text:
Citation and interpretation
1
1
This Order may be cited as the Serious Crime Act 2007 (Commencement No. 2 and Transitional and Transitory Provisions and Savings) Order 2008.
2
In this Order —
“the 2002 Act ” means the Proceeds of Crime Act 2002 ;
“the 2007 Act ” means the Serious Crime Act 2007;
“ the Agency ” means the Assets Recovery Agency;
“ the Director ” means the Director of the Assets Recovery Agency;
“modification” includes amendment or repeal; and
“ SOCA ” means the Serious Organised Crime Agency.
Commencement: abolition of the Agency and its Director
2
1
Subject to articles 3 to 14, the following provisions of the 2007 Act shall come into force on 1st April 2008 —
a
section 74(2)(a), (b), (c), (d) (to the extent not already in force), (e), (f) and (g) (to the extent not already in force) together with Schedule 8 (to the extent not already in force) (abolition of the Agency and its Director);
b
section 74(4) (definition of SOCA);
c
section 92 (repeals and revocations) in so far as it relates to the entries in Schedule 14 in sub-paragraph (d); and
d
in Schedule 14 (repeals and revocations) the entries relating to —
i
the Parliamentary Commissioner Act 1967 ;
ii
the Criminal Appeal Act 1968 ;
iii
the Criminal Appeal (Northern Ireland) Act 1980 ;
iv
the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 ;
v
the Bankruptcy (Scotland) Act 1985 ;
vi
the Insolvency Act 1986 ;
vii
the Insolvency (Northern Ireland) Order 1989 ;
viii
the Police Act 1996 ;
ix
the Police (Northern Ireland) Act 1998 ;
x
the Access to Justice Act 1999 ;
xi
the 2002 Act;
xii
the Crime (International Co-operation) Act 2003 ;
xiii
the Access to Justice (Northern Ireland) Order 2003 ;
xiv
section 21(1)(b) of, and paragraph 98 of Schedule 4 to, the Commissioners for Revenue and Customs Act 2005 ;
xv
the Serious Organised Crime and Police Act 2005 ;
xvi
the Gambling Act 2005 ;
xvii
the Tribunals, Courts and Enforcement Act 2007 ; and
xviii
the Corporate Manslaughter and Corporate Homicide Act 2007 .
2
Section 77 of, and paragraph 9(1), (5) and (6) of Schedule 10 to, the 2007 Act (further provisions about detained cash investigations) shall come into force on 1st April 2008 for the purpose of civil recovery investigations and the amendment made by paragraph 107(3) of Schedule 8 to that Act.
Transfer from the Agency and its Director to SOCA and National Policing Improvement Agency
3
1
The modifications made by virtue of Schedule 8 to the 2007 Act do not affect the validity of anything done (or having effect as if done) by or in relation to the transferor before 1st April 2008.
2
Anything which, on 1st April 2008, is in the process of being done by or in relation to the transferor may, so far as it relates to any function transferred by Part 2, 3, 4 or 5 or paragraph 140 of that Schedule or to any investigation, be continued by or in relation to the transferee.
3
Anything done (or having effect as if done) by or in relation to the transferor for the purposes of or in connection with any function transferred by Part 2, 3, 4 or 5 or paragraph 140 of that Schedule or any investigation shall, if in force or effective on 1st April 2008, have effect as if done by or in relation to the transferee so far as that is required for continuing its effect on and after 1st April 2008.
4
Any enactment, instrument or other document passed or made before 1st April 2008 shall have effect, so far as necessary for the purposes of or in consequence of paragraph (2) or (3), as if any references (however expressed) to the transferor were references to the transferee.
5
The references in paragraphs (2) and (3) to things done include references to things omitted to be done.
6
Paragraphs (2) to (5) do not apply in relation to —
a
section 325 of the 2002 Act (declarations); or
b
subject to article 9(3), any function relating to a confiscation investigation and transferred to a prosecutor (within the meaning given by section 357(8) of the 2002 Act) by paragraphs 108(1), (2), (3) and (7) and 110(1) and (2) of Schedule 8 to the 2007 Act (transfer to prosecutors of powers to apply for disclosure orders in relation to confiscation investigations and for their variation and discharge) .
7
In this article —
“the transferee” means —
in the case of Part 5 of Schedule 8 to the 2007 Act, the National Policing Improvement Agency;
in any other case, SOCA, a member of SOCA’s staff, a senior member of SOCA’s staff, an authorised member of SOCA’s staff or (as the case may be) a person providing services under arrangements made by SOCA; and
“the transferor” means the Director, a member of staff of the Agency or a person providing services under arrangements made by the Director.
Transfer of confiscation functions
4
1
The modifications made by virtue of Part 1 of Schedule 8 to the 2007 Act and relevant provisions (abolition of Director’s confiscation functions) do not apply in relation to —
a
any function relating to an application made on or after 1st April 2008, or possible application to be made on or after that date, for a confiscation order where the application is connected to —
i
an investigation begun by the Director before that date;
ii
a restraint order obtained by the Director before that date; or
iii
an agreement entered into by the Director before that date with any person for the Director to proceed with confiscation;
b
any function relating to an application which was made before 1st April 2008 for a confiscation order and which is in progress on that date;
c
any function relating to a confiscation order made on the application of the Director before 1st April 2008 or on an application of the kind mentioned in sub-paragraph (a), or any function relating to a decision not to make such an order; and
d
any function under section 19, 20, 169 or 170 of the 2002 Act (reconsideration) which is exercisable within a period of six years which began before 1st April 2008 and ends on or after that date (and any function relating to any such function or any resulting order).
2
Parts 2 and 4 of the 2002 Act and relevant enactments continue to apply in relation to such cases without the modifications made by virtue of Part 1 of Schedule 8 to the 2007 Act and relevant provisions but as if —
a
references (however expressed) to the Director, a member of staff of the Agency or a person providing services under arrangements made by the Director were references to SOCA, a member of SOCA’s staff or (as the case may be) a person providing services under arrangements made by SOCA; and
b
paragraphs (2) to (5) of article 3 applied to functions transferred by virtue of sub-paragraph (a) of this paragraph as they apply to the functions mentioned in paragraphs (2) and (3) of article 3.
3
In paragraph (1) —
a
references to functions include references to enforcement functions and functions relating to restraint orders or similar prohibitions; and
b
references to confiscation orders include references to orders under section 6 or 156 of the 2002 Act (making of confiscation order) as applied by section 27 or 28 or (as the case may be) 177 or 178 of that Act (defendant absconds: defendant convicted or committed or neither convicted nor acquitted).
4
In this article —
“relevant enactments” means enactments (other than Parts 2 and 4 of the 2002 Act) which, but for paragraph (1), would be modified by virtue of Part 1 of Schedule 8 to the 2007 Act or relevant provisions; and
“relevant provisions” means —
paragraphs 144 to 146 of Schedule 8 to the 2007 Act (changes to criminal appeals legislation);
paragraphs 148, 159 and 163 of that Schedule to that Act (changes relating to legal aid); and
paragraphs 150, 151 and 154 of that Schedule to that Act (bankruptcy and insolvency).
Remuneration and expenses of receivers
5
Nothing in the application of section 57(6) or 205(6) of the 2002 Act (sums received by Director) by virtue of article 4(2) shall mean that the remuneration or expenses, in relation to a period before 1st April 2008, of a receiver —
a
can be paid from a sum received under section 56 or (as the case may be) 204 of that Act if the receiver was, at the relevant time during the period before 1st April 2008, a member of staff of the Agency or a person providing services under arrangements made by the Director; or
b
cannot be so paid by SOCA if the receiver is a member of SOCA’s staff or a person providing services under arrangements made by SOCA but was not, at the relevant time during the period before 1st April 2008, a member of staff of the Agency or a person providing services under arrangements made by the Director.
Remuneration of trustee for civil recovery
6
Nothing in the amendment of section 280(4) of the 2002 Act by paragraph 88 of Schedule 8 to the 2007 Act (applying realised proceeds etc. ) shall mean that the remuneration, in relation to a period before 1st April 2008, of a trustee for civil recovery —
a
can be paid from a sum received under section 280(2) of the 2002 Act if the trustee was, at the relevant time during the period before 1st April 2008, a member of staff of the Agency; or
b
cannot be so paid by SOCA if the trustee is a member of SOCA’s staff but was not, at the relevant time during the period before 1st April 2008, a member of staff of the Agency.
Declarations under section 325 of the 2002 Act
7
The requirement in section 325(2) of the 2002 Act (as substituted by paragraph 100 of Schedule 8 to the 2007 Act) (declarations by members of SOCA’s staff) to make a declaration does not apply in relation to a member of SOCA’s staff who —
a
made a declaration under section 325(2) of the 2002 Act before 1st April 2008 as a member of staff of the Agency in respect of an authorisation to carry out functions of the Director under Part 6 of that Act (Revenue functions);
b
was so authorised immediately before that date; and
c
continues, on and after that date, to be assigned to carry out functions under that Part.
