text:
Citation and commencement
1
These rules may be cited as the Commonhold (Land Registration) (Amendment) Rules 2008 and shall come into force on 10th November 2008.
Interpretation
2
In these rules “the principal rules” means the Commonhold (Land Registration) Rules 2004 and a reference to a rule by number (other than the reference to rule 8 at the head of the Schedule) is a reference to the rule so numbered in the principal rules.
Amendment to rule 5
3
In rule 5(3), for “statutory declaration” substitute “statement of truth”.
Amendments to rule 6
4
1
In the heading to rule 6 and in paragraphs (1) and (6) of that rule, for the words “statutory declaration”, wherever they appear, substitute “statement of truth”.
2
In paragraphs (2) to (5) of rule 6, for the word “declaration”, wherever it appears, substitute “statement”.
Amendment to rule 14
5
In rule 14(3)(a), for “statutory declaration” substitute “statement of truth”.
Amendment to rule 20
6
In rule 20(4), for “statutory declaration” substitute “statement of truth”.
Amendment to rule 25
7
In rule 25, for “panel 9” substitute “panel 7”.
Amendments to Schedule 1 to the principal rules
8
In Schedule 1 to the principal rules―
a
for Form CM1 substitute Form CM1 in the Schedule to these rules,
b
for Form CM2 substitute Form CM2 in the Schedule to these rules, and
c
for Form CM4 substitute Form CM4 in the Schedule to these rules.
Signed by authority of the Lord Chancellor
Michael Wills
Minister of State
Ministry of Justice
17th July 2008


