text:
Citation commencement and interpretation
1
1
These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Downloading and Retention of Data) Regulations 2008 and come into force 7 days after the day on which they are made.
2
In these Regulations, “the 1968 Act” means the Transport Act 1968.
Amendment of the 1968 Act: protection of electronic data and other records
2
After section 97B of the 1968 Act insert —
Delivery of record sheets and other documents
97C
1
This section applies to the following documents —
a
record sheets;
b
manual records and printouts made in accordance with the Community Recording Equipment Regulation.
2
If such a document relates to a person in his capacity as the driver of a vehicle to which section 97 applies, he must before the end of the delivery period deliver the document to the transport undertaking to whose orders he was subject in driving the vehicle.
3
The delivery period is the period of 42 days starting on the day after the latest date to which the document relates.
4
A person who without reasonable excuse fails to comply with subsection (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
5
If a transport undertaking fails without reasonable excuse to secure that each driver subject to its orders complies with subsection (2), in respect of documents relating to him in his capacity as such a driver, it is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
6
If a person is subject to the orders of two or more transport undertakings in driving a vehicle during a period to which a document relates-
a
subsection (2) has effect as if it were a requirement to deliver that document to the undertaking to whose orders he was first subject in driving the vehicle during that period;
b
subsection (5), in relation to that document, applies only to the undertaking to whose orders he was first subject in driving the vehicle during that period.
Vehicle units: downloading data
97D
1
This section applies where a transport undertaking is required by article 10 of the Community Drivers’ Hours Regulation to ensure that data is downloaded from a vehicle unit in a vehicle.
2
The undertaking must ensure that relevant data is downloaded from the unit not later than the end of the download period if —
a
it controls the use of the vehicle throughout that period, and
b
it uses the vehicle at some point during that period.
3
The download period begins and ends as set out in the following table —
Case Download period begins Download period ends
1. The undertaking has not previously downloaded data from the unit under this section
On the first day after the commencement of this section on which the undertaking —
controls the use of the vehicle, and
is required by article 10 to ensure that data is downloaded from the unit
On the earlier of —
the expiry of the period of 56 days starting on the first day of the download period;
any downloading of the data before the expiry of that period
2. The undertaking uses the vehicle during the period of 56 days starting on the day after the last downloading under this section On the day after the last downloading under this section
3. The undertaking does not use the vehicle during the period of 56 days starting on the day after the last downloading under this section On the first day of the undertaking’s use of the vehicle after the last downloading under this section
4
The undertaking must ensure that all relevant data is downloaded from the unit —
a
immediately before transferring control of the use of the vehicle to another person;
b
without delay upon permanently removing the unit from service in the vehicle;
c
without delay upon becoming aware that the unit is malfunctioning;
d
without delay in any circumstances such that the imminent erasure of the data by the unit, in the normal course of its operations, is reasonably foreseeable.
5
But subsection (4)(c) does not apply if because of the malfunctioning of the unit it is impossible to download the data.
6
For the purposes of this section “relevant data” means any data recorded by the vehicle unit in a vehicle, other than detailed speed data.
7
For the purposes of this section and section 97E an undertaking controls the use of a vehicle during any period in which it may determine when, by whom and for what purpose the vehicle may be driven.
8
In this section and sections 97E to 97G, “downloaded” is to be construed in accordance with the definition of “downloading” in Annex 1B to the Community Recording Equipment Regulation.
Driver cards: downloading data
97E
1
This section applies where a transport undertaking is required by article 10 of the Community Drivers’ Hours Regulation to ensure that data is downloaded from a driver card issued to a driver.
2
The undertaking must ensure that all data is downloaded from the card not later than the end of the download period.