Search and seizure warrants and written authorities
8
1
A search and seizure warrant which —
a
was issued under section 352 of the 2002 Act before 1st April 2008 on an application made by the Director;
b
authorised a named member of staff of the Agency; and
c
is treated by virtue of article 3(2) to (4) as having been issued on an application made by a member of SOCA’s staff;
is to be treated, so far as required for continuing its effect on and after that date, as continuing to authorise the same person if that person is a member of SOCA’s staff but otherwise is to be treated as not authorising any person.
2
Any written authority given before 1st April 2008 by the Director under section 356(6) of the 2002 Act (search and seizure warrants: accompanying persons) to members of staff of the Agency is to be treated, so far as required for continuing its effect on and after that date, as applying to those persons if they are members of SOCA’s staff but otherwise is to be treated as not applying to them.
Disclosure orders
9
1
A member of SOCA’s staff may apply for a disclosure order in relation to a confiscation investigation which is treated by virtue of article 3(2) to (4) as having been commenced by a member of SOCA’s staff (and, accordingly, the amendments made by paragraph 108(1), (2), (3) and (7) of Schedule 8 to the 2007 Act do not apply in such cases).
2
A member of SOCA’s staff may apply to vary or discharge a disclosure order made before 1st April 2008 in relation to a confiscation investigation carried out by the Director (and, accordingly, the amendments made by paragraph 110(1) and (2) of Schedule 8 to the 2007 Act do not apply in such cases).
3
Paragraphs (2) to (5) of article 3 apply to —
a
functions transferred by virtue of paragraph (1) or (2); and
b
functions in relation to confiscation investigations transferred to a prosecutor (within the meaning given by section 357(8)(b), (c) or (d) of the 2002 Act) by paragraphs 108(1), (2), (3) and (7) and 110(1) and (2) of Schedule 8 to the 2007 Act;
as they apply to the functions mentioned in paragraphs (2) and (3) of article 3 but as if, in the case of functions falling within sub-paragraph (b), the transferee were the prosecutor concerned.
Saving: section 376 of the 2002 Act
10
1
The modifications made by virtue of paragraph 113 of Schedule 8 to the 2007 Act (repeal of section 376 of the 2002 Act etc : evidence overseas) do not apply in relation to confiscation investigations begun before 1st April 2008 and carried on by SOCA on or after that date.
2
Accordingly, section 376 of the 2002 Act, and paragraphs 82 and 83 of Schedule 5 to the Crime (International Co-operation) Act 2003 , continue to apply in relation to such investigations but as if —
a
references (however expressed) to the Director were references to SOCA; and
b
paragraphs (2) to (5) of article 3 applied to functions transferred by sub-paragraph (a) as they apply to the functions mentioned in paragraphs (2) and (3) of article 3.
Orders in Council under section 444 of the 2002 Act
11
Any modifications made by an Order in Council under section 444 of the 2002 Act (external requests and orders) which correspond to modifications made by Schedule 8 to the 2007 Act are to be treated as subject to transitional, transitory or saving provisions which correspond to those to which the modifications made by Schedule 8 to the 2007 Act are subject by virtue of this Order.
Annual report of the Director
12
1
The repeal of paragraph 7 of Schedule 1 to the 2002 Act (annual report of the Director) made by virtue of paragraph 142 of Schedule 8 to the 2007 Act does not apply in relation to a report for the financial year ending with 31st March 2008.
2
Accordingly, paragraph 7 of Schedule 1 to the 2002 Act continues to apply in relation to such a case but as if it required SOCA to prepare the report and send it to the Secretary of State.
Accounts of the Agency
13
1
SOCA must prepare a statement of accounts of the Agency in respect of the financial year ending with 31st March 2008.
2
SOCA must send a copy of the statement of accounts to the Secretary of State.
Police on service with the Agency
14
For the purposes of section 97 of the Police Act 1996 and section 27 of the Police (Northern Ireland) Act 1998 (police officers or members of the Police Service of Northern Ireland engaged on other service) the transfer on 1st April 2008 of a person from temporary service with the Agency to temporary service as a member of SOCA’s staff or to temporary service with the National Policing Improvement Agency is not to be taken as interrupting the period of relevant service.
Commencement: serious crime prevention orders
15
1
Subject to paragraphs (2) and (3), the following provisions of the 2007 Act shall come into force on 6th April 2008 —
a
section 1 (serious crime prevention orders);
b
section 2 together with Part 1 of Schedule 1 (involvement in serious crime: England and Wales orders);
c
section 3 together with Part 2 of Schedule 1 (involvement in serious crime: Northern Ireland orders);
d
sections 4 to 23 (further provisions relating to serious crime prevention orders);
e
section 24(1) to (8), (11) and (12) (appeals from Crown Court);
f
sections 25 to 36 (enforcement, particular types of persons and proceedings in the High Court and Crown Court);
g
section 37 (to the extent not already in force) (functions of applicant authorities);
h
paragraphs 1 to 3, 5 to 17 and 19 to 21 of Schedule 2 (functions of applicant authorities under Part 1);
i
sections 38 and 39 (disclosure and compliance);
j
section 40(3) and (5) to (8) (costs in relation to authorised monitors);
k
sections 41 to 43 (retention of documents and interpretation);
l
section 91(1) (transitional and transitory provisions and savings) in so far as it relates to the provisions in sub-paragraph (m); and
m
paragraphs 1 to 4 of Schedule 13 (transitional and transitory provisions and savings).
2
In the application of section 24(6) to (8) and (12) to England and Wales (right of appeal to Supreme Court and effect of section 33(3) of the Criminal Appeal Act 1968 ) before the commencement of paragraph 16(3)(b) of Schedule 9 to the Constitutional Reform Act 2005 (amendment of section 33(2) of the Criminal Appeal Act 1968), references to the Supreme Court are to be read as references to the House of Lords.
3
In the application of section 24(6) to (8) to Northern Ireland (right of appeal to the Supreme Court) before the commencement of paragraph 33(2)(a) of Schedule 9 to the Constitutional Reform Act 2005 (amendment of section 31(1) of the Criminal Appeal (Northern Ireland) Act 1980 ), references to the Supreme Court are to be read as references to the House of Lords.
Commencement: data matching
16
The following provisions of the 2007 Act shall come into force on 6th April 2008 —
a
section 73 together with Schedule 7 (to the extent not already in force) (data matching);
b
section 91(1) (transitional and transitory provisions and savings) in so far as it relates to the provision in sub-paragraph (c); and
c
paragraph 9 of Schedule 13 (transitional and transitory provisions and savings).
Commencement: miscellaneous amendments to the 2002 Act
17
1
Subject to paragraphs (2) and (3), the following provisions of the 2007 Act shall come into force on 6th April 2008 —
a
section 75(1) to (3) (use of production orders for detained cash investigations);
b
section 76(1) to (3) (use of search warrants etc. for detained cash investigations);
c
section 77 (further provision about detained cash investigations) in so far as it relates to the provisions in sub-paragraph (d);
d
in Schedule 10 (further provisions about detained cash investigations) —
i
paragraph 1 in so far as it relates to the following paragraphs of that Schedule;
ii
paragraphs 2 to 8, 9 (to the extent not already in force), 10 to 13 and 24;
iii
paragraph 25 in so far as it does not extend to Scotland; and
iv
paragraphs 26 to 28;
e
section 78 (powers to seize property to which restraint orders apply);
f
section 79 together with Schedule 11 (powers to recover cash);
g
sections 80 and 81 (powers in relation to certain investigations and supplementary provisions in relation to new powers); and
h
sections 82 to 84 (miscellaneous provisions about the proceeds of crime).
2
Section 78 applies in relation to restraint orders whenever made.
3
Section 82 does not apply in relation to applications made under section 49, 51, 197 or (as the case may be) 199 of the 2002 Act before 6th April 2008.
Commencement: incidents involving serious violence: powers to stop and search
18
Section 87 of the 2007 Act (incidents involving serious violence: powers to stop and search) shall come into force on 6th April 2008.
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
17th March 2008


type: legislation

jurisdiction: UK

text:
Citation, Commencement and Interpretation
1
1
This Order may be cited as the Criminal Justice (Sentencing) (Curfew Condition) Order 2008 and shall come into force on 20th October 2008.
2
In this Order —
“the 1991 Act ” means the Criminal Justice Act 1991;
“the 2003 Act ” means the Criminal Justice Act 2003;
“curfew condition” has the meaning given by section 37A(1) of the 1991 Act or, where appropriate, section 253(1) of the 2003 Act; and
“police area” has the meaning given by section 1 of the Police Act 1996 .
Persons responsible for monitoring curfew conditions
2
The description of person responsible for monitoring the whereabouts of an offender subject to a curfew condition for the purposes of section 37A(4) (curfew condition to be included in licence under section 34A) of the 1991 Act or section 253(5) (curfew condition to be included in licence under section 246) of the 2003 Act —
a
in relation to a curfew condition imposed on an offender residing in Scotland or in a police area specified in Schedule 1 to this Order, is one employed by Serco Limited, Serco House, 16 Bartley Wood Business Park, Bartley Way, Hook, Hampshire RG27 9UY (company number 00242246) to monitor offenders; and
b
in relation to a curfew condition imposed on an offender residing in a police area specified in Schedule 2 to this Order, is one employed by G4S Justice Services Limited, Sutton Park House, 15 Carshalton Road, Sutton, Surrey SML 4LD (company number 00390328) to monitor offenders.
