text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2008 and, subject to paragraphs (2) and (3), shall come into force on 14th April 2008.
2
This regulation and regulations 2(6), (14)(b) and (15)(c), 4(11), (16)(a) and (17)(b), 6(3), (5)(a) and (6)(b) and 7(3), (5)(a) and (6)(b), in so far as they relate to a particular beneficiary, shall come into force on the first day of the first benefit week to commence for that beneficiary on or after 7th April 2008.
3
Regulation 4(14)(a) and (b), in so far as it relates to a particular beneficiary, shall come into force on 7th April 2008, immediately after Article 24(3) of and Schedule 14 to the Social Security Benefits Up-rating Order 2008 comes into force.
4
In paragraph (2), “benefit week” has the same meaning as in —
a
regulation 2(1) of the Income Support (General) Regulations 1987 , so far as it relates to regulations 2(6), (14)(b) and (15)(c);
b
regulation 1(3) of the Jobseeker’s Allowance Regulations 1996 , so far as it relates to regulations 4(11), (16)(a) and (17)(b);
c
regulation 2(1) of the Housing Benefit Regulations 2006 , so far as it relates to regulations 6(3), (5)(a) and (6)(b);
d
regulation 2(1) of the Council Tax Benefit Regulations 2006 , so far as it relates to regulations 7(3), (5)(a) and (6)(b).
Amendment of the Income Support (General) Regulations 1987
2
1
The Income Support (General) Regulations 1987 are amended as follows.
2
In regulation 2(1) (interpretation) omit the definition of “Intensive Activity Period for 50 plus”.
3
In regulation 5(5) (persons treated as engaged in remunerative work) for “35(1)(b) to (d) and (i)” substitute “35(1)(b) and (d)”.
4
In regulation 13 (circumstances in which persons in relevant education are to be entitled to income support) —
a
in paragraph (2) after “a person who” insert “(subject to paragraph (2A))”;
b
after paragraph (2) insert —
2A
For the purposes of paragraph (2) —
a
the eligible person shall be treated as satisfying the condition prescribed in regulation 8 of the Child Benefit (General) Regulations 2006 (child benefit not payable in respect of qualifying young person: other financial support);
b
where sub-paragraphs (c) to (e) apply, the eligible person shall be treated as satisfying the condition prescribed in regulation 5(2)(e) and (f) of the Child Benefit (General) Regulations 2006 (extension period: 16 and 17 year olds).
.
5
In regulation 29 (calculation of earnings derived from employed earner’s employment and income other than earnings) —
a
for sub-paragraph (2)(a) substitute —
a
where the payment is monthly, a period equal to the number of weeks from the date on which the payment is treated as paid to the date immediately before the date on which the next monthly payment would have been so treated as paid whether or not the next monthly payment is actually paid;
aa
where the payment is in respect of a period which is not monthly, a period equal to the length of the period for which payment is made;
;
b
omit paragraphs (4B) and (4D)(b) .
6
In regulation 30 (calculation of earnings of self-employed earners) —
a
in paragraph (2), for “royalties or sums paid periodically for or in respect of any copyright” substitute “any items to which paragraph (2A) applies”;
b
after that paragraph insert —
2A
This paragraph applies to —
a
royalties;
b
sums paid periodically for or in respect of any copyright;
c
payments in respect of any book registered under the Public Lending Right Scheme 1982.
.
7
In regulation 35 (earnings of employed earners) omit paragraphs (1)(i)(i), (1A) and (3)(b).
8
In —
a
regulation 42(4ZA)(c)(iia) and (6A)(b)(i) (notional income) ,
b
regulation 51(3A)(b)(iia) (notional capital) , and
c
paragraphs 4(4A)(a), 14(1)(ee)(i), (3B) and (12)(c)(iv) of Schedule 3 (housing costs) ,
omit “or in the Intensive Activity Period for 50 plus”.
9
In regulation 48 (income treated as capital) omit paragraph (11).
10
In regulation 72(2) (assessment of income and capital in urgent cases) for “Part II of the Social Security and Housing Benefits Act 1982” substitute “Part 7 of the Contributions and Benefits Act”.
11
In Schedule 1B (prescribed categories of person) omit paragraphs 26 and 27.
12
In paragraph 7(1)(b) of Schedule 2 (applicable amounts) omit “for Employment”.
13
In paragraph 14(3ZA)(a) of Schedule 3 (housing costs) omit “, in the Intensive Activity Period for 50 plus”.
14
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 4 for “of statutory sick pay under Part 1 of the Social Security and Housing Benefits Act 1982 or statutory maternity pay under Part V of the Act, statutory paternity pay under Part 12ZA of the Contributions and Benefits Act, statutory adoption pay under Part” substitute “under Parts 11 to”;
b
for paragraph 28 substitute —
28
1
Any payment made by a local authority in accordance with —
a
section 17, 23B, 23C or 24A of the Children Act 1989 ,
b
section 12 of the Social Work (Scotland) Act 1968 , or
c
section 29 or 30 of the Children (Scotland) Act 1995 .
2
Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) to a person (“A”) which A passes on to the claimant.
3
Sub-paragraphs (1) and (2) are subject to the following provisions.
4
Neither of those sub-paragraphs applies where the claimant is a person —
a
to whom section 126 of the Contributions and Benefits Act (trade disputes) applies, or
b
in respect of whom section 124(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 127 of that Act (effect of return to work).
5
Sub-paragraph (2) applies only where A —
a
was formerly in the claimant’s care, and
b
is aged 18 or over, and
c
continues to live with the claimant.
;
c
omit paragraphs 41 and 42 ;
d
for paragraph 46 substitute —
46
Any payment in consequence of a reduction of council tax under section 13 or 80 of the Local Government Finance Act 1992 (reduction of liability for council tax).
.
15
In Schedule 10 (capital to be disregarded) —
a
in paragraph 7(1) , for paragraph (b) substitute —
b
an income-related benefit or an income-based jobseeker’s allowance, child tax credit or working tax credit under Part 1 of the Tax Credits Act 2002 ;
;
b
in paragraph 10 omit “supplementary benefit or”;
c
for paragraph 17 substitute —
17
1
Any payment made by a local authority in accordance with —
a
section 17, 23B, 23C or 24A of the Children Act 1989,
b
section 12 of the Social Work (Scotland) Act 1968, or
c
section 29 or 30 of the Children (Scotland) Act 1995.
2
Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) to a person (“A”) which A passes on to the claimant.
3
Sub-paragraphs (1) and (2) are subject to the following provisions.
4
Neither of those sub-paragraphs applies where the claimant is a person —
a
to whom section 126 of the Contributions and Benefits Act (trade disputes) applies, or
b
in respect of whom section 124(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 127 of that Act (effect of return to work).
5
Sub-paragraph (2) applies only where A —
a
was formerly in the claimant’s care, and
b
is aged 18 or over, and
c
continues to live with the claimant.
;
d
omit paragraphs 32 and 33 ;
e
in paragraph 36 omit “a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charge) or reduction of”.
Amendment of the Social Security (Claims and Payments) Regulations 1987
3
1
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
2
In Schedule 9 (deductions from benefit and direct payments to third parties) —
a
in paragraph 5 —
i
in paragraph (1)(c) before “he” insert “unless sub-paragraph (1A) applies,”;
ii
at the appropriate place insert —
1A
This sub-paragraph applies where the rent includes charges for services included under paragraph 4A(1)(d) and the arrears for these services exceed £100.00.
;
iii
in sub-paragraph (6) after “(1)” insert “or (1A)”;
iv
in sub-paragraph (7) after “(1)” insert “or (1A)”;
b
in paragraph 7C (eligible loans) —
i
in sub-paragraph (1), in the definition of “eligible lender”, at the appropriate place insert —
e
a community interest company within the meaning of Part 2 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 ,
;
ii
in sub-paragraph (3), for “single borrower” substitute “single claimant” .
Amendment of the Jobseeker’s Allowance Regulations 1996
4
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 1(3) (interpretation) —
a
in the definition of “employment zone contractor” omit “for Education and Employment”;
b
omit the definition of “Intensive Activity Period for 50 plus”;
c
in the definition of “training allowance” omit “for Education and Employment” in both places where it occurs.
3
In regulation 4 (interpretation of Parts 2, 4 and 5) in the definition of “appropriate office” for “Education and Employment” insert “Work and Pensions”.
4
In regulation 14(1)(k) (circumstances in which a person is to be treated as available) for “the Secretary of State for the Home Department with the Trust” substitute “the Scottish Ministers”.
5
In regulation 15(bc) (circumstances in which a person is not to be regarded as available) —
a
after “ordinary” insert “or additional”;
b
after “75A” insert “or 75B”.
6
In regulation 19(1)(k) (circumstances in which a person is to be treated as actively seeking employment) for “the Secretary of State for the Home Department with the Trust” substitute “the Scottish Ministers”.
7
In regulation 48(2)(f)(ii) (linking periods) for “, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) or in the Intensive Activity Period for 50 plus” substitute “or in the Intensive Activity Period specified in regulation 75(1)(a)(iv)”.
8
In regulation 52(3) (persons treated as engaged in remunerative work) for “98(1)(b) and (c)” substitute “98(1)(c)”.
9
In regulation 75(4) (interpretation) omit “or the Intensive Activity period for 50 plus”.
10
For regulation 94(2)(a) (calculation of earnings derived from employed earner’s employment and income other than earnings) substitute —
a
where the payment is monthly, a period equal to the number of weeks from the date on which the payment is treated as paid to the date immediately before the date on which the next monthly payment would have been so treated as paid whether or not the next monthly payment is actually paid;
aa
where the payment is in respect of a period which is not monthly, a period equal to the length of the period for which payment is made;
.
11
In regulation 95 (calculation of earnings of self-employed earners) —
a
in paragraph (2) for “royalties or sums paid periodically for or in respect of any copyright” substitute “any items to which paragraph (2A) applies”;
b
after that paragraph insert —
2A
This paragraph applies to —
a
royalties;
b
sums paid periodically for or in respect of any copyright;
c
payments in respect of any book registered under the Public Lending Right Scheme 1982.
