text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations 2008 and shall come into force on 7th April 2008.
Amendment of the Housing Benefit Regulations 2006
2
1
The Housing Benefit Regulations 2006 shall be amended as follows.
2
In regulation 101 (persons from whom recovery may be sought) —
a
after paragraph (2) insert —
2A
Where an overpayment is made in a case where a relevant authority has determined a maximum rent ( LHA ) in accordance with regulation 13D (determination of a maximum rent (LHA)), and the housing benefit payable exceeds the amount which the claimant is liable to pay his landlord by way of rent, the relevant authority must not recover from the landlord more than the landlord has received.
; and
b
in paragraph (3) for “paragraph (1)” substitute “paragraphs (1) and (2A)”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
3
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 shall be amended as follows.
2
In regulation 82 (persons from whom recovery may be sought) —
a
after paragraph (2) insert —
2A
Where an overpayment is made in a case where a relevant authority has determined a maximum rent (LHA) in accordance with regulation 13D (determination of a maximum rent (LHA)), and the housing benefit payable exceeds the amount which the claimant is liable to pay his landlord by way of rent, the relevant authority must not recover from the landlord more than the landlord has received.
; and
b
in paragraph (3) for “paragraph (1)” substitute “paragraphs (1) and (2A)”.
Amendment of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007
4
1
The Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 shall be amended as follows.
2
In regulation 3 (amendment of the Housing Benefit Regulations 2006 relating to information sharing) —
a
in paragraph (1)(b), in the inserted paragraph (4A) for “regulation 114A(6)” substitute “regulation 114A(5)”; and
b
in paragraph (2), in paragraph (1)(b) of the inserted regulation 114A for “regulation 12A” substitute “regulation 12D”.
3
In regulation 4(1)(g) (amendments to regulation 2 of the Housing Benefit Regulations 2006) for the inserted definition of “registered housing association” substitute —
“registered housing association” means a housing association which —
is registered in a register maintained by the Corporation or the National Assembly for Wales under Chapter 1 of Part 1 of the Housing Act 1996 ; or
in Scotland, is registered by Scottish Ministers by virtue of section 57(3)(b) of the Housing (Scotland) Act 2001 ,
and “the Corporation” has the same meaning as in section 56 of the Housing Act 1996;
.
4
In regulation 7 (insertion of regulations 13C, 13D and 13E into the Housing Benefit Regulations 2006) —
a
in the inserted regulation 13C(5) for “falling within any of paragraphs 4 to 10” substitute “mentioned in any of paragraphs 4 to 11”; and
b
in the inserted regulation 13D(2)(b) after “size criteria” insert “as set out in paragraph (3)”.
5
In regulation 8 (substitution of regulation 14 of the Housing Benefit Regulations 2006), in the substituted paragraph 14 —
a
in paragraph (1)(f) —
i
for “or (e)” substitute “, (e) or (h)”; and
ii
in paragraph (ii) omit “or”; and
b
after paragraph (1)(g) add —
or
h
has received notification that any of the circumstances in regulation 13C(5) apply.
; and
c
in paragraph (8) omit the definition of “the Corporation”.
6
In regulation 19 (amendment of Schedules 7 and 8 to the Housing Benefit Regulations 2006) for “paragraph 3(2)” substitute “paragraph 3(3)”.
Amendment of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007
5
1
The Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 shall be amended as follows.
2
In regulation 3 (amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 relating to information sharing) —
a
in paragraph (1)(b), in the inserted paragraph (4A) for “regulation 95A(6)” substitute “regulation 95A(5)”; and
b
in paragraph (2), in paragraph (1)(b) of the inserted regulation 114A for “regulation 12A” substitute “regulation 12D”.
3
In regulation 4(1)(f) (amendments to regulation 2 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006) for the inserted definition of “registered housing association” substitute —
“registered housing association” means a housing association which —
is registered in a register maintained by the Corporation or the National Assembly for Wales under Chapter 1 of Part 1 of the Housing Act 1996; or
in Scotland, is registered by Scottish Ministers by virtue of section 57(3)(b) of the Housing (Scotland) Act 2001,
and “the Corporation” has the same meaning as in section 56 of the Housing Act 1996;
.
4
In regulation 7 (insertion of regulations 13C, 13D and 13E into the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006) —
a
in the inserted regulation 13C(5)(c) in the inserted regulation 13C(5) for “falling within any of paragraphs 4 to 10” substitute “mentioned in any of paragraphs 4 to 11”; and
b
in the inserted regulation 13D —
i
in paragraph (2)(a) for paragraph (ii) substitute —
ii
the claimant’s partner is not a care leaver;
; and
ii
in paragraph (2)(b) after “size criteria” insert “as set out in paragraph (3)”.
5
In regulation 8 (substitution of regulation 14 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006), in the substituted paragraph 14 —
a
in paragraph (1)(f) —
i
for “or (e)” substitute “, (e) or (h)”; and
ii
in paragraph (ii) omit “or”; and
b
after paragraph (1)(g) add —
or
h
has received notification that any of the circumstances in regulation 13C(5) apply.
; and
c
in paragraph (8) omit the definition of “the Corporation”.
6
In regulation 15 (amendment of regulations 59 and 60 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006) for paragraph (1) substitute —
1
In regulation 59 (date of which change of circumstances is to take effect) —
a
in paragraph (1) for “regulations 60 and 61(6)” substitute “regulations 60 and 61(5)”; and
b
in paragraph (3) for “regulation 61(6)” substitute “regulation 61(5)”.
.
Amendment of the Housing Benefit (Local Housing Allowance, Miscellaneous and Consequential) Amendment Regulations 2007
6
1
The Housing Benefit (Local Housing Allowance, Miscellaneous and Consequential) Amendment Regulations 2007 shall be amended as follows.
2
In regulation 4 (amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001) —
a
in paragraph (3), in the inserted regulation 7A(2) for “regulation 13C” in both places in which it occurs substitute “regulation 13C(3)”; and
b
in paragraph (4)(b), for the substituted paragraph (15) substitute —
15
A decision to which regulation 7A(2) applies shall take effect —
a
on the day of decision, where the determination in accordance with regulation 13C(3) of the Housing Benefit Regulations or regulation 13C(3) of the Housing Benefit (State Pension Credit) Regulations (when maximum rent (LHA) is to be determined) was made on the first day of the benefit week; and
b
in any other case, on the first day of the benefit week following the week in which the determination in accordance with regulation 13C(3) of the Housing Benefit Regulations or regulation 13C(3) of the Housing Benefit (State Pension Credit) Regulations (when maximum rent (LHA) is to be determined) was made.
.
Signed by authority of the Secretary of State for Work and Pensions
Stephen C. Timms
Minister of State,
Department for Work and Pensions
3rd March 2008


type: legislation

jurisdiction: UK

text:
Title, commencement, extent and application
1
This Order —
a
may be cited as the Plant Health (England) (Amendment) Order 2008;
b
comes into force on 1st October 2008;
c
extends to England and Wales but only applies in England.
Amendments to the Plant Health (England) Order 2005
2
1
The Plant Health (England) Order 2005 is amended as follows.
2
In article 2(1), for the definition of “Directive 2000/29/EC ” substitute —
“Directive 2000/29/EC ” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;
.
3
After article 19(2), insert —
3
Subject to article 22, no person shall land in England seed potatoes grown, or suspected to have been grown, in another member State or in Switzerland unless written notification is provided to an inspector, at least two days prior to the intended date of introduction into England of the seed potatoes, of the intention to land the seed potatoes and of —
a
the intended time, date and means of introduction;
b
the intended point of entry into England;
c
their intended use and destination;
d
their variety and quantity; and
e
the producer’s identification number.
.
4
In article 22, after “article 19(1)(e), (f) and (g)” insert “and (3)”.
5
After article 39, insert —
PART 7A MANAGEMENT ZONES FOR PLANT HEALTH PURPOSES
Measures for preventing the introduction of Diabrotica virgifera Le Conte
39A
1
Where there is a high risk of the introduction of Diabrotica virgifera Le Conte from any aircraft landing at an airport in England, the Secretary of State may designate a zone around the airport (“a designated zone”).
2
A designated zone shall extend to a radius of at least 2500 metres around the runways of, or around any other areas where aircraft move within, an airport.
3
The Secretary of State may revoke or vary a designation at any time.
4
The Secretary of State shall take appropriate measures to notify any designation, revocation or variation to persons growing or intending to grow maize in a designated zone.
5
Any person acting in the course of a business, trade or other undertaking and growing maize in a designated zone shall ensure that crops are rotated in such a way that maize is only grown once in any field during any period of two consecutive years.
6
Any premises which are partly inside and partly outside a designated zone shall be deemed to be wholly inside that zone for the purposes of this article.