Revocation
3
The Curfew Condition (Responsible Officer) Order 1999 and the Criminal Justice (Sentencing) (Curfew Condition) Order 2005 are revoked.
Signed by authority of the Secretary of State
Minister of State
Ministry of Justice
18th October 2008


text:
Citation, application and commencement
1
1
These Regulations may be cited as the Local Involvement Networks (Miscellaneous Amendments) Regulations 2008.
2
These Regulations apply in relation to England.
3
These Regulations shall come into force on 14th July 2008.
Amendment of the National Health Service (General Ophthalmic Services) Regulations 1986
2
In the National Health Service (General Ophthalmic Services) Regulations 1986 , in Schedule 1 (terms of service), at the end of paragraph 2 add —
f
regulation 3 of the Local Involvement Networks (Duty of Services-Providers to Allow Entry) Regulations 2008 in so far as it applies to the contractor.
.
Amendment of the National Health Service (General Medical Services Contracts) Regulations 2004
3
In the National Health Service (General Medical Services Contracts) Regulations 2004 , in Schedule 6 (other contractual terms), in Part 5 (records, information, notifications and rights of entry), after paragraph 91 (entry and inspection by the Commission for Healthcare Audit and Inspection) insert —
Entry and viewing by local involvement network representatives
91A
The contractor must comply with regulation 3 of the Local Involvement Networks (Duty of Services-Providers to Allow Entry) Regulations 2008 in so far as it applies to the contractor.
.
Amendment of the National Health Service (Personal Medical Services Agreements) Regulations 2004
4
In the National Health Service (Personal Medical Services Agreements) Regulations 2004 , in Schedule 5 (other contractual terms), in Part 5 (records, information, notifications and rights of entry), after paragraph 85 (entry and inspection by the Commission for Healthcare Audit and Inspection) insert —
Entry and viewing by local involvement network representatives
85A
The contractor (other than a Primary Care Trust) must comply with regulation 3 of the Local Involvement Networks (Duty of Services-Providers to Allow Entry) Regulations 2008 in so far as it applies to the contractor.
.
Amendment of the National Health Service (Pharmaceutical Services) Regulations 2005
5
1
The National Health Service (Pharmaceutical Services) Regulations 2005 are amended as follows.
2
In Schedule 1 (terms of service of pharmacists), at the end of paragraph 1 (incorporation of provisions) add —
e
regulation 3 of the Local Involvement Networks (Duty of Services-Providers to Allow Entry) Regulations 2008 in so far as it applies to the pharmacist.
.
3
In Schedule 2 (terms of service of dispensing doctors), at the end of paragraph 1 (incorporation of provisions) add —
e
regulation 3 of the Local Involvement Networks (Duty of Services-Providers to Allow Entry) Regulations 2008 in so far as it applies to the dispensing doctor.
.
4
In Schedule 3 (terms of service of suppliers of appliances), at the end of paragraph 1 (incorporation of provisions) add —
e
regulation 3 of the Local Involvement Networks (Duty of Services-Providers to Allow Entry) Regulations 2008 in so far as it applies to the supplier of appliances.
.
Amendment of the National Health Service (General Dental Services Contracts) Regulations 2005
6
In the National Health Service (General Dental Services Contracts) Regulations 2005 , in Schedule 3 (other contractual terms), in Part 5 (records, information, notifications and rights of entry), after paragraph 46 (entry and inspection by the Commission for Healthcare Audit and Inspection) insert —
Entry and viewing by local involvement network representatives
46A
The contractor must comply with regulation 3 of the Local Involvement Networks (Duty of Services-Providers to Allow Entry) Regulations 2008 in so far as it applies to the contractor.
.
Amendment of the National Health Service (Personal Dental Services Agreements) Regulations 2005
7
In the National Health Service (Personal Dental Services Agreements) Regulations 2005 , in Schedule 3 (other contractual terms), Part 5 (records, information, notifications and rights of entry), after paragraph 46 (entry and inspection by the Commission for Healthcare Audit and Inspection) insert —
Entry and viewing by local involvement network representatives
46A
The contractor must comply with regulation 3 of the Local Involvement Networks (Duty of Services-Providers to Allow Entry) Regulations 2008 in so far as it applies to the contractor.
.
Amendment of the National Health Service (Local Pharmaceutical Services etc. ) Regulations 2006
8
In the National Health Service (Local Pharmaceutical Services etc.) Regulations 2006 , in Schedule 2 (contract terms), in paragraph 1 (general provisions), at the end of sub-paragraph (1) add —
c
regulation 3 of the Local Involvement Networks (Duty of Services-Providers to Allow Entry) Regulations 2008 in so far as it applies to the contractor.
.
Signed on behalf of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
11th June 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Friendly Societies (Accounts and Related Provisions) (Amendment) Regulations 2008.
2
They come into force on 29th June 2008 and apply in relation to financial years beginning on or after that date.
Amendments to the Friendly Societies (Accounts and Related Provisions) Regulations 1994
2
1
Regulations 3 to 7 amend the Friendly Societies (Accounts and Related Provisions) Regulations 1994 .
2
The Schedule makes consequential amendments to those Regulations.
3
Omit regulation 9 (associated bodies).
4
In Schedule 4 (notes to annual accounts), omit the following paragraphs —
a
3 to 14;
b
30(5) and (6);
c
31.
5
In Schedule 4, after paragraph 34 insert —
Related Party Transactions
35
1
Particulars may be given of transactions which the society has entered into with related parties, and must be given if such transactions are material and have not been concluded under normal market conditions.
2
The particulars of transactions required to be disclosed by sub-paragraph (1) must include —
a
the amount of such transactions,
b
the nature of the related party relationship,
c
other information about the transactions necessary for an understanding of the financial position of the society.
3
Information about individual transactions may be aggregated according to their nature, except where separate information is necessary for an understanding of the effects of related party transactions on the financial position of the society.
4
Particulars need not be given of transactions entered into between two or more members of a group, provided that any subsidiary undertaking which is a party to the transaction is wholly-owned by such a member.
5
In this paragraph —
“group” means a society and its subsidiary undertakings;
“related party” has the same meaning as in international accounting standards.
.
6
Omit Schedule 5 (notes to annual accounts: information in respect of associated bodies).
7
In Schedule 6 (accounting principles and rules), in paragraph 24A —
a
in sub-paragraph (2), at the end of paragraph (a), omit “or”;
b
at the end of paragraph (b), insert —
; or
c
they are financial instruments falling within sub-paragraph (3A).
;
c
in sub-paragraph (3), before “Sub-paragraph (1) does not apply to” insert “Unless they are financial instruments falling within sub-paragraph (3A) below,”;
d
after sub-paragraph (3), insert —
3A
Financial instruments which, under international accounting standards adopted by the European Commission on or before 5th September 2006 in accordance with the IAS Regulation, may be included in accounts at fair value, may be so included, provided that the disclosures required by such accounting standards are made.
.
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
21st April 2008


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008, and shall come into force on 11th January 2009.
2
Regulation 4 extends to England and Wales only.
3
Regulation 5 extends to Northern Ireland only.
4
Otherwise, these Regulations extend to England and Wales and Northern Ireland.
Restriction on the application of existing choice of law rules in tort cases
2
After section 15 of the Private International Law (Miscellaneous Provisions) Act 1995 insert —
Disapplication of Part III where the rules in the Rome II Regulation apply.
15A
1
Nothing in this Part applies to affect the determination of issues relating to tort which fall to be determined under the Rome II Regulation.
2
In subsection (1) the “Rome II Regulation” means Regulation ( EC ) No. 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations , including that Regulation as applied by regulation 6 of the Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008 (conflicts solely between the laws of different parts of the United Kingdom or between one or more parts of the United Kingdom and Gibraltar).
3
This section extends to England and Wales and Northern Ireland only.
.
3
The following shall be inserted at the beginning of section 18(3) of the Private International Law (Miscellaneous Provisions) Act 1995 —
Except where otherwise provided,
.
4
After section 7 of the Foreign Limitation Periods Act 1984 insert —
Disapplication of sections 1, 2 and 4 where the rules in the Rome II Regulation apply
8
1
Where in proceedings in England and Wales the law of a country other than England and Wales falls to be taken into account by virtue of any choice of law rule contained in the Rome II Regulation, sections 1, 2 and 4 above shall not apply in respect of that matter.
2
In subsection (1) the “Rome II Regulation” means Regulation (EC) No. 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations, including that Regulation as applied by regulation 6 of the Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008 (conflicts solely between the laws of different parts of the United Kingdom or between one or more parts of the United Kingdom and Gibraltar).
.
5
After Article 8 of the Foreign Limitation Periods (Northern Ireland) Order 1985 insert —
Disapplication where the rules in the Rome II Regulation apply
9
1
Where in proceedings in Northern Ireland the law of a country other than Northern Ireland falls to be taken into account in the determination of any matter by virtue of any choice of law rule contained in the Rome II Regulation, Article 2 (3), (4) and (5) and Articles 3 and 4 above shall not apply in respect of that matter.