3
The download period begins and ends as set out in the following table —
Case Download period begins Download period ends
1. The undertaking has not previously downloaded data from the card under this section
On the first day after the commencement of this section on which —
the driver drives for the undertaking, and
the undertaking is required by article 10 to ensure that data is downloaded from the card
On the earlier of —
the expiry of the period of 28 days starting on the first day of the download period;
any downloading of the data before the expiry of that period
2. The undertaking has previously downloaded data from the card under this section
On the first day on which the driver drives for the undertaking after the last downloading under this section
4
The undertaking must ensure that the data is downloaded from the card —
a
immediately before the driver ceases to be employed by the undertaking as a driver, or otherwise to carry out work for the undertaking as a driver;
b
without delay upon becoming aware that the card has been damaged or is malfunctioning;
c
without delay in any circumstances such that the imminent erasure of the data, in the normal course of use of the card, is reasonably foreseeable;
d
if it is not possible to do so other than by means of a vehicle unit installed in a vehicle, immediately before ceasing to control the use of that vehicle.
5
But subsection (4)(b) does not apply if because of the damage to the card or its malfunctioning it is impossible to download the data.
Downloading data: requirement imposed by an officer
97F
1
This section applies where —
a
an officer has reason to believe that an offence under this Part of this Act or under the Traffic Acts has been committed in respect of the use of a vehicle, and
b
article 10(5) of the Community Drivers’ Hours Regulation applies to a transport undertaking in respect of the vehicle unit in the vehicle or a driver card issued to a person who has driven the vehicle.
2
The officer may, on production if so required of his authority, require the undertaking without delay —
a
to download data from the vehicle unit or driver card;
b
to permit him to inspect or copy the downloaded data.
3
In this section —
a
“download” is to be construed in accordance with the definition of “downloading” in Annex 1B to the Community Recording Equipment Regulation;
b
“the Traffic Acts” has the meaning given in section 192(1) of the Road Traffic Act 1988 .
Downloading and retaining data: offences
97G
1
A transport undertaking commits an offence if, without reasonable excuse, it fails to comply with section 97D or 97E, or with a requirement imposed under section 97F.
2
A transport undertaking commits an offence if, without reasonable excuse, it fails to comply with any requirement imposed by article 10 of the Community Drivers’ Hours Regulation in respect of the retention of data downloaded in accordance with section 97D to 97F.
3
An offence under this section is punishable on summary conviction with a fine not exceeding level 5 on the standard scale.
Access to downloaded data
97H
1
An officer may, on production if so required of his authority, require a person to make readily accessible to him, either on or from premises occupied or controlled by the person in question, that person’s retained data.
2
Any person who without reasonable excuse fails to comply with a requirement under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
For the purposes of subsection (1), data is a person’s “retained data” if he is required by article 10 of the Community Drivers’ Hours Regulation to retain it for at least 12 months following its recording.
Amendment of the 1968 Act: enforcement
3
After section 102A of the 1968 Act insert —
Partnerships and other unincorporated associations
102B
1
Proceedings for an offence under this Part of this Act alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).
2
Proceedings for an offence under this Part of this Act alleged to have been committed by an unincorporated association (other than a partnership) must be brought in the name of the association (and not in that of any of its members).
3
Rules of court relating to the service of documents have effect as if the partnership or association were a body corporate.
4
In proceedings for an offence under this Part of this Act brought against a partnership or an unincorporated association, the following provisions apply as they do in relation to a body corporate —
a
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 ;
b
section 70 of the Criminal Procedure (Scotland) Act 1995
5
A fine imposed on a partnership on its conviction for an offence under this Part of this Act must be paid out of the partnership assets.
6
A fine imposed on an unincorporated association on its conviction for an offence under this Part of this Act must be paid out of the funds of the association.
7
Subsections (1) and (2) do not affect any liability of a partner, officer or member under section 102C.
Offences by bodies corporate etc
102C
1
If an offence under this Part of this Act committed by a body corporate is proved —
a
to have been committed with the consent or connivance of an officer of the body, or
b
to be attributable to any neglect on the part of an officer of the body,
he, as well as the body corporate, is guilty of the offence.
2
In subsection (1) a reference to an officer of a body includes a reference to —
a
a director, manager or secretary;
b
a person purporting to act as an officer of the body.
3
If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.
4
If an offence under this Part of this Act committed by a partnership is proved —
a
to have been committed with the consent or connivance of a partner, or
b
to be attributable to any neglect on the part of a partner,
he, as well as the partnership, is guilty of the offence.
5
In subsection (4) a reference to a partner includes a reference to a person purporting to act as a partner.