7
Paragraph (6) shall not apply in respect of any part of any premises which is situated outside England.
.
6
In article 41 —
a
in paragraph (1) for “Directive 95/44/EC of 26th July 1995” substitute “Directive 2008/61/EC ”;
b
in paragraphs (2), (6) and (7)(a) for “Directive 95/44/EC ” substitute “Directive 2008/61/EC ”; and
c
for paragraph (7)(b) substitute —
b
“Directive 2008/61/EC ” means Commission Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections, as amended from time to time
.
7
After article 45(1)(a)(xiA) insert —
xiB
article 39A(5);
.
8
In Schedule 1, Part B omit “4. Heliothis armigera (Hübner)”.
9
In Schedule 2, Part B after item 10 under the heading “Insects, mites and nematodes” add —
11. Plants of Dendranthema (DC.) Des Moul, Dianthus L., Pelargonium l’Hérit. ex Ait. and of the family Solanaceae , intended for planting, other than seeds Helicoverpa armigera (Hübner)
.
10
In Schedule 2, Part B omit item 2 under the heading “Fungi”.
11
In Schedule 3, item 8 omit “Bulgaria,” .
12
In Schedule 4 —
a
in item 41 of Part A and in item 23 of Part B for “ Heliothis armigera Hübner” substitute “ Helicoverpa armigera (Hübner)”; and
b
in item 71 of Part A after “corms,” add “bulbs”.
13
In Schedule 8, Part A —
a
in item 2 omit “other than Sorbus intermedia (Ehrh.) Pers.”; and
b
for item 5(d) substitute —
d
seeds or bulbs of Allium ascalonicum L., Allium cepa L., Allium schoenoprasum L., Helianthus annus , Lycopersicon lycopersicum , Medicago sativa or Phaseolus intended for planting;
.
Revocations
3
The following instruments are revoked —
a
the Potatoes Originating in Germany (Notification) (England) Order 2001 ;
b
the Polish Potatoes (Notification) (England) Order 2004 ; and
c
the Dutch Potatoes (Notification) (England) Order 2005 .
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
9th September 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 3) Order 2008 and shall come into force on 15th December 2008.
2
In this Order “the principal Order ” means the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 and a reference to a numbered article or Schedule is a reference to the article or Schedule in the principal Order which bears that number.
Amendments to the principal Order
2
The principal Order is amended as follows.
Amendment of article 2 (interpretation)
3
Article 2(1) is amended as follows —
a
after the definition of “accredited medical specialist” insert —
“additional lump sum” means the sum referred to in article 15C;
;
b
for the definition of “lump sum” substitute —
“lump sum” means, except in the expressions “additional multiple injury lump sum” and “additional lump sum”, the sum referred to in article 14(1)(a);
.
Amendment of article 7 (injury caused by service)
4
In article 7(1) for the words and numbers “and 15B(1)” substitute “, 15B(1) and 15C(1)”.
Amendment of article 8 (injury made worse by service)
5
In article 8(1) after “the predominant cause of the worsening of the injury and” insert “, subject to articles 15(1A), 15A(1), 15B(1) and 15C(1),”.
Amendment of article 13 (interpretation of Part III)
6
In article 13(b) delete “subject to article 15B(6)”.
Amendment of article 15 (amount of lump sum)
7
Article 15 is amended as follows —
a
in paragraph (6) after “earlier award” insert “(including any award of additional lump sum)”;
b
in sub-paragraph (6A)(b) for “the coming into force of this Order” substitute “8th February 2008”;
c
in paragraph (6B) after “earlier award” insert “(including any award of additional multiple injury lump sum and any award of additional lump sum)”.
Amendment of article 15A (amount of lump sum where 100 per cent guaranteed income payment determined)
8
Article 15A is amended as follows —
a
in sub-paragraph (1)(b) for “the coming into force of this Order” substitute “8th February 2008”;
b
in paragraph (6) after “earlier award” insert “(including any award of additional lump sum)”.
Amendment of article 15B (additional multiple injury lump sum)
9
Article 15B is amended as follows —
a
in sub-paragraphs (b) and (c) of paragraph (1) for “the coming into force of this Order” substitute “8th February 2008”;
b
delete paragraph (6).
Insertion of articles 15C and 15D
10
After article 15B insert —
Additional lump sum
15C
1
Subject to article 15D, the Secretary of State shall award a benefit (“the additional lump sum”) for a qualifying injury in accordance with this article.
2
Only one award of additional lump sum shall be made for a qualifying injury.
3
The amount of the additional lump sum is, subject to paragraph (4), A – B.
4
The total amount payable under paragraph (3) shall not, taking into account all previous awards of benefit applicable to the qualifying injury or qualifying injuries sustained in one incident, exceed the amount specified at level 1 in column (a) of the Table in paragraph (6).
5
In this article —
a
“A” means the combined total of the amount of benefit that would be awarded for each qualifying injury sustained in one incident if, in making the determination as to the relevant amount of benefit that was to be awarded —
i
the reference in article 14(2)(b) to the amount in column (b) of Table 10 was read as a reference to the amount in column (b) of the Table in paragraph (6); and
ii
the reference in articles 15(3), 15A(3) and 15B(5) to the amount specified at level 1 in column (a) of Table 10 was read as a reference to the amount specified at level 1 in column (a) of the Table in paragraph (6);
b
“B” means the combined total of all previous awards of benefit applicable to the qualifying injury or qualifying injuries sustained in one incident;
c
“benefit” means a lump sum or an additional multiple injury lump sum;
d
“determination” means the determination by the Secretary of State in accordance with this Order as to the total of all awards of benefit applicable to the qualifying injury or qualifying injuries sustained in one incident;
e
“qualifying injury” means an injury in respect of which an entitlement to benefit has been determined before 15th December 2008;
f
“relevant amount” has the meaning described in article 14(2)(b).
6
The Table referred to in paragraphs (4) and (5) is —
Column (a)
Tariff level
Column (b)
Amount
1 £570,000 2 £402,500 3 £230,000 4 £172,500 5 £115,000 6 £92,000 7 £63,825 8 £48,875 9 £34,100 10 £23,100 11 £13,750 12 £9,075 13 £5,775 14 £2,888 15 £1,155.
Exception to entitlement to additional lump sum
15D
1
This article applies where —
a
a qualifying injury has been sustained; and
b
on or after 15th December 2008 the award of benefit applicable to that qualifying injury is —
i
increased under article 15(5) or 15A(5);
ii
revised under article 45, 47, 48 or 49; or
iii
revised by a Pension Appeal Tribunal, an appropriate Social Security Commissioner, the First-tier Tribunal, the Upper Tribunal or a court.
2
Notwithstanding article 15C, there is no entitlement to an additional lump sum award for a qualifying injury if such an award has not been paid before the day on which the award of benefit applicable to that qualifying injury is increased or revised.
3
In this article, “benefit” and “qualifying injury” have the same meaning as in article 15C.
.
Amendment of article 19 (more than one injury to the same part of the body)
11
In article 19(7)(b) for “lump sum which has” insert “total of all awards of benefit which have”.
Amendment of article 37 (cases where claims are not required)
12
Paragraph (1A) of article 37 is amended as follows —
a
after “additional multiple injury lump sum” add “or an additional lump sum”;
b
for “this benefit” substitute “these awards of benefit”.
Amendment of article 44 (interim awards)
13
Article 44 is amended as follows —
a
for paragraph (4) substitute —
4
Where the final award is at a level of the tariff which is —
a
at the same level or is higher than the level of the tariff awarded in the interim award, account shall be taken of the amount of benefit paid in accordance with the interim award and only the difference between the amount of benefit paid in accordance with the interim award and the amount of the final award shall be paid;
b
lower than the level of the tariff awarded in the interim award, no further amount of benefit will be paid in accordance with the final award and no amount of benefit paid in accordance with the interim award is recoverable.
;
b
after paragraph (4) insert —
5
For the purposes of paragraph (4), the amount of benefit paid in accordance with the interim award means the amount of the lump sum awarded in the interim award together with any award of additional multiple injury lump sum or any award of additional lump sum applicable to that interim award.
.
Amendment of article 45 (reconsideration)
14
In article 45, after paragraph (7) insert —
8
Where the Secretary of State increases the amount of benefit awarded in the original decision only the difference between the amount of the original award and the amount of the revised award shall be paid.
9
For the purposes of paragraph (8), the original award means the amount of the lump sum awarded in the original decision together with any award of additional multiple injury lump sum or any award of additional lump sum applicable to that original decision.
.
Amendment of article 47 (review on discharge on medical grounds)
15
In article 47, after paragraph (3) insert —
4
Where the Secretary of State increases the amount of benefit awarded in the original decision only the difference between the amount of the original award and the amount of the revised award shall be paid.
