruct an authorised person in the exercise or performance of his powers or duties; or
b
knowingly or recklessly to make a statement which is false or misleading in a material particular, where the statement is made in purported compliance with —
i
any requirement imposed under the powers in Part 3 to Schedule 9; or
ii
any notice given under Part 5 to Schedule 9.
2
It is an offence for a person, without reasonable excuse, to fail to —
a
comply with any requirement imposed under the powers in Part 3 to Schedule 9;
b
provide facilities or assistance reasonably required by an authorised person under those powers; or
c
comply with any notice given under Part 5 to Schedule 9;
3
It is an offence for a person falsely to pretend to be an authorised person.
4
A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5
In this regulation, “powers or duties” includes powers or duties exercisable by virtue of a warrant under Part 2 to Schedule 9.
Commencement of summary proceedings
25
An offence under these Regulations may be tried by summary proceedings if —
a
in England and Wales, the information is laid;
b
in Northern Ireland, the complaint is made;
c
in Scotland, the proceedings are begun,
within twelve months from the date the offence is committed.
Bodies corporate
26
1
Where a body corporate commits an offence under these Regulations and it is proved that the offence —
a
is committed with the consent or connivance of a relevant person, or
b
is attributable to any neglect on his part,
that person as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.
2
In paragraph (1), “relevant person” means —
a
a director, manager, secretary or other similar officer of the corporate body;
b
in relation to a body corporate managed by its members, a member of that body performing managerial functions;
c
in relation to a Scottish partnership, a partner;
d
a person purporting to act as a person described within (a), (b) or (c).
Remediation orders
27
1
This regulation applies to a person convicted of an offence under these Regulations.
2
The court may specify in an order (“a remediation order”) —
a
the steps that the convicted person must take to remedy any of the matters for which he has been convicted; and
b
the period within which those steps must be taken.
3
A period specified in a remediation order may be extended if an application is made to the court within that period.
4
A convicted person does not continue to be liable under regulation 23 or 24 in respect of the matters covered by a remediation order.
5
A remediation order may be made in addition to, or instead of, any other punishment.
PART 7 Revocations
Revocations
28
The instruments listed in Schedule 10 are revoked to the extent stated in that Schedule.
Joan Ruddock
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
14th July 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions (Amendment) Order 2007 and shall come into force on 9th April 2007.
2
In this Order, “the principal Order ” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006, and, except where the context otherwise requires, a reference to a numbered article, Part, Table or Schedule is a reference to the article, Part, Table or Schedule in the principal Order which bears that number.
Amendments to the principal Order and application
2
The amendments to the principal Order contained in Schedule 1 to this Order shall have effect.
Christine Cook
Deputy Clerk of the Privy Council


text:
Citation, commencement and application
1
1
This Order may be cited as the Town and Country Planning (Regions) (New Forest National Park) (England) Order 2007 and shall come into force on 18th December 2007.
2
This Order applies in relation to England only.
Treatment of area within New Forest National Park
2
The Secretary of State directs that the area of the New Forest National Park (which falls within the South East region and the South West region) is treated as falling wholly within the South East region.
Signed by authority of the Secretary of State for Communities and Local Government
Parmjit Dhanda
Parliamentary Under Secretary of State
Department for Communities and Local Government
13th November 2007