6
If an offence under this Part of this Act committed by an unincorporated association (other than a partnership) is proved —
a
to have been committed with the consent or connivance of an officer of the association, or
b
to be attributable to any neglect on the part of an officer of the association,
he, as well as the association, is guilty of the offence.
7
In subsection (6) a reference to an officer of an association includes a reference to —
a
a member of its governing body;
b
a person purporting to act in the capacity of an officer of the association.
Amendment of the 1968 Act: miscellaneous
4
In the 1968 Act —
a
in section 96 , after subsection (11C), insert —
11D
If a driver who is subject to the orders of more than one transport undertaking fails, without reasonable excuse, to provide each of them with sufficient information to enable them to avoid a contravention of Chapter 2 of the Community Drivers’ Hours Regulation, he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
;
b
in section 97(6) (installation and use of recording equipment), for “sections 97A and 97B” substitute “sections 97B to 97G”;
c
omit section 97A ;
d
In section 103(1) , after the definition of “relevant Community provision”, insert —
“transport undertaking” has the meaning given in the Community Drivers’ Hours Regulation;
.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State,
Department for Transport
29th January 2008


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the European Qualifications (Health and Social Care Professions) (Amendment) Regulations 2008 and come into force on 31st March 2008.
Amendment of the commencement arrangements in the European Qualifications (Health and Social Care Professions) Regulations 2007
2
In regulation 1 of the European Qualifications (Health and Social Care Professions) Regulations 2007 (citation, commencement and extent), in paragraph (3), for “on 1st April 2008” substitute “on the coming into force of article 21 of the Pharmacists and Pharmacy Technicians Order 2007 (the Register of Pharmacy Technicians)”.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
20th February 2008


text:
Citation
1
This Order may be cited as the International Tax Enforcement (Bermuda) Order 2008.
Tax information exchange arrangements to have effect
2
1
It is declared that —
a
the arrangements specified in the Exchange of Letters set out in Part 1 of the Schedule to this Order and in the Arrangement set out in Part 2 of that Schedule have been made with the Government of Bermuda with a view to the exchange of information foreseeably relevant to the administration or enforcement or recovery of the taxes, and debts relating to the taxes, covered by the arrangements; and
b
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Title, Commencement and Interpretation
1
1
The title of this Order is the Carmarthenshire National Health Service Trust (Transfer of Staff, Property, Rights and Liabilities) Order 2008 and it comes into force on 1 April 2008.
2
In this Order unless the context otherwise requires:
“new trust” (“ ymddiriedolaeth newydd ”) (means the Hywel Dda National Health Service Trust established on 12 March 2008.
“old trust” (“ hen ymddiriedolaeth ”) means Carmarthenshire National Health Service Trust established on 4 January 1999;
“transfer date” (“ dyddiad trosglwyddo ”) means the 1 April 2008.
Transfer of employees to the transferee
2
1
Subject to paragraph (3), any person who immediately before the transfer date, was employed by the old trust shall have his or her contract of employment transferred to the new trust on the transfer date and that contract will have effect as if originally made between the person so employed and the new trust.
2
Without prejudice to paragraph (1) above —
a
all the rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies will, by virtue of this article, be transferred to the new trust on the transfer date;
b
anything done before that date by, or in relation to, the old trust in respect of that contract or that employee, will be deemed from the transfer date to have been done by, or in relation to, the new trust.
3
Paragraphs (1) and (2) are without prejudice to any right of any employee to terminate his or her contract of employment if a substantial change is made to his or her detriment in his or her working conditions, but no such right arises by reason only of the change in employer effected by this article.
Transfer of property, rights and liabilities
3
On the transfer date all the property, rights and liabilities of the old trust, not referred to in article 2 above, are transferred to the new trust, including without limitation —
a
the duty to prepare the outstanding accounts of the old trust and to perform all statutory duties relating to those accounts;
b
the trust property of the old trust listed in Schedule 1;
c
the charities of the old trust listed in Schedule 2.