2
In paragraph (1) the “Rome II Regulation” means Regulation (EC) No. 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations, including that Regulation as applied by regulation 6 of the Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008 (conflicts solely between the laws of different parts of the United Kingdom or between one or more parts of the United Kingdom and Gibraltar).
.
Application of the Regulation (EC) No. 864/2007 : conflicts falling within Article 25(2)
6
Notwithstanding Article 25(2) of Regulation (EC) No. 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations (“Rome II”), that Regulation shall apply in the case of conflicts between —
a
the laws of different parts of the United Kingdom, or
b
between the laws of one or more parts of the United Kingdom and Gibraltar,
as it applies in the case of conflicts between the laws of other countries.
Signed by authority of the Secretary of State
Bach
Parliamentary Under Secretary of State
Ministry of Justice
12th November 2008


text:
Citation
1
This Order may be cited as the St Gregory’s Catholic Primary School (Designation as having a Religious Character) Order 2008.
Designation of School
2
1
The St Gregory’s Catholic Primary School, Spring Garden Road, Longton, Stoke-on-Trent, ST3 2QN, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Roman Catholic.
J D Loosley
A Deputy Director in the
Department for Children, Schools and Families
30th July 2008


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (London Underground Victoria Line 09TS Vehicles) Exemption Order 2008 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order —
“exempt vehicle” means a rail vehicle of the type known as Victoria Line 2009 Tube Stock (09TS) and with a number in the series 11001 to 11094, 12001 to 12094, 13001 to 13094 or 14001 to 14094;
“regulation” means a regulation in the Rail Vehicle Accessibility Regulations 1998 ;
“step-free access” means access from the station entrance to platform level without the use of stairs or escalators;
“Victoria Line” means the London Underground route between Walthamstow Central and Brixton stations.
Exemption
3
Subject to article 4, an exempt vehicle is authorised to be used for carriage on the Victoria Line even if it does not conform to, or it is used in a manner that does not conform to the requirements of —
a
regulation 4(3)(b) (audible warning before door closes), but only in respect of the period of time for which the distinct sound should be emitted before the door starts to close;
b
regulation 13(4) (passenger information when vehicle is stationary), but only in so far as it applies to the systems inside the passenger saloon;
c
regulation 13(7) (height of lettering on visual public address systems), but only in so far as it applies to the visual system inside the passenger saloon;
d
regulation 23(1) (boarding devices at wheelchair compatible doorways), but only in relation to a station named in the table in Schedule 2 or at Pimlico station.
Conditions
4
1
The exemption from regulation 4(3)(b) only applies if the audible warning device emits a different distinct sound commencing at least 1.75 seconds before the door starts to close.
2
The exemption from regulation 13(4) only applies if —
a
whilst the vehicle is stationary at a station, the systems inside the passenger saloon are used to announce that the vehicle is a Victoria Line train and at least one of the following items of information —
i
the destination of the vehicle;
ii
the next stop;
b
where under paragraph (2)(a) no announcement is made at a station as to the destination of the vehicle, that information is provided after leaving the station and before the vehicle stops at the next station;
c
where under paragraph (2)(a) no announcement is made at a station as to the next stop, that information is provided after leaving the station and before the vehicle stops at the next station.
3
The exemption from regulation 13(7) only applies if —
a
the system for visual announcements displays characters in a font which is used, as at the date this Order is made, in the digital font technology known as TrueType ;
b
all letters and numbers contrast with their background;
c
all letters and numbers are consistent with the table in Schedule 1, so that —
i
the height of upper case letters and numbers is at least the minimum height indicated in the relevant row of the second column of that table, and
ii
the height of lower case letters is at least the minimum height indicated in the relevant row of the third column of that table,
where the relevant row is determined by the type of information displayed as indicated in the first column of that table; and
d
the maximum viewing distance in a passenger saloon to the nearest visual announcement in the saloon is no greater than 3 metres.
4
The exemption from regulation 23(1) only applies —
a
in relation to a station named in the table in Schedule 2, until the end of the day indicated against its name in that table; and
b
in relation to Pimlico station, until step-free access is provided at that station.
Expiry
5
The exemptions from regulations 4(3)(b), 13(4) and 13(7) expire at the end of 31st December 2013.
Signed by authority of the Secretary of State for Transport
Andrew Adonis
Minister of State
Department for Transport
14th November 2008


text:
PART 1 GENERAL PROVISIONS
Citation, commencement and effect
1
1
This Order may be cited as the Companies Act 2006 (Consequential Amendments) (Taxes and National Insurance) Order 2008, and shall come into force on 6th April 2008.
2
Articles 8, 12, 21, 42, 47 and 52 have effect for periods of account beginning on or after 6th April 2008.
Overview of this Order
2
In this Order —
this Part contains general provisions;
Part 2 makes consequential amendments to primary legislation;
Part 3 makes consequential amendments to secondary legislation.
Consequential repeals
3
The consequential repeals in the Schedule to this Order have effect.
General saving
4
The amendments and repeals made by this Order do not affect the operation of section 1297 of the Companies Act 2006 (continuity of the law).
PART 2 CONSEQUENTIAL AMENDMENTS TO PRIMARY LEGISLATION COMING INTO FORCE ON 6TH APRIL 2008
The Tobacco Products Duty Act 1979 (c. 7)
Sections 7A to 7C: supplemental
5
In section 7D(4) of the Tobacco Products Duty Act 1979 for “section 258 of the Companies Act 1985 (c. 6) ” substitute “section 1162 of the Companies Act 2006”.
The Income and Corporation Taxes Act 1988 (c. 1)
Introduction
6
The Income and Corporation Taxes Act 1988 is amended as follows.
Reduction of vendor’s interest as shareholder
7
In section 221(7) for “Part VIII of the Companies Act 1985” substitute “Part 23 of the Companies Act 2006”.
Insurance companies: long term business other than life assurance business
8
In section 432YA(5) , in the definition of “long term business provision”, for “Schedule 9A to the Companies Act 1985” substitute “Schedule 3 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008”.
Insurance companies: apportionment of income and gains
9
In section 432A(8A) , in the definition of a reattribution that is “relevant”, for “section 425 of the Companies Act 1985” substitute “Part 26 of the Companies Act 2006”.
Share loss relief: the unquoted status requirement
10
In section 576H(3) (the unquoted status requirement) for the definition of debenture substitute —
“debenture” has the meaning given by section 738 of the Companies Act 2006,
.
Interpretation of sections 765 to 767
11
In section 767(5) for the definition of ““share”, “debenture” and “director”” substitute —
“share” has, in relation to any body corporate, the meaning given by Part 26 of the Companies Act 1985 in relation to a company;
“debenture” has, in relation to any body corporate, the meaning given by section 738 of the Companies Act 2006 in relation to a company;
“director” has, in relation to any body corporate, the meaning given by section 250 of the Companies Act 2006 in relation to a company;
.
Interpretation of section 804C in relation to other insurance business
12
In section 804E(7) for paragraph (b) substitute —
b
in the provisions of section B of Part 1 of Schedule 3 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 (the required formats) which relate to the profit and loss account format (within the meaning of sub-paragraphs (1) and (2) of paragraph 1 of that Schedule),
.
Interpretation of the Corporation Tax Acts
13
In section 834(1) , in the definition of “statutory insolvency arrangement”, for paragraph (b) substitute —
b
a compromise or arrangement that has taken effect under Part 26 of the Companies Act 2006, or
.
Cases where section 747(3) does not apply
14
1
Amend Schedule 25 as follows.
2
In paragraph 11A —
a
for sub-paragraph (4) substitute —
4
“Insurance group” shall be construed in accordance with section 1165(5) of the Companies Act 2006, but does not include such an insurance group if it falls within sub-paragraph (5) below.
;
b
in sub-paragraph (5) omit the words “(within the meaning of that Part as so read)”.
3
In paragraph 11B(3) —
a
in paragraph (a) for “section 247(5) of that Act 1985 or Article 255(5) of that Order” substitute “sections 382(5) and 465(5) of the Companies Act 2006”;
b
in paragraph (b) for “section 262(1) of that Act 1985 or Article 270(1) of that Order” substitute “section 474(1) of that Act”;
c
in paragraph (c) for “section 247(6) of that Act 1985 or Article 255 of that Order” substitute “sections 382(6) and 465(6) of that Act”.
Provisions not at arm’s length
15
In paragraph 5A of Schedule 28AA for sub-paragraph (4) substitute —
4
In this paragraph “dormant” has the same meaning as in section 1169 of the Companies Act 2006.
.
The Taxation of Chargeable Gains Act 1992 (c. 12)
Introduction
16
The Taxation of Chargeable Gains Act 1992 is amended as follows.
Meaning of “scheme of reconstruction”
17
In paragraph 5(a) of Schedule 5AA for paragraph (i) substitute —
i
to which Part 26 of the Companies Act 2006 (arrangements and reconstructions) applies,
.
Enterprise investment scheme: re-investment
18
1
Amend paragraph 14 of Schedule 5B as follows.