.
12
In —
a
regulation 105(10A)(c)(iia) and (13A)(b)(i) (notional income) ; and
b
regulation 113(3A)(b)(iia) (notional capital) ,
omit “in the Intensive Activity Period for 50 plus or”.
13
In regulation 149(2) (assessment of income and capital in urgent cases) omit “or Part II of the Social Security and Housing Benefits Act 1982”.
14
In Schedule 1 (applicable amounts) —
a
in paragraph 1(3)(e), for the entry in column (1) substitute —
e
where —
i
both members are aged not less than 18; or
ii
one member is aged not less than 18 and the other member is a person who is —
aa
under 18, and
bb
treated as responsible for a child;
;
b
in paragraph 1(3)(f), after “where” insert “paragraph (e) does not apply and”;
c
in paragraph 8(1)(b) omit “for Education and Employment”.
15
In paragraphs 4(4A)(a), 13(1)(ee)(i), (3A)(a) and (14)(c)(iv) of Schedule 2 (housing costs) , omit “or in the Intensive Activity Period for 50 plus”.
16
In Schedule 7 (sums to be disregarded in the calculation of income other than earnings) —
a
for paragraph 29 substitute —
29
1
Any payment made by a local authority in accordance with —
a
section 17, 23B, 23C or 24A of the Children Act 1989 ,
b
section 12 of the Social Work (Scotland) Act 1968 , or
c
section 29 or 30 of the Children (Scotland) Act 1995 .
2
Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) to a person (“A”) which A passes on to the claimant.
3
Sub-paragraphs (1) and (2) are subject to the following provisions.
4
Neither of those sub-paragraphs applies where the claimant is a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes).
5
Sub-paragraph (2) applies only where A —
a
was formerly in the claimant’s care, and
b
is aged 18 or over, and
c
continues to live with the claimant.
;
b
for paragraph 45 substitute —
45
Any payment in consequence of a reduction of council tax under section 13 or 80 of the Local Government Finance Act 1992 (reduction in liability for council tax).
.
17
In Schedule 8 (capital to be disregarded) —
a
in paragraph 12(1)(b) omit “working families’ tax credit under section 128 of that Act, disabled person’s tax credit under section 129 of that Act,”;
b
for paragraph 22 substitute —
22
1
Any payment made by a local authority in accordance with —
a
section 17, 23B, 23C or 24A of the Children Act 1989,
b
section 12 of the Social Work (Scotland) Act 1968, or
c
section 29 or 30 of the Children (Scotland) Act 1995.
2
Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) to a person (“A”) which A passes on to the claimant.
3
Sub-paragraphs (1) and (2) are subject to the following provisions.
4
Neither of those sub-paragraphs applies where the claimant is a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes).
5
Sub-paragraph (2) applies only where A —
a
was formerly in the claimant’s care, and
b
is aged 18 or over, and
c
continues to live with the claimant.
;
c
in paragraph 35 omit “a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charge) or reduction of”.
Amendment of the State Pension Credit Regulations 2002
5
1
The State Pension Credit Regulations 2002 are amended as follows.
2
In paragraph 5(5)(a) of Schedule 2 (housing costs), for “, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or the Intensive Activity Period for 50 plus” substitute “or in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations”.
Amendment of the Housing Benefit Regulations 2006
6
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) omit the definition of “Intensive Activity Period for 50 plus”.
3
In regulation 37 (earnings of self-employed earners) after paragraph (2) add —
3
This paragraph applies to —
a
royalties;
b
sums paid periodically for or in respect of any copyright;
c
payments in respect of any book registered under the Public Lending Right Scheme 1982.
4
Where the claimant’s earnings consist of any items to which paragraph (3) applies, those earnings shall be taken into account over a period equal to such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the earnings by the amount of housing benefit which would be payable had the payment not been made plus an amount equal to the total of the sums which would fall to be disregarded from the payment under Schedule 4 (sums to be disregarded in the calculation of earnings) as appropriate in the claimant’s case.
.
4
In —
a
regulation 42(7)(c)(iii) and (10)(b)(i) (notional income); and
b
regulation 49(4)(b)(iii) (notional capital),
omit “or in the Intensive Activity Period for 50 plus”.
5
In Schedule 5 (sums to be disregarded in the calculation of income other than earnings) —
a
after paragraph 28 insert —
28A
1
Subject to sub-paragraph (2), any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) to a person (“A”) which A passes on to the claimant.
2
Sub-paragraph (1) applies only where A —
a
was formerly in the claimant’s care, and
b
is aged 18 or over, and
c
continues to live with the claimant.
;
b
omit paragraphs 37 and 48;
c
in paragraph 41 omit “, as the case may be,”.
6
In Schedule 6 (capital to be disregarded) —
a
for paragraph 9(1)(b) substitute —
b
an income-related benefit under Part 7 of the Act;
;
b
after paragraph 19 insert —
19A
1
Subject to sub-paragraph (2), any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) to a person (“A”) which A passes on to the claimant.
2
Sub-paragraph (1) applies only where A —
a
was formerly in the claimant’s care, and
b
is aged 18 or over, and
c
continues to live with the claimant.
;
c
omit paragraph 29.
Amendment of the Council Tax Benefit Regulations 2006
7
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) omit the definitions of “Intensive Activity Period for 50 plus” and “Supplementary Benefit”.
3
In regulation 27 (earnings of self-employed earners) after paragraph (2) add —
3
This paragraph applies to —
a
royalties;
b
sums paid periodically for or in respect of any copyright;
c
payments in respect of any book registered under the Public Lending Right Scheme 1982.
4
Where the claimant’s earnings consist of any items to which paragraph (3) applies, those earnings shall be taken into account over a period equal to such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the earnings by the amount of council tax benefit which would be payable had the payment not been made plus an amount equal to the total of the sums which would fall to be disregarded from the payment under Schedule 3 (sums to be disregarded in the calculation of earnings) as appropriate in the claimant’s case.
.
4
In —
a
regulation 32(7)(c)(iii) and (10)(b)(i) (notional income); and
b
regulation 39(4)(b)(iii) (notional capital),
omit “or in the Intensive Activity Period for 50 plus”.
5
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) —
a
after paragraph 29 insert —
29A
1
Subject to sub-paragraph (2), any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) to a person (“A”) which A passes on to the claimant.
2
Sub-paragraph (1) applies only where A —
a
was formerly in the claimant’s care, and
b
is aged 18 or over, and
c
continues to live with the claimant.
;
b
omit paragraphs 39 and 49;
c
in paragraph 43 omit “, or as the case may be,”.
6
In Schedule 5 (capital to be disregarded) —
a
for paragraph 9(1)(b) substitute —
b
an income-related benefit under Part 7 of the Act;
;
b
after paragraph 19 insert —
19A
1
Subject to sub-paragraph (2), any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) to a person (“A”) which A passes on to the claimant.
2
Sub-paragraph (1) applies only where A —
a
was formerly in the claimant’s care, and
b
is aged 18 or over, and
c
continues to live with the claimant.
;
c
omit paragraphs 30 and 44.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
11th March 2008


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations —
a
may be cited as the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2008, and
b
come into force on 12th February 2008.
2
These Regulations apply in relation to authorities in England only .
3
These Regulations apply in relation to the financial year beginning on 1st April 2008.
Interpretation
2
In these Regulations —
“the 1992 Act ” means the Local Government Finance Act 1992;
“the 1999 Act ” means the Greater London Authority Act 1999.
Budget requirement (billing authorities) – calculation
3
Section 32 of the 1992 Act has effect as if —
a
in subsection (3)(a) , the words “or relevant special grant” were omitted;
b
for subsection (12) there were substituted the following subsection —
12
In this section and section 33 below “police grant” means the grant payable in accordance with column (a) of paragraph 3.1 of the Police Grant Report (England and Wales) 2008/09 approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996 on 4th February 2008.
; and
c
after subsection (12) there were inserted the following subsection —
12A
In this section and section 33 below —
a
references to sums payable for the financial year in respect of redistributed non-domestic rates are references to sums so payable in accordance with the Local Government Finance Report (England) 2008/2009 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 4th February 2008, and
b
references to sums payable for the financial year in respect of revenue support grant are references to sums so payable in accordance with that report.
.
Basic amount of council tax (billing authorities) - calculation
4
Section 33(1) of the 1992 Act has effect as if the words “or relevant special grant” in item P were omitted.
Budget requirement (major precepting authorities other than the Greater London Authority) - calculation
5
Section 43 of the 1992 Act has effect as if —
a
in subsection (3)(a)(i) , the words “, relevant special grant” were omitted; and
b
for subsection (6A) there were substituted the following subsection —
6A
In this section and section 44 below —
a
“police grant” has the meaning given by section 32(12) above, and
b
references to sums payable for the financial year in respect of redistributed non-domestic rates or revenue support grant are to be construed in accordance with section 32(12A) above.
.
Basic amount of council tax (major precepting authorities other than the Greater London Authority) - calculation
6
Section 44(1) of the 1992 Act has effect as if the words “, relevant special grant” in item P were omitted.
Budget requirement (Greater London Authority) - calculation
7
Section 85 of the 1999 Act has effect as if —
a
in subsection (5)(a)(i) , the words “relevant special grant,” were omitted; and
b
after subsection (9) there were added the following subsection —
9A
In subsection (5)(a) —
a
the reference to sums payable for the financial year in respect of redistributed non-domestic rates is a reference to sums so payable in accordance with the Local Government Finance Report (England) 2008/2009 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 4th February 2008, and
b
the reference to sums payable for the financial year in respect of revenue support grant is a reference to sums so payable in accordance with that report.
.