type: legislation

jurisdiction: UK

text:
PART 1 INTRODUCTION
Citation, commencement and effect
1
1
This Order may be cited as the Social Security Benefits Up-rating Order 2008.
2
Subject to paragraph (3), this Order shall come into force for the purposes of —
a
this article and articles 2, 6, 21, 22 and 27, on 1st April 2008;
b
article 8, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 1st April 2008, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations ;
c
article 3 —
i
in so far as it relates to any increase to which article 6(10)(b) applies, on 1st April 2008; and
ii
for all other purposes, on 7th April 2008;
d
articles 4, 5, 7, 12 and 13, on 7th April 2008;
e
article 9, on 6th April 2008;
f
article 10, on 6th April 2008, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(1) of the Contributions and Benefits Act , for which purpose it shall come into force on 7th April 2008;
g
article 11, on 6th April 2008;
h
articles 14 and 15, on 10th April 2008;
i
articles 16 to 18, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary, on or after 7th April 2008, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Income Support Regulations ;
j
articles 19 and 20, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 7th April 2008, and in relation to any other case, on 1st April 2008;
k
articles 23 to 25, in so far as they relate to a particular beneficiary —
i
for the purposes of article 23(c), in so far as it relates to an increase to which article 6(10)(b) applies, on 1st April 2008; and
ii
for all other purposes, on the first day of the first benefit week to commence for that beneficiary, on or after 7th April 2008, and for the purposes of this head “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations ; and
l
article 26, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary, on or after 7th April 2008, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the State Pension Credit Regulations .
3
The increases made —
a
in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act ; and
b
by article 23(c) in so far as it is relevant for the purposes referred to in article 6(10),
shall take effect for each case on the date specified in relation to that case in article 6.
Interpretation
2
In this Order —
“the Administration Act ” means the Social Security Administration Act 1992;
“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 1996 ;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit Regulations 2006 ;
“the Council Tax Benefit (SPC) Regulations ” means the Council Tax Benefit (Persons who have attained the qualifying age for State Pension Credit) Regulations 2006 ;
“the Housing Benefit Regulations ” means the Housing Benefit Regulations 2006 ;
“the Housing Benefit (SPC) Regulations ” means the Housing Benefit (Persons who have attained the qualifying age for State Pension Credit) Regulations 2006 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ;
“the Pension Schemes Act” means the Pension Schemes Act 1993 ; and
“the State Pension Credit Regulations” means the State Pension Credit Regulations 2002 .
PART 2 SOCIAL SECURITY BENEFITS AND PENSIONS
Increase in rates or amounts of certain benefits under the Contributions and Benefits Act
3
1
The sums specified in paragraph (2) shall be increased from and including the respective dates specified in article 6 so that Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit), except paragraph 5 of Part III of that Schedule (guardian’s allowance), has effect as set out in Schedule 1 to this Order.
2
The sums mentioned in paragraph (1) are the sums specified in Parts I, III , IV and V of Schedule 4 to the Contributions and Benefits Act except, in —
a
Part III, the sums specified for age addition to a pension of any category and otherwise under section 79 of that Act;
b
Part IV, the sums specified in column (2) (increase for qualifying child); and
c
Part V, the sums specified for the increase in disablement pension for dependant children, widow’s pension (initial rate) and death benefit allowance in respect of children and qualifying young persons ,
which remain the same.
Increase in rates or amounts of certain pensions and allowances under the Contributions and Benefits Act
4
1
The sums specified in paragraphs (2) to (5) shall be increased from and including the respective dates specified in article 6.
2
The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary’s retirement allowance) shall be increased by 3.9 per cent.
3
In section 44(4) of the Contributions and Benefits Act (basic pension in a Category A retirement pension) —
a
for “£78.05” substitute “£81.10”; and
b
for “£87.30” substitute “£90.70”.
4
It is directed that the sums which are —
a
additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 2007-2008;
b
increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred);
c
lump sums to which surviving spouses or civil partners will become entitled under paragraph 7A of that Schedule on becoming entitled to a Category A or Category B retirement pension (entitlement to lump sum where pensioner’s deceased spouse or civil partner has deferred entitlement); and
d
payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975 , section 63 of the Social Security Act 1986 or section 150(1)(e) of the Administration Act,
shall in each case be increased by 3.9 per cent.
5
The sums which, under —
a
section 55A of the Contributions and Benefits Act , are shared additional pensions; and
b
paragraph 2 of Schedule 5A to the Contributions and Benefits Act , are increases in the rates of such pensions,
shall in each case be increased by 3.9 per cent.
Increase in rates or amount of certain benefits under the Pension Schemes Act
5
1
It is directed that the sums specified in paragraph (2) shall be increased from and including the respective dates specified in article 6.
2
Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) and (3) of that Act), shall be increased by —
a
3.9 per cent. where the increase under section 15(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years ; and
b
0.9 per cent. where the increase under section 15(1) is attributable to earnings factors for the tax years 1988-89 to 1996-97 inclusive.
Dates on which sums specified for rates or amounts of benefits under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order
6
1
Paragraphs (2) to (9), which are subject to the provisions of paragraph (10), specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case.
2
Subject to paragraph (3), any increases in the sums mentioned in articles 3, 4 and 12 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 7th April 2008.
3
In the case of a person over pensionable age —
a
whose entitlement to a Category A retirement pension is deferred; and
b
for whom the rate of short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Act ,
any increases in the sums mentioned in articles 3, 4 and 12 for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 10th April 2008.
4
The increases in the sums mentioned in articles 4(4)(d) and 5(2) shall take effect on 7th April 2008.
5
Any increases in the sums specified for —
a
the rate of —
i
Category C and Category D retirement pension,
ii
attendance allowance, and
iii
carer’s allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday); and
b
any increases in —
i
Category C retirement pension and carer’s allowance referred to in sub-paragraph (a)(i) and (iii), and
ii
maternity allowance, widowed mother’s allowance and widowed parent’s allowance,
in respect of dependants,
shall in all cases take effect on 7th April 2008.
6
Any increases in the sums specified for —
a
the rate of —
i
carer’s allowance in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday,
ii
disablement benefit,
iii
maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act,
iv
industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children and qualifying young persons ,
v
the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the Contributions and Benefits Act; and
b
any increases in —
i
the benefits referred to in heads (i), (iii) and (iv) of sub-paragraph (a) in respect of dependants, and
ii
disablement pension,
shall in all cases take effect on 9th April 2008.
7
In any case where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 48C(2) of the Contributions and Benefits Act by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, any increase in such sum shall take effect on 7th April 2008.
8
The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance (together with, where appropriate, any increases for dependants) shall take effect in all cases on 10th April 2008.
9
The increases in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 9th April 2008.
10
Any increases in the sums specified in articles 3 and 23(c), in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount , shall take effect —
a
except in a case where sub-paragraph (b) applies, on the first day of the first benefit week to commence for the beneficiary on or after 7th April 2008;
b
in a case where regulation 7(b) of the Computation of Earnings Regulations (date on which earnings are treated as paid) applies, on the first day of the first benefit week to commence for the beneficiary on or after 1st April 2008,
and for the purpose of this paragraph, “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations.
Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 1948
7
From and including —
a
9th April 2008, for “£48.65” referred to in paragraph 2(6)(c) of Schedule 8 to the Contributions and Benefits Act (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation);
b
10th April 2008, for that sum referred to in paragraph 6(2)(b) of that Schedule (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total),
substitute “£50.55”.
Earnings Limits
8
In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases) —
a
for “£180.00”, in both places where it occurs, substitute “£185.00”; and
b
for “£24.00” substitute “£25.00”.
Statutory Sick Pay
9
In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for “£72.55” substitute “£75.40”.
Statutory Maternity Pay
10
In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (prescribed rate of statutory maternity pay) for “£112.75” substitute “£117.18”.
Statutory Paternity Pay and Statutory Adoption Pay
11
In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002 —
a
in regulation 2(a) (weekly rate of payment of statutory paternity pay) for “£112.75” substitute “£117.18”; and
b
in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£112.75” substitute “£117.18”.
Increase in rate of graduated retirement benefit
12
1
In section 36(1) of the National Insurance Act 1965 (graduated retirement benefit) —
a
the sum of 10.57 pence shall be increased by 3.9 per cent.; and
b
from and including 7th April 2008 the reference in that provision to that sum shall have effect as a reference to 10.98 pence.
2
The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) ( No. 2) Regulations 1978 (increases for deferred retirement) shall be increased by 3.9 per cent.
3
The sums which are lump sums to which surviving spouses or civil partners will become entitled under Schedule 1 to the Social Security (Graduated Retirement Benefit) Regulations 2005 (increases of graduated retirement benefit and lump sums) shall be increased by 3.9 per cent.
4
The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 3.9 per cent.
Increase in rates of Disability Living Allowance
13
In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991 (rate of benefit) —
a
in paragraph (1)(a) for “£64.50” substitute “£67.00”;
b
in paragraph (1)(b) for “£43.15” substitute “£44.85”;
c
in paragraph (1)(c) for “£17.10” substitute “£17.75”;
d
in paragraph (2)(a) for “£45.00” substitute “£46.75”; and
e
in paragraph (2)(b) for “£17.10” substitute “£17.75”.
Increase in rates of age addition to long-term incapacity benefit
14
In regulation 10(2) of the Social Security (Incapacity Benefit) Regulations 1994 (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date) —
a
in sub-paragraph (a) for “£17.10” substitute “£17.75”; and
b
in sub-paragraph (b) for “£8.55” substitute “£8.90”.
Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases
15
In regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (rate of long-term incapacity benefit in transitional cases) —
a
in sub-paragraph (a) for “£17.10” substitute “£17.75”;
b
in sub-paragraph (b) for “£11.00” substitute “£11.40”; and
c
in sub-paragraph (c) for “£5.50” substitute “£5.70”.
PART 3 INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT
Applicable amounts for Income Support
16
1
The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in this article and Schedules 2 to 5 to this Order; and unless stated otherwise any reference in this article to a numbered Schedule is a reference to the Schedule to the Income Support Regulations bearing that number.
2
In —
a
regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii) and (d)(i); and
b
paragraphs 13A(2)(a) and 14(2)(a) of Part III of Schedule 2,
the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 2 to this Order.
4
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) for “£16.43” substitute “£16.75”; and
b
in sub-paragraph (1)(b) for “£16.43” substitute “£16.75”.
5
The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.
6
In paragraph 18 of Schedule 3 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) for “£111.00” substitute “£116.00”;
d
in sub-paragraph (2)(b) —
i
for “£111.00” substitute “£116.00”;
ii
for “£164.00” substitute “£172.00”;
iii
“£17.00” remains unchanged;
e
in sub-paragraph (2)(c) —
i
for “£164.00” substitute “£172.00”;
ii
for “£213.00” substitute “£223.00”;
iii
“£23.35” remains unchanged;
f
in sub-paragraph (2)(d) —
i
for “£213.00” substitute “£223.00”;
ii
for “£283.00” substitute “£296.00”;
iii
“£38.20” remains unchanged; and
g
in sub-paragraph (2)(e) —
i
for “£283.00” substitute “£296.00”;
ii
for “£353.00” substitute “£369.00”;
iii
“£43.50” remains unchanged.
7
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) which are not increased by this Order are the sums set out in Schedule 4 to this Order.
8
The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 5 to this Order are the sums set out in column (2) of that Schedule.
Income Support Transitional Protection
17
It is directed that the sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987 (special transitional addition) shall be increased by 2.3 per cent.
The Relevant Sum for Income Support
18
In section 126(7) of the Contributions and Benefits Act (trade disputes: the relevant sum) for “£32.00” substitute “£32.50”.
Housing Benefit
19
1
The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in this article and Schedules 6 and 7 to this Order; and unless otherwise stated, any reference in this article to a numbered Schedule is a reference to the Schedule to the Housing Benefit Regulations bearing that number.
2
In paragraph (4) the reference to regulation 74 means regulation 74 of the Housing Benefit Regulations as in force immediately before 1st April 2008 and regulation 74 as substituted by regulation 14 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 .
3
In regulation 27(3) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) “£175.00” remains unchanged; and
b
in sub-paragraph (b) “£300.00” remains unchanged.
4
In regulation 74 (non-dependant deductions) —
a
in paragraph (1)(a) “£47.75” remains unchanged;
b
in paragraph (1)(b) “£7.40” remains unchanged;
c
in paragraph (2)(a) for “£111.00” substitute “£116.00”;
d
in paragraph (2)(b) —
i
for “£111.00” substitute “£116.00”;
ii
for “£164.00” substitute “£172.00”;
iii
“£17.00” remains unchanged;
e
in paragraph (2)(c) —
i
for “£164.00” substitute “£172.00”;
ii
for “£213.00” substitute “£223.00”;
iii
“£23.35” remains unchanged;
f
in paragraph (2)(d) —
i
for “£213.00” substitute “£223.00”;
ii
for “£283.00” substitute “£296.00”;
iii
“£38.20” remains unchanged; and
g
in paragraph (2)(e) —
i
for “£283.00” substitute “£296.00”;
ii
for “£353.00” substitute “£369.00”;
iii
“£43.50” remains unchanged.
5
In paragraph 2 of Part 1 of Schedule 1 (ineligible service charges), for “£21.10”, “£21.10”, “£10.65”, “£14.05”, “£14.05”, “£7.05” and “£2.60” substitute “£21.60”, “£21.60”, “£10.90”, “£14.35”, “£14.35”, “£7.20” and “£2.65” respectively.
6
In paragraph 6 of Part 2 of Schedule 1 (payments in respect of fuel charges) —
a
in sub-paragraph (2)(a) “£15.45” remains unchanged;
b
in sub-paragraph (2)(b) and (d) “£1.80” remains unchanged; and
c
in sub-paragraph (2)(c) “£1.25” remains unchanged.
7
The sums specified in Part 1 of Schedule 3 (applicable amounts: personal allowances) shall be as set out in Schedule 6 to this Order.
8
In paragraph 3 of Part 2 of Schedule 3 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) “£22.20” remains unchanged;
b
in sub-paragraph (1)(b) for “£16.43” substitute “£16.75”; and
c
in sub-paragraph (2) “£10.50” remains unchanged.
9
The sums specified in Part 4 of Schedule 3 (applicable amounts: premiums) shall be as set out in Schedule 7 to this Order.
10
In paragraph 17(1) and (3)(c) of Schedule 4 (sums to be disregarded in the calculation of earnings) for “£15.45” substitute “£16.05”.
11
In paragraph 56 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) for “£15.45” substitute “£16.05”.
Housing Benefit for certain persons over the qualifying age for State Pension Credit
20
1
The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit (SPC) Regulations shall be the sums set out in this article and Schedules 8 and 9 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Housing Benefit (SPC) Regulations bearing that number.
2
In paragraph (4) the reference to regulation 55 means regulation 55 of the Housing Benefit (SPC) Regulations as in force immediately before 1st April 2008 and regulation 55 as substituted by regulation 14 of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 .
3
In regulation 30(3) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) “£175.00” remains unchanged; and
b
in sub-paragraph (b) “£300.00” remains unchanged.
4
In regulation 55 (non-dependant deductions) —
a
in paragraph (1)(a) “£47.75” remains unchanged;
b
in paragraph (1)(b) “£7.40” remains unchanged;
c
in paragraph (2)(a) for “£111.00” substitute “£116.00”;
d
in paragraph (2)(b) —
i
for “£111.00” substitute “£116.00”;
ii
for “£164.00” substitute “£172.00”;
iii
“£17.00” remains unchanged;
e
in paragraph (2)(c) —
i
for “£164.00” substitute “£172.00”;
ii
for “£213.00” substitute “£223.00”;
iii
“£23.35” remains unchanged;
f
in paragraph (2)(d) —
i
for “£213.00” substitute “£223.00”;
ii
for “£283.00” substitute “£296.00”;
iii
“£38.20” remains unchanged; and
g
in paragraph (2)(e) —
i
for “£283.00” substitute “£296.00”;
ii
for “£353.00” substitute “£369.00”;
iii
“£43.50” remains unchanged.
5
In paragraph 2 of Part 1 of Schedule 1 (ineligible service charges), for “£21.10”, “£21.10”, “£10.65”, “£14.05”, “£14.05”, “£7.05” and “£2.60” substitute “£21.60”, “£21.60”, “£10.90”, “£14.35”, “£14.35”, “£7.20” and “£2.65” respectively.
6
In paragraph 6 of Part 2 of Schedule 1 (payments in respect of fuel charges) —
a
in sub-paragraph (2)(a) “£15.45” remains unchanged;
b
in sub-paragraph (2)(b) and (d) “£1.80” remains unchanged; and
c
in sub-paragraph (2)(c) “£1.25” remains unchanged.
7
The sums specified in Part 1 of Schedule 3 (applicable amounts: personal allowances) shall be as set out in Schedule 8 to this Order.
8
In paragraph 3 of Part 2 of Schedule 3 (applicable amounts: family premium) —
a
in sub-paragraph (1) for “£16.43” substitute “£16.75”; and
b
in sub-paragraph (2) “£10.50” remains unchanged.
9
The sums specified in Part 4 of Schedule 3 (applicable amounts: amounts of premiums specified in Part 3) shall be as set out in Schedule 9 to this Order.
10
In paragraph 9(1) and (3)(c) of Schedule 4 (sums disregarded from claimant’s earnings) for “£15.45” substitute “£16.05”.
11
In paragraph 21 of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) for “£15.45” substitute “£16.05”.
Council Tax Benefit
21
1
The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in this article and Schedules 10 and 11 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Council Tax Benefit Regulations bearing that number.
2
In regulation 17(3) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) “£175.00” remains unchanged; and
b
in sub-paragraph (b) “£300.00” remains unchanged.
3
In regulation 58 (non-dependant deductions) —
a
in paragraph (1)(a) “£6.95” remains unchanged;
b
in paragraph (1)(b) “£2.30” remains unchanged;
c
in paragraph (2)(a) for “£164.00” substitute “£172.00”;
d
in paragraph (2)(b) —
i
for “£164.00” substitute “£172.00”;
ii
for “£283.00” substitute “£296.00”;
iii
“£4.60” remains unchanged; and
e
in paragraph (2)(c) —
i
for “£283.00” substitute “£296.00”;
ii
for “£353.00” substitute “£369.00”;
iii
“£5.80” remains unchanged.
4
The sums specified in Part 1 of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 10 to this Order.
5
In paragraph 3 of Part 2 of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) “£22.20” remains unchanged;
b
in sub-paragraph (1)(b) for “£16.43” substitute “£16.75”; and
c
in sub-paragraph (2) “£10.50” remains unchanged.
6
The sums specified in Part 4 of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 11 to this Order.
7
In the Table in paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit) —
a
in sub-paragraph (2)(b)(i) for “£162.00” substitute “£169.00”; and
b
in sub-paragraph (2)(b)(ii) for “£162.00” and “£210.00” substitute “£169.00” and “£220.00” respectively.
8
In paragraph 16(1) and (3)(c) of Schedule 3 (sums to be disregarded in the calculation of earnings) for “£15.45” substitute “£16.05”.
9
In paragraph 56 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) for “£15.45” substitute “£16.05”.
Council Tax Benefit for certain persons over the qualifying age for State Pension Credit
22
1
The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit (SPC) Regulations shall be the sums set out in this article and Schedules 12 and 13 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Council Tax Benefit (SPC) Regulations bearing that number.
2
In regulation 20(3) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) “£175.00” remains unchanged; and
b
in sub-paragraph (b) “£300.00” remains unchanged.
3
In regulation 42 (non-dependant deductions) —
a
in paragraph (1)(a) “£6.95” remains unchanged;
b
in paragraph (1)(b) “£2.30” remains unchanged;
c
in paragraph (2)(a) for “£164.00” substitute “£172.00”;
d
in paragraph (2)(b) —
i
for “£164.00” substitute “£172.00”;
ii
for “£283.00” substitute “£296.00”;
iii
“£4.60” remains unchanged; and
e
in paragraph (2)(c) —
i
for “£283.00” substitute “£296.00”;
ii
for “£353.00” substitute “£369.00”;
iii
“£5.80” remains unchanged.
4
The sums specified in Part 1 of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 12 to this Order.
5
In paragraph 3 of Part 2 of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (1) for “£16.43” substitute “£16.75”; and
b
in sub-paragraph (2) “£10.50” remains unchanged.
6
The sums specified in Part 4 of Schedule 1 (amounts of premiums specified in Part 3) shall be as set out in Schedule 13 to this Order.
7
In paragraph 9(1) and (3)(c) of Schedule 2 (sums disregarded from claimant’s earnings) for “£15.45” substitute “£16.05”.
8
In paragraph 21 of Schedule 3 (amounts to be disregarded in the calculation of income other than earnings) for “£15.45” substitute “£16.05”.
9
In the Table in paragraph 1 of Schedule 6 (amount of alternative maximum council tax benefit) —
a
in sub-paragraph (2)(b)(i) for “£162.00” substitute “£169.00”; and
b
in sub-paragraph (2)(b)(ii) for “£162.00” and “£210.00” substitute “£169.00” and “£220.00” respectively.
PART 4 JOBSEEKER’S ALLOWANCE
Increase in age-related amounts of contribution-based Jobseeker’s Allowance
23
In regulation 79(1) of the Jobseeker’s Allowance Regulations (weekly amounts of contribution-based jobseeker’s allowance) —
a
in sub-paragraph (a) for “£35.65” substitute “£47.95”;
b
in sub-paragraph (b) for “£46.85” substitute “£47.95”; and
c
in sub-paragraph (c) for “£59.15” substitute “£60.50”.
Applicable amounts for Jobseeker’s Allowance
24
1
The sums relevant to the calculation of an applicable amount as specified in the Jobseeker’s Allowance Regulations shall be the sums set out in this article and Schedules 14 to 19 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the Jobseeker’s Allowance Regulations bearing that number.
2
In —
a
regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii) and (d)(i); and
b
paragraphs 15A(2)(a) and 16(2)(a) of Part III of Schedule 1,
the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 14 to this Order.
4
In paragraph 4 of Part II of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) for “£16.43” substitute “£16.75”; and
b
in sub-paragraph (1)(b) for “£16.43” substitute “£16.75”.
5
The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 15 to this Order.
6
The sums specified in Part IVB of Schedule 1 (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 16 to this Order.
7
In paragraph 17 of Schedule 2 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) for “£111.00” substitute “£116.00”;
d
in sub-paragraph (2)(b) —
i
for “£111.00” substitute “£116.00”;
ii
for “£164.00” substitute “£172.00”;
iii
“£17.00” remains unchanged;
e
in sub-paragraph (2)(c) —
i
for “£164.00” substitute “£172.00”;
ii
for “£213.00” substitute “£223.00”;
iii
“£23.35” remains unchanged;
f
in sub-paragraph (2)(d) —
i
for “£213.00” substitute “£223.00”;
ii
for “£283.00” substitute “£296.00”;
iii
“£38.20” remains unchanged; and
g
in sub-paragraph (2)(e) —
i
for “£283.00” substitute “£296.00”;
ii
for “£353.00” substitute “£369.00”;
iii
“£43.50” remains unchanged.
8
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5 (applicable amounts in special cases) which are not increased by this Order are the sums set out in Schedule 17 to this Order.
9
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5A (applicable amounts of joint-claim couples in special cases) which are not increased by this Order are the sums set out in Schedule 18 to this Order.
10
The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 19 to this Order are the sums set out in column (2) of that Schedule.
The Prescribed Sum for Jobseeker’s Allowance
25
In regulation 172 of the Jobseeker’s Allowance Regulations (trade disputes: prescribed sum) for “£32.00” substitute “£32.50”.
PART 5 STATE PENSION CREDIT
State Pension Credit
26
1
The amounts as specified in the State Pension Credit Regulations shall be the amounts set out in this article and Schedule 20 to this Order; and unless stated otherwise, any reference in this article to a numbered Schedule is a reference to the Schedule to the State Pension Credit Regulations bearing that number.
2
In regulation 6 (amount of the guarantee credit) —
a
in paragraph (1)(a) for “£181.70” substitute “£189.35”;
b
in paragraph (1)(b) for “£119.05” substitute “£124.05”;
c
in paragraph (5)(a) for “£48.45” substitute “£50.35”;
d
in paragraph (5)(b) for “£96.90” substitute “£100.70”; and
e
in paragraph (8) for “£27.15” substitute “£27.75”.
3
In regulation 7 (savings credit) —
a
in paragraph (1) “60 per cent.”, “60 per cent.” and “40 per cent.” in sub-paragraphs (a), (b) and (c) respectively remain unchanged; and
b
in paragraph (2) for “£87.30” and “£139.60” substitute “£91.20” and “£145.80” respectively.
4
In paragraph 14 of Schedule II (persons residing with the claimant) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) for “£111.00” substitute “£116.00”;
d
in sub-paragraph (2)(b) for “£111.00” and “£164.00” substitute “£116.00” and “£172.00” respectively and “£17.00” remains unchanged;
e
in sub-paragraph (2)(c) for “£164.00” and “£213.00” substitute “£172.00” and “£223.00” respectively and “£23.35” remains unchanged;
f
in sub-paragraph (2)(d) for “£213.00” and “£283.00” substitute “£223.00” and “£296.00” respectively and “£38.20” remains unchanged; and
g
in sub-paragraph (2)(e) for “£283.00” and “£353.00” substitute “£296.00” and “£369.00” respectively and “£43.50” remains unchanged.
5
In paragraph 1 of Schedule III (polygamous marriages) —
a
in sub-paragraph (5) for “£181.70” and “£62.65” substitute “£189.35” and “£65.30” respectively; and
b
in sub-paragraph (7) for “£139.60” substitute “£145.80”.
6
The amounts specified in any provision of the State Pension Credit Regulations set out in column (1) of Schedule 20 to this Order are the amounts set out in column (2) of that Schedule.
PART 6 REVOCATION
Revocation
27
The Social Security Benefits Up-rating Order 2007 is revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
6th March 2008
We consent,
Alan Campbell
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 2008