2
In sub-paragraph (5) —
a
in paragraph (a) for the words following “authorised minimum” to the end substitute —
(within the meaning of the Companies Act 2006) for the purposes of complying with the requirements of section 761 of that Act (public company: requirement as to minimum share capital);
;
b
in paragraph (b) for “section 117” substitute “section 761”.
3
Omit sub-paragraph (6).
The Finance Act 1993 (c. 34)
Meaning of “accounts” and other expressions
19
In section 92E(1) of the Finance Act 1993 —
a
in paragraph (a) for “Part 7 of the Companies Act 1985 or Part 8 of the Companies (Northern Ireland) Order 1986” substitute “Part 15 of the Companies Act 2006”;
b
in paragraph (c) for “Part 7 of the Companies Act 1985” substitute “Part 15 of the Companies Act 2006”.
The Value Added Tax Act 1994 (c. 23)
Disclosure of avoidance schemes
20
In paragraph 7(9) of Schedule 11A to the Value Added Tax Act 1994 for “Part 7 of the Companies Act 1985” substitute “section 1161 of the Companies Act 2006”.
The Finance Act 1996 (c. 8)
Money debts etc not arising from the lending of money
21
In section 100 of the Finance Act 1996 —
a
for subsection (10)(b) substitute —
b
in the case of a company carrying on insurance business, any deferred acquisition costs, within the meaning of Assets item G.II in the Balance Sheet Format set out after paragraph 10 of Schedule 3 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 as read with note (17) of the Notes on the Balance Sheet Format (which follow immediately after that format).
;
b
for subsection (11)(b) substitute —
b
in the case of a company carrying on insurance business —
i
any provision made by the company for unearned premiums, acquisition costs within the meaning of Liabilities item C.1 in the Balance Sheet Format set out after paragraph 10 of Schedule 3 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 as read with notes (12) and (20) of the Notes on the Balance Sheet Format (which follow immediately after that format);
ii
any provision for unexpired risks, as defined in paragraph 91 of that Schedule.
.
The Finance Act 1997 (c. 16)
Leasing arrangements: accounting purposes and normal accountancy practice
22
In paragraph 28(6) of Schedule 12 to the Finance Act 1997 for the words following “shall be construed” substitute “in accordance with section 1162 of the Companies Act 2006”.
The Finance Act 1998 (c. 36)
Introduction
23
The Finance Act 1998 is amended as follows.
Computation of profits of trade, profession or vocation
24
In section 42(2)(a) for “the Companies Act 1985 or the Companies (Northern Ireland) Order 1986” substitute “the Companies Act 2006 or subordinate legislation made under that Act”.
Company tax returns, assessments and related matters
25
1
Amend Schedule 18 as follows.
2
For paragraph 11 substitute —
Accounts required in case of Companies Act company
11
In the case of a company which —
a
is required to deliver a company tax return for a period,
b
is resident in the United Kingdom throughout that period, and
c
is required under the Companies Act 2006 to prepare accounts for a period consisting of or including the whole of that period,
the power to require the delivery of accounts as part of the return is limited to such accounts, containing such information and having annexed to them such documents, as are required to be prepared under that Act.
.
3
For paragraph 19 substitute —
Excuse for late delivery of return
19
A company is not liable to a penalty under paragraph 17 (flat rate penalty) if —
a
the period for which the return is required is one for which the company is required to deliver accounts under the Companies Act 2006, and
b
the return is delivered no later than the last day for the delivery of those accounts to the registrar of companies.
.
4
In paragraph 24 for sub-paragraph (7) substitute —
7
In sub-paragraph (6) “group” and “small group” have the same meaning as in sections 474(1) and 383 of the Companies Act 2006.
.
The Finance Act 2000 (c. 17)
The corporate venturing scheme
26
In paragraph 58 of Schedule 15 to the Finance Act 2000 —
a
in sub-paragraph (5) —
i
for “the Companies Act 1985” substitute “the Companies Act 2006”;
ii
for “section 117” (in both places) substitute “section 761”;
b
omit sub-paragraph (6).
The Capital Allowances Act 2001 (c. 2)
Introduction
27
The Capital Allowances Act 2001 is amended as follows.
Expenditure of small or medium-sized enterprises: companies
28
1
Amend section 47 as follows.
2
In subsection (4) —
a
for “Except in the case of a company formed and registered in Northern Ireland” substitute “In this section”;
b
in paragraph (a) for “section 247 of the Companies Act 1985” substitute “sections 382 and 465 of the Companies Act 2006”;
c
in paragraph (b) for “Part VII of the 1985 Act” substitute “section 390 of the Companies Act 2006”.
3
Omit subsection (5).
4
In subsection (6) —
a
in paragraph (a) for “the 1985 Act” substitute “the Companies Act 1985”;
b
in paragraph (b) for “the 1986 Order” substitute “the Companies (Northern Ireland) Order 1986”.
Expenditure of small or medium-sized enterprises: businesses
29
1
Amend section 48 as follows.
2
In subsection (8) —
a
for “Except in the case of a business carrying on a qualifying activity wholly or mainly in Northern Ireland” substitute “In this section”;
b
in paragraph (a) for “section 247 of the Companies Act 1985” substitute “sections 382 and 465 of the Companies Act 2006”;
c
in paragraph (b) for “Part VII of that Act” substitute “section 390 of the Companies Act 2006”.
3
Omit subsection (9).
Whether company is a member of a large or medium-sized group
30
1
Amend section 49 as follows.
2
In subsection (6) for paragraphs (a) and (b) substitute “sections 383 and 466 of the Companies Act 2006.”.
3
For subsection (8) substitute —
8
In this section —
“financial year” and “group” have the same meaning as in Part 15 of the Companies Act 2006;
“parent undertaking” and “subsidiary undertaking” have the same meaning as in section 1162 of that Act.
.
The Income Tax (Earnings and Pensions) Act 2003 (c. 1)
Introduction
31
The Income Tax Act (Earnings and Pensions) Act 2003 is amended as follows.
Approved SAYE option schemes
32
1
Amend Schedule 3 as follows.
2
In paragraph 37(4) for paragraphs (a) and (b) substitute “section 899 of the Companies Act 2006 (court sanction for compromise or arrangement)”.
3
In paragraph 38(2) for paragraphs (b) and (c) substitute —
b
obtains control of the scheme company as a result of a compromise or arrangement sanctioned by the court under section 899 of the Companies Act 2006 (court sanction for compromise or arrangement); or
c
becomes bound or entitled to acquire shares in the scheme company under sections 979 to 982 of that Act (takeover offers: right of offeror to buy out minority shareholder).
.
Approved CSOP schemes: exchange of options on company reorganisation
33
In paragraph 26(2) of Schedule 4 for paragraph (b) substitute —
b
obtains control of the scheme company as a result of a compromise or arrangement sanctioned by the court under section 899 of the Companies Act 2006 (court sanction for compromise or arrangement);
.
Enterprise management incentives: company reorganisations
34
In paragraph 39(2) of Schedule 5 for paragraph (b) substitute —
b
obtains control of such a company as a result of a compromise or arrangement sanctioned by the court under section 899 of the Companies Act 2006 (court sanction for compromise or arrangement);
.
The Income Tax (Trading and Other Income) Act 2005 (c. 5)
Introduction
35
The Income Tax (Trading and Other Income) Act 2005 is amended as follows.
Trade profits: generally accepted accounting practice
36
In section 25(2)(a) for “the Companies Act 1985 (c. 6) or the Companies (Northern Ireland) Order 1986 ( S.I. 1986/1032 (N.I. 6) )” substitute “the Companies Act 2006 or subordinate legislation made under that Act”.
Meaning of “statutory insolvency arrangement”
37
In section 259(1) for paragraph (b) substitute —
b
a compromise or arrangement that has taken effect under Part 26 of the Companies Act 2006
.
The Income Tax Act 2007 (c. 3)
Introduction
38
The Income Tax Act 2007 is amended as follows.
Repayment of authorised minimum within 12 months
39
1
Amend section 230 as follows.
2
In subsection (1) for paragraph (a) substitute —
a
a company issues share capital (“the original shares”) of nominal value equal to the authorised minimum (within the meaning of the Companies Act 2006) for the purposes of complying with section 761 of that Act (public company: requirement as to minimum share capital),
.
3
Omit subsection (3).
Deduction at source application
40
In section 895(6), in paragraph (b) of the definition of “registered”, for “section 207 of the Companies Act 1989 (c. 40) (transfer of securities without written instrument),” substitute “section 785 of the Companies Act 2006 (provision enabling procedures for evidencing and transferring title),”.
Meaning of “debenture”
41
In section 1022(1) for “section 744 of the Companies Act 1985 (c. 6) ” substitute “section 738 of the Companies Act 2006”.
The Finance Act 2007 (c. 11)
Technical provisions made by general insurers
42
In paragraph 3(10) of Schedule 11 to the Finance Act 2007 for “Schedule 9A to the Companies Act 1985 (c. 6) ” substitute “Schedule 3 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008”.