Transfer of functions of the old trust to the new trust
4
With effect from the transfer date, all the functions of the old trust are transferred to the new trust.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
28 March 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Kent Hospitals National Health Service Trust (Change of Name) (Establishment) Amendment Order 2008 and shall come into force on 1 st August 2008.
2
In this Order —
“the Establishment Order ” means the East Kent Hospitals National Health Service Trust (Establishment) Order 1999 ;
“the trust” means the National Health Service trust established by the Establishment Order.
Amendment of article 1 of the Establishment Order
2
In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph 2, for the definition of “ the Act ”, substitute —
“the Act” means the National Health Service Act 2006;
.
Change of name of trust and transitional provision
3
1
The trust shall be called the East Kent Hospitals University National Health Service Trust instead of the East Kent Hospitals National Health Service Trust.
2
Accordingly in article 1(2) of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order, after “East Kent Hospitals” insert “University”.
3
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Amendment of nature and functions of the trust
4
In article 3 of the Establishment Order (nature and functions of the trust) —
a
in paragraph (1), for “5(1)(b) of the Act”, substitute “25(1) of the Act”; and
b
for paragraph (2), substitute —
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.
.
Amendment of the directors of the trust
5
For article 4 of the Establishment Order (directors of the trust) substitute —
4
1
The trust shall have, in addition to the chairman, 7 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 5(1)(d) of Schedule 4 to the Act, one of the non-executive directors shall be appointed from King’s College (University of London).
.
Signed by authority of the Secretary of State for Health
Dawn Primarolo
Minister of State
Department of Health
10th July 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Welfare Reform Act 2007 (Commencement No. 9) Order 2008.
2
In this Order any reference to a numbered section or Schedule is a reference to a section of, or Schedule to, the Welfare Reform Act 2007.
Appointed days
2
11th December 2008 is the day appointed for the coming into force of —
a
section 29 so far as relating to paragraph 10 (post-commencement up-rating of incapacity benefit and severe disablement allowance) of Schedule 4 (transition relating to Part 1); and
b
paragraph 10 of Schedule 4.
Signed by authority of the Secretary of State for Work and Pensions.
Tony McNulty
Minister of State,
Department for Work and Pensions
10th December 2008


text:
PART 1 GENERAL
Citation and commencement
1
1
These Regulations may be cited as the Local Government (Structural Changes) (Finance) Regulations 2008.
2
These Regulations shall come into force on 24th December 2008.
Interpretation
2
In these Regulations —
“the 1988 Act ” means the Local Government Finance Act 1988 ;
“the 1992 Act ” means the Local Government Finance Act 1992 ;
“the 2007 Act ” means the Local Government and Public Involvement in Health Act 2007;
“financial year” means any period of twelve months beginning with 1st April;
“first transitional period”, in relation to a preparing council, means the period defined as such in the order which confers functions on the authority;
“first year” means the financial year beginning on the reorganisation date;
“ Implementation Executive ” means a committee of a preparing council’s executive established in pursuance of an order;
“order” means an order under section 7 of the 2007 Act;
“preceding year” means the financial year preceding the first year;
“preparing council” means a local authority which, in accordance with an order, becomes a single-tier council on the reorganisation date;
“relevant authority”, in relation to a reorganised area, means the preparing council or the shadow council (as the case may be);
“relevant period”, in relation to a reorganised area, means the period which —
begins at the start of the transitional period or the shadow period (as the case may be), and
ends immediately before the reorganisation date;
“reorganisation date”, in relation to an order, means the date specified in the order as that on which a structural change comes into effect;
“reorganised area” means any area which, in accordance with an order, becomes a single-tier area on the reorganisation date ;
“second transitional period”, in relation to a preparing council, means the period defined as such in the order which confers functions on the authority;
“second year” means the financial year following the first year, “third year” means the financial year following the second year, and so on;
“shadow council” means an authority (not being a local authority) which in accordance with an order becomes a local authority on the reorganisation date;
“shadow executive”, in relation to a shadow council, means the executive created by the council in accordance with an order;
“shadow period”, in relation to a shadow council, means the period defined as such in the order which confers functions on the authority;
“single-tier council” means a local authority which on and after the reorganisation date is the sole principal authority for an area;
“transitional period” in relation to a preparing council, means the period defined as such in the order which confers functions on the authority; and
“valuation list” means a list complied and maintained for a billing authority under Chapter 2 of Part 1 of the 1992 Act.