Basic amount of council tax (Greater London Authority) - calculation
8
Section 88 of the 1999 Act has effect as if —
a
in subsection (2) , in the definition of P1, paragraph (e) and the word “and” preceding it were omitted;
b
after subsection (2) there were added the following subsection —
2A
In the definition of P1 in subsection (2) above —
a
the reference to sums payable for the financial year in respect of redistributed non-domestic rates is a reference to sums so payable in accordance with the Local Government Finance Report (England) 2008/2009 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 4th February 2008, and
b
the reference to sums payable for the financial year in respect of revenue support grant is a reference to sums so payable in accordance with that report.
;
c
in subsection (3) , for the words “In the definition of P1 in subsection (2) above” there were substituted the words “In that definition”; and
d
in subsection (4) , paragraph (d) and the word “and” preceding it were omitted.
Additional calculation: special item for part of Greater London
9
Section 89 of the 1999 Act has effect as if —
a
in subsection (4) , in the definition of P2, paragraph (f) and the word “and” preceding it were omitted;
b
after subsection (4) there were added the following subsection —
4A
In the definition of P2 in subsection (4) above —
a
the reference to sums payable for the financial year in respect of redistributed non-domestic rates is a reference to sums so payable in accordance with the Local Government Finance Report (England) 2008/2009 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 4th February 2008, and
b
the reference to sums payable for the financial year in respect of revenue support grant is a reference to sums so payable in accordance with that report.
;
c
in subsection (5) , for the words “In the definition of P2 in subsection (4) above” there were substituted the words “In that definition”; and
d
in subsection (6) , paragraph (e) and the word “and” preceding it were omitted.
Interpretation of Chapter 1 of Part 3 of the 1999 Act
10
Section 99 of the 1999 Act has effect as if the definition of “relevant special grant” were omitted.
Distribution of grants by the Greater London Authority
11
Section 102 of the 1999 Act has effect as if —
a
in subsection (2) , paragraph (c) were omitted; and
b
for subsection (8) there were substituted the following subsection —
8
In this section —
a
the reference to sums received for the financial year in respect of redistributed non-domestic rates is a reference to sums so received in consequence of the Local Government Finance Report (England) 2008/2009 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 4th February 2008, and
b
the reference to sums received for the financial year in respect of revenue support grant is a reference to sums so received in consequence of that report.
.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
5th February 2008


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Vehicle Drivers (Certificates of Professional Competence) (Amendment) (No. 2) Regulations 2008 and come into force on 1st September 2008.
2
These Regulations (except regulation 9 (appeals)) extend to Northern Ireland.
Amendment of the Access to Driver Licensing Records Regulations
2
1
The Motor Vehicles (Access to Driver Licensing Records) Regulations 2001 are amended as follows.
2
In regulation 2 (purposes for which access may be given) —
a
for “Police Information Technology Organisation” substitute “National Policing Improvement Agency ”; and
b
in paragraph (a) —
i
at the end of subparagraph (iv) omit “and”; and
ii
at the end add —
;and
vi
the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007;
.
Amendment of the 2007 Regulations
3
The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 are amended as follows.
Interpretation
4
In regulation 2(1) (interpretation) after the definition of “initial CPC test” insert —
”NVT certificate” means an authorisation issued by the competent authority under regulation 4(5)(d) or 8B(3);
.
Persons who must take initial CPC test
5
After regulation 4(5) (persons who must take initial CPC test) insert —
5A
A person who wishes the competent authority to issue an NVT certificate to him under paragraph (5)(d) must make a written application to the competent authority and pay to it a fee of £25.
5B
The competent authority may waive in whole or in part the fee payable under paragraph (5A).
.
Initial CPC test
6
In regulation 5 (initial CPC test) —
a
after paragraph (2) add —
2A
The competent authority may vary any conditions imposed under paragraph (2) by notice in writing to the person to whom the approval was given.
,
b
after paragraph (5) add —
5A
A person must pass the theoretical test referred to in the table at the end of this regulation before taking the practical test referred to there and must pass the practical test not more than 24 months after passing the theoretical test.
,
c
in paragraph (6) for “An applicant for the initial CPC test” substitute “Where an initial CPC test is organised by a competent authority, an applicant for the test”,
d
after paragraph (6) insert —
6A
A person approved under paragraph (1) shall pay to the competent authority in respect of each test which it conducts a fee of £41 for a practical test and £30 for a theoretical test.
6B
The competent authority may waive in whole or in part the fee payable under paragraph (6) or (6A).
,
e
in paragraph (7) for “That sum” substitute “The sums referred to in paragraphs (6) and (6A)”,
f
after paragraph (7) insert —
8
For the purposes of this regulation, a test commences during normal hours if the time for which the test appointment is made is at or after 0830 hours but not after 1630 hours on a working day.
9
In paragraph (8), “working day” means a day other than a Saturday, Sunday, bank holiday, Christmas Day or Good Friday (and “bank holiday” means a day to be observed as such under section 1 of and Schedule 1 to the Banking and Financial Dealings Act 1971 ).
, and
g
in the table at the end of the regulation —
i
in the first column for “Practical test” substitute “Practical test commencing during normal hours” and in the second column for “£41” substitute “£55”; and
ii
at the end add in the first column “Practical test commencing at any other time” and in the second column “£63”.
7
After regulation 5 insert —
Further requirements at tests: initial CPC test
5A
1
A person submitting himself for either the theoretical test or the practical test shall before the test commences —
a
produce to the person conducting the test an appropriate licence authorising him to drive a motor vehicle of a class included in the category in respect of which the test is to be taken and, where that licence has a counterpart, the counterpart of that licence; and
b
except where he has produced an appropriate licence containing his photograph, satisfy the person conducting the test as to his identity in accordance with paragraph (3).
2
A person submitting himself for either the theoretical test or the practical test who produces a licence which fails to satisfy the person conducting the test, after an examination or otherwise, that it is an appropriate licence as required under paragraph (1) must surrender the licence forthwith to the person conducting the test.
3
For the purposes of this regulation, a person conducting a test may be satisfied as to a person’s identity from a valid passport.
4
In this regulation, “appropriate licence” means a licence authorising the person submitting himself for the test to drive a motor vehicle of a class included in the category in respect of which the test is to be taken which —
a
is either —
i
a driving licence;
ii
a provisional licence within the meaning of section 108(1) of the 1988 Act or article 19D(1) of the 1981 Order; or
iii
a Community licence;
b
is valid at the date of the test; and
c
bears the signature of the person who has submitted himself for the test.
.
Periodic training courses: further requirements
8
In regulation 6 (persons providing periodic training courses) —
a
for paragraph (5) substitute —
5
Where it appears to the competent authority that —
a
any conditions of an approval given under paragraph (3)(a) are not being complied with; or
b
an approval under paragraph (3)(a) or (b) or (9) was given in error,
the competent authority may send notice to the person to whom the approval was given that it is minded to withdraw or suspend its approval.
,
b
for paragraph (10) substitute —
10
A person to whom these Regulations apply may take a periodic training course approved under this regulation if that person is —
a
a national of a member State and normally resident in the United Kingdom;
b
a national of a member State and works in the United Kingdom, or
c
a national of a third country and authorised to work in the United Kingdom.
, and
c
at the end add —
11
The provisions of regulation 5A(1), (3) and (4) (further requirements at tests: initial CPC test) shall apply in respect of a periodic training course and for that purpose a reference in those provisions to a test shall be read as a reference to a periodic training course.
.
Appeals
9
After regulation 6, insert —
Appeals
6A
1
A person who is aggrieved by a decision of the competent authority —
a
not to approve a person to provide periodic training courses under regulation 6(3)(a) (persons providing periodic training courses);
b
not to approve a periodic training course which a person wishes to provide under regulation 6(3)(b);
c
to withdraw an approval under regulation 6(7);
d
to suspend an approval under regulation 6(7); or
e
not to approve a training course under regulation 6(9),
may by notice in writing appeal to the Transport Tribunal within the period of 28 days beginning with the day on which the notice of the decision was given.
2
On the appeal the Transport Tribunal may make such order for the grant or refusal of approval for the person or course or for the withdrawal, suspension or continuation of an approval (as the case may be) as they think fit.
3
An order on an appeal under paragraph (1)(a) or (c) may direct that an application by the appellant for an approval to provide periodic training courses under regulation 6(3)(a) shall not be entertained before the expiration of such period, not exceeding four years, beginning with the day on which the order is made, as may be specified in the order.
4
If the Tribunal considers that any evidence adduced on an appeal has not been adduced to the competent authority before it gave the decision to which the appeal relates, the Tribunal may (instead of making the order under paragraph (2)) remit the matter to the competent authority for it to reconsider the decision.
.
Record of periodic training by competent authority
10
In regulation 7(1)(b) (record of periodic training by competent authority) omit “a fee of £5” and at the end add “a fee equal to the sum of £1.25 multiplied by the duration of the course in hours and for this purpose part of an hour shall be treated as an hour”.
Driver Qualification Card
11
In regulation 8 (driver qualification card) —
a
for paragraph (1) substitute —
1
The competent authority shall issue a driver qualification card to a person to whom this regulation applies if —
a
it is satisfied that that person has passed the initial CPC test in accordance with regulation 5(1); or
b
i
it is satisfied that that person has completed 35 hours of periodic training entitling him to a periodic CPC; and
ii
the completion of that training has been notified to a competent authority under regulation 7(1).
.
b
omit paragraphs (2), (3), (5), (6) and (7),
c
in paragraph (4) for the words from “who” to “paragraph (3)” substitute “to whom a driver qualification card is issued under paragraph (1), that card”, and
d
at the end add —
8
This regulation applies to a person who —
a
i
is a national of a member State and normally resident in the United Kingdom;
ii
is a national of a member State and works in the United Kingdom; or
iii
is a national of a third country and authorised to work in the United Kingdom; and
b
holds a driving licence in the form of a photocard.
.
12
After regulation 8 insert —
8A
1
A person (other than a person to whom regulation 8 applies) may apply to the competent authority for a driver qualification card if he has passed the initial CPC test in accordance with regulation 5(1).
2
A person who falls within regulation 6(10) may apply to the competent authority for a driver qualification card if he has completed 35 hours of periodic training entitling him to a periodic CPC and either —
a
he does not hold a driving licence in the form of a photocard; or
b
some or all of the periodic training which he has completed was undertaken outside the United Kingdom.