PART 3 CONSEQUENTIAL AMENDMENTS TO SECONDARY LEGISLATION COMING INTO FORCE ON 6TH APRIL 2008
The Value Added Tax Regulations 1995 ( S.I. 1995/2518 )
Introduction
43
The Value Added Tax Regulations 1995 are amended as follows.
Time of supply and time of acquisition: general
44
In regulation 94B(4) for “section 259 of the Companies Act 1985” substitute “section 1161 of the Companies Act 2006”.
Input tax and partial exemption: adjustment of attribution
45
In regulation 107E(2) for “section 259 of the Companies Act 1985” substitute “section 1161 of the Companies Act 2006”.
The Insurance Companies (Reserves) (Tax) Regulations 1996 ( S.I. 1996/2991 )
Interpretation
46
In regulation 2(2)(a) of the Insurance Companies (Reserves) (Tax) Regulations 1996 for “Part VII of the Companies Act 1985” substitute “Part 15 of the Companies Act 2006”.
The Non-Resident Companies (General Insurance Business) Regulations 1999 ( S.I. 1999/1408 )
Modifications of the Income and Corporation Taxes Act 1988
47
In regulation 4 of the Non-Resident Companies (General Insurance Business) Regulations 1999, in section 754AA(11)(a), for “sub-paragraph (4) of paragraph 52 of Schedule 9A to the Companies Act 1985” substitute “sub-paragraph (4) of paragraph 58 of Schedule 3 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008”.
The Stamp Duty Reserve Tax ( UK Depositary Interests in Foreign Securities) Regulations 1999 ( S.I. 1999/2383 )
Interpretation
48
In regulation 2 of the Stamp Duty Reserve Tax (UK Depositary Interests in Foreign Securities) Regulations 1999, in the definition of “depositary interest”, for “section 207 of the Companies Act 1989 (transfer of securities without written instrument)” substitute “section 785 of the Companies Act 2006 (provision enabling procedures for evidencing and transferring title)”.
The Stamp Duty and Stamp Duty Reserve Tax (Definition of Unit Trust Scheme and Open-ended Investment Company) Regulations 2001 ( S.I. 2001/964 )
Interpretation
49
In regulation 2(1) of the Stamp Duty and Stamp Duty Reserve Tax (Definition of Unit Trust Scheme and Open-ended Investment Company) Regulations 2001, in the definition of “qualifying EEA investment company”, for “section 266(2) of the Companies Act 1985” substitute “section 833(2) of the Companies Act 2006”.
The Social Security (Contributions) Regulations 2001 ( S.I. 2001/1004 )
Definition of “company”
50
In regulation 1(2) of the Social Security (Contributions) Regulations 2001, in the definition of “company”, for “section 718 of that Act, any provision of that Act” substitute “regulations made under section 1043 of the Companies Act 2006, any provision of those Acts”.
The Tobacco Products Regulations 2001 ( S.I. 2001/1712 )
Interpretation of Schedule
51
For paragraph 11 of the Schedule to the Tobacco Products Regulations 2001 substitute —
Interpretation
11
For the purposes of this Schedule —
a
“undertaking” has the meaning given by section 1161(1) of the Companies Act 2006, and
b
“parent undertaking” and “subsidiary undertaking” have the meanings given by section 1162 of that Act.
.
The Non-resident Insurance Companies Regulations 2003 ( S.I. 2003/2714 )
Interpretation: meaning of “technical provision”
52
In regulation 3(4) of the Non-resident Insurance Companies Regulations 2003 for “Schedule 9A to the Companies Act 1985” substitute “Schedule 3 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008”.
The Value Added Tax (Disclosure of Avoidance Schemes) (Designations) Order 2004 ( S.I. 2004/1933 )
Interpretation
53
In regulation 2(5) of the Value Added Tax (Disclosure of Avoidance Schemes) (Designations) Order 2004 for “section 259 of the Companies Act 1985” substitute “section 1161 of the Companies Act 2006”.
The Venture Capital Trust (Winding up and Mergers) (Tax) Regulations 2004 ( S.I. 2004/2199 )
Mergers of Venture Capital Trusts
54
In regulation 9(3)(b) of the Venture Capital Trust (Winding up and Mergers) (Tax) Regulations 2004 for “section 117 of the Companies Act 1985” substitute “section 761 of the Companies Act 2006”.
The Registered Pension Schemes (Audited Accounts) Regulations 2005 ( S.I. 2005/3456 )
Introduction
55
The Registered Pension Schemes (Audited Accounts) Regulations 2005 are amended as follows.
Specified descriptions of persons
56
In regulation 2 for paragraph (a) substitute —
a
a person specified in section 1212 of the Companies Act 2006 (individuals and firms: eligibility for appointment as a statutory auditor);
.
Circumstances in which a specified person is not to audit scheme accounts
57
In regulation 3 for “section 27 of the Companies Act 1989” substitute “section 1214 of the Companies Act 2006”.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
1st April 2008


text:
Citation and Commencement
1
These Regulations may be cited as the Immigration (Notices) (Amendment) Regulations 2008 and shall come into force on 1st April 2008.
Amendment of the Immigration (Notices) Regulations 2003
2
The Immigration (Notices) Regulations 2003 are amended as follows.
1
In regulation 5(1)(b), after “(h),” insert “(ha),”.
2
In regulation 5(6), after “88(4)” insert “88A(3),” and for “89(3)” substitute “89(2)”.
3
In regulation 7(1) —
a
in sub-paragraph (c), omit “.” and insert “;”;
b
at the end of sub-paragraph (c) insert —
d
sent electronically;
e
sent by document exchange to a document exchange number or address;
f
sent by courier; or
g
collected by the person who is the subject of the decision or their representative.
Liam Byrne
Minister of State
Home Office
10th March 2008


text:
Citation, Commencement and Interpretation
1
1
This Order may be cited as the Bail (Electronic Monitoring of Requirements) (Responsible Officer) Order 2008 and shall come into force on 3rd November 2008.
2
In this Order —
“curfew requirement” means a requirement imposed on a person as a condition of bail that the person remains, for periods specified in the requirement, at a place so specified;
“electronic monitoring requirement” means requirements imposed for the purpose of securing the electronic monitoring of a person’s compliance with any other requirement imposed on the person as a condition of bail;
“police area” has the meaning given by section 1 of the Police Act 1996 ; and
“responsible officer” means the person responsible under section 3AC(1) of the Bail Act 1976 for the monitoring, where an electronic monitoring requirement is imposed.
Responsible Officers
2
1
Where an electronic monitoring requirement is imposed for the purpose of securing compliance with a requirement imposed on a person as a condition of bail which relates to a place or area in a police area specified in Schedule 1 to this Order, the responsible officer must be an employee of Serco Limited, Serco House, 16 Bartley Wood Business Park, Bartley Way, Hook, Hampshire RG27 9UY (company number 00242246).
2
Where an electronic monitoring requirement is imposed for the purpose of securing compliance with a requirement imposed on a person as a condition of bail which relates to a place or area in a police area specified in Schedule 2 to this Order, the responsible officer must be an employee of G4S Justice Services Limited, Sutton Park House, 15 Carshalton Road, Sutton, Surrey SML 4LD (company number 00390328).
Electronic Monitoring Requirements and Multiple Bail Conditions
3
1
This article applies where —
a
an electronic monitoring requirement is imposed for the purpose of securing compliance with more than one requirement;
b
the requirements relate to different places or areas;
c
the places or areas are in different police areas; and
d
the police areas are specified in different Schedules to this Order.
2
If one of the requirements is a curfew requirement, then article 2 has effect as if the electronic monitoring requirement was imposed solely for the purpose of securing compliance with the curfew requirement.
3
In any other case, the court shall choose whichever of the police areas specified in paragraph (1)(c) as it thinks fit and the responsible officer will be of the description which would be specified in article 2 if the electronic monitoring requirement was imposed for the purpose of securing compliance with requirements which related solely to places or areas within that police area.
Revocation
4
The Bail (Electronic Monitoring of Requirements) (Responsible Officer) Order 2002 is revoked.
Signed by authority of the Secretary of State
Maria Eagle
Parliamentary Under Secretary of State
Ministry of Justice
13th October 2008


text:
1
This Order may be cited as the European Parliamentary Elections (Appointed Day of Poll) Order 2008 and shall come into force on 8th December 2008.
2
The day appointed for the poll at the next general election of Members of the European Parliament is 4th June 2009.
Signed by authority of the Secretary of State for Justice
Michael Wills
Minister of State
Ministry of Justice
3rd December 2008


text:
Citation and commencement
1
These Regulations may be cited as the International Transport of Goods under Cover of TIR Carnets (Fees) (Amendment) Regulations 2008 and shall come into force on 13th July 2008.
Increases in fees
2
1
The International Transport of Goods under Cover of TIR Carnet (Fees) Regulations 1988 shall be amended as follows.
2
In the regulations specified in column (1) of the Table below, for each amount specified in column (2) substitute the amount specified in column (3).