5
For the purposes of paragraph (4), the original award means the amount of the lump sum awarded in the original decision together with any award of additional multiple injury lump sum or any award of additional lump sum applicable to that original decision.
.
Amendment of article 48 (review – exceptional circumstances)
16
In article 48, after paragraph (6) insert —
7
Where the Secretary of State increases the amount of benefit awarded in the original decision only the difference between the amount of the original award and the amount of the revised award shall be paid.
8
For the purposes of paragraph (7), the original award means the amount of the lump sum awarded in the original decision together with any award of additional multiple injury lump sum or any award of additional lump sum applicable to that original decision.
.
Amendment of article 49 (review – ignorance or mistake)
17
In article 49, after paragraph (4) insert —
5
Where the Secretary of State increases the amount of benefit awarded in the original decision only the difference between the amount of the original award and the amount of the revised award shall be paid.
6
For the purposes of paragraph (5), the original award means the amount of the lump sum awarded in the original decision together with any award of additional multiple injury lump sum or any award of additional lump sum applicable to that original decision.
.
Amendment of article 54 (date on which awards of benefit become payable)
18
In article 54(1) after “additional multiple injury lump sum” add “, an additional lump sum”.
Amendment of Schedule 4 (the Tariff)
19
For Table 10 of Schedule 4 substitute —
Table 10
Column (a)
Level
Column (b)
Amount
1 £570,000 2 £402,500 3 £230,000 4 £172,500 5 £115,000 6 £92,000 7 £63,825 8 £48,875 9 £34,100 10 £23,100 11 £13,750 12 £9,075 13 £5,775 14 £2,888 15 £1,155.
.
Signed by authority of the Secretary of State
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
13th November 2008


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Register) (Amendment) (No. 2) Regulations 2008 and shall come into force on 29th August 2008 .
Amendment of the Wireless Telegraphy (Register) Regulations 2004
2
1
In regulation 4(1)(a) of the Wireless Telegraphy (Register) Regulations 2004 (the “principal Regulations”) after “Parts 1 to 8” insert “and 10”.
2
After Part 9 of the Schedule to the principal Regulations add a new Part 10 as follows —
PART 10
Column 1 Column 2
Classes Frequency bands Business Radio (Simple UK ) 26.2 – 87.50 MHz Business Radio (Suppliers Light) 136 – 208 MHz Business Radio (Simple Site) 425 – 470 MHz Business Radio (Area Defined) 132 – 134 kHz Business Radio (Technically Assigned) 146 – 148 kHz
.
Philip Rutnam
Partner, Spectrum Policy
For and by the authority of the Office of Communications
5th August 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2008 and shall come into force on 13 February 2008.
2
In these Regulations “the principal Regulations ” means the Wireless Telegraphy (Licence Charges) Regulations 2005 .
Amendment of the Wireless Telegraphy (Licence Charges) Regulations 2005
2
The principal Regulations shall be amended in accordance with the following provisions of these Regulations.
Amendment of Schedule 2
3
1
Schedule 2 (licence charges and payment intervals) shall be amended in accordance with the following paragraphs of this regulation.
2
Under the heading “Satellite Services”, for all entries in Columns 1 to 4, substitute the following entries —
Satellite (Aircraft Earth Station) £200 12 months For each terminal requiring technical coordination by Ofcom resulting in the variation of a licence, £200. Satellite (Earth Station Network) £200 12 months For each terminal requiring technical coordination by Ofcom resulting in the variation of a licence, £200. Satellite (Earth Station on Board Train) £200 12 months For each terminal requiring technical coordination by Ofcom resulting in the variation of a licence, £200. Satellite (Earth Station – Non-Fixed Satellite Service) £500 12 months Satellite (Earth Station – Non-Geostationary) £500 12 months Satellite (Permanent Earth Station) For each site (the area contained within a circle of a radius of 500 metres centred on a point defined by the licensee), the appropriate sum calculated in accordance with the formula set out in Part 1 of Schedule 8. 12 months Satellite (Transportable Earth Station) For each earth station operating in the 13.78-14.5 GHz band, the appropriate sum payable in accordance with Part 3 of Schedule 8 as determined by the power and bandwidth of the earth station. 12 months Satellite (Transportable Very Small Aperture Terminal) For each earth station operating in the 13.78-14.5 GHz band, the appropriate sum payable in accordance with Part 3 of Schedule 8 as determined by the power and bandwidth of the earth station. 12 months
3
In this regulation —
a
the column headed “Class of licence” in Schedule 2 to the principal Regulations shall be designated as “Column 1”;
b
the column headed “Fixed sums” in Schedule 2 to the principal Regulations shall be designated as “Column 2”;
c
the column headed “Variable sums” in Schedule 2 to the principal Regulations shall be designated as “Column 3”;
d
the column headed “Prescribed payment interval” in Schedule 2 to the principal Regulations shall be designated as “Column 4”; and
e
the four columns of the grid in regulation 3(2) of these Regulations are to be inserted as Columns 1 to 4 of that Schedule.
Amendment of Schedule 8
4
For all of the entries in Schedule 8, substitute the following entries —
SCHEDULE 8
FEES PAYABLE FOR SATELLITE (PERMANENT EARTH STATION), (TRANSPORTABLE EARTH STATION) AND (TRANSPORTABLE VERY SMALL APERTURE TERMINAL) LICENCES
PART 1 FORMULA FOR CALCULATING THE APPROPRIATE SUM FOR A SATELLITE (PERMANENT EARTH STATION) LICENCE
4
In this Part, subject to paragraph 6, “the appropriate sum” means the amount in pounds sterling, which is payable for a Satellite (Permanent Earth Station) Licence, calculated in accordance with the formula set out in paragraph 5.
5
The formula is –
A S =
∑
b a n d s
[
28 × B
F
b a n d
×
∑
p a t h
s
b a n d
(
P
p a t h
× B
W
p a t h
)
]
where –
“ AS ” means the appropriate sum;
“ bands ” mean the numbers listed in Column 1 of the table set out in Part 2, corresponding to the range of frequency band listed in Column 2 of that table which are authorised by the licence;
“ BF band ” means the band factor applying to each band, being the number in Column 3 of the table set out in Part 2 corresponding to the band listed in Column 1 of the same table;
“ paths band ” means the set of those transmission paths authorised by the licence for which the authorised transmission frequency lies within the frequency range of each band as set out in Column 2 of the table set out in Part 2;
“ P path ” means the authorised peak transmit power (in Watts) at the flange of the antenna of the earth station for each transmission path;
“ BW path ” means the authorised transmit bandwidth (in MHz ) for each transmission path; and
“transmission path” means a combination of a satellite earth station transmitter, a satellite receiver, a transmission frequency, and polarisation for which transmissions are authorised by the licence.
6
Where the amount in pounds sterling calculated in accordance with the formula set out in paragraph 5 is less than £500, the appropriate sum shall be £500.
PART 2 BAND FACTOR FOR CALCULATING THE APPROPRIATE SUM FOR A SATELLITE (PERMANENT EARTH STATION) LICENCE
Column 1: band Column 2: Range of frequency band (fb) (in GHz) Column 3: Band factor
1 fb < 5 1.54 2 5 ≤ fb < 10 1.23 3 10 ≤ fb < 16 0.87 4 16 ≤ fb < 24 0.70 5 fb ≥ 24 0.60
PART 3 FEES PAYABLE FOR SATELLITE (TRANSPORTABLE EARTH STATION) AND (TRANSPORTABLE VERY SMALL APERTURE TERMINAL) LICENCES
7
The appropriate sum is the amount in pounds sterling, which is payable for each earth station of a Satellite (Transportable Earth Station) and a Satellite (Transportable Very Small Aperture Earth Station) Licence, specified in Column 2 of the table below as determined by the range of p specified in Column 1 of that table in which the licensee’s network falls.
8
In this Part –
a
“ OMP ” means the number corresponding to the number of the Operational Maximum Power (in Watts) as declared by the licensee on application for the earth station licence;
b
“ p ” means the product of OMP multiplied by WBW ; and
c
“ WBW ” means the number corresponding to the number of the widest bandwidth (in MHz) as declared by the licensee on application for the licence.
Column 1: Range of p Column 2: Fee (£) per earth station
0 < p ≤ = 100 300 100 < p ≤ = 2,500 1,400 p > 2,500 4,300
Ed Richards
Chief Executive of the Office of Communications
For and by the authority of the Office of Communications
23rd January 2008


text:
PART 1 Introductory
Citation, commencement and interpretation
1
1
This Order may be cited as the General Medical Council (Constitution) Order 2008 and —
a
apart from article 5(h), comes into force on 1st January 2009;
b
article 5(h) comes into force on the coming into force of section 44(1) of the Safeguarding Vulnerable Groups Act 2006 (registers: power to apply for vetting information).