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Disabled Facilities Grants (Maximum Amounts and Additional Purposes) (England) Order 2008 and shall come into force on 22 nd May 2008.
2
This Order applies in relation to England only.
3
In this Order “ the Act ” means the Housing Grants, Construction and Regeneration Act 1996.
Maximum amount of disabled facilities grant
2
Where a local housing authority must approve an application for disabled facilities grant by virtue of section 23(1) of the Act (grants: purposes for which grant must or may be given), the maximum amount which the authority may pay in respect of the application shall be £30,000.
Purposes for which grant may be given
3
1
Subject to the provisions of Chapter 1 of Part 1 of the Act, an application for a disabled facilities grant must be approved where the application is for the purpose specified in paragraph (2).
2
The purposes are––
a
facilitating access to and from a garden by a disabled occupant ; or
b
making access to a garden safe for a disabled occupant.
3
For the purposes of paragraph (2) “garden” means a garden belonging to, or usually enjoyed with, a dwelling , caravan or flat occupied by a disabled occupant and includes —
i
a balcony adjoining the dwelling of a disabled occupant;
ii
a yard, outhouse or other appurtenance within the boundaries of the land in which the dwelling or caravan of a disabled occupant is situated and belonging to it or usually enjoyed with it;
iii
a yard, outhouse or other appurtenance within the boundaries of the land in which is situated the building in which the dwelling or, as the case my be, flat, of a disabled occupant is situated and belonging to it or usually enjoyed with it; and
iv
the land adjacent to the mooring of a disabled occupant’s qualifying houseboat .
4
If in the opinion of the local housing authority the relevant works are more or less extensive than is necessary to achieve a purpose set out in paragraph (2), they may, with the consent of the applicant, treat the application as varied so that the relevant works are limited to or, as the case may be, include such works as seem to the authority to be necessary for that purpose.
5
In this article “applicant” means the person making the application for a grant under Chapter 1 of Part 1 of the Act.
Provisions ceasing to have effect in England
4
Articles 2 and 3 of the Disabled Facilities Grants and Home Repair Assistance (Maximum Amounts Order) 1996 shall cease to have effect in relation to England.
Signed by authority of the Secretary of State for Communities and Local Government
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
28th April 2008