Table
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
3(i) 92 97 3(ii) 563 591 5(i) 61 64 5(ii) 92 97
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
5th June 2008
We consent to the making of these Regulations
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
13th June 2008


text:
PART 1 Introductory
Citation, commencement and interpretation
1
1
This Order may be cited as the General Chiropractic Council (Constitution) Order 2008 and —
a
apart from article 5(h), comes into force on 9th February 2009;
b
article 5(h) comes into force on the coming into force of section 44(1) of the Safeguarding Vulnerable Groups Act 2006 (registers: power to apply for vetting information).
2
In this Order —
“ the Act ” means the Chiropractors Act 1994;
“chair” means the chair of the General Council;
“final outcome”, in relation to any proceedings where there are rights of appeal, means the outcome of the proceedings —
once the period for bringing an appeal has expired without an appeal being brought; or
if an appeal is brought in accordance with those rights, once those rights have been exhausted;
“licensing body” means any body, other than the General Council, anywhere in the world that licenses or regulates any profession;
“member”, unless the context otherwise requires, means a registrant member or a lay member and includes the chair; and
“spent conviction” means —
in relation to a conviction by a court in Great Britain, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974 ; or
in relation to a conviction by a court in Northern Ireland, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders (Northern Ireland) Order 1978 .
PART 2 Membership of the General Chiropractic Council
Composition of the General Council
2
The General Council shall consist of 7 registrant members and 7 lay members.
Terms of office of members
3
1
The duration of the term of office of each member of the General Council shall be determined by the Privy Council, on appointment.
2
No member of the General Council may hold office as a member of the General Council for more than an aggregate of 8 years during any period of 20 years.
3
For the purposes of the computation of years under paragraph (2), service as a member of the General Council before 9th February 2005 is to be discounted.
Education and training of members
4
The General Council shall make provision in standing orders with respect to the requirements with regard to education and training of members of the General Council, and those standing orders may provide for —
a
that education and training to be the responsibility of another body; and
b
those requirements to be set and varied by that body from time to time.
Disqualification from appointment as a member
5
A person is disqualified from appointment as a member of the General Council if that person —
a
has at any time been convicted of an offence involving dishonesty or deception in the United Kingdom and the conviction is not a spent conviction;
b
has at any time been convicted of an offence in the United Kingdom, and —
i
the final outcome of the proceedings was a sentence of imprisonment or detention, and
ii
the conviction is not a spent conviction;
c
has at any time been removed —
i
from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners, the Charity Commission, the Charity Commission for Northern Ireland or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity —
aa
for which the person was responsible or to which the person was privy, or
bb
which the person by their conduct contributed to or facilitated, or
ii
under —
aa
section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities), or
bb
section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005 (powers of the Court of Session),
from being concerned with the management or control of any body;
d
has at any time been removed from office as the chair, member, convenor or director of any public body on the grounds, in terms, that it was not in the interests of, or conducive to the good management of, that body that the person should continue to hold that office;
e
at any time has been adjudged bankrupt or sequestration of the person’s estate has been awarded, and —
i
the person has not been discharged, or
ii
the person is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 or Schedule 2A of the Insolvency (Northern Ireland) Order 1989 (which relate to bankruptcy restrictions orders and undertakings);
f
has at any time made a composition or arrangement with, or granted a trust deed for, the person’s creditors and the person has not been discharged in respect of it;
g
is subject to —
i
a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 ,
ii
a disqualification order under Part II of the Companies (Northern Ireland) Order 1989 (company directors disqualification),
iii
a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 , or
iv
an order made under section 429(2) of the Insolvency Act 1986 (disabilities on revocation of a county court administration order);
h
has been included by —
i
the Independent Barring Board in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ), or
ii
the Scottish Ministers in the children’s list or the adults’ list (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 );
i
has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by any licensing body, the final outcome of which was —
i
the person’s suspension from a register held by the licensing body, and that suspension has not been terminated,
ii
the person’s erasure from a register held by the licensing body or a decision that had the effect of preventing the person from practising the profession licensed or regulated by the licensing body, or
iii
a decision that had the effect of only allowing the person to practise that profession subject to conditions, and those conditions have not been lifted;
j
has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by the General Council, in the course of which or where the final outcome was that —
i
the person’s registration in the register was suspended (including by an interim suspension order) and the order imposing that suspension has not been lifted,
ii
the person was removed from the register (for a reason connected to the person’s fitness to practise), or
iii
the person’s registration in the register was made subject to an order imposing conditions with which the person must comply (including by an interim conditions of practice order) and that order has not been lifted;
k
has at any time been subject to any investigation or proceedings relating to an allegation that the person’s entry in the register was fraudulently procured —
i
in the course of which the person’s registration was suspended and that suspension has not been terminated, or
ii
the final outcome of which was the removal of the person’s entry in the register;
l
is or has been subject to any investigation or proceedings concerning the person’s fitness to practise by —
i
any licensing body, or
ii
the General Council,
and the Privy Council is satisfied that the person’s membership of the General Council would be liable to undermine public confidence in the regulation of registrants; or
m
has at any time been convicted of an offence elsewhere than in the United Kingdom and the Privy Council is satisfied that the person’s membership of the General Council would be liable to undermine public confidence in the regulation of registrants.
Removal of members from office
6
1
A member shall be removed from office by the Privy Council, if —
a
the member resigns, which a member may do at any time by a notice in writing to the Privy Council;
b
in the case of —
i
a registrant member, that member’s registration lapses, or
ii
a lay member, that member becomes a person who no longer satisfies the criteria for being a lay member in paragraph 1A(1)(b) of the Schedule to the Act (membership: general);
c
the member becomes a person of the type mentioned in article 5(a), (b) or (e) to (h) (irrespective of whether or not they subsequently cease to be a person of the type mentioned in those provisions);
d
the member becomes a person of the type mentioned in article 5(c) or (d);
e
in the case of a registrant member, the member has become the subject of any investigation or proceedings concerning the member’s fitness to practise by the General Council, as a result of which —
i
the member’s registration in the register is suspended,
ii
the member is removed from the register, or
iii
the member’s registration in the register is made subject to an order imposing conditions with which the member must comply,
and the proceedings relating to that particular sanction have reached their final outcome;
f
in the case of a registrant member, the member has become the subject of any investigation or proceedings relating to an allegation that the member’s entry in the register was fraudulently procured or incorrectly made, the final outcome of which is the removal of the member’s entry in the register;
g
the Privy Council is satisfied that the member’s level of attendance at meetings of the General Council falls below a minimum level of attendance acceptable to the Privy Council, having regard to —
i
any recommended minimum levels of attendance that the General Council have set in their standing orders, and
ii
whether or not there were reasonable causes for the member’s absences;
h
the Privy Council is satisfied that the member has failed, without reasonable cause, to undertake satisfactorily the requirements with regard to education and training for members that apply to that member and which the General Council have included in their standing orders;
i
the Privy Council is satisfied that the member is no longer able to perform their duties as a member of the General Council because of adverse physical or mental health;
j
the Privy Council is satisfied that the member’s continued membership of the General Council would be liable to undermine public confidence in the regulation of registrants.
2
A member who becomes, or may be about to become, a person to whom paragraph (1)(b) to (f) applies must notify the Privy Council and the General Council in writing of that fact as soon as the person becomes aware of it.
3
Any member or employee of the General Council may notify the Privy Council if they are of the view that the Privy Council may need to exercise its functions under paragraph (1).
4
The chair shall notify the Privy Council if the chair is aware that —
a
a member has become, or may be about to become, a person to whom paragraph (1)(b) to (f) applies; and
b
that member has not notified the Privy Council in writing of that fact and the chair is not satisfied that the member will do so immediately.
Suspension of members from office
7
1
The Privy Council may suspend a member from office by a notice in writing served on the member —
a
if the Privy Council has reasonable grounds for suspecting that the member has become a person to whom article 6(1)(b)(ii) to (d) applies, for the purposes of determining whether or not the member has become such a person;
b
while the Privy Council is considering whether or not it is satisfied as to the matters set out in article 6(1)(g) to (j);
c
if the member is subject to any investigation or proceedings concerning the member’s fitness to practise by —
i
any licensing body, or
ii
the General Council,
and the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the General Council while the investigation or proceedings concerning the member’s fitness to practise is or are ongoing;
d
if the member is subject to any investigation or proceedings concerning whether the member’s entry in the register was fraudulently procured or incorrectly made and the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the General Council while the investigation or proceedings concerning the member’s entry in the register is or are ongoing; or
e
if the member is subject to any investigation or proceedings in the United Kingdom relating to a criminal offence, or in any other part of the world relating to an offence which, if committed in any part of the United Kingdom, would constitute a criminal offence, and —
i
either —
aa
the investigation or proceedings relate to an offence involving dishonesty or deception, or
bb
the final outcome of the investigation or proceedings may be that the person is sentenced to a term of imprisonment or detention, and
ii
the Privy Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the General Council while the investigation or proceedings is or are ongoing.
2
The Privy Council shall suspend a registrant member from office by a notice in writing served on the member if the member is the subject of an order under section 24 of the Act (interim suspension powers of the Professional Conduct Committee and the Health Committee).
3
The notice in writing under paragraph (1) or (2) shall set out the reasons for the suspension and the duration of the period of suspension, which shall (in the first instance) not be for more than 6 months.