2
In this Order —
“ the Act ” means the Medical Act 1983;
“chair” means the chair of the General Council;
“final outcome”, in relation to any proceedings where there are rights of appeal, means the outcome of the proceedings —
once the period for bringing an appeal has expired without an appeal being brought; or
if an appeal is brought in accordance with those rights, once those rights have been exhausted;
“licensing body” means any body, other than the General Council, anywhere in the world that licenses or regulates any profession;
“member”, unless the context otherwise requires, means a registrant member or a lay member and includes the chair; and
“spent conviction” means —
in relation to a conviction by a court in Great Britain, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974 ; or
in relation to a conviction by a court in Northern Ireland, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders (Northern Ireland) Order 1978 .
PART 2 Membership of the General Council
Composition of the General Council
2
The General Council shall consist of 12 registrant members and 12 lay members.
Terms of office of members
3
1
The duration of the term of office of each member of the General Council shall be determined by the Privy Council, on appointment.
2
No member of the General Council may hold office as a member of the General Council for more than an aggregate of 8 years during any period of 20 years.
3
For the purposes of the computation of years under paragraph (2), service as a member of the General Council before 1st January 2005 is to be discounted.
Education and training of members
4
The General Council shall make provision in standing orders with respect to the requirements with regard to education and training of members of the General Council, and those standing orders may provide for —
a
that education and training to be the responsibility of another body; and
b
those requirements to be set and varied by that body from time to time.
Disqualification from appointment as a member
5
A person is disqualified from appointment as a member of the General Council if that person —
a
has at any time been convicted of an offence involving dishonesty or deception in the United Kingdom and the conviction is not a spent conviction;
b
has at any time been convicted of an offence in the United Kingdom, and —
i
the final outcome of the proceedings was a sentence of imprisonment or detention, and
ii
the conviction is not a spent conviction;
c
has at any time been removed —
i
from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners, the Charity Commission or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity —
aa
for which the person was responsible or to which the person was privy, or
bb
which the person by their conduct contributed to or facilitated, or
ii
under —
aa
section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities), or
bb
section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005 (powers of the Court of Session),
from being concerned with the management or control of any body;
d
has at any time been removed from office as the chair, member, convenor or director of any public body on the grounds, in terms, that it was not in the interests of, or conducive to the good management of, that body that the person should continue to hold that office;
e
at any time has been adjudged bankrupt or sequestration of the person’s estate has been awarded, and —
i
the person has not been discharged, or
ii
the person is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 (bankruptcy restrictions order and undertaking);
f
has at any time made a composition or arrangement with, or granted a trust deed for, the person’s creditors and the person has not been discharged in respect of it;
g
is subject to —
i
a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 ,
ii
a disqualification order under Part II of the Companies (Northern Ireland) Order 1986 ,
iii
a disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 , or
iv
an order made under section 429(2) of the Insolvency Act 1986 (disabilities on revocation of a county court administration order);
h
has been included by —
i
the Independent Barring Board in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ), or
ii
the Scottish Ministers in the children’s list or the adults’ list (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 );
i
has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by any licensing body, the final outcome of which was —
i
the person’s suspension from a register held by the licensing body, and that suspension has not been terminated,
ii
the person’s erasure from a register held by the licensing body or a decision that had the effect of preventing the person from practising the profession licensed or regulated by the licensing body, or
iii
a decision that had the effect of only allowing the person to practise that profession subject to conditions, and those conditions have not been lifted;
j
has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by the General Council, in the course of which or where the final outcome has been that —
i
the person’s registration in the register has been suspended (including by an interim suspension order or an order under section 38 of the Act (power to order immediate suspension etc. after a finding of impairment of fitness to practise)) and that suspension has not been terminated,
ii
the person has been erased from the register (for a reason connected to the person’s fitness to practise), or
iii
the person’s registration in the register has been made conditional upon their compliance with any requirement (including by an order for interim conditional registration or an order under section 38 of the Act) and that requirement has not been lifted;
k
has at any time been subject to any investigation or proceedings relating to an allegation that the person’s entry in the register was fraudulently procured, the final outcome of which was the erasure of the person from the register;
l
has agreed in the course of proceedings concerning the person’s fitness to practise to comply with undertakings, in accordance with rules under paragraph 1(2A) of Schedule 4 to the Act (procedure and evidence before the Investigation Committee, Interim Orders Panels and Fitness to Practise Panels), and the undertakings continue to apply;
m
is or has been subject to any investigation or proceedings concerning the person’s fitness to practise by —
i
any licensing body, or
ii
the General Council,
and the Privy Council is satisfied that the person’s membership of the General Council would be liable to undermine public confidence in the regulation of the medical profession; or
n
has at any time been convicted of an offence elsewhere than in the United Kingdom and the Privy Council is satisfied that the person’s membership of the General Council would be liable to undermine public confidence in the regulation of the medical profession.
Removal of members from office
6
1
A member shall be removed from office by the Privy Council, if —
a
the member resigns, which a member may do at any time by a notice in writing to the Privy Council;
b
in the case of —
i
a registrant member, that member is erased from the register for a reason not connected to the member’s fitness to practise, or
ii
a lay member, that member becomes a person who no longer satisfies the criteria for being a lay member in paragraph 1A(1)(b) of Schedule 1 to the Act (membership: general);
c
the member becomes a person of the type mentioned in article 5(a), (b) or (e) to (h) (irrespective of whether or not they subsequently cease to be a person of the type mentioned in those provisions);
d
the member becomes a person of the type mentioned in article 5(c) or (d);
e
in the case of a registrant member, the member has become the subject of any investigation or proceedings concerning the member’s fitness to practise by the General Council, as a result of which —
i
the member’s registration in the register is suspended,
ii
the member is erased from the register, or
iii
the member’s registration in the register has been made conditional upon the member’s compliance with any requirement,
and the proceedings relating to that particular sanction have reached their final outcome;
f
in the case of a registrant member, the member has become the subject of any investigation or proceedings relating to an allegation that the person’s entry in the register was fraudulently procured or incorrectly made, the final outcome of which is the removal of the person’s entry in the register;
g
in the case of a registrant member, the member has agreed in the course of proceedings concerning the member’s fitness to practise to comply with undertakings, in accordance with rules under paragraph 1(2A) of Schedule 4 to the Act (procedure and evidence before the Investigation Committee, Interim Orders Panels and Fitness to Practise Panels);
h
the Privy Council is satisfied that the member’s level of attendance at meetings of the General Council falls below a minimum level of attendance acceptable to the Privy Council, having regard to —
i
any recommended minimum levels of attendance that the General Council have set in their standing orders, and
ii
whether or not there were reasonable causes for the member’s absences;
i
the Privy Council is satisfied the member has failed, without reasonable cause, to undertake satisfactorily the requirements with regard to education and training for members that apply to that member and which the General Council have included in their standing orders;
j
the Privy Council is satisfied that the member is no longer able to perform their duties as a member of the General Council because of adverse physical or mental health;
k
the Privy Council is satisfied that the member’s continued membership of the General Council would be liable to undermine public confidence in the regulation of the medical profession.
2
A member who becomes, or may be about to become, a person to whom paragraph (1)(b) to (g) applies must notify the Privy Council and the General Council in writing of that fact as soon as the person becomes aware of it.
3
Any member or employee of the General Council may notify the Privy Council if they are of the view that the Privy Council may need to exercise its functions under paragraph (1).
4
The chair shall notify the Privy Council if the chair is aware that —
a
a member has become, or may be about to become, a person to whom paragraph (1)(b) to (g) applies; and
b
that member has not notified the Privy Council in writing of that fact and the chair is not satisfied that the member will do so immediately.
Suspension of members from office
7
1
The Privy Council may suspend a member from office by a notice in writing served on the member —
a
if the Privy Council has reasonable grounds for suspecting that the member has become a person to whom article 6(1)(b)(ii) to (d) applies, for the purposes of determining whether or not the member has become such a person;
b
while the Privy Council is considering whether or not it is satisfied as to the matters set out in article 6(1)(h) to (k);
c
if the member is subject to any investigation or proceedings concerning the member’s fitness to practise by —
i
any licensing body, or
ii
the General Council,
and the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the General Council while the investigation or proceedings concerning the member’s fitness to practise is or are ongoing;
d
if the member is subject to any investigation or proceedings concerning whether the member’s entry in the register was fraudulently procured or incorrectly made and the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the General Council while the investigation or proceedings concerning the member’s entry in the register is or are ongoing; or
e
if the member is subject to any investigation or proceedings in the United Kingdom relating to a criminal offence, or in any other part of the world relating to an offence which, if committed in any part of the United Kingdom, would constitute a criminal offence, and —
i
either —
aa
the investigation or proceedings relate to an offence involving dishonesty or deception, or
bb
the final outcome of the investigation or proceedings may be that the person is sentenced to a term of imprisonment or detention, and
ii
the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the General Council while the investigation or proceedings is or are ongoing.