PART 2 RESPONSIBILITY FOR FUNCTIONS
Responsibility for functions exercised by a shadow council
3
1
Any function under the 1988 Act which is exercised by a shadow council by virtue of these Regulations shall be the responsibility of the shadow executive.
2
Subject to paragraph (3), any function exercised by a shadow council under Part 4 of these Regulations shall be the responsibility of the authority.
3
In connection with the exercise of the function of making a calculation (whether originally or by way of substitute) in accordance with —
a
any of sections 32 to 37, 52I and 52T of the 1992 Act,
b
any of those sections as modified by these Regulations, or
c
Part 4 of these Regulations,
the actions specified in paragraph (4) shall be the responsibility of the shadow executive.
4
The actions are —
a
the preparation, for submission to the authority for their consideration, of —
i
estimates of any amounts aggregated in making the calculation (whether originally or by way of substitution),
ii
estimates of other amounts to be used for the purposes of the calculation, and
iii
estimates of the calculation;
b
the reconsideration of those estimates in accordance with the authority’s requirements; and
c
the submission for the authority’s consideration of revised estimates.
Responsibility for functions exercised by a preparing council
4
1
Any function under the 1988 Act which is exercised by a preparing council by virtue of these Regulations shall be the responsibility of the relevant executive.
2
Subject to paragraph (3), any function exercised by a preparing council under Part 4 of these Regulations shall be the responsibility of the authority.
3
Notwithstanding any contrary provision in the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 , in connection with the exercise of the function of making a calculation (whether originally or by way of substitute) in accordance with —
a
any of sections 32 to 37, 52I and 52T of the 1992 Act,
b
any of those sections as modified by these Regulations, or
c
Part 4 these Regulations,
the actions specified in paragraph (4) shall be the responsibility of the relevant executive.
4
The actions are —
a
the preparation, for submission to the authority for their consideration, of —
i
estimates of any amounts aggregated in making the calculation (whether originally or by way of substitution),
ii
estimates of other amounts to be used for the purposes of the calculation, and
iii
estimates of the calculation;
b
the reconsideration of those estimates in accordance with the authority’s requirements; and
c
the submission for the authority’s consideration of revised estimates.
5
In this regulation “relevant executive” means —
a
the Implementation Executive; or
b
where an order specifies a first and a second transitional period in relation to a preparing council —
i
the Implementation Executive during the first transitional period, and
ii
the executive of the preparing council during the second transitional period.
Procedure for exercise by preparing councils of certain functions relating to council tax
5
Schedule 1 (which specifies a procedure for the exercise of certain functions relating to council tax where regulation 4(3) applies) has effect.
PART 3 EXERCISE OF FUNCTIONS UNDER THE LOCAL GOVERNMENT FINANCE ACTS 1988 AND 1992
Interpretation
6
In this Part —
“local rating list” means a list compiled and maintained for a billing authority under Part 3 of the 1988 Act;
“relevant list” means —
a local rating list, or
a valuation list; and
“relevant officer”, in relation to a billing authority, means —
in relation to a local rating list, the valuation officer appointed for the authority under section 61(1)(a) of the 1988 Act ; and
in relation to a valuation list, the listing officer appointed for the authority under section 20(1) of the 1992 Act.
Certain county councils to be billing authorities
7
1
Paragraph (2) applies where the functions of district councils in relation to any area are transferred to a council for a county consisting of that area otherwise than by way of an order under Chapter 1 of Part 1 of the 2007 Act.
2
The county council —
a
shall, for any financial year beginning at the same time as or after that transfer, be a billing authority for the purposes of Part 1 of the 1992 Act in relation to the area;
b
shall not, for any such year, be a major precepting authority for those purposes.
Exercise of functions
8
In relation to a reorganised area —
a
during the relevant period —
i
Part 3 (non-domestic rating) of the 1988 Act, and
ii
Part 1 (council tax: England and Wales) of the 1992 Act,
shall apply in relation to the first year as if the relevant authority were the billing authority for the reorganised area; and
b
on and after the reorganisation date those Parts shall apply in relation to any financial year before the first year as if the single-tier council were the billing authority for that area.