4
The Privy Council may stay its consideration under paragraph (1) of whether or not to suspend a member while the General Council considers whether or not to suspend the member provisionally under standing orders of the General Council.
5
If a member has been suspended provisionally under standing orders of the General Council —
a
the General Council shall notify the Privy Council in writing of the provisional suspension as soon as is reasonably practicable; and
b
the Privy Council shall consider the matter with a view to determining whether or not to suspend the member under paragraph (1) or to remove the member under article 6(1).
6
If after considering the matter under paragraph (5)(b), the Privy Council decides not to suspend the member, and not to remove the member from office, the General Council must terminate its provisional suspension of the member under its standing orders.
7
The Privy Council —
a
may at any time review a suspension of a member by it; and
b
shall review any suspension of a member by it after 3 months from the start of the period of suspension, if requested to do so by the suspended member.
8
Following a review, the Privy Council may —
a
terminate the suspension;
b
if that review is within 3 months of the end of a period of suspension, extend the suspension for a further period of up to 6 months from the date on which the suspension would otherwise come to an end.
9
The Privy Council shall notify the suspended member in writing of the outcome of any review and that notice shall include the reasons for any decision taken.
PART 3 Chair of the General Council
Appointment, term of office and cessation of office of the chair
8
1
The Privy Council shall, as one of its functions relating to the appointment of members of the General Council, appoint the chair of the General Council.
2
The Privy Council may appoint a person to be chair of the General Council —
a
when it appoints that person to be a member of the General Council; or
b
whom it has already appointed as a member of the General Council.
3
The term of office of a member of the General Council as chair shall be determined by the Privy Council on appointment of the member as chair, but it shall be for a period that is no longer than the period between the chair’s date of appointment as chair and the date on which the chair’s term of office as a member is due to expire (irrespective of whether or not they are thereafter reappointed as a member).
4
A member serving as chair shall cease to be chair —
a
on ceasing to be a member;
b
if the member resigns as chair, which the member may do at any time by a notice in writing to the Privy Council;
c
if the member’s membership of the General Council is suspended by the Privy Council; or
d
if a majority of the General Council, excluding the chair (but not simply a majority at a quorate meeting) passes a vote of no confidence in the chair.
Deputising arrangements in respect of the chair
9
1
Subject to paragraph (2), if, for any reason, the chair is absent from a meeting of the General Council, the members who are present at that meeting shall nominate one of their number to serve as chair at that meeting.
2
If, for any reason —
a
the General Council is on notice that their chair is likely —
i
to be absent for more than one meeting of the General Council, or
ii
to be unavailable to perform the duties of a chair for more than one month; or
b
the office of chair is vacant,
the General Council may nominate a member (“deputy chair”) to serve as chair during the absence or unavailability of the chair or the vacancy.
3
A member serving as deputy chair shall cease to be deputy chair —
a
in the case of —
i
the absence or unavailability of the chair, on the date which the chair notifies the General Council in writing is the date on which they are able to resume their duties, or
ii
the office of chair being vacant, once the vacancy is filled;
b
if the member ceases to be a member;
c
if the member resigns as deputy chair, which the member may do at any time by a notice in writing to the General Council;
d
if the member’s membership of the General Council is provisionally suspended by the General Council or suspended by the Privy Council; or
e
if the General Council votes (by a majority at a quorate meeting) to terminate the member’s appointment as deputy chair.
PART 4 Proceedings of the General Council
Quorum of the General Council
10
The quorum of the General Council shall be 8.
Effect of vacancies etc. on the validity of proceedings
11
1
The validity of any proceedings of the General Council shall not be affected by —
a
any vacancy among the members of the General Council;
b
any defect in the appointment of a member of the General Council;
c
a member whom the Privy Council must remove from the General Council under article 6(1)(b) to (f) participating in the proceedings;
d
a member whom the Privy Council has removed under article 6(1) having participated in the proceedings; or
e
a member who has been provisionally suspended by the General Council under its standing orders or suspended by the Privy Council under article 7(1) or (2) having participated in the proceedings.
2
Notwithstanding paragraph (1)(c), a member whom the Privy Council must remove from the General Council under article 6(1)(b) to (f) is not entitled to participate in proceedings of the General Council, pending the member’s removal from the General Council by the Privy Council.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Trade Marks (International Registration) Order 2008 and shall come into force on 1st October 2008.
Interpretation
2
In this Order —
“ the Act ” means the Trade Marks Act 1994 and “section” means a section of that Act;
“ Common Regulations ” means the regulations adopted under article 10 of the Madrid Protocol with effect from 1 April 1996 and as amended with effect from 1 April 2002;
“concurrent registered trade mark” means a trade mark as defined in Schedule 4, paragraph 2;
“date of the international registration” means the date of the international registration under Article 3(4) of the Madrid Protocol;
“international application” means an application by way of the Patent Office as office of origin to the International Bureau for registration of a trade mark in the International Register ;
“International Register” means the register of trade marks maintained by the International Bureau for the purposes of the Madrid Protocol;
“international registration” means a registration of a trade mark in the International Register;
“protected international trade mark ( UK )” means an international registration which is the subject of a request for extension and which is protected in accordance with section 38 as modified by Schedule 2, paragraph 6 and references to “protection” and “protected” shall be construed accordingly;
“request for extension” means a request for an extension of protection to the United Kingdom under Article 3 ter (1) or (2) of the Madrid Protocol which has been notified by the International Bureau;
“the Relative Grounds Order ” means the Trade Marks (Relative Grounds) Order 2007 ;
“supplementary register” means the register of international trade marks (UK) required to be maintained under section 63 as modified by Schedule 2, paragraph 8 ;
“the Trade Marks Rules ” means the Trade Marks Rules 2008 and “trade marks rule” shall be construed accordingly.
International trade marks (UK)
3
1
An international registration which is the subject of a request for extension shall be entitled to protection subject to the provisions of the Act, the Relative Grounds Order and the Trade Marks Rules as applied by this Order if the particulars of the request for extension were contained in an application for registration of a trade mark under the Act and such application would satisfy the requirements of the Act (including any imposed by the Trade Mark Rules).
2
Subject to paragraph (3) a protected international trade mark (UK) shall be treated as if it were a trade mark registered under the Act and the holder shall have the same rights and remedies but shall be subject to the same conditions as the proprietor of a registered trade mark.
3
The provisions of the Act (except those listed in Schedule 1, Part 1), the Relative Grounds Order and the Trade Marks Rules (except those listed in Schedule 1, Part 2) shall apply to international trade marks (UK) and requests for extension with the following modifications;
a
references to a registered trade mark shall include references to a protected international trade mark (UK);
b
references to a proprietor of a registered trade mark shall include references to the holder of a protected international trade mark (UK);
c
references to an application for registration of a trade mark shall include references to a request for extension;
d
references to an applicant for registration shall include references to the holder of an international registration in respect of which a request for extension has been made;
e
references to registration of a trade mark shall include the conferring of protection on an international registration which is the subject of a request for extension;
f
references to the goods or services for which a trade mark is registered shall include references to the goods or services in respect of which a protected international trade mark (UK) confers protection;
g
references to the publication of the application include references to the publication of the notice of details of the international registration in the Journal;
h
references to the register are to the supplementary register;
i
the modifications set out in Schedule 2; and
j
such further modifications as the context requires for the purpose of giving effect to those provisions as applied by this Order.
International applications originating in the United Kingdom
4
The provisions set out in Schedule 3 shall apply in relation to the making of applications for international registration by way of the Patent Office as office of origin.
Concurrent registrations and transformation applications
5
The provisions set out in Schedule 4 shall apply in relation to —
a
the effects of international registration where a trade mark is also registered under the Act; and
b
the transformation of an application for an international registration, or an international registration, into an application for registration of a trade mark under the Act.
Miscellaneous and General Provisions
6
The provisions set out in Schedule 5 shall apply.
Fees
7
The fees to be paid in respect of any matters arising under this Order shall be those specified in Schedule 6.
Revocations and transitional provisions
8
1
The instruments set out in Schedule 7 are revoked (“the previous Orders”).
2
Where immediately before this Order comes into force any time period prescribed by the previous Orders has effect in relation to any act or proceeding and has not expired, the time or period prescribed by the previous Orders and not by this Order shall apply to that act or proceeding.
3
Except as provided by paragraph (4), where a new step is to be taken on or after 1st October 2008 in relation to any proceedings commenced under the previous Orders this Order shall apply to such proceedings from that date.
4
Subject to paragraph (5), where prior to the entry into force of this Order:
a
A Form TM8 and counter-statement have been filed in
i
opposition proceedings; or
ii
proceedings for the revocation of a trade mark on the grounds set out in section 46(1)(c) or (d); or
iii
invalidation proceedings; or
b
an application for revocation of a trade mark on the grounds set out in section 46(1)(a) or (b) has been filed,
the previous Orders shall apply with regard to the filing of any evidence in relation to those proceedings.
5
Where proceedings as described in paragraph (4) are consolidated with proceedings commenced on or after 1st October 2008 this Order shall apply with regard to the filing of any evidence in relation to those consolidated proceedings.
Bill Rammell
Minister of State, Lifelong Learning, Further and