2
The Privy Council shall suspend a registrant member from office by a notice in writing served on the member if the member is the subject of an order under section 38 or 41A of the Act (power to order immediate suspension etc. after a finding of impairment of fitness to practise, and interim orders).
3
The notice in writing under paragraph (1) or (2) shall set out the reasons for the suspension and the duration of the period of suspension, which shall (in the first instance) not be for more than 6 months.
4
The Privy Council may stay its consideration under paragraph (1) of whether or not to suspend a member while the General Council considers whether or not to suspend the member provisionally under standing orders of the General Council.
5
If a member has been suspended provisionally under standing orders of the General Council —
a
the General Council shall notify the Privy Council in writing of the provisional suspension as soon as is reasonably practicable; and
b
the Privy Council shall consider the matter with a view to determining whether or not to suspend the member under paragraph (1) or to remove the member under article 6(1).
6
If after considering the matter under paragraph (5)(b), the Privy Council decides not to suspend the member, and not to remove the member from office, the General Council must terminate their provisional suspension of the member under their standing orders.
7
The Privy Council —
a
may at any time review a suspension of a member by it; and
b
shall review any suspension of a member by it after 3 months from the start of the period of suspension, if requested to do so by the suspended member.
8
Following a review, the Privy Council may —
a
terminate the suspension;
b
if that review is within 3 months of the end of a period of suspension, extend the suspension for a further period of up to 6 months from the date on which the suspension would otherwise come to an end.
9
The Privy Council shall notify the suspended member in writing of the outcome of any review and that notice in writing shall include the reasons for any decision taken.
PART 3 Chair of the General Council
Appointment, term of office and cessation of office of the chair
8
1
The General Council shall appoint as their chair the member they elect from among their number to be chair.
2
The term of office of a chair shall be determined by the General Council on appointment, but it shall be for a period that is no longer than the period between the chair’s date of appointment as chair and the date on which the chair’s term of office as a member is due to expire (irrespective of whether or not they are thereafter reappointed as a member).
3
A member serving as chair shall cease to be chair —
a
on ceasing to be a member;
b
if the member resigns as chair, which the member may do at any time by a notice in writing to the General Council;
c
if the member’s membership of the General Council is suspended by the Privy Council; or
d
if a majority of the General Council, excluding the chair (but not simply a majority at a quorate meeting), votes to terminate the member’s appointment as chair.
Transitional arrangements in respect of the first chair of the General Council in 2009
9
Notwithstanding article 8(1) and (2), the person who was president of the General Council on 31st December 2008 shall, if reappointed to serve as a member of the General Council from 1st January 2009, be appointed by the General Council to serve as the chair of the General Council as constituted on 1st January 2009 for a term of six months.
Deputising arrangements in respect of the chair
10
1
Subject to paragraph (2), if, for any reason, the chair is absent from a meeting of the General Council, the members who are present at that meeting shall nominate one of their number to serve as chair at that meeting.
2
If, for any reason —
a
the General Council is on notice that their chair is likely —
i
to be absent for more than one meeting of the General Council, or
ii
to be unavailable to perform the duties of a chair for more than one month; or
b
the office of chair is vacant,
the General Council may nominate a member (“deputy chair”) to serve as chair during the absence or unavailability of the chair or the vacancy.
3
A member serving as deputy chair shall cease to be deputy chair —
a
in the case of —
i
the absence or unavailability of the chair, once the chair notifies the General Council that they are able to resume their duties, or
ii
the office of chair being vacant, once the vacancy is filled;
b
if the member ceases to be a member;
c
if the member resigns as deputy chair, which the member may do at any time by a notice in writing to the General Council;
d
if the member’s membership of the General Council is provisionally suspended by the General Council or suspended by the Privy Council; or
e
if the General Council votes (by a majority at a quorate meeting) to terminate the member’s appointment as deputy chair.
PART 4 Proceedings of the General Council
Quorum of the General Council
11
The quorum of the General Council shall be 14.
Effect of vacancies etc. on the validity of proceedings
12
1
The validity of any proceedings of the General Council shall not be affected by —
a
any vacancy among the members of the General Council;
b
any defect in the appointment of a member of the General Council;
c
a member whom the Privy Council must remove from the General Council under article 6(1)(b) to (g) participating in the proceedings;
d
a member whom the Privy Council has removed under article 6(1) having participated in the proceedings; or
e
a member who has been provisionally suspended by the General Council under their standing orders or suspended by the Privy Council under article 7(1) or (2) having participated in the proceedings.
2
Notwithstanding paragraph (1)(c), a member whom the Privy Council must remove from the General Council under article 6(1)(b) to (g) is not entitled to participate in proceedings of the General Council, pending the member’s removal from the General Council by the Privy Council.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Insurance Companies (Taxation of Reinsurance Business) (Amendment) Regulations 2008 and shall come into force on 12th August 2008.
2
These Regulations shall have effect in relation to accounting periods beginning on or after 1st January 2008.
Amendment of the Insurance Companies (Taxation of Reinsurance Business) Regulations 1995
2
The Insurance Companies (Taxation of Reinsurance Business) Regulations 1995 are amended as follows.
Amendment of regulation 2
3
In regulation 2 (interpretation) —
a
omit the definition of “the Board”;
b
for the definition of “deposit-back arrangement” substitute —
“deposit-back arrangement” has the meaning given to “deposit back arrangements” by section 431(2) of the Taxes Act;
; and
c
for the definition of “inspector” substitute —
“inspector” means any officer of Revenue and Customs;
.
Amendment of regulation 3
4
In regulation 3(1) (calculation of investment return in sole accounting period) in the definition of “C” in paragraph (b) omit “under section 85 of the Finance Act 1989”.
Amendment of regulation 6
5
In regulation 6(3)(e)(ii) (calculation of investment return in final accounting period) omit “under section 85 of the Finance Act 1989”.
Amendment of regulation 7
6
In regulation 7(11) (prescribed percentage rates of return for the purposes of regulations 4 and 5) —
a
in sub-paragraph (a) for “whose head office is” substitute “which is resident”; and
b
in sub-paragraph (b) —
i
in paragraph (i) for “branch or agency” substitute “permanent establishment”; and
ii
in paragraph (ii) for “branches and agencies” substitute “permanent establishments”.
Amendment of regulation 9
7
In regulation 9(2)(c) (exclusion of certain reinsurance arrangements from section 442A) after “Schedule D” insert “by virtue of section 431G(3)(a) of the Taxes Act ”.
Amendment of regulation 13
8
In regulation 13 (transfer of insurance arrangements effected by novation or insurance business transfer schemes) for paragraph (3) substitute —
3
For the purposes of regulations 4 to 7 —
a
if there is no accounting period of the transferor ending on the day of the transfer, an accounting period of the transferor shall be treated as ending on that day;
b
an accounting period of the transferor which ends (or is treated as ending) on the day of the transfer shall not be treated as the final accounting period during which the reinsurance arrangement concerned is in force;
c
if there is no accounting period of the transferee beginning on, or immediately after, the day of the transfer an accounting period of the transferee shall be treated as beginning immediately after that day; and
d
an accounting period of the transferee which begins on, or immediately after, (or is treated as beginning immediately after) the day of the transfer shall not be treated as the first accounting period during which the reinsurance arrangement concerned is in force.
.
Dave Hartnett
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
22nd July 2008


text:
Citation, commencement, and interpretation
1
1
This Order may be cited as the Parish Councils (Power to Promote Well-being) (Prescribed Conditions) Order 2008 and shall come into force on 31st December 2008.
2
In this Order, “relevant annual meeting” means an annual meeting of a parish council that takes place in a year of ordinary elections.
Prescribed conditions
2
The conditions prescribed for the purposes of section 1(2) of the Act are those specified in the Schedule to this Order.
Eligibility to use the power to promote well-being
3
1
Subject to article 4, a parish council which resolves that it meets the prescribed conditions shall be an eligible parish council for the duration of the eligibility period.
2
In so far as it permits a local authority to arrange for the discharge of any of their functions by a committee or sub-committee, section 101(1)(a) of the Local Government Act 1972 does not apply to the passing of a resolution under this article.
3
In this article —
“eligibility period” means the period which —
begins when a resolution under paragraph (1) is passed; and
ends on the day before the day of the next relevant annual meeting to be held after the resolution is passed.