3
The person shall send to the competent authority —
a
the fee specified in paragraph (6);
b
if the competent authority so requests, a photograph of that person in such form as it may require; and
c
in the case of an application made under paragraph (2), such documents or information as the competent authority may require in respect of periodic training undertaken by that person outside the United Kingdom.
4
Upon receipt of the items specified in paragraph (3), the competent authority shall issue that person with a driver qualification card if it is satisfied that the person has (as the case may be) —
a
passed the initial CPC test; or
b
completed the periodic training entitling him to a periodic CPC.
5
In respect of persons who make an application under this regulation, the driver qualification card issued under paragraph (4) shall be the CPC for the purposes of Article 6(1)(b) (CPC awarded on the basis of tests) or Article 8(1) (CPC certifying periodic training) of the Directive, as the case may be.
6
The fee shall be £25.
7
The competent authority may waive the fee specified in paragraph (6) in whole or in part if it thinks fit.
8
For the purposes of paragraph (4)(b) the competent authority shall take account of periodic training undertaken outside the United Kingdom.
Damaged, lost or stolen documents
8B
1
If a driver qualification card or an NVT certificate is damaged, lost or stolen, the person to whom that document was issued shall as soon as practicable notify the competent authority in writing and shall provide such information or documents concerning the damage, loss or theft as the competent authority may require.
2
If a driver qualification card or an NVT certificate is found at any time after the competent authority has been notified in accordance with paragraph (1) of the loss or theft of it, the person to whom that document was issued shall, if it is in his possession, return it to the competent authority, or if it is not in his possession, but he becomes aware that it is found, he shall take all reasonable steps to take possession of it and, if successful, shall return it to the competent authority as soon as practicable.
3
If a driver qualification card or an NVT certificate has been damaged, lost or stolen, the competent authority must upon payment to it of a fee of £25 issue a replacement document to the person to whom that document was originally issued.
4
The competent authority may waive the fee specified in paragraph (3) in whole or in part if it thinks fit.
5
A person who does not comply with the requirements of paragraph (1) or (2) is guilty of an offence.
6
A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
.
Time limits for obtaining a CPC
13
In regulation 9 (time limits for obtaining a CPC) omit paragraph (6).
Requirement to carry and produce evidence of CPC or of training exemption in vehicle
14
In regulation 11 (requirement to carry and produce evidence of CPC or of training exemption in vehicle) —
a
in paragraph (1) for “vehicle” substitute “relevant vehicle”;
b
for paragraph (4) substitute —
4
Paragraph (1) does not apply to a person —
a
who has been issued with a driver qualification card by the competent authority under regulation 8(1) or 8A(4) but has not yet received it; or
b
whose driver qualification card has been damaged, lost or stolen, who has notified the competent authority under regulation 8B(1) and who has paid the fee specified in regulation 8B(3) but who has not yet received a replacement card.
,
c
for paragraph (5) substitute —
5
Subject to paragraph (5A), a person to whom regulation 4(5) applies who does not carry an NVT certificate with him in the relevant vehicle which he is driving is guilty of an offence.
, and
d
after paragraph (5) insert —
5A
Paragraph (5) does not apply to a person —
a
who has been issued with an NVT certificate by the competent authority but has not yet received it; or
b
whose NVT certificate has been damaged, lost or stolen, who has notified the competent authority under regulation 8B(1) and who has paid the fee specified in regulation 8B(3) but who has not yet received a replacement certificate.
5B
In paragraphs (4)(b) and (5A)(b), the reference to the fee specified in regulation 8B(3) is a reference to the fee insofar as it has not been waived under regulation 8B(5).
.
Document errors
15
For paragraph (1) of regulation 12 (document errors) substitute —
1
Where it appears to the competent authority that —
a
an NVT certificate, or
b
a driver qualification card issued by it under regulation 8(1), 8A(4) or 8B(3),
was granted in error, or with an error or omission in the particulars specified in it, it may serve a notice in writing on that person revoking it and requiring him to surrender it to the authority forthwith.
.
Forgery and false statements
16
In regulation 13 (forgery and false statements) —
a
in paragraph (1)(a) omit “”4(5)(d) or” and at the end add “or an NVT certificate”, and
b
in paragraph (3) for “the issue of a driver qualification card under regulation 8(3)” substitute “the issue of a driver qualification card under regulation 8(1), 8A(4) or 8B(3) or the issue of an NVT certificate”.
Signed on behalf of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
18th July 2008
We approve the making of these Regulations
Dave Watts
Claire M Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 2008


text:
Introductory
1
1
This Order may be cited as the Copyright and Performances (Application to Other Countries) Order 2008 and shall come into force on 6th April 2008.
2
In this Order “ the Act ” means the Copyright, Designs and Patents Act 1988.
3
The Copyright and Performances (Application to Other Countries) Order 2007 is revoked .
Literary, dramatic, musical and artistic works, films and the typographical arrangement of published editions
2
1
All the provisions of Part 1 of the Act, insofar as they relate to literary, dramatic, musical and artistic works, films and the typographical arrangement of published editions, apply in relation to the countries indicated in the second column of the table set out in the Schedule so that those provisions apply —
a
in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,
b
in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and
c
in relation to works first published in those countries as they apply in relation to works first published in the United Kingdom,
subject to paragraph (2).
2
Where a literary, dramatic, musical or artistic work was first published before 1st June 1957 it shall not qualify for copyright protection by reason of section 154 (qualification by reference to author).
Sound recordings
3
1
Except for the provisions listed in paragraph (2)(a), all the provisions of Part 1 of the Act, insofar as they relate to sound recordings, apply in relation to the countries indicated in the third column of the table set out in the Schedule so that those provisions apply —
a
in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,
b
in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and
c
in relation to works first published in those countries as they apply in relation to works first published in the United Kingdom.
2
Where in the third column of the table set out in the Schedule the entry for a country —
a
includes an asterisk (*), the following provisions of Part 1 of the Act, insofar as they relate to sound recordings, also apply to that country —
i
section 18A (infringement by rental or lending of work to the public) insofar as it applies to lending;
ii
section 19 (infringement by playing of work in public) ;
iii
section 20 (infringement by communication to the public) ;
iv
section 26 (secondary infringement: provision of apparatus for infringing performance, &c); and
v
section 107(2A) and (3) (criminal liability for communicating to the public or playing a sound recording) ;
b
includes a hash (#), the following provisions of Part 1 of the Act, insofar as they relate to sound recordings, also apply to that country —
i
section 20 (infringement by communication to the public), except that references to communication to the public do not include the broadcasting of a sound recording; and
ii
section 107(2A) (criminal liability for communicating to the public), except that it does not apply in relation to the broadcasting of a sound recording.
Wireless broadcasts
4
1
Except for the provisions listed in paragraph (2), all the provisions of Part 1 of the Act, insofar as they relate to wireless broadcasts, apply in relation to the countries indicated in the fourth column of the table set out in the Schedule so that those provisions apply —
a
in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,
b
in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and
c
in relation to broadcasts made from those countries as they apply in relation to broadcasts made from the United Kingdom,
subject to paragraphs (3) to (5).
2
The following provisions of Part 1 of the Act, insofar as they relate to wireless broadcasts, also apply in relation to a country where its entry in the fourth column of the table set out in the Schedule does not include an asterisk (*) —
a
section 18A (infringement by rental or lending of work to the public);
b
section 19 (infringement by showing or playing of work in public), but only insofar as it relates to broadcasts other than television broadcasts;
c
section 20 (infringement by communication to the public), except in relation to broadcasting by wireless telegraphy;
d
section 26 (secondary infringement: provision of apparatus for infringing performance, &c), but only insofar as it relates to broadcasts other than television broadcasts;
e
section 107(2A) (criminal liability for communicating to the public), except in relation to broadcasting by wireless telegraphy.
3
The provisions of Part 1 of the Act do not apply in relation to a wireless broadcast made from a place in a country, referred to in paragraph (4), before the relevant date.
4
The relevant date in relation to a country —
a
where its entry in the fourth column of the table set out in the Schedule includes an “(X)”, is 1st June 1957;
b
where its entry in the fourth column of the table set out in the Schedule includes a “(Y)”, is 1st January 1996; or
c
where there is a date next to its entry in the fourth column of the table set out in the Schedule, is that date.
5
For the purposes of section 14(5) of the Act (duration of copyright in repeats) any wireless broadcast which does not qualify for copyright protection shall be disregarded.
Other broadcasts
5
All the provisions of Part 1 of the Act, insofar as they relate to broadcasts (other than wireless broadcasts), apply in relation to the countries indicated in the fifth column of the table set out in the Schedule so that those provisions apply —
a
in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,
b
in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and
c
in relation to broadcasts made from those countries as they apply in relation to broadcasts made from the United Kingdom.
Performances
6
1
The countries in respect of which the word “designated” is included in the sixth column of the table set out in the Schedule are designated as enjoying reciprocal protection under Part 2 of the Act.
2
The countries in respect of which the word “deemed” is included in the sixth column of the table set out in the Schedule shall be treated as if they were designated as enjoying reciprocal protection under Part 2 of the Act, except that —
a
in that Part the term “recording” shall be construed as applying only to sound recordings (and not to films);
b
the following provisions of Part 2 of the Act shall not apply —
i
section 182C (consent required for rental or lending of copies to public), insofar as it relates to lending ;
ii
section 182D (right to equitable remuneration for exploitation of sound recording);
iii
section 183 (infringement of performer’s rights by use of recording made without consent);
iv
sections 185 to 188 (rights of person having recording rights);
v
section 198(2) (criminal liability for playing or communicating to the public); and
c
where in the sixth column of the table set out in the Schedule the entry for a country includes an asterisk (*), the following provisions of Part 2 of the Act shall also not apply —
i
section 182CA (consent required for making available to the public) ;
ii
section 198(1A) (criminal liability for making available to the public).