text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicles (Operators’ Licences) (Fees) (Amendment) Regulations 2008 and shall come into force on 1 st August 2008.
Amendments
2
The Schedule to the Public Service Vehicles (Operators’ Licences) (Fees) Regulations 1995 (the “principal Regulations”) is amended by substituting —
a
in relation to fee number (i), “£224” for “£213”;
b
in relation to fee number (ii), “£148” for “£141”;
c
in relation to fee numbers (iii) and (iv), respectively —
i
in column 3, “£148” for “£141”; and
ii
in column 5, “£29” for “£28” in each place where it occurs;
d
in relation to fee number (v), “£113” for “£108”;
e
in relation to fee numbers (vii) and (viii), respectively “£58” for “£56”.
Transitional provisions
3
Where a decision has been made before the coming into force of these Regulations on an application for the grant of a standard or restricted licence under section 14(1) of the 1981 Act , the fee prescribed in the principal Regulations immediately before the coming into force of these Regulations applies.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
5th June 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Local Government and Public Involvement in Health Act 2007 (Commencement No.7) Order 2008.
2
In this Order —
“ the Act ” means the Local Government and Public Involvement in Health Act 2007;
“the 2006 Act ” means the National Health Service Act 2006 .
Appointed days for provisions relating to consultation about health services
2
1
26th September 2008 is the day appointed for the coming force of section 233(5) of the Act, in so far as it inserts section 242B of the 2006 Act, for the purpose of making regulations under that section of the 2006 Act.
2
3rd November 2008 is the day appointed for the coming into force of the following provisions of the Act —
a
section 233(1) to (4);
b
section 233(5) in so far as it inserts section 242B of the 2006 Act and in so far as it is not already in force for that purpose; and
c
section 234.
Signed by the authority of the Secretary of State for Health
Ben Bradshaw
Minister of State
Department of Health
11th September 2008


text:
Title, commencement and interpretation
1
1
The title of this Order is the North Wales National Health Service Trust (Establishment) Order 2008 and it comes into force on 25 June 2008.
2
In this Order unless the context otherwise requires —
“the Act” (“ y Ddeddf ”) means the National Health Service (Wales) Act 2006;
“community health services” (“ gwasanaethau iechyd cymunedol ”) means any service which the Welsh Ministers may provide under section 3(1) of or Schedule 1 to the Act;
“establishment date” (“ dyddiad sefydlu ”) means 25 June 2008;
“operational date” has the meaning assigned to it in paragraph 5(5) of Schedule 3 to the Act;
“the trust” (“ yr ymddiriedolaeth ”) means the North Wales National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established a National Health Service trust which is called the North Wales National Health Service Trust or Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Gogledd Cymru.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 18(1) of the Act.
2
The trust’s functions are to provide goods and services (including hospital accommodation and community health services) from
a
Glan Clwyd Hospital, Rhyl, Denbighshire, LL18 5UJ; and
b
Wrexham Maelor Hospital, Croesnewydd Road, Wrexham, LL13 7TD
and associated hospitals and premises.
Directors of the Trust
4
1
The trust will 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(3) of Schedule 3 to the Act, one of the non-executive directors is to be appointed from Cardiff University.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 July 2008.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust has the functions —
a
of entering into NHS contracts
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
24 June 2008