Transitional provision
4
1
This article applies to a parish council in the circumstances described in paragraph (2).
2
The circumstances are that —
a
the parish council has passed a resolution under paragraph 3(1); and
b
at the next relevant annual meeting to be held after the day on which the resolution is passed, the parish council does not pass another resolution under that paragraph.
3
The council shall continue to be an eligible parish council for the purpose of completing any activity —
a
undertaken in the exercise of section 2(1) of the Local Government Act 2000, but
b
not completed before the day of the meeting referred to in paragraph (2)(b).
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
2nd December 2008


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No. 2) Regulations 2008 and shall come into force on 21st July 2008.
Amendment of Schedule 1 to the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985
2
1
Part I of Schedule 1 to the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (list of prescribed diseases and the occupations for which they are prescribed) is amended as follows.
2
In the first column of the entry relating to prescribed disease D12, omit “accompanying”.
3
For the entry in the second column relating to prescribed disease D12, substitute —
Exposure to coal dust (whether before or after 5th July 1948) by reason of working —
a
underground in a coal mine for a period or periods amounting in aggregate to at least 20 years;
b
on the surface of a coal mine as a screen worker for a period or periods amounting in aggregate to at least 40 years before 1st January 1983; or
c
both underground in a coal mine, and on the surface as a screen worker before 1st January 1983, where 2 years working as a surface screen worker is equivalent to 1 year working underground, amounting in aggregate to at least the equivalent of 20 years underground.
Any such period or periods shall include a period or periods of incapacity while engaged in such an occupation.
.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
12th June 2008


text:
Citation and commencement
1
This Order may be cited as the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 and shall come into force on 3rd November 2008.
First-tier Tribunal Chambers
2
The First-tier Tribunal shall be organised into the following chambers —
a
the Social Entitlement Chamber;
b
the War Pensions and Armed Forces Compensation Chamber; and
c
the Health, Education and Social Care Chamber.
Functions of the Social Entitlement Chamber
3
To the Social Entitlement Chamber are assigned all functions relating to appeals —
a
in asylum support cases;
b
in criminal injuries compensation cases;
c
regarding entitlement to, payments of, or recovery or recoupment of payments of, social security benefits, child support, vaccine damage payment, tax credits and child trust funds;
d
regarding payments in consequence of diffuse mesothelioma;
e
regarding a certificate or waiver decision in relation to NHS charges;
f
regarding entitlement to be credited with earnings or contributions;
g
against a decision as to whether an accident was an industrial accident.
Functions of the War Pensions and Armed Forces Compensation Chamber
4
To the War Pensions and Armed Forces Compensation Chamber are assigned all functions relating to appeals under the War Pensions (Administrative Provisions) Act 1919 and the Pensions Appeal Tribunals Act 1943 .
Functions of the Health, Education and Social Care Chamber
5
To the Health Education and Social Care Chamber are assigned all functions relating to —
a
an appeal against a decision related to children with special educational needs;
b
a claim of disability discrimination in the education of a child;
c
an application or an appeal against a decision or determination related to work with children or vulnerable adults;
d
an appeal against a decision related to registration in respect of provision of health or social care;
e
an appeal against a decision related to registration in respect of social workers and social care workers;
f
an appeal against a decision related to the provision of childcare;
g
an appeal against a decision related to an independent school or other independent educational institution;
h
applications and references by and in respect of patients under the provisions of the Mental Health Act 1983 or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984 .
Upper Tribunal Chamber
6
The Upper Tribunal shall be organised as the Administrative Appeals Chamber.
Functions of the Administrative Appeals Chamber
7
To the Administrative Appeals Chamber are assigned all functions relating to —
a
an appeal —
i
against a decision made by a chamber of the First-tier Tribunal;
ii
under section 5 of the Pensions Appeal Tribunals Act 1943 (assessment decision) against a decision of the Pensions Appeal Tribunal in Northern Ireland established under paragraph 1(2) of Schedule 1 to the Pensions Appeal Tribunals Act 1943;
iii
against a decision of the Pensions Appeal Tribunal in Scotland established under paragraph 1(2) of Schedule 1 to the Pensions Appeal Tribunals Act 1943;
iv
against a decision of the Mental Health Review Tribunal for Wales established under section 65 of the Mental Health Act 1983c;
v
against a decision of the Special Educational Needs Tribunal for Wales ;
vi
under section 4 of the Safeguarding Vulnerable Groups Act 2006 (appeals);
b
an application —
i
to grant the relief mentioned in section 15(1) of the Tribunal, Courts and Enforcement Act 2007 (Upper Tribunal’s “judicial review” jurisdiction);
ii
to exercise the powers of review under section 21(2) of that Act (Upper Tribunal’s “judicial review” jurisdiction: Scotland).
By authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
13th October 2008
I concur
Robert Carnwath
Senior President of Tribunals
13th October 2008


text:
Citation and commencement
1
These Regulations may be cited as the Education (Independent School Inspection Fees and Publication) (England) Regulations 2008 and come into force on 1st September 2008.
Application
2
1
These Regulations apply in relation to England only.
2
These Regulations do not apply to —
a
the first inspection of a school conducted under section 162A(1)(a) of the 2002 Act after the school has been entered in the register of independent schools in accordance with section 161(3) of that Act; and
b
an inspection, or the publication of the report of an inspection, of an Academy, city technology college or city college for the technology of the arts established under section 482 of the 1996 Act .
3
Regulations 4 to 7 do not apply to a school approved under section 347(1) of the 1996 Act .
Interpretation
3
In these Regulations —
“the 1996 Act” means the Education Act 1996;
“the 2002 Act” means the Education Act 2002;
“annual return” is to be interpreted in accordance with regulation 7 of the Education (Provision of Information by Independent Schools) (England) Regulations 2003 ;
“concerns” is to be interpreted as concerns about whether or not one or more of the independent school standards are being met in relation to a school;
“follow up inspection” means a limited inspection which is prompted by concerns arising from a full inspection or a reduced tariff inspection;
“full inspection” means an inspection of a school under section 162A(1)(a) of the 2002 Act which is not a limited inspection;
“limited inspection” means an inspection of a school under section 162A(1)(a) of the 2002 Act, the scope of which is limited pursuant to section 162A(2)(b) of that Act to such of the independent school standards as are specified in relation to that school;
“reduced tariff inspection” means a limited inspection which is not a follow up inspection or an inspection of a school prompted by concerns arising from a complaint about that school;
“school” means an independent school.
Fees payable on inspection by the Chief Inspector
4
1
In respect of any full inspection of a school the proprietor must pay the Chief Inspector a fee to be determined in accordance with paragraph (2).
2
For a school which had, on the date to which the most recent annual return was made up, the number of registered pupils aged 3 years or over specified in column 1 of Schedule 1, the fee payable under paragraph (1) is to be calculated in accordance with the corresponding entry in column 2.
5
1
In respect of any reduced tariff inspection of a school the proprietor must pay the Chief Inspector a fee to be determined in accordance with paragraph (2).
2
For a school which had, on the date to which the most recent annual return was made up, the number of registered pupils aged 3 years or over specified in column 1 of Schedule 2, the fee payable under paragraph (1) is to be calculated in accordance with the corresponding entry in column 2.
6
A fee payable under regulation 4 or 5 must be paid in six equal instalments, with the first to be paid within 28 days of the last day on which the inspection is conducted and each other instalment to be paid within twelve months of the previous instalment, except that any outstanding fee must be paid in full prior to the closure of any school.
7
1
Where concerns arising from a full inspection or a reduced tariff inspection prompt one or more follow up inspections —
a
in the case of the first follow up inspection after the full or reduced tariff inspection prompting the concerns, no fee is payable; and
b
in the case of any subsequent follow up inspection, the proprietor must pay the Chief Inspector a fee equal to 25% of the fee payable in respect of the full inspection or reduced tariff inspection which prompted it.
2
The fee payable under paragraph (1) is to be paid in a single payment within 28 days of the date on which the payment is requested by the Chief Inspector, except that any outstanding fee must be paid in full prior to the closure of any school.
Publication of inspections reports
8
Where the registration authority requires publication of a report made under section 162A(3) of the 2002 Act, the Chief Inspector must —
a
send a copy of the report and any summary of that report to the proprietor; and
b
place a copy of the report and any summary of that report on the Chief Inspector’s internet website.
Revocation and savings
9
1
Subject to paragraph (2) the Education (Independent School Inspection Fees and Publication) (England) Regulations 2003 are revoked.