Continuity of functions
9
In relation to a reorganised area, anything done before the reorganisation date —
a
under Part 3 of the 1988 Act, or
b
under Part 1 of the 1992 Act,
by or in relation to a billing authority shall on and after that date be treated as if it had been done by or in relation to the single-tier council.
Relevant lists
10
1
Subject to regulation 11, on and after the reorganisation date the appropriate lists taken as a whole shall constitute (as the case may be) —
a
the single-tier council’s local rating list, or
b
the single-tier council’s valuation list.
2
For the purposes of paragraph (1), an appropriate list —
a
in relation to the single-tier council’s local rating list, is a local rating list insofar as the list shows hereditaments situated in the reorganised area; and
b
in relation to the single-tier council’s valuation list, is a valuation list insofar as the list shows dwellings situated in the reorganised area.
Amalgamation of relevant lists
11
1
At any time after the reorganisation date a single-tier council’s relevant officer may amalgamate a relevant list into a single document.
2
An amalgamated list must include the information which immediately before the amalgamation is in the relevant list, but only insofar as that information is still relevant to the reorganised area.
3
As soon as it is compiled an amalgamated list shall be (as the case may be) —
a
the single-tier council’s local rating list, or
b
the single tier council’s valuation list.
4
As soon as reasonably practicable after compiling an amalgamated list, the relevant officer must send a copy of the list to the council.
5
As soon as reasonably practicable after receiving the amalgamated list, the council must —
a
deposit the list at its principal office, and
b
take such steps as it thinks most suitable for giving notice of it.
PART 4 EQUALISATION OF COUNCIL TAX
CHAPTER 1
INTERPRETATION
Interpretation
12
1
In this Part —
“appropriate authority”, in relation to a reorganised area, means —
the relevant authority during the relevant period, or
the single-tier council on and after the reorganisation date;
“basic amount of council tax”, in relation to a part of an appropriate authority’s area and a financial year, means the amount of that authority’s council tax which will be payable for that year in respect of a dwelling which —
is situated in that part, and
is listed in valuation band D;
“the Council Tax Base Regulations ” means the Local Authorities (Calculation of Council Tax Base) Regulations 1992 ;
“dwelling” has the same meaning as in section 3 (meaning of “dwelling”) of the 1992 Act;
“preceding year council tax”, in relation to a predecessor area, means the amount calculated under section 33(1) (basic amount of council tax) of the 1992 Act for the area for the preceding year ;
“predecessor area”, in relation to a reorganised area, means any district which is abolished by or in consequence of an order;
“principal area”, in relation to a reorganised area, means —
in relation to the first year, the predecessor area which had the highest preceding year council tax,
in relation to any financial year after the first year —
the area referred to in paragraph (a), and
any other predecessor area for which the appropriate authority’s basic amount of council tax for an earlier financial year was calculated —
under regulation 20(2)(a),
under regulation 21 in such a way that the basic amount of council tax for the area is more than the higher amount by an amount equal to the aggregate of the special items that relate to the area, or
under regulation 22 in such a way that the amount calculated by applying the formula in paragraph (6) of that regulation is equal to the higher amount;
“special item” means an item mentioned in section 35(1) (special items for the purpose of section 34) of the 1992 Act; and
“uniform amount of council tax”, in relation to a reorganised area and a financial year, means the amount calculated for the area and the year under section 33(1) of the 1992 Act as modified by paragraph 2 of Schedule 2 to these Regulations.
2
The reference in the definition of “basic amount of council tax” in paragraph (1) to a dwelling listed in valuation band D is a reference to a dwelling to which that valuation band is shown as applicable in the appropriate authority’s valuation list.
3
Any calculation of a council tax base by an appropriate authority under this Part for any part of its area must be made in accordance with the Council Tax Base Regulations as modified by paragraphs 11 to 13 of Schedule 2 to these Regulations.