text:
Citation
1
This Order may be cited as the UK Borders Act 2007 (Commencement No. 4) Order 2008.
Commencement
2
The following provisions of the UK Borders Act 2007 shall come into force on 25 th November 2008 —
a
section 9 (biometric registration: penalty);
b
for all remaining purposes, section 10 (biometric registration: objection to penalty);
c
for all remaining purposes, section 11 (biometric registration: appeal in respect of penalty);
d
section 12 (biometric registration: enforcement of penalty); and
e
for all remaining purposes, section 13 (biometric registration: code of practice regarding penalty).
Meg Hillier
Parliamentary Under Secretary of State
Home Office
29th October 2008


text:
1
This Instrument may be cited as “The Council of the City of Wakefield (Wakefield Waterfront Hepworth Gallery Footbridge) Scheme 2008 Confirmation Instrument 2008” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Council of the City of Wakefield (Wakefield Waterfront Hepworth Gallery Footbridge) Scheme 2008 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plans) and copies of the Scheme with its accompanying plans as modified are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA, and at the offices of the Council of the City of Wakefield, Reception Desk, County Hall, Wakefield WF1 2QW.
Signed by authority of the Secretary of State for Transport
J Blackie
Regional Director, Government Office for the North East
13th November 2008


text:
Citation and commencement
1
This Order may be cited as the Immigration (Biometric Registration) (Civil Penalty Code of Practice) Order 2008 and shall come into force on the day after the day on which it is made.
Coming into force of the Code of Practice
2
The code of practice entitled “Code of practice about the sanctions for non-compliance with the biometric registration regulations”, laid before Parliament in draft on 11 th June 2008, relating to the imposition of a penalty under section 9(1) of the UK Borders Act 2007, shall come into force on the day that this Order comes into force.
Meg Hillier
Parliamentary Under Secretary of State
Home Office
24th November 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 21) Order 2008.
2
In this Order “the 2003 Act ” means the Criminal Justice Act 2003.
Commencement
2
Section 29(1) to (3), (5) and (6) (new method of instituting proceedings) and section 30 (further provision about the new method) of the 2003 Act come into force on 9th June 2008 for the purposes specified in article 3.
3
The purposes referred to in article 2 are the purposes of criminal proceedings instituted by a public prosecutor within the meaning of section 29(5)(a) of the 2003 Act (a police force or a person authorised by a police force to institute criminal proceedings), in a magistrates’ court sitting in one of the following locations:
a
Chester;
b
Crewe;
c
Macclesfield;
d
Northwich;
e
Runcorn;
f
Warrington; and
g
Widnes.
Maria Eagle
Parliamentary Under-Secretary of State
3rd June 2008
Ministry of Justice


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2008.
2
These Regulations come into force on 9th April 2008, except for —
a
regulation 4 , which comes into force on 15th June 2008; and
b
regulation 5 , which comes into force on 15th September 2008.
3
The footnotes to the Schedule to these Regulations replicate the footnotes to Schedule 2 to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005 and are included for ease of reference by the reader.
Amendments
2
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005 are amended in accordance with these Regulations.
Amendment coming into force on 9th April 2008
3
In Schedule 2 (maximum residue levels), for the entries in the column relating to the pesticide Deltamethrin, substitute the entries in the column relating to that pesticide set out in the Schedule to these Regulations.
Amendments coming into force on 15th June 2008
4
In Schedule 2 (maximum residue levels), for the entries in the columns relating to the pesticides Acetamiprid, Indoxacarb, Pendimethalin, Pymetrozine, Pyraclostrobin, Thiacloprid and Trifloxystrobin, substitute the entries in the columns relating to those pesticides set out in the Schedule to these Regulations.
Amendment coming into force on 15th September 2008
5
In Schedule 2 (maximum residue levels), for the entry in the column relating to the pesticide Imazalil, substitute the entries in the column relating that that pesticide set out in the Schedule to these Regulations.
Phil Woolas
Minister of State
Department for Environment, Food and Rural Affairs
10th March 2008
Elin Jones
Minister for Rural Affairs, one of the Welsh Ministers
3rd March 2008


text:
Citation, commencement, application and interpretation
1
These Regulations may be cited as the Education (Student Support) (Amendment) Regulations 2008 and come into force on 28th February 2008.
2
These Regulations apply in relation to England.
3
In these Regulations, “the 2007 Regulations ” means the Education (Student Support) Regulations 2007 .
Amendment of the 2007 Regulations
4
The 2007 Regulations are amended in accordance with these Regulations.
Amendment of regulation 38 of the 2007 Regulations
5
After regulation 38(8) insert —
9
Subject to paragraph (10), an eligible student does not qualify for a grant under this Part in respect of an academic year during any part of which he is a prisoner.
10
Paragraph (9) does not apply in respect of disabled students’ allowance.
.
Amendment of regulation 62 of the 2007 Regulations
6
1
In regulation 62(1) for “paragraph (3)”, substitute “paragraphs (3) and (3A)”.
2
After regulation 62(3) insert —
3A
A current system student does not qualify for a loan for living costs in respect of an academic year during any part of which he is a prisoner.
.
Amendment of regulation 63 of the 2007 Regulations
7
1
In regulation 63(1) for “paragraph (4), substitute “paragraphs (4) and (4A)”.
2
After regulation 63(4) insert —
4A
An old system student does not qualify for a loan for living costs in respect of an academic year during any part of which he is a prisoner.
.
Amendment of Part 10 of the 2007 Regulations
8
After regulation 108, insert —
CHAPTER 4A
Cessation of support payable under Part 5 or Part 6 to prisoners
108A
1
This regulation applies to students who are or have been prisoners during any part of an academic year.
2
A student who has previously qualified for support payable under Part 5 or 6 in relation to an academic year does not, from the date on which these Regulations come into force, qualify for that support in respect of that academic year and no further payments of that support are due to the student.
3
Nothing in this regulation applies to disabled students’ allowance.
.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
6th February 2008