2
In relation to any school which was —
a
inspected before 1st September 2008; and
b
required to pay a fee in relation to that inspection
the Education (Independent School Inspection Fees and Publication) (England) Regulations 2003 continue to have effect and the making of these Regulations does not affect the liability of the proprietor to pay any fee which was payable under those Regulations.
Andrew Adonis
Parliamentary Under Secretary of State
Department for Children, Schools and Families
7th July 2008


text:
PART 1 PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the River Humber (Upper Burcom Tidal Stream Generator) Order 2008.
2
This Order comes into force on the date on which the notice required by section 14(1)(b) of the Transport and Works Act 1992 is first published.
Interpretation
2
1
In this Order —
“A. B. Ports” means Associated British Ports;
“authorised works” means the scheduled works, the works and facilities described in article 3(3) and any other works authorised by the Order;
“the level of high water” means the level of mean high water springs;
“the limits of deviation”, in relation to a work, means the limits of deviation related to that work which are shown on the works plans;
“maintain” includes inspect, maintain, repair, adjust, alter, remove, reconstruct and replace; and “maintenance” shall be construed accordingly;
“reference point” means Ordnance Survey National Grid reference point;
“river” means the river Humber;
“the scheduled works” means the works specified in Schedule 1 to this Order or any part of them;
“the sections” means the sections certified by the Secretary of State in accordance with article 19, unless the context otherwise requires;
“tidal stream generator” means the tidal stream generator described in paragraph 1 of Schedule 1 to this Order;
“tidal work” means so much of any authorised work as is on, under or over tidal waters or tidal lands below the level of high water;
“the undertaker” means Pulse Tidal Limited or any person to whom the powers conferred by this Order are transferred in an agreement pursuant to article 20;
“vessel” means a ship, boat, raft or water craft of any description and includes a non-displacement craft, a seaplane, any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily) and any other amphibious vehicle;
“the works plans” means the plans certified by the Secretary of State in accordance with article 19, unless the context otherwise requires.
2
All directions, distances, lengths and points stated in any description of works or powers shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, length and point.
3
Any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.
PART 2 WORKS
Principal powers
Power to construct and maintain works
3
1
The undertaker may construct and maintain the scheduled works.
2
Subject to article 4, the scheduled works shall be constructed and maintained in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.
3
The undertaker may, within the limits of deviation for the scheduled works, carry out, provide and maintain such of the following works and facilities as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction or maintenance of the scheduled works, namely —
a
temporary or permanent landing places, jetties, or moorings or other means of accommodating vessels in the construction or maintenance of the scheduled works;
b
buoys, beacons, fenders and other navigational warning or ship impact protection works;
c
works to alter the position of apparatus, including cables;
d
landscaping and other works to mitigate any adverse affects of the construction, maintenance or operation of the scheduled works;
e
works for the benefit or protection of land affected by the scheduled works;
f
such other works and apparatus, plant and machinery of whatever nature as may be necessary or expedient.
Power to deviate
4
In constructing or maintaining any scheduled works, the undertaker may deviate —
a
laterally from the lines or situations shown on the works plans to any extent within the limits of deviation; and
b
vertically from the levels shown on the sections to any extent not exceeding 2 metres upwards and to any extent downwards.
Protection of navigation
Tidal works not to be executed without approval of the Secretary of State
5
1
A tidal work shall not be constructed or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed or altered in contravention of this article or any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the undertaker at its own expense to remove the tidal work or any part of it and restore the site to its former condition; and
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the undertaker.
Provision against danger to navigation
6
1
In case of damage to, or destruction or decay of, a tidal work or any part thereof the undertaker shall as soon as reasonably practicable —
a
notify A. B. Ports; and
b
lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as A. B. Ports may from time to time direct.
2
If it appears to A. B. Ports urgently necessary to do so in order to secure the safe navigation of the river by all vessels, it may lay down such buoys and exhibit such lights and take such other steps for preventing danger to navigation as A. B. Ports may direct are reasonably necessary.
3
Any expenditure incurred by A. B. Ports in consequence of it exercising powers under paragraph (2) shall be recoverable from the undertaker.
Abatement of works abandoned or decayed
7
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State or A. B. Ports may by notice in writing require the undertaker at its own expense either to repair and restore the work or any part of it, or to remove the work and restore the site of the work to its former condition, to such an extent and within such limits as the Secretary of State or A. B. Ports may specify in the notice.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State or A. B. Ports may include that part of the work, or any portion of it, in any notice under this article.
3
This article shall not apply to any decommissioning of the authorised works in accordance with a decommissioning plan approved by the Secretary of State under any condition imposed in a licence granted under section 5 of the Food and Environment Protection Act 1985 .
4
If there is any inconsistency between any requirements of the Secretary of State and A. B. Ports under article 7(1) or article 7(2) the requirement of the Secretary of State shall prevail.
Survey of tidal works
8
1
The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the undertaker.
2
Subject to paragraph (3) such surveys shall not be ordered more frequently than once a year, and before ordering such a survey the Secretary of State shall —
a
consult the undertaker in order to establish what relevant survey information is already available; and
b
give the undertaker an opportunity to carry out the survey itself.
3
Paragraph (2) shall not apply in an emergency.
4
Paragraphs (1) to (3) apply to A. B. Ports as if it were the Secretary of State.
5
A. B. Ports’ annual survey of the river in the performance of its functions as navigation authority shall not be treated as a survey ordered by A. B. Ports under this article.
Permanent lights and navigational safety aids
9
After the completion of the tidal works the undertaker shall exhibit every night from sunset to sunrise such lights, if any, and shall provide such markers, if any, and take such other steps for the prevention of danger to navigation as A. B. Ports may from time to time direct.
Lights on tidal works during construction
10
The undertaker shall at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relaying, reconstruction or extension of the work exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as A. B. Ports may from time to time direct.
Execution of works in default
11
1
If, on the expiration of 30 days from the date when a notice under article 5(2)(a) or 7(1) is served upon the undertaker it has failed, without reasonable excuse, to comply with the requirements of the notice, the Secretary of State or A. B. Ports (as the case may be) may execute the works specified in the notice.
2
Any expenditure incurred by the Secretary of State or A. B. Ports (as the case may be) in so doing shall be recoverable from the undertaker.
Offences
12
If the undertaker, without reasonable excuse, fails to —
a
comply with a direction given under article 6, 9 or 10; or
b
give notification as required by article 6,
it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
PART 3 MISCELLANEOUS AND GENERAL
Power to operate and use works
13
Subject to article 15, the undertaker may operate and use the authorised works as a system for generating and transmitting electricity.
Disapplication of section 9 of the Humber Conservancy Act 1899 and section 6 of the Humber Conservancy Act 1905
14
Section 9(ii) (licences for execution of works) of the Humber Conservancy Act 1899 and section 6(2) (no erections in Humber below river lines or without licence above river lines) of the Humber Conservancy Act 1905 shall not apply to the authorised works.
Removal of authorised works
15
The undertaker shall remove —
a
Work No. 1 (except that, in relation to the two piles, it shall only remove as much as is practicable); and
b
Works Nos. 2 and 3,
no later than three years after the date on which this Order is made and shall, subject to the exception in paragraph (a), restore the sites of the works to their former condition, subject to natural change.
Obstruction and misuse of authorised works
16
Any person who without reasonable excuse —
a
obstructs another person from constructing or maintaining any of the authorised works under the powers conferred by this Order;
b
makes fast to any part of any tidal work; or
c
in any other way interferes with any of the authorised works or their operation,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Exclusion zone for navigation, trawling and anchoring
17
1
Subject to paragraph (3) there shall be a temporary exclusion zone (“exclusion zone”) extending to any waters within 75 metres of any part of Work No 1 and Work No 2 during the construction, relaying, replacement, removal or decommissioning of those works or any part of those works.
2
Any person who without reasonable excuse navigates a vessel within an exclusion zone shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
An exclusion zone shall not come into effect until 7 days after the publication by A. B. Ports of a notice to mariners specifying —
a
the date of publication of the notice; and
b
the location and extent of the exclusion zone and its intended duration.
4
The exclusion zone shall terminate on the completion of the construction, relaying, replacement, removal or decommissioning of the works to which it relates.
5
As soon as reasonably practicable following the termination of an exclusion zone A. B. Ports shall publish notice of the termination by means of a notice to mariners.
6
This article shall not apply to a person navigating a vessel within the exclusion zone for the purpose of, or in connection with, the construction, maintenance or operation of the authorised works.
Certain land to be treated as operational land
18
Planning permission which is deemed by a direction under section 90(2A) of the Town and Country Planning Act 1990 to be granted in relation to works authorised by this Order shall be treated as specific planning permission for the purposes of section 264(3)(a) of that Act (cases in which land is to be treated as operational land for the purposes of that Act).
Certification of plans, etc.