Definition of “higher amount”
13
1
In this Part, “higher amount”, in relation to a reorganised area and a financial year, means —
a
if no special items relate to any part of the principal area, the basic amount of council tax calculated for the principal area and the year under regulation 17;
b
if one or more special items relate to the whole of the principal area, the basic amount of council tax calculated for the principal area and the year under regulation 17 less the aggregate of those special items;
c
if one or more special items relate to a part only of the principal area, the amount calculated for the year by applying the formula in paragraph (2).
2
The formula is —
(
A − B
)
C
where —
A is the aggregate of the amounts calculated by applying the formula in paragraph (3);
B is the aggregate of the special items which relate to the principal area; and
C is the amount calculated by the authority as its council tax base for the principal area.
3
The formula is —
D × E
where —
D is the basic amount of council tax calculated by the authority under regulation 18 for each part of the principal area; and
E is the amount calculated by the authority as its council tax base for that part.
Definition of “lower amount”
14
1
In this Part, “lower amount”, in relation to a predecessor area other than the principal area or a part of that area and a financial year (“the relevant year”), means the amount calculated by applying the formula —
H A − F
where —
HA is the higher amount for the relevant year and the reorganised area of which the predecessor area is a part, and
F is the amount calculated by applying the formula in paragraph (2).
2
The formula is —
G − H
where —
G is —
if the relevant year is the first year, the preceding year council tax for the principal area,
if the relevant year is any financial year after the first year, the higher amount for the financial year preceding the relevant year; and
H is —
if the relevant year is the first year, the preceding year council tax for the predecessor area,
if the relevant year is any financial year after the first year, the relevant amount for the predecessor area or the part of that area for the financial year preceding the relevant year.
3
In the definition of item H in paragraph (2), “relevant amount” means —
a
if no special items relate to any part of the predecessor area, the basic amount of council tax calculated under regulation 20,
b
if one or more special items relate to the whole of the predecessor area, the basic amount of council tax calculated under regulation 21 less the aggregate of those special items,
c
if one or more special items relate to a part only of the predecessor area —
i
for any part of the predecessor area to which no special items relate, the basic amount of council tax calculated under regulation 22(2)(a), or
ii
for any part of that area to which one or more special items relate, the basic amount of council tax calculated under regulation 22(2)(b) less the aggregate of those special items.
CHAPTER 2
EQUALISATION OF COUNCIL TAX: GENERAL
Different basic amounts of council tax for the predecessor areas
15
1
In order to equalise more equitably the amounts of council tax payable in respect of dwellings situated in the predecessor areas of a reorganised area —
a
the relevant authority may determine that it will calculate basic amounts of council tax for the predecessor areas in accordance with regulations 16 to 22 for the first year; and
b
the single-tier council may determine that it will calculate basic amounts of council tax for the principal area and any predecessor areas other than the principal area in accordance with regulations 16 to 22 for any of the following financial years —
i
the second year,
ii
the third year,
iii
the fourth year,
iv
the fifth year.
2
But —
a
a determination may not be made under paragraph (1) for a financial year if the appropriate authority has already made calculations under sections 32 to 36 of the 1992 Act for that year, and
b
a determination may only be made under paragraph (1)(b) if a determination was made by an appropriate authority under paragraph (1) for the financial year preceding that year.
3
Any determination under paragraph (1) for a year must be made before 11th March in the financial year preceding that year, but a determination is not invalid merely because it is made after that date.
4
Regulations 16 to 22 shall apply in relation to a financial year if an appropriate authority has made a determination under paragraph (1) for that year.
5
Where regulations 16 to 22 apply as mentioned in paragraph (4), the enactments referred to in paragraph (6) shall have effect in relation to a reorganised area with the modifications specified in Schedule 2 to these Regulations.
6
The enactments are —
a
the 1992 Act,
b
the Council Tax Base Regulations, and
c
the Local Authorities (Calculation of Council Tax Base) (Supply of Information) Regulations 1992 .
Limitation on council tax requirement
16
1
In relation to a financial year referred to in regulation 15(4), the aggregate of the amounts calculated by applying the formula in paragraph (2) must not be greater than the amount calculated by applying the formula —
I × T
where —
I is the uniform amount of council tax; and
T is item T in section 33(1) of the 1992 Act as modified by paragraph 2 of Schedule 2 to these Regulations.