Savings
7
1
For the purposes of this article an act is an “excluded act” where —
a
a person (A) has incurred any expenditure or liability in connection with the act; and
b
he —
i
began in good faith to do the act, or
ii
made in good faith effective and serious preparations to do the act,
at a time when the act neither infringed nor was restricted by the relevant rights in the work or performance.
2
Where another person (B) acquires those relevant rights pursuant to this Order, A has the right —
a
to continue to do the excluded act, or
b
to do the excluded act,
notwithstanding that the excluded act infringes or is restricted by those relevant rights.
3
Where B, or his exclusive licensee, pays reasonable compensation to A paragraph (2) no longer applies.
4
Where —
a
B offers to pay compensation to A under paragraph (3); but
b
A and B cannot agree on what compensation is reasonable,
either person may refer the matter to arbitration.
5
In this article “relevant rights” means copyright, the rights conferred by Chapter 4 of Part 1 of the Act and the rights conferred by Part 2 of the Act.
Judith Simpson
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Disease Control (England) (Amendment) Order 2008 and comes into force on 12th May 2008.
Amendment of the Disease Control (England) Order 2003
2
1
The Disease Control (England) Order 2003 is amended as follows.
2
In article 2, omit the definition of “veterinary surgeon”.
3
For paragraph (3) of article 14, substitute —
3
Every animal which is moved under a specific licence shall be kept separate throughout such movement from any animal which is not being moved under that licence.
.
4
In article 20(1), for “the Transport of Animals (Cleansing and Disinfection) (England) Order 2003” substitute “the Transport of Animals (Cleansing and Disinfection) (England) ( No. 3) Order 2003” .
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
9th April 2008


text:
Citation and commencement
1
This Order may be cited as the Inspectors of Education, Children’s Services and Skills (No. 4) Order 2008 and comes into force on 10th October 2008.
Appointment of Her Majesty’s Inspectors of Education, Children’s Services and Skills
2
The person named in the Schedule to this Order is appointed Her Majesty’s Inspector of Education, Children’s Services and Skills.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
This Order may be cited as the School Teachers’ Incentive Payments (England) Order 2008 and comes into force on 1st September 2008.
2
This Order applies only in relation to school teachers in England.
Interpretation
2
In this Order —
“accredited module” means a module on the relevant course which meets specific academic standards laid down by the provider of the course;
“authority” means a local education authority in England;
“relevant course” means one of the following courses —
“the Mathematics Development Programme for Teachers” provided by Liverpool Hope University, the University of Brighton or the University of Wolverhampton;
“the Science Additional Specialism Programme (Chemistry)” or “the Science Additional Specialism Programme (Physics)” provided by Edge Hill University in conjunction with the University of Cumbria, Keele University in conjunction with the West Midlands Science Learning Centre, or the University of Brighton;
“relevant post” means a permanent post or a post for a fixed term of at least one term in a school maintained by an authority in which the post holder is required to teach the subject which is the subject of the relevant course completed by that person.
Incentive payments to school teachers
3
A lump sum payment made by an authority or the governing body of a school maintained by an authority to a school teacher on taking up or remaining in a relevant post, in consideration of the teacher’s successful completion of a relevant course and an accredited module on that course, is not to be treated as remuneration for the purpose of section 122(1) of the Education Act 2002.
Jim Knight
Minister of State
Department for Children, Schools and Families
2nd August 2008


text:
Citation, commencement and interpretation
1
This Order may be cited as the Immigration (Biometric Registration) (Objection to Civil Penalty) Order 2008 and shall come into force on 25th November 2008.
2
In this Order —
“ the Act ” means the UK Borders Act 2007;
“working days” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where a person objecting to a penalty under section 10 of the Act resides.
Required form and contents of a notice of objection
3
Where a penalty notice is given under section 9(1) of the Act, a notice of objection to the penalty notice under section 10(1) of the Act must be given on the form set out in the Schedule to this Order.
4
The form must be completed in English or Welsh.
5
The notice of objection must include —
a
the penalty notice reference number;
b
the full name of the person issued with the penalty notice;
c
that person’s date of birth;
d
that person’s current residential address including postcode;
e
that person’s signature;
f
the date on which the person signed the notice of objection; and
g
a list of any supporting evidence provided with the notice of objection.
6
Where an appeal has been brought under section 11(1) of the Act, the notice of objection must state —
a
the name and address of the county court or sheriff to which the grounds for appeal were submitted;
b
the date that the appeal was submitted; and
c
any court reference number.
Period of time for giving a notice of objection
7
A notice of objection under section 10(1) of the Act must be given to the Secretary of State before the expiry of thirty working days beginning with the date specified on the penalty notice.
Period of time for Secretary of State to notify response to notice of objection
8
The Secretary of State shall notify the response to a notice of objection under section 10(4) of the Act before the expiry of thirty-three working days beginning with the date that the Secretary of State received the notice of objection.
Meg Hillier
Parliamentary Under Secretary of State
Home Office
29th October 2008


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Loan Relationships and Derivative Contracts (Change of Accounting Practice) (Amendment) Regulations 2008 and shall come into force on 7th January 2009.
2
Regulation 4 has effect in relation to periods of account beginning on or after 1st January 2008 and ending after 31 December 2008.
3
Regulation 5 has effect in relation to periods of account beginning on or after 1st January 2009.
Amendment of the Loan Relationships and Derivative Contracts (Change of Accounting Practice) Regulations 2004
2
The Loan Relationships and Derivative Contracts (Change of Accounting Practice) Regulations 2004 are amended as follows.
Amendment of regulation 2
3
In regulation 2 (interpretation) at the appropriate place insert —
“exchange gains and losses” —
in relation to a loan relationship shall be construed in accordance with sections 103(1A) and 103(1B) of the Finance Act 1996 ; and
in relation to a derivative contract shall be construed in accordance with paragraphs 54(2) and (3) of Schedule 26 to the Finance Act 2002;
.
Amendment of regulation 3A
4
1
Regulation 3A (prescribed debits and credits brought into account over prescribed period) is amended as follows.
2
In paragraph (2) insert at the beginning “Subject to paragraphs (7A) and (7B),”.
3
In paragraph (5) insert at the beginning “Subject to paragraphs (7A) and (7B),”.
4
After paragraph (7) insert —
7A
To the extent that the applicable amounts (or fractions of applicable amounts) represent debits or credits to which sub-paragraph (ca) or (da) of regulation 3C(2) would apply if those sub-paragraphs had been in force at the time that the debits or credits arose —
a
those amounts shall not be brought into account under paragraph (2) or (5) in relation to any accounting period beginning on or after 1st January 2009;
b
the relevant fraction of those amounts shall not be brought into account under paragraph (2) or (5) in relation to any accounting period beginning on or after 1st January 2008 and ending after 31st December 2008.
7B
In paragraph (7A)(b) the relevant fraction is —
1 −
A
B
where —
A is the number of days in the accounting period up to, and including, 31st December 2008, and
B is the total number of days in the accounting period.
.
Amendment of regulation 3C
5
1
Regulation 3C (prescribed debits and credits not brought into account) is amended as follows.
2
In paragraph (2) —
a
after sub-paragraph (c) insert —
ca
debits and credits in relation to a derivative contract the underlying subject matter of which consists wholly or partly of a currency, to the extent that —
i
those debits and credits represent the reversal of exchange gains and losses arising to the company in an accounting period before the later period, and
ii
those exchange gains and losses have not been brought into account for the purposes of corporation tax by virtue of paragraph 16(3) of Schedule 26 to Finance Act 2002 , regulations 4 to 11 of the Exchange Gains and Losses (Alternative Method of Calculation of Gain or Loss) Regulations 1994 or regulation 4 of the Disregard Regulations ;
; and
b
after sub-paragraph (d) insert —
da
debits and credits in relation to a loan relationship which is denominated in a currency which is not, or was not, the company’s functional currency, to the extent that —
i
those debits and credits represent the reversal of exchange gains and losses arising to the company in an accounting period before the later period, and
ii
those exchange gains and losses have not been brought into account for the purposes of corporation tax by virtue of section 84A(3) of the Finance Act 1996, regulations 4 to 11 of the Exchange Gains and Losses (Alternative Method of Calculation of Gain or Loss) Regulations 1994 or regulation 3 of the Disregard Regulations ;
.
3
In paragraph (4) insert at the end —
“underlying subject matter” has the meaning given in paragraph 11 of Schedule 26 to the Finance Act 2002 .
.
Dave Watts
Steve McCabe
Two of the Lords Commissioners for Her Majesty’s Treasury
17th December 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Rail Vehicle Accessibility Exemption Orders (Parliamentary Procedures) Regulations 2008 and shall come into force on the day after the day on which they are made.
2
In these Regulations —
“the 1995 Act ” means the Disability Discrimination Act 1995;
“draft affirmative resolution procedure”, in relation to an order, means the procedure under which the order is only made if a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament;
“exemption” means an authority given under section 47(1)(a) or (b) of the 1995 Act by an order;
“negative resolution procedure”, in relation to an order, means the procedure under which a statutory instrument containing the order is subject to annulment in pursuance of a resolution of either House of Parliament;
“network” means any permanent way or other means of guiding or supporting vehicles to which the provisions of RVA Regulations apply;
“network order” means an order–
which only applies to vehicles which are used on a specified network or on networks of a specified description (or which are used on both); and
the application of which is not limited to specified vehicles;
“RVA Regulations” means rail vehicle accessibility regulations made under section 46(1) of the 1995 Act.
Orders under section 47 of the 1995 Act which are normally subject to the negative resolution procedure
2
1
When the Secretary of State comes to make an order under section 47(1) of the 1995 Act in any of the circumstances referred to in paragraph (3), the Secretary of State will decide that the negative resolution procedure is to be adopted in connection with the making of the order.
2
But having regard to representations by the Disabled Persons Transport Advisory Committee in response to consultation under section 67A(1) of the 1995 Act, the Secretary of State may decide that the draft affirmative resolution procedure is to be adopted instead.