19
1
The undertaker shall, as soon as practicable after the making of this Order, submit to the Secretary of State copies of the works plans and sections sent to him with the application for this Order in accordance with rule 10(3) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 .
2
The Secretary of State shall, on receipt of such works plans and sections, certify that they are true copies of the works plans and sections so sent to him.
3
A document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Transfer of powers
20
1
The undertaker may, with the consent of the Secretary of State, enter into, and carry into effect, agreements for the transfer to another person of all or any of the powers conferred on the undertaker by this Order.
2
The exercise of any power conferred by this Order by any other person in accordance with an agreement under paragraph (1) shall be subject to the same obligations and liabilities under this Order as would apply if that power were exercised by the undertaker.
3
Not later than 21 days before any such agreement comes into effect which provides for the transfer to another person of powers relating to any tidal works the undertaker shall give written notice to the Secretary of State and to A. B. Ports stating the name and address of the person to whom the powers are being transferred and the date when the transfer is to take effect.
For protection of A. B. Ports
21
The provisions of Schedule 2 to this Order shall have effect.
Saving for Trinity House
22
Nothing in this Order shall prejudice or derogate from any of the rights, duties or privileges of the Corporation of Trinity House of Deptford Strond.
Crown rights
23
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown, and in particular, nothing in this Order authorises the undertaker to take, use, enter upon or in any manner interfere with any land, hereditaments, or rights of whatsoever description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) may be given unconditionally or subject to such conditions or upon such terms as may be considered necessary or appropriate.
Signed by authority of the Secretary of State for Business, Enterprise and Regulatory Reform
Richard Mellish
Director, Development Consents and Licensing Reform,
Department for Business, Enterprise and Regulatory Reform
2nd April 2008


text:
Title application and commencement
1
These Regulations may be cited as the Condensed Milk and Dried Milk (England) (Amendment) Regulations 2008, apply in relation to England only and come into force on 22nd February 2008.
Amendment of the Condensed Milk and Dried Milk (England) Regulations 2003
2
The Condensed Milk and Dried Milk (England) Regulations 2003 are amended in accordance with regulations 3 and 4.
3
In regulation 2 (interpretation), the word “directly” is omitted from the definitions of “partly dehydrated milk” and “totally dehydrated milk”.
4
In the Notes to Schedule 1 (partly or wholly dehydrated preserved milk products and their reserved descriptions) —
a
For Note 1 substitute the following —
1
Authorised additions and raw materials:
a
Any designated product may contain any substance permitted pursuant to Council Directive 89/107/ EEC on the approximation of laws of Member States concerning food additives authorised for use in foodstuffs intended for human consumption and vitamins and minerals in accordance with the requirements of Regulation (EC) No. 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods .
b
Authorised raw materials for protein adjustment purposes referred to in Note 4 are as follows:
i
Milk retentate, which is the product obtained by concentrating milk protein by ultra filtration of milk, partly skimmed milk or skimmed milk;
ii
Milk permeate, which is the product obtained by removing milk proteins and milk fat from milk, partly skimmed milk or skimmed milk by ultra filtration; and
iii
Lactose, which is a natural constituent of milk normally obtained from whey with an anhydrous lactose content of not less than 99.0% m/m on a dry basis. It may be anhydrous or contain one molecule of water of crystallisation or be a mixture of both forms.
.
b
In Note 3, for the words beforethe first indent substitute the following —
3
Without prejudice to Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin , the preservation of the designated products shall be achieved —
.
c
For Note 4 substitute the following —
4
Without prejudice to the compositional requirements set out in the table above, the protein content of milk may be adjusted to a minimum content of 34% by weight (expressed on fat-free dry matter) by the addition and/or withdrawal of milk constituents in such a way as not to alter the ratio of whey protein to casein in the milk being adjusted.
.
d
As Note 5 add the following —
5
The levels of dry matter, moisture content, fat, sucrose, lactic acid and lactates and phosphatase activity in the designated products shall be determined in accordance with the methods set out in Directive 79/1067/EEC .
.
Consequential amendments
5
In the Colours in Food Regulations 1995 , in so far as they apply in relation to England, in paragraph 6 of Schedule 2, after the expression “Directive 2001/114/EC ” add the words “as amended by Directive 2007/61/EC ”.
6
In the Miscellaneous Food Additives Regulations 1995 , in so far as they apply in relation to England, in column 1 of Schedule 7, after the expression “Partially dehydrated and totally dehydrated milk as defined in Directive 2001/114/EC ” add the words “as amended by Directive 2007/61/EC ”.
Signed by authority of the Secretary of State for Health
Dawn Primarolo
Minister of State
Department of Health
15th January 2008


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Use of Information for Housing Benefit and Welfare Services Purposes) Regulations 2008 and shall come into force on 1st September 2008.
Interpretation
2
In these Regulations —
“the 2007 Act ” means the Welfare Reform Act 2007;
“benefit or welfare services information” means information falling within section 42(3) of the 2007 Act (information relating to certain benefits);
“claimant” means a person claiming housing benefit;
“excluded tenancy” means a type of tenancy falling within any of paragraphs 4 to 11 of Schedule 2 to the Housing Benefit Regulations (excluded tenancies) or paragraphs 4 to 11 of Schedule 2 to the Housing Benefit (State Pension Credit) Regulations (excluded tenancies), as the case may require;
“exempt accommodation” has the meaning given by sub-paragraph 4(10) of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (transitional and savings provisions);
“hostel” has the same meaning as it has in the Housing Benefit Regulations or the Housing Benefit (State Pension Credit) Regulations, as the case may require;
“the Housing Benefit Regulations” means the Housing Benefit Regulations 2006 ;
“the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ;
“landlord” includes a person to whom rent is payable by the person entitled to a rent allowance for the purposes of regulation 95 of the Housing Benefit Regulations (circumstances in which payment is to be made to a landlord) or regulation 76 of the Housing Benefit (State Pension Credit) Regulations (circumstances in which payment is to be made to a landlord), as the case may require;
“registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996 ;
“relevant person” means a person falling within any of paragraphs (c) to (h) of section 42(4) of the 2007 Act;
“rent” has the same meaning as it has in the Housing Benefit Regulations or the Housing Benefit (State Pension Credit) Regulations, as the case may require.
Prescribed purposes in section 42(2) of the 2007 Act
3
Regulations 4, 5 and 6 prescribe meanings of “prescribed purpose” in section 42(2) of the 2007 Act (information relating to certain benefits) for the purposes set out in those regulations.
Holding purposes relating to welfare services
4
1
This regulation prescribes the purposes for which a relevant person holds benefit or welfare services information (“holding purposes”).
2
The holding purposes are purposes relating to welfare services which may indicate —
a
whether a claimant is likely to have difficulty in managing his financial affairs;
b
the probability that a claimant will pay his rent;
c
whether a landlord —
i
was or is to provide qualifying welfare services within the meaning of section 42(6) of the 2007 Act, but
ii
has not provided those services or is unlikely to provide those services;
d
whether —
i
a claimant’s landlord is a registered social landlord,
ii
a claimant occupies as his home a dwelling which is exempt accommodation,
iii
a claimant’s tenancy is an excluded tenancy,
iv
a claimant occupies a houseboat, caravan or mobile home as his home, or
v
a claimant resides in a hostel.
Using purposes relating to housing benefit
5
1
This regulation prescribes meanings of “prescribed purpose” for which benefit or welfare services information may be used (“using purposes”) by —
a
the relevant person in relation to whom regulation 4 applies; or
b
another relevant person to whom the benefit or welfare services information has been provided.
2
The using purposes are purposes relating to housing benefit connected with applying any of the following regulations —
a
regulation 13C(5) of the Housing Benefit Regulations (when a maximum rent (LHA) is to be determined);
b
regulation 96(3) and (3A)(b)(i) or (ii) of the Housing Benefit Regulations (circumstances in which payment may be made to a landlord), if a relevant authority is considering making direct payments in accordance with regulation 96(3A)(b)(i) or (ii);
c
regulation 13C(5) of the Housing Benefit (State Pension Credit) Regulations (when a maximum rent (LHA) is to be determined);
d
regulation 77(3) and (3A)(b)(i) or (ii) of the Housing Benefit (State Pension Credit) Regulations (circumstances in which payment may be made to a landlord), if a relevant authority is considering making direct payments in accordance with regulation 77(3A)(b)(i) or (ii).
Identifying purposes
6
1
This regulation prescribes meanings of “prescribed purpose” for the purposes of determining whether a relevant person holds benefit or welfare services information related to any holding purpose prescribed by regulation 4 (“identifying purposes”).
2
The identifying purposes are any purposes relating to housing benefit connected with identifying a claimant.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
5th August 2008