2
The formula first referred to paragraph (1) is —
J × K
where —
J is the basic amount of council tax calculated by the appropriate authority under this Part for each part of its area; and
K is the amount calculated by the authority as its council tax base for that part.
CHAPTER 3
CALCULATION OF BASIC AMOUNT OF COUNCIL TAX: PRINCIPAL AREA
Calculation of basic amount of council tax for principal area: no special items or special items relating to the whole of the principal area
17
1
This regulation applies in relation to the principal area if —
a
no special items relate to any part of the area, or
b
one or more special items relate to the whole of the area.
2
The basic amount of council tax for the area must be more than the uniform amount of council tax.
Calculation of basic amount of council tax for principal area: special items relating to part only of the principal area
18
1
This regulation applies in relation to the principal area if one or more special items relate to a part only of that area.
2
The appropriate authority must calculate different basic amounts of council tax —
a
for any part of the principal area to which no special items relate, and
b
for any part of that area to which one or more special items relate.
3
The amount calculated under paragraph (2) for each part of the principal area must be more than the uniform amount of council tax.
CHAPTER 4
CALCULATION OF BASIC AMOUNT OF COUNCIL TAX: PREDECESSOR AREAS OTHER THAN THE PRINCIPAL AREA
Calculation of basic amounts of council tax: calculation for predecessor area other than principal area
19
1
The appropriate authority’s basic amount of council tax for a predecessor area other than the principal area must be calculated in accordance with —
a
regulation 20,
b
regulation 21, or
c
regulation 22.
2
For at least one of the predecessor areas the appropriate authority must calculate its basic amount of council tax —
a
under regulation 20(2)(b);
b
under regulation 21 in such a way that the basic amount of council tax for the area is not more than the higher amount by an amount equal to the aggregate of the special items that relate to the area; or
c
under regulation 22 in such a way that the amount calculated by applying the formula in paragraph (6) of that regulation is less than the higher amount.
Calculation for predecessor area other than principal area: no special items relating to the area
20
1
This regulation applies in relation to a predecessor area other than the principal area if no special items relate to any part of that area.
2
The basic amount of council tax for the area must be —
a
equal to the higher amount; or
b
i
less than the higher amount, and
ii
more than the lower amount for the area.
Calculation for predecessor area other than principal area: special items relating to the whole of the area
21
1
This regulation applies in relation to a predecessor area other than the principal area if one or more special items relate to the whole of that area.
2
The basic amount of council tax for the area —
a
must be more than the amount calculated by applying the formula in paragraph (3); and
b
may be more than the higher amount, but only by an amount that is less than or equal to the aggregate of the special items that relate to the area.
3
The formula is —
L A + M
where —
LA is the lower amount for the predecessor area; and
M is the aggregate of the special items that relate to that area.
Calculation for predecessor area other than principal area: special items relating to part only of the area
22
1
This regulation applies in relation to a predecessor area other than the principal area if one or more special items relate to a part only of that area.
2
The authority must calculate different basic amounts of council tax —
a
for any part of the predecessor area to which no special items relate, and
b
for any part of the area to which one or more special items relate.
3
The amount calculated under paragraph (2)(a) for a part of the predecessor area must be more than the lower amount for that part.
4
The amount calculated under paragraph (2)(b) for a part of the predecessor area must be more than the amount calculated by applying the formula —
L A + N
where —
LA is the lower amount for the part; and
N is the aggregate of the special items that relate to that part.
5
The amount calculated by applying the formula in paragraph (6) must be less than or equal to the higher amount.
6
The formula is —
(
P − Q
)
R
where —
P is the aggregate of the amounts calculated by applying the formula in paragraph (7);
Q is the aggregate of the special items which relate to the predecessor area; and
R is the amount calculated by the authority as its council tax base for the predecessor area.
7
The formula is —
S × U
where —
S is the basic amount of council tax calculated by the authority under paragraph (2) for each part of the predecessor area; and
U is the amount calculated by the authority as its council tax base for that part.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
20th November 2008