3
The circumstances referred to in paragraph (1) are where —
a
the order meets any of the qualification criteria listed in regulation 3(1) (which relates to existing vehicles and minor amendments etc ) but does not meet any of the disqualification criteria listed in regulation 3(2),
b
the order meets either of the qualification criteria listed in regulation 4(1) (which relates to vehicles used on exempt networks and historical vehicles etc) but does not meet any of the disqualification criteria listed in regulation 4(2),
c
the order is made solely to revoke an order, to remove an exemption or to reduce the scope of an exemption, or
d
the effects of the order could be achieved by one or more orders (each an “alternative order”), and each alternative order would fall within sub-paragraph (a), (b) or (c).
Criteria relating to existing vehicles, and minor amendments etc
3
1
The qualification criteria referred to in regulation 2(3)(a) are that —
a
i
the only vehicles to which the order applies are ones to which RVA Regulations do not apply prior to the coming into force of the amendment of section 46(6) of the 1995 Act by the Disability Discrimination Act 2005 , or ones which belong to a class of vehicle to which RVA Regulations do not so apply; and
ii
the reason, or one of the reasons, for RVA Regulations not applying is that the vehicles were first brought into use, or belong to a class of vehicle which were first brought into use, before 1st January 1999;
b
i
the only vehicles to which the order applies are ones to which RVA Regulations do not apply prior to the coming into force of the repeal of section 46(10) of the 1995 Act by the Disability Discrimination Act 2005 ; and
ii
the reason, or one of the reasons, for RVA Regulations not applying is that the vehicles are not used for the carriage of members of the public for hire or reward at separate fares;
c
the only vehicles to which the order applies are ones to which RVA Regulations do not apply prior to the making of these Regulations, and the reason for RVA Regulations not applying is that the vehicles are not ones which were constructed or adapted to carry passengers on —
i
a railway or tramway, or
ii
a system which uses magnetic levitation or monorail, or which is track-based with side guidance;
d
the order applies only to a unique vehicle;
e
the order contains only one or more minor amendments to an order;
f
the exemption to which the order relates is for specified vehicles and for a specified period of time during which —
i
the vehicles are to be used solely for testing;
ii
no fares are to be charged to any passenger in the vehicles; and
iii
the vehicles are not to be available for use by members of the general public;
g
the exemption to which the order relates is granted for a period not exceeding six months.
2
The disqualification criteria referred to in regulation 2(3)(a) are that —
a
the order creates or extends the scope of an exemption with no expiry date or an expiry date later than 31st December 2019;
b
other than where the sole purpose is to amend a typographical error, the order amends an order by extending the period of time for which the exemption applies;
c
the order is a network order creating or extending the scope of an exemption.
3
In paragraph (1)(c) “railway” and “tramway” have the same meaning as in section 67(1) of the Transport and Works Act 1992 and “magnetic levitation”, “monorail” and “tracked-based with side guidance” have the same meaning as in article 3(1) of the Transport and Works (Guided Transport Modes) Order 1992 ;
4
In paragraph (1)(e), a “minor amendment” means any of the following —
a
the correction of a typographical error,
b
the elucidation or correction of an order that has been drawn to the special attention of both Houses of Parliament in a report by the Joint Committee on Statutory Instruments ,
c
an amendment made solely for the purpose of extending to additional vehicles an exemption which was previously granted to more than one specified vehicle, and the additional vehicles are of an identical type to the specified vehicles,
d
an amendment which does not create or extend the scope of an exemption.
Criteria relating to vehicles used on exempt networks, and historical vehicles etc
4
1
The qualification criteria referred to in regulation 2(3)(b) are that–
a
the order only applies to a vehicle which–
i
was first brought into use on or after 1st January 1999;
ii
is used for carriage on a network on which one or more of the vehicles brought into use before that date are the subject of a network order (an “exempt network”); and
iii
if used also on one or more networks which are not exempt networks, is not used on them for more than 20 days in total in any calendar year;
b
the order only applies to a vehicle which–
i
is used to demonstrate or operate a historical or special type of railway service; and
ii
is used exclusively or primarily for tourist, educational or recreational purposes.
2
The disqualification criteria referred to in regulation 2(3)(b) are that–
a
the order applies to a vehicle first brought into use on or after 1st January 1999 and the order creates or extends the scope of an exemption with no expiry date or an expiry date later than 31st December 2019;
b
other than where the sole purpose is to amend a typographical error, the order amends an order by extending the period of time for which the exemption applies;
c
the order is a network order creating or extending the scope of an exemption.
Orders under the 1995 Act which are normally subject to the draft affirmative resolution procedure
5
1
When the Secretary of State comes to make an order under section 47(1) of the 1995 Act otherwise than in any of the circumstances referred to in regulation 2(3), the Secretary of State will decide that the draft affirmative resolution procedure is to be adopted in connection with the making of the order.
2
But having regard to representations by the Disabled Persons Transport Advisory Committee in response to consultation under section 67A(1) of the 1995 Act, the Secretary of State may decide that the negative resolution procedure is to be adopted instead.
Signed by authority of the Secretary of State for Transport
Andrew Adonis
Minister of State
Department for Transport
14th November 2008


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Exemption) (Amendment) (No. 2) Regulations 2008 and shall come into force on 1st October 2008.
Amendment of the Wireless Telegraphy (Exemption) Regulations 2003
2
The Wireless Telegraphy (Exemption) Regulations 2003 shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 3
3
In regulation 3 (interpretation), in paragraph (1), in the definition of “relevant apparatus”, for “Schedules 3 to 10” substitute “Schedules 3 to 11”.
Amendment of Schedule 5
4
In Schedule 5 (land mobile-satellite service stations), in Part III (interface requirement) for “published by OFCOM in April 2006” substitute “published by OFCOM in September 2008”.
Amendment of Schedule 6
5
In Schedule 6 (short range devices), in Part III (interface requirement) for “published by OFCOM in November 2006” substitute “published by OFCOM in September 2008”.
Addition of Schedule 11
6
After Schedule 10 (citizens’ band radio equipment) add the following Schedule —
SCHEDULE 11
HIGH DENSITY FIXED SATELLITE APPLICATIONS
Regulation 3(1)
PART I Interpretation
In this Schedule “prescribed apparatus” means apparatus described in the Interface Requirement referred to in Part III of this Schedule.
PART II Additional Terms, Provisions and Limitations
The prescribed apparatus shall be subject to and comply with the Interface Requirement referred to in Part III of this Schedule.
PART III Interface Requirement
IR 2066 - UK Interface Requirement for High Density Fixed Satellite Applications published by OFCOM in September 2008.
Ed Richards
Chief Executive of the Office of Communications
For and by authority of the Office of Communications
10th September 2008


text:
Citation, commencement and interpretation
1
These rules may be cited as The Criminal Procedure (Amendment) Rules 2008 and shall come into force on 6th October 2008.
2
In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in The Criminal Procedure Rules 2005 .
Amendments to the Criminal Procedure Rules 2005
3
In Part 2 (Understanding and applying the Rules), in the table of contents —
a
at the end of the first column, insert “Representatives”; and
b
at the end of the second column, insert “rule 2.5”.
4
After rule 2.1(10) (When the Rules apply), insert —
11
The rules in Part 7 apply in cases in which on or after 6th October 2008 —
a
a prosecutor serves an information on the court officer or presents it to a magistrates' court;
b
a public prosecutor issues a written charge; or
c
a person who is in custody is charged with an offence.
In other cases the rules replaced by those rules apply.
12
The rules in Part 63 apply in cases in which the decision that is the subject of the appeal, or reference, to which that Part applies is made on or after 6th October 2008. In other cases the rules replaced by those rules apply.
.
5
After rule 2.4 (The glossary), insert —
Representatives
2.5
1
Under these Rules, unless the context makes it clear that something different is meant, anything that a party may or must do may be done —
a
by a legal representative on that party’s behalf;
b
by a person with the corporation’s written authority, where that party is a corporation;
c
with the help of a parent, guardian or other suitable supporting adult where that party is a defendant —
i
who is under 18, or
ii
whose understanding of what the case involves is limited.
2
Anyone with a prosecutor’s authority to do so may, on that prosecutor’s behalf —
a
serve on the magistrates' court officer, or present to a magistrates' court, an information under section 1 of the Magistrates' Courts Act 1980 ; or
b
issue a written charge and requisition under section 29 of the Criminal Justice Act 2003 .
[Note. See also section 122 of the Magistrates' Courts Act 1980 . A party’s legal representative must be entitled to act as such under section 27 or 28 of the Courts and Legal Services Act 1990 .
Section 33(6) of the Criminal Justice Act 1925 , section 46 of the Magistrates' Courts Act 1980 and Schedule 3 to that Act provide for the representation of a corporation.
Part 7 contains rules about starting a prosecution.]
.
6
In rule 4.4(2)(b) (Service by leaving or posting a document), omit “in England and Wales” in both places it occurs.
7
After rule 4.4 (Service by leaving or posting a document), insert —
[Note. In addition to service in England and Wales for which these rules provide, service outside England and Wales may be allowed under other legislation. See —
section 39 of the Criminal Law Act 1977 (service of summons, etc. in Scotland and Northern Ireland);
section 725(3) of the Companies Act 1985 and section 1139(4) of the Companies Act 2006 (service of copy summons, etc. on company’s registered office in Scotland and Northern Ireland);
sections 3, 4, 4A and 4B of the Crime (International Co-operation) Act 2003 (service of summons, etc. outside the United Kingdom) and rules 32.1 and 32.2; and
section 695(1) and (2) of the Companies Act 1985 and section 1139(2) of the Companies Act 2006 (service on overseas company).]
.
8
For Part 7 (Commencing proceedings in magistrates' courts), substitute the Part as set out in Schedule 1 to these Rules.