text:
Citation and commencement
1
These Regulations may be cited as the Registered Pension Schemes (Provision of Information) (Amendment) Regulations 2008 and shall come into force on 6th April 2008.
Amendment of the Registered Pension Schemes (Provision of Information) Regulations 2006
2
The Registered Pension Schemes (Provision of Information) Regulations 2006 are amended as follows.
3
In the Table in regulation 3(1) (provision of information by scheme administrator to the Commissioners) —
a
in entry 5, for “is not now paid because the ill-health condition is no longer met” substitute “ceases to be paid for any reason other than the member’s death”;
b
in entry 8A , for paragraphs (a) and (b) in column 1 substitute —
a
circumstance A in article 25B(2) of the Taxation of Pension Schemes (Transitional Provisions) Order 2006 (“the 2006 Order ”) is met,
b
circumstance B in article 25B(3) of the 2006 Order is met; or
c
circumstance C in article 25B(4) of the 2006 Order is met and the payment is more than 7.5% of the standard lifetime allowance for the tax year in which the sum is paid.
;
c
in entry 15 —
i
for column 1 substitute —
Sums and assets —
a
meet Condition A or Condition B in paragraph 11 of Schedule 28 (member’s alternatively secured pension fund) in respect of at least one member of the scheme; or
b
meet Condition A or Condition B of paragraph 25 of Schedule 28 (dependant’s alternatively secured pension fund) in respect of at least one dependant of a member of the scheme;
for the first time during the reporting year.
, and
ii
in column 2 for the words beginning with the word “members” and ending with the word “fall” substitute “such members and dependants in respect of whom the sums and assets have met the condition concerned for the first time during the reporting year falling”;
d
omit entry 16; and
e
in entry 18 —
i
in column 1 after “under” insert “section 181A (alternatively secured pensions: minimum level of payment),”,
ii
in column 1 for “185F” substitute “section 185F” , and
iii
in column 2 for “The fact of the payment.” substitute “The fact that the scheme is to be treated as having made a scheme chargeable payment.”.
4
1
Amend regulation 4 (provision of information in respect of a pension scheme which has been wound up) as follows.
2
At the end of paragraph (2)(a) omit “or”.
3
At the end of paragraph (2)(b) add —
; or
c
an annuity contract which is treated as a registered pension scheme by virtue of section 153(8) other than an annuity contract to which paragraph (2A) applies.
.
4
After paragraph (2) insert —
2A
This paragraph applies to an annuity contract —
a
which has received a recognised transfer (within the meaning of section 169 ) subsequent to the one which led to the annuity contract becoming a registered pension scheme under section 153(8);
b
which has received —
i
relievable pension contributions as defined in section 188(2), or
ii
contributions paid by an employer,
where the total of those contributions exceeds £10;
c
where a declaration under section 270(2)(b) has been made by the scheme administrator to the Commissioners; or
d
which is an investment-regulated pension scheme which directly or indirectly holds an interest in taxable property.
Here “taxable property” has the same meaning as in Part 2 of Schedule 29A and whether an interest in taxable property is held directly or indirectly shall be determined in accordance with Part 3 of that Schedule.
.
5
In regulation 8(1) (death: provision of information by scheme administrator to personal representatives), omit the words in brackets .
6
In regulation 14 (information provided to members by scheme administrators about benefit crystallisation events) —
a
in paragraph (1), after “member of the scheme” insert “or, if the member has died, the member’s personal representatives”; and
b
in paragraph (2)(a), for “16 or 17” substitute “16, 17 or 17A”.
7
After regulation 17 (payments to insurance companies from unsecured pension funds) insert —
Transfers between insurance companies
17A
1
This regulation applies if —
a
a scheme pension payable by an insurance company (“Insurer A”) ceases to be payable and another scheme pension becomes payable by another insurance company (“Insurer B”), in the circumstances described in regulation 4 of the Registered Pension Schemes (Transfer of Sums and Assets) Regulations 2006 (scheme pension payable by insurance company) (“the Transfer Regulations”) ; or
b
a lifetime annuity payable by an insurance company (“Insurer A”) ceases to be payable and a new lifetime annuity becomes payable by another insurance company (“Insurer B”), in the circumstances described in regulation 6 of the Transfer Regulations (lifetime annuity).
In the following provisions of this regulation “a relevant transfer” means a transfer which occurs in the circumstances described in regulation 4 or 6 of the Transfer Regulations.
2
If in connection with a relevant transfer —
a
Insurer A transfers funds to Insurer B; and
b
Insurer A was required to provide a statement under regulation 16(3),
Insurer A shall provide Insurer B, within 3 months of the transfer, with a statement containing the information specified in regulation 16(3).
3
After the relevant transfer the obligation imposed by regulation 16(3) shall be that of Insurer B.
4
Where in connection with a relevant transfer Insurer A transfers funds to Insurer B, and Insurer A was required to provide a statement under regulation 17(3) or 17(6) —
a
if the statement was provided under regulation 17(3), Insurer A must provide Insurer B, within 3 months of the transfer, with a statement containing the information specified in regulation 17(3); or
b
if the statement was provided under regulation 17(6), Insurer A must provide Insurer B, within 3 months of the transfer, with a statement containing the information specified in regulation 17(7).
5
Where paragraph (4)(a) applies, after the relevant transfer the obligation imposed by regulation 17(3) shall be that of Insurer B.
But no statement is required if the percentage expended is nil.
6
Where paragraph (4)(b) applies, after the relevant transfer the obligation imposed by regulation 17(6) shall be that of Insurer B.
.
Dave Hartnett
Mike Eland
Two of the Commissioners of Her Majesty’s Revenue and Customs
12th March 2008