9
In Part 37 (Summary trial), in the table of contents —
a
in the first column —
i
after “Order of evidence and speeches: complaint”, insert “Magistrates' court officer to have copies of documents sent to accused under section 12(1) of the Magistrates' Courts Act 1980”,
ii
after “Magistrates' court officer to have copies of documents sent to accused under section 12(1) of the Magistrates' Courts Act 1980”, insert “Notice of order under section 25 of the Road Traffic Offenders Act 1988”, and
iii
after “Notice of order under section 25 of the Road Traffic Offenders Act 1988”, insert “Duty of court officer receiving statutory declaration under section 14(1) of the Magistrates' Courts Act 1980”;
b
in the second column —
i
after “rule 37.8”, insert “rule 37.9”,
ii
after “rule 37.9”, insert “rule 37.10”, and
iii
after “rule 37.10”, insert “rule 37.11”.
10
In Part 37 (Summary trial), after rule 37.8, insert —
Magistrates' court officer to have copies of documents sent to accused under section 12(1) of the Magistrates' Courts Act 1980
37.9
Where the prosecutor notifies a magistrates' court officer that the documents mentioned in section 12(1)(a) and 12(1)(b) of the Magistrates' Courts Act 1980 have been served upon the accused, the prosecutor shall send to the court officer a copy of the documents mentioned in section 12(1)(b).
[Note. Formerly rule 7.9 of these Rules, which derived from rule 73 of The Magistrates' Courts Rules 1981. Section 12 of the Magistrates' Courts Act 1980 applies where a summons has been issued requiring a person to appear before a magistrates' court, other than a youth court, to answer an information for a summary offence punishable with not more than 3 months' imprisonment. The documents mentioned in section 12(1)(b) are: a notice stating the effect of section 12, and either a statement of the facts to be placed before the court if the accused pleads guilty by post, or copies of the statements of the prosecution witnesses.]
Notice of order under section 25 of the Road Traffic Offenders Act 1988
37.10
Where a magistrates' court makes an order under section 25 of the Road Traffic Offenders Act 1988 that an offender shall inform the court of his date of birth or sex or both and the offender is not present in court, the court officer shall serve notice in writing of the order on the offender.
[Note: Formerly rule 7.5 of these Rules, which derived from rule 108 of The Magistrates' Courts Rules 1981.]
Duty of court officer receiving statutory declaration under section 14(1) of the Magistrates' Courts Act 1980
37.11
Where a magistrates' court officer receives a statutory declaration which complies with section 14(1) of the Magistrates' Courts Act 1980 (accused did not know of proceedings), he shall —
a
note the receipt of the declaration in the register; and
b
inform the prosecutor and, if the prosecutor is not a constable, the chief officer of police, of the receipt of the declaration.
[Note: Formerly rule 7.4 of these Rules, which derived from rule 20 of The Magistrates' Courts Rules 1981. As to the requirement to keep a register, see rule 6.1.]
.
11
In rule 44.1(2)(d) (Procedure after finding against minor in a magistrates' court), omit “local education authority,”.
12
Part 55 (Road traffic penalties), in the table of contents —
a
at the end of the first column, insert “Statutory declaration under section 72 or 73 of the Road Traffic Offenders Act 1988”; and
b
at the end of the second column, insert “rule 55.4”.
13
In Part 55 (Road traffic penalties), after rule 55.3, insert —
Statutory declaration under section 72 or 73 of the Road Traffic Offenders Act 1988
55.4
Where a magistrates' court officer receives a statutory declaration under section 72 or 73 of the Road Traffic Offenders Act 1988 (fixed penalty notice or notice fixed to vehicle invalid) he shall send a copy of it to the appropriate chief officer of police.
[Note. Formerly rule 7.6 of these Rules, which derived from rule 112 of The Magistrates' Courts Rules 1981.]
.
14
For Part 63 (Appeal to the Crown Court), substitute the Part as set out in Schedule 2 to these Rules.
15
In the note after rule 65.1 (When this Part applies), after “2006;”, insert “The Serious Crime Act 2007 (Appeals under Section 24) Order 2008 ;”.
16
In rule 65.5(1) (Renewing an application refused by a judge or the Registrar), after “party”, insert “with the right to do so”.
17
In the note after rule 65.5 (Renewing an application refused by a judge or the Registrar), after “1968”, in the first place it occurs, insert —
, The Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005 , The Serious Organised Crime and Police Act 2005 (Appeals under section 74) Order 2006 and The Serious Crime Act 2007 (Appeals under Section 24) Order 2008.
A party has no right under section 31C of the 1968 Act to renew to the Court of Appeal an application for procedural directions refused by a judge, but in some circumstances a case management direction may be varied: see rule 3.6
.
18
For rule 65.11 (Registrar’s duty to provide copy documents for appeal or reference), substitute —
Unless the court otherwise directs, for the purposes of an appeal or reference —
the Registrar must —
provide a party with a copy of any document or transcript held by the Registrar for such purposes, or
allow a party to inspect such a document or transcript,
on payment by that party of any charge fixed by the Treasury; but
the Registrar must not provide a copy or allow the inspection of —
a document provided only for the court and the Registrar, or
a transcript of a public interest ruling or of an application for such a ruling.
.
19
In the note after rule 66.6 (Powers of Court of Appeal judge), for “53(4) of the Supreme Court Act 1981 ” substitute “31 of the Criminal Appeal Act 1968 ”.
20
In rule 68.1(1)(f) (When this Part applies), for “a person wants to appeal to the Court of Appeal under section 24 of the Serious Crime Act 2007 ” substitute —
a person wants to appeal to the Court of Appeal under —
i
section 24 of the Serious Crime Act 2007, or
ii
regulation 3C or 3H of the Costs in Criminal Cases (General) Regulations 1986
.
21
In the note after rule 68.1 (When this Part applies), after “serious crime prevention order”, in the second place it occurs, insert —
Under regulation 3C of the Costs in Criminal Cases (General) Regulations 1986, a legal representative against whom the Crown Court makes a wasted costs order under section 19A of the Prosecution of Offences Act 1985 and regulation 3B may appeal against that order to the Court of Appeal.
Under regulation 3H of the Costs in Criminal Cases (General) Regulations 1986, a third party against whom the Crown Court makes a costs order under section 19B of the Prosecution of Offences Act 1985 and regulation 3F may appeal against that order to the Court of Appeal.
.
22
In rule 68.2(1) (Service of appeal notice), for paragraph (b) substitute —
b
not more than —
i
28 days after that occurred, or
ii
21 days after the order, in a case in which the appellant appeals against a wasted or third party costs order.
.
23
In the note after rule 68.3 (Form of appeal notice), for —
the appellant appeals against a finding of contempt of court
the Crown Court Judge certifies under section 1(2)(a), 11(1A), 12(b), 15(2)(b) or 16A(2)(b) of the Criminal Appeal Act 1968 , under section 81(1B) of the Supreme Court Act 1981 , or under section 14A(5B) of the Football Spectators Act 1989 that a case is fit for appeal .
substitute —
the appellant appeals against —
a finding of contempt of court
a wasted or third party costs order
the Crown Court judge certifies under sections 1(2)(a), 11(1A), 12(b), 15(2)(b) or 16A(2)(b) of the Criminal Appeal Act 1968, under section 81(1B) of the Supreme Court Act 1981, under section 14A(5B) of the Football Spectators Act 1989 or under section 24(4) of the Serious Crime Act 2007 , that a case is fit for appeal.
.
24
In the note after rule 68.4 (Crown Court judge’s certificate that case is fit for appeal) —
a
after “1981”, for “or” substitute “,”; and
b
after “1989”, insert “or under section 24(4) of the Serious Crime Act 2007”.
25
In rule 78.1 (Crown Court’s jurisdiction to award costs in appeal from magistrates' court) —
a
omit paragraph (3); and
b
in paragraph (4), omit “not being an appeal to which paragraph (3) applies”.
Phillips of Worth Matravers, C.J.
Sir Igor Judge, P.
Hooper, L.J.
Openshaw, J.
Charles Wide
Roderick Denyer
Stephen Dawson
Nicholas Moss
Andrew Mimmack
Sir Kenneth Macdonald
David Fisher
Tom Little
Graham White
Derek French
Martin Baker
James Riches
I allow these Rules which shall come into force on 6th October 2008.
Jack Straw
Lord Chancellor
21st July 2008


text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Jersey) Order 2008 and comes into force on the day on which the Civil Aviation (Jersey) Law 2008 comes into force in its entirety.
Revocation
2
The Air Navigation (Jersey) Order 2000 , the Air Navigation (Jersey) (Amendment) Order 2000 and the Air Navigation (Jersey) (Amendment No. 2) Order 2002 are revoked but the regulations and Orders made under those Orders remain in force as if they had been made under this Order.
Interpretation
3
In this Order, “Jersey” means the Bailiwick of Jersey and its adjacent territorial sea.
Application of the Air Navigation Order 2005
4
1
The provisions of the Air Navigation Order 2005 listed in Part 1 of the Schedule to this Order apply, with the modifications specified in Part 2 of that Schedule, to Jersey.
2
Any amendments made to the Air Navigation Order 2005 after the coming into force of this Order do not apply to Jersey.
Application of Interpretation (Jersey) Law 1954
5
The Interpretation (Jersey) Law 1954 applies to this Order as if it were an enactment under Article 1(1) of that Law.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Judicial Discipline (Prescribed Procedures) (Amendment) Regulations 2008 and come into force on 28th August 2008.
2
These Regulations apply to any complaint, including a complaint made before 28th August 2008 which has not been withdrawn, dismissed or determined.
Amendments to the Judicial Discipline (Prescribed Procedures) Regulations 2006
2
The Judicial Discipline (Prescribed Procedures) Regulations 2006 are amended as follows.
3
In regulation 2(2) (interpretation), after “In these regulations,” insert “unless the contrary intention appears”.
4
For regulation 3(4) (Office for Judicial Complaints), substitute —
4
Any reply by a complainant or the subject of the disciplinary proceedings to a request made by the Office for Judicial Complaints pursuant to enquiries made under paragraph (3) must be made within twenty business days of that request.
.