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008 and comes into force on the day after the day on which it is made.
2
In this Order, “the 1998 Act ” means the Scotland Act 1998.
3
This Order does not extend to Northern Ireland.
Functions shared by the Scottish Ministers and a Minister of the Crown
2
The functions which are conferred on a Minister of the Crown by the enactments specified in column 1 of the Schedule to this Order shall–
a
so far as they are exercisable by that Minister in or as regards Scotland by virtue of the reservation at Section D5 of Schedule 5 to the 1998 Act; and
b
subject to any restriction in the corresponding entry in column 2 of the Schedule to this Order,
be exercisable by the Scottish Ministers concurrently with the Minister of the Crown.
General modifications of enactments
3
1
Sections 117 and 118 (general modification of enactments) of the 1998 Act shall apply in relation to the exercise of functions by the Scottish Ministers by virtue of article 2 of this Order as they apply in relation to the exercise of functions by the Scottish Ministers within devolved competence.
2
In the application of those sections by virtue of this article, any reference in them to a pre commencement enactment is to be read as if it were a reference to any enactment.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
These Rules may be cited as the Magistrates’ Courts (Enforcement of Children Act 1989 Contact Orders) Rules 2008 and shall come into force on 8th December 2008.
2
In these Rules —
“the 1989 Act ” means the Children Act 1989 ;
“the 1991 Rules ” means the Family Proceedings Courts (Children Act 1989) Rules 1991 ; and
“magistrates’ court” has the meaning given in section 148 of the Magistrates’ Courts Act 1980 .
Application of the 1991 Rules
3
The 1991 Rules as modified by these Rules shall have effect in relation to —
a
an application in the magistrates’ court under any of the following provisions of the 1989 Act —
i
section 11J (enforcement orders);
ii
section 11O (compensation for financial loss);
iii
paragraph 4 of Schedule A1 (enforcement orders: power to revoke);
iv
paragraph 5, 6 or 7 of Schedule A1 (enforcement orders: amendment);
v
paragraph 9 of Schedule A1 (breach of an enforcement order);
b
an application in the magistrates’ court under section 8(2)(a) of the Children and Adoption Act 2006 ; or
c
a case where a magistrates’ court is considering exercising, or has exercised, a power under either of the following provisions of the 1989 Act —
i
section 11L(5) (enforcement orders: provision of information); or
ii
section 11M(1) (enforcement orders: monitoring).
Modification of the 1991 Rules
4
The 1991 Rules as they apply in relation to the matters in rule 3 are modified as provided in rules 5 to 23.
5
In the Arrangement of Rules —
a
after the entry for rule 4 insert —
4A Application for a warning notice
4B Application to amend enforcement order by reason of change of residence
;
b
after the entry for rule 13A insert —
13B Section 11J or 11O: duties of person notified
; and
c
after the entry for rule 21 insert —
21AA Service of enforcement order or order revoking or amending enforcement order
.
6
In rule 1(2) —
a
after the definition of “emergency protection order” insert —
“enforcement order” has the meaning assigned to it by section 11J(2);
;
b
after the definition of “file” insert —
“financial compensation order” means an order made under section 11O(2);
c
after the definition of “form” insert —
“guardian ad litem” in rule 4(3A) and Schedule 2 means the person by whom the child took part in family proceedings in the High Court or the county court, as referred to in rules 9.2 and 9.5 of the Family Proceedings Rules 1991 ;
;
d
after the definition of “leave” insert —
“legal representative” in rule 4(3A) and Schedule 2 has the meaning given in rule 23A(4);
;
e
after the definition of “Member State” insert —
“next friend” means the person by whom the child began or prosecuted family proceedings in the High Court or the county court, as referred to in rule 9.2 of the Family Proceedings Rules 1991;
; and
f
after the definition for “the Act of 1989” insert —
“the Act of 2006 ” means the Children and Adoption Act 2006;
“warning notice” means a notice attached to a contact order pursuant to section 8(2) of the Act of 2006;
.
7
In rule 2 —
a
in paragraph (5) —
i
in sub-paragraph (d), delete “and”;
ii
in sub-paragraph (e), for “.” substitute “, and”; and
iii
after sub-paragraph (e), insert —
f
under paragraph 5 of Schedule A1.
; and
b
after paragraph (5), insert —
6
Proceedings under section 8(2)(a) of the Act of 2006 are prescribed as proceedings with respect to which a single justice may discharge the functions of a magistrates’ court.
7
In paragraph (6), “magistrates’ court” has the meaning given in section 148 of the Magistrates’ Courts Act 1980.
.
8
In rule 4 —
a
in paragraph (1) after “paragraph (4)” insert “and rules 4A and 4B”;
b
in paragraph (1A)(a)(i) —
i
for “or” substitute “,”; and
ii
after “C51” insert “or C79” ; and
c
after paragraph (3) insert —
3A
In relation to an application under section 11J or section 11O, in addition to complying with paragraph (3), the applicant shall serve a copy of the application on the person who was the children’s guardian, guardian ad litem, next friend or legal representative as referred to in the relevant entry in column (iv) of Schedule 2 to these Rules.
.
9
After rule 4 insert —
Application for a warning notice
4A
1
This rule applies in relation to an application for a warning notice.
2
The application shall be made ex parte on Form C78.
3
The court may deal with the application without a hearing.
4
Where the court determines that the application shall be dealt with at a hearing —
a
rule 4(1)(b) and (3) shall apply;
b
rule 4(2) shall apply as if for the words “On receipt by the designated officer of the documents filed under paragraph (1)(a)” there were substituted “On the court determining that the application shall be dealt with at a hearing”; and
c
rules 16(7) and 22 shall apply as if the proceedings on the application for a warning notice were relevant proceedings.
5
Rules 23, 23A and 33 shall apply as if the proceedings on the application for a warning notice were relevant proceedings.
Application to amend enforcement order by reason of change of residence
4B
1
This rule applies in relation to an application under paragraph 5 of Schedule A1 (application to amend an enforcement order by reason of change of residence).
2
The application shall be made ex parte on Form C79.
3
The court may deal with the application without a hearing.
4
Where the court determines that the application shall be dealt with at a hearing —
a
rule 4(1)(b) and (3) shall apply; and
b
rule 4(2) shall apply as if for the words “On receipt by the designated officer of the documents filed under paragraph (1)(a)” there were substituted “On the court determining that the application shall be dealt with at a hearing”.
.
10
In rule 5 —
a
in paragraph (3) for “rule 11AA(1)(a) to (e)” substitute “rule 11AA(1)(a) to (g)”; and
b
in paragraph (4)(a) and (b) for “rule 11AA(1)(a) to (e)” substitute “rule 11A(1)(a) to (g)”.
11
In rule 8(7) —
a
in sub-paragraph (a), after “respondent,” delete “and”; and
b
after sub-paragraph (b), insert —
and
c
a copy of the application has been effected under rule 4(3A);
.
12
For rule 9, including the heading, substitute —
Acknowledgement of application
9
Within 14 days of service of an application for —
a
an order under section 4(1)(c);
b
a section 8 order;
c
an enforcement order;
d
a financial compensation order;
e
a special guardianship order;
f
an order under Schedule 1;
g
an order under Part 2 of Schedule A1; or
h
an order for a warning notice to which rule 4A(4) applies,
each respondent shall file, and serve on the parties, an acknowledgement of the application in Form C7 and, if both parts of question 6 or question 7 (or both) on Form C7 are answered in the affirmative, Form C1A.
.
13
In rule 11AA —
a
in paragraph (1) —
i
in sub-paragraph (e), for “.” substitute “;” and
ii
after sub-paragraph (e) insert —
f
section 11L(5) (providing the court with information as to the making of an enforcement order);
g
section 11M(1) (monitoring compliance with an enforcement order).
;
b
in paragraph (2) for “paragraph (1)(a) to (e)” substitute “paragraph (1)(a) to (g)”;
c
in paragraph (8) for “paragraph (1)(a) to (d)” substitute “paragraph (1)(a), (b), (c), (d), (f) or (g)”; and
d
in paragraph (9) for “paragraph (1)(a) to (e)” substitute “paragraph (1)(a) to (g)”.
14
After rule 13A insert —
Section 11J or 11O: duties of person notified
13B
Where there has been a notification of an application in accordance with rule 4(3A), the person notified shall —
a
consider whether it is in the best interests of the child for the child to be a party to the proceedings to which that application relates and, therefore, whether the court should consider transferring the proceedings; and
b
before the date fixed for the first hearing or directions appointment, notify the court, orally or in writing, of his opinion on these questions, together for the reason for this opinion.
.
15
In rule 14 —
a
in paragraph (1)(b) for “rule 11AA(1)(a) to (d)” substitute “rule 11AA(1)(a), (b), (c), (d), (f) or (g)”;
b
in paragraph (2)(n) for “rule 11AA(1)(a) to (c)” substitute “rule 11A(1)(a), (b), (c), (f) or (g)”; and
c
in paragraph (11A) for “rule 11AA(1)(a) to (e)” substitute “rule 11AA(1)(a) to (g)”.
16
In rule 15(5)(c)(ii) for “rule 11AA(1)(a) to (e)”, substitute “rule 11AA(1)(a) to (g)”.
17
In rule 16(1A) —
a
in sub-paragraph (a) after “a contact order” insert “or relates to an application for a financial compensation order, an enforcement order or an order under paragraph 9(2) of Schedule A1”; and
b
in paragraph (b), for “direction or condition” substitute “direction, condition or order”.
18
In rule 17(1), for “rule 11AA(1)(a) to (e)” substitute “rule 11AA(1)(a) to (g)”.
19
In rule 21(7)(b), after “paragraph (8)” insert “and rule 21AA”.
20
After rule 21, insert —
Service of enforcement order or order amending or revoking enforcement order
21AA
1
Paragraphs (2) and (3) apply where an enforcement order or an order under paragraph 9(2) of Schedule A1 is made by the court.
2
As soon as practicable after an order has been made, a copy of it shall be served by the designated officer on —
a
the parties, except the person against whom the order is made;
b
the officer of the service or the Welsh family proceedings officer who is obliged to comply with a request under section 11M;
c
the responsible officer.
3
Unless the court directs otherwise, the applicant shall serve a copy of the order personally on the person against whom the order is made.
4
As soon as practicable after an order had been made under paragraph 4, 5, 6 or 7 of Schedule A1, a copy of the order shall be served by the designated officer on —
a
the parties;
b
the officer of the service or the Welsh family proceedings officer who is obliged to comply with a request under section 11M;
c
the responsible officer; and
d
in the case of an order made under paragraph 5 of Schedule A1, the responsible officer in the former local justice area.
5
In this rule, “responsible officer” has the meaning given in paragraph 8(8) of Schedule A1.
.
21
In rule 33 delete “in a family proceedings court”.
22
In Schedule 1 —
a
in the list of forms, after the entry for Form C54, insert —
C78 Application for attachment of a warning notice to a contact order C79 Application related to enforcement of a contact order C80 Order Enforcement order C81 Order Revocation of enforcement order C82 Order Order for financial compensation
.
; and
b
after Form C54 insert the forms in the Schedule to these Rules.
23
In Schedule 2 —
a
in the row beginning “Section 4(1)(c)”, in column (i), after “Schedule 14” insert “or, where rule 4A(4) applies, section 8(2)(a) of the Act of 2006”;
b
after the row beginning “Section 4(1)(c)”, insert —
Section 11J or 11O 14 days Only the person whom the applicant alleges has failed to comply with the contact order Any officer of the service or Welsh family proceedings officer exercising a duty conferred on him by section 11H(2) (monitoring compliance with a contact order)
Where the child was a party to the proceedings in which the contact order was made-
the person who was the children’s guardian, guardian ad litem or next friend of the child in those proceedings; or
where there was no children’s guardian, guardian ad litem or next friend, the person who was the legal representative of the child in those proceedings
; and
c
after the row beginning “Section 25”, insert —
Paragraph 4 of Schedule A1 14 days Only —
the person who was the applicant for the enforcement order, and
where the child was a party to the proceedings in which the enforcement order was made, the child
Any officer of the service or Welsh family proceedings officer exercising a duty conferred on him by section 11M(1) (monitoring compliance with an enforcement order) and the responsible officer (as defined in section 197 of the Criminal Justice Act 2003 as modified by Schedule A1) Where rule 4B applies, paragraph 5 of Schedule A1.
Paragraphs 6 and 7 of Schedule A1
14 days Only the person who was the applicant for the enforcement order Any officer of the service or Welsh family proceedings officer exercising a duty conferred on him by section 11M(1) (monitoring compliance with an enforcement order)
and the responsible officer (as defined in section 197 of the Criminal Justice Act 2003 as modified by Schedule A1)
Paragraph 9 of Schedule A1 14 days Only the person whom the applicant alleges has failed to comply with the unpaid work requirement imposed by an enforcement order,
and
where the child was a party to the proceedings in which the enforcement order was made, the child
Any officer of the service or Welsh family proceedings officer exercising a duty conferred on him by section 11M(1) (monitoring compliance with an enforcement order)
and the responsible officer (as defined in section 197 of the Criminal Justice Act 2003 as modified by Schedule A1)
Lord Judge, C.J.
I concur
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
3rd November 2008


text:
Citation and commencement
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2008 and shall come into force on 1st February 2008.
Revision of codes of practice
2
The revised codes of practice laid before Parliament on 17th December 2007 in connection with the matters referred to in —
a
section 60(1)(a) of the Act (tape recording of interviews with suspects – Code E);
b
section 66(1)(a) of the Act (exercise by police officers of statutory powers of stop and search – Code A) ;
c
section 66(1)(b) of the Act —
i
(detention, treatment and questioning of persons by police officers – Code C); and
ii
(identification of persons by police officers – Code D);
d
section 66(1)(c) and (d) of the Act (searching of premises by police officers and the seizure of property found by police officers on persons or premises – Code B);
shall come into operation on 1st February 2008.
Tony McNulty
Minister of State
Home Office
29th January 2008


text:
Citation and commencement
1
These Regulations may be cited as the Army Terms of Service (Amendment etc.) Regulations 2008 and shall come into force on 6th August 2008.
Amendment to the Army Terms of Service Regulations 2007
2
1
The Army Terms of Service Regulations 2007 shall be amended in accordance with paragraph (2).
2
In regulation 11(2) (right to transfer to the reserve) after the words “date of enlistment” insert the words “or the person’s 18 th birthday, whichever is the later”.
Revocation
3
The Army Terms of Service (Part-time Service in Northern Ireland) Regulations 1992 are revoked.
Savings
4
The Army Terms of Service Regulations 2007 shall continue to apply without the amendment made by regulation 2 in relation to any person who enlisted in the regular army before 6th August 2008.
On behalf of the Defence Council
Derek Twigg
Richard Dannatt
Members of the Defence Council
10th July 2008


text:
Citation and commencement
1
This Order may be cited as the Landsbanki Freezing (Amendment) Order 2008 and comes into force on 21st October 2008.
Amendments to the Landsbanki Freezing Order
2
The Landsbanki Freezing Order 2008 is amended as follows.
3
In article 1 —
a
in paragraph (2) insert at the beginning “Subject to paragraph (3),”;
b
in paragraph (3) for “An offence may be committed under this Order by” substitute “The prohibitions imposed by article 4 apply to the following persons”.
4
In article 3 —
a
in paragraph (1) after “this Order” insert “(being persons believed by the Treasury to have taken or be likely to take action to the detriment of the United Kingdom’s economy (or part of it))”;
b
in paragraph (2) after “must” insert “, as soon as is practicable,”.
5
In article 5(1) after “A person” insert “referred to in article 1(3)”.
6
In article 9(2) for “Schedule 2” substitute “the Schedule”.
7
Omit article 13.
8
In the Schedule —
a
in paragraph 2 after “disclose” insert “to the Treasury”;
b
in paragraph 3 —
i
after “ 3. ” insert “ — (1)”;
ii
in sub-paragraph (b) for the references to ‘person’ substitute ‘relevant institution’;
c
in paragraph 6 —
i
omit “ — (1)”;
ii
in sub-paragraph (b) for “relation” substitute “response”.
Bob Blizzard
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
20th October 2008


text:
Citation and commencement
1
This Order may be cited as the Civil Enforcement of Parking Contraventions (County of Cheshire) (City of Chester and Borough of Ellesmere Port & Neston) Designation Order 2008 and shall come into force on 8th January 2009.
Designation of civil enforcement area and special enforcement area
2
The Secretary of State designates the area described in the Schedule as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
11th December 2008


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Pharmacies) (Responsible Pharmacist) Regulations 2008 and come into force on 1 st October 2009.
Interpretation
2
In these Regulations —
“ the Act ” means the Medicines Act 1968;
“pharmacy business” means the business in respect of which the responsible pharmacist has a duty under section 72A(1) of the Act;
“pharmacy staff” means any pharmacist or any other person who is working at the premises in question in a role connected to the pharmacy business;
“premises” means the premises from which the pharmacy business is carried on.
Absence of the responsible pharmacist
3
1
The maximum period for which the responsible pharmacist may be absent from the premises is two hours during the pharmacy’s business hours.
2
If there is more than one responsible pharmacist during the pharmacy’s business hours, the maximum period in paragraph (1) relates to the total period of absence for all of them.
3
The responsible pharmacist must not be absent from the premises unless the arrangements in paragraph (4) or (5) have been put in place.
4
Where it is reasonably practicable for the responsible pharmacist to be contactable throughout the period of absence, arrangements must ensure that the responsible pharmacist can —
a
be contacted by other pharmacy staff throughout the period of absence; and
b
return to the premises with reasonable promptness if, in the opinion of the responsible pharmacist, this is necessary to secure the safe and effective running of the pharmacy business.
5
For any period of absence where it is not reasonably practicable to put in place the arrangements specified in paragraph (4), arrangements must ensure that another pharmacist is both available and contactable to provide advice to other pharmacy staff.
6
The retail sale of medicinal products on a general sale list from the premises may continue during the period of absence of the responsible pharmacist.
7
In this regulation —
“business hours” means the period during which the pharmacy business is operational on any day;
“day” means the 24-hour period beginning and ending at midnight.
Pharmacy procedures
4
1
The matters which must be covered by pharmacy procedures are —
a
the arrangements to secure that medicinal products are —
i
ordered;
ii
stored;
iii
prepared;
iv
sold by retail ;
v
supplied in circumstances corresponding to retail sale ;
vi
delivered outside the pharmacy; and
vii
disposed of
in a safe and effective manner;
b
the circumstances in which a member of pharmacy staff who is not a pharmacist may give advice about medicinal products;
c
the identification of members of pharmacy staff who are, in the view of the responsible pharmacist, competent to perform certain tasks relating to the pharmacy business;
d
the keeping of records about the arrangements mentioned in paragraph (a);
e
the arrangements which are to apply during the absence of the responsible pharmacist from the premises;
f
the steps to be taken when there is a change of responsible pharmacist at the premises;
g
the procedure which is to be followed if a complaint is made about the pharmacy business;
h
the procedure which is to be followed if an incident occurs which may indicate that the pharmacy business is not running in a safe and effective manner; and
i
the manner in which changes to the pharmacy procedures are to be notified to pharmacy staff.
2
Pharmacy procedures must be recorded —
a
in writing;
b
in electronic form; or
c
in both forms.
3
Pharmacy procedures must be available at the premises for inspection by —
a
the person carrying on the pharmacy business;
b
the superintendent, if any ;
c
the responsible pharmacist; and
d
pharmacy staff.
4
Pharmacy procedures must be reviewed regularly.
5
In this regulation, “pharmacy procedures” means the procedures referred to in section 72A(3) of the Act.
The pharmacy record
5
1
The particulars which must be included in the pharmacy record are —
a
the responsible pharmacist’s name;
b
any number associated with the responsible pharmacist’s registration in the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007 or in the register of pharmaceutical chemists maintained under Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976 ;
c
the date and time at which the responsible pharmacist became the responsible pharmacist;
d
the date and time at which the responsible pharmacist ceased to be the responsible pharmacist; and
e
in relation to any absence of the responsible pharmacist from the premises on a day on which they were the responsible pharmacist —
i
the date of the absence;
ii
the time at which the absence commenced; and
iii
the time at which the responsible pharmacist returned to the premises.
2
The pharmacy record must be kept —
a
in writing;
b
in electronic form; or
c
in both forms.
3
The pharmacy record must be available at the premises for inspection by —
a
the person carrying on the pharmacy business;
b
the superintendent, if any;
c
the responsible pharmacist; and
d
pharmacy staff.
4
The person carrying on the pharmacy business must secure that the pharmacy record is preserved for a period of not less than five years commencing on —
a
in the case of a record in electronic form, the day on which it is created;
b
in the case of a written record, the last day to which the record relates.
5
In this regulation, “pharmacy record” means the record referred to in section 72A(4) of the Act.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
14th October 2008
Michael McGimpsey
Minister,
Department of Health, Social Services and Public Safety
24th October 2008


text:
Title and commencement
1
These Regulations may be cited as the Seed Potatoes (England) (Amendment) Regulations 2008 and come into force on 6th April 2008.
Amendments
2
1
The Seed Potatoes (England) Regulations 2006 are amended as follows.
2
In Schedule 3, in Group IV of Part II and in Group IV of Part III —
a
in column 1, under “Common Scab ( Streptomyces species)” for “one-quarter” substitute “one-third”; and
b
in column 2, replace the figure opposite “Common Scab ( Streptomyces species)” with “5.0%”.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
25th February 2008