5
In regulation 9 (complaints made to advisory committees) —
a
after paragraph (1) insert —
1A
Where an advisory committee receives no complaint under these Regulations or under rules made under paragraph (2), but it receives information from any source which suggests to it that disciplinary proceedings might be justified, it may treat that information as if it were a complaint made under these Regulations, or under rules made under paragraph (2).
; and
b
in paragraph (4) after “where the complaint” insert “concerns misconduct and”.
6
In regulation 10 (complaints made in relation to tribunals) —
a
after paragraph 3 insert —
3A
Where a President receives no complaint under these Regulations or under rules made under paragraph (2), but instead receives information from any source which suggests that disciplinary proceedings might be justified, that President may treat that information as if it were a complaint made under these Regulations, or under rules made under paragraph (2).
;
b
in paragraph (5) for “found a case to be substantiated” substitute “upheld a case”; and
c
in paragraph (9) after “where the complaint” insert “concerns misconduct and”.
7
In regulation 13(2) (referral of other information for consideration), for “may” substitute “must”.
8
In regulation 14 (consideration of a complaint by the Office for Judicial Complaints) —
a
in paragraph (1) omit from “Unless” until “investigated,”; and
b
after paragraph (2) insert —
3
Where an account of facts given by a complainant differs from an account given by the judicial office holder about whom the complaint is made, the Office for Judicial Complaints must consult any independent evidence which exists which may verify the facts in dispute before it dismisses a complaint under paragraph (1), unless to do so would be disproportionate in all the circumstances.
.
9
In regulation 15 (further consideration of a complaint liable to be dismissed under regulation 14), after “where the complaint” insert “concerns misconduct and”.
10
In regulation 17 (nomination of nominated judge) —
a
in paragraph (1) for “The nominated judge” substitute “A nominated judge”;
b
in paragraph (2) after “cases” insert “, or to deal with different aspects of the same case”; and
c
in paragraph (3) for “the nominated judge” substitute “a nominated judge”.
11
In regulation 18 (functions of nominated judge) —
a
for “The nominated judge” substitute “A nominated judge”;
b
at the end of paragraph (c) delete “and”;
c
at the end of paragraph (d) substitute the full stop with “; and”; and
d
after paragraph (d) insert —
e
whether the request made under regulation 29(2) by the subject of the disciplinary proceedings is totally without merit.
.
12
For regulation 22 (functions of investigating judge), substitute —
Functions of investigating judge
22
1
The investigating judge must advise the Lord Chancellor and the Lord Chief Justice —
a
as to the facts of a case;
b
whether the case is substantiated or not;
c
whether disciplinary action should be taken; and if so what disciplinary action should be taken; and
d
as to any other matters in the terms of reference.
2
Where it falls to the investigating judge to establish any fact, any question as to whether that fact is established must be decided on the balance of probabilities.
.
13
For regulation 23 (procedure of investigation by investigating judge) and regulation 24 (evidence and representations), substitute —
Procedure of investigation by investigating judge
23
1
The investigating judge must —
a
decide how to conduct the investigation;
b
notify the subject of the disciplinary proceedings and any complainant of the proposals for the conduct of the investigation, and whether oral evidence will be taken;
c
invite the subject of the disciplinary proceedings to give evidence and make representations about the procedure adopted and the case; and
d
record any representations on the proposals which those persons may make.
2
The investigating judge may invite the complainant or any person who may be able to assist the investigation to give evidence about the case.
3
Any evidence or representations from the complainant or the subject of the disciplinary proceedings must be provided to the investigating judge within ten business days of an invitation under paragraphs (1) or (2).
4
The investigating judge may take oral evidence if it is considered necessary to do so.
5
The investigating judge must arrange for any evidence given orally to be recorded in a transcript or a tape recording.
6
The investigating judge must disclose any evidence obtained under paragraph (2) to the subject of the disciplinary proceedings and must invite that person to make representations on the evidence.
7
The subject of the disciplinary proceedings must make any representations under paragraph (6) within ten business days of the invitation under that paragraph.
8
Where the investigating judge considers that it is necessary to disclose evidence obtained during the course of an investigation to any person other than the subject of the disciplinary proceedings, the investigating judge must first invite —
a
the person who provided the evidence, and
b
the subject of the disciplinary proceedings
to make representations about the proposed disclosure.
9
The person who provided the evidence, and the subject of the disciplinary proceedings, must make any representations under paragraph (8) within ten business days of the invitation.
.
14
In regulation 25(6) (report of investigating judge) —
a
for “Representations” substitute “Any representations”; and
b
for “(3) or (4)” substitute “(2) or (3)”.
15
In regulation 27(2) (notification of proposed disciplinary action and final decision), for “twenty” substitute “ten”.
16
In regulation 29 (convening a review body) —
a
for paragraph (1)(d) substitute —
d
the subject of the disciplinary proceedings requests the Lord Chancellor and the Lord Chief Justice to refer the case to a review body under paragraph (2) unless —
i
the request to refer is totally without merit; or
ii
before a review body has convened, the subject of the disciplinary proceedings withdraws the request under paragraph (5)(a),
in which case the Lord Chancellor and the Lord Chief Justice shall not convene a review body unless they consider there are good reasons for doing so.
;
b
after paragraph (2) insert —
2A
a
Where the subject of the disciplinary proceedings makes a request under paragraph (2), the Lord Chancellor and the Lord Chief Justice must in the first instance refer that request to a nominated judge to consider whether the request is totally without merit.
b
The nominated judge invited to consider the request must not be a nominated judge who has previously considered any aspect of the case.
;
c
in paragraph (4) —
i
at the end of sub-paragraph (a) delete “, and” and substitute a semicolon;
ii
at the end of sub-paragraph (b) substitute the full stop with “and why; and”; and
iii
after sub-paragraph (b) insert —
c
indicate whether he wishes to make oral representations to the review body.
; and
d
after paragraph (4) insert —
5
a
Subject to sub-paragraph (b), the subject of the disciplinary proceedings may withdraw a request under paragraph (2) at any time.
b
If the request made under paragraph (2) is withdrawn after a review body has convened, the subject of the disciplinary proceedings must give reasons for withdrawing the request.
c
The review body must discontinue its review if the request made under paragraph (2) has been withdrawn, unless it considers there are good reasons to continue with a review.
.
17
In regulation 30 (functions of a review body), after paragraph (2) insert —
2A
Where a review body reviews any finding of fact under paragraph (1)(a), any question as to whether, upon review, that fact is established must be decided on the balance of probabilities.
.
18
For regulations 31 (review of documents), 32 (recommendations without a full review) and 33 (further procedure of review body), substitute —
Review of documents and procedure of review body
31
1
A review body shall have access to the documents which the Office for Judicial Complaints, an advisory committee, a President, a nominated judge, the investigating judge, the Lord Chancellor and the Lord Chief Justice have used for the purpose of exercising their functions under these Regulations or under rules made under these Regulations.
2
The review body must initially review the case on the basis of those documents and of any statement under regulation 29(4)(b) which the judicial office holder has provided.
3
After its initial review under paragraph (2), the review body must —
a
determine the procedure it will follow; and
b
inform the subject of the disciplinary proceedings of the proposed procedure.
4
A review body must take oral evidence from the subject of the disciplinary proceedings if so requested, unless it considers it unnecessary to do so.
5
A review body may take evidence, including oral evidence, from any other person.
.
19
In regulation 34 (draft report of review body) —
a
in paragraph (2) after “person” insert “who may be adversely affected by its contents”; and
b
for paragraph (4) substitute —
4
Any representations by the subject of the disciplinary proceedings, or the complainant if the draft report has been disclosed to that person, must be made within 10 business days of the invitation.
.
20
In regulation 36(1) (deferral of consideration of a case) —
a
for “the Lord Chancellor and the Lord Chief Justice” substitute “the Office for Judicial Complaints”; and
b
where it appears in the original paragraph, for “the Office for Judicial Complaints” substitute “it”.
Phillips of Worth Matravers, CJ
23rd June 2008
I agree
Jack Straw
Lord Chancellor
26th June 2008
I agree
A C Hamilton
Lord President of the Court of Session
17th July 2008
I agree
Brian Kerr
Lord Chief Justice of Northern Ireland
27th June 2008


text:
Citation, commencement and extent
1
1
This Order may be cited as the Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2008.
2
This Order comes into force on the day section 5 of the Housing and Regeneration Act 2008 comes into force (“the commencement date”).
3
This Order extends to England and Wales.
Interpretation
2
In this Order —
“the CNT ” means the Commission for the New Towns,
“the HCA ” means the Homes and Communities Agency,
“the URA ” means the Urban Regeneration Agency.
Consequential amendments: Part 1 of the Housing and Regeneration Act 2008
3
The enactments specified in Schedule 1 to this Order have effect with the amendments specified.
Consequential amendments: Part 2 of the Housing and Regeneration Act 2008
4
The enactments specified in Schedule 2 to this Order have effect with the amendments specified.
Transitional and saving provisions
5
The amendments made by Schedules 1 and 2 to this Order have effect subject to the transitional and saving provisions in Schedule 3 to this Order.
Consequential amendments of inquiries procedure rules, and related saving and transitional provision
6
The enactments specified in Schedule 4 to this Order have effect with the amendments specified and subject to the transitional and saving provisions in that Schedule.
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
30th October 2008


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty Reserve Tax (Amendment of section 89AA of the Finance Act 1986) Regulations 2008 and shall come into force on 18th December 2008.
2
These Regulations have effect in relation to any agreement to transfer securities —
a
in a case where the agreement is conditional, if the condition is satisfied on or after 18th December 2008, and
b
in any other case, if the agreement is made on or after that date.
Amendment of section 89AA of the Finance Act 1986
2
In section 89AA(2A) of the Finance Act 1986 (exception from the principal charge for repurchases and stock lending) —
a
omit “and” at the end of paragraph (a), and
b
at the end of paragraph (b) insert
; and
c
that chargeable securities are transferred to P or his nominee and Q or his nominee in pursuance of the arrangement.
.
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
17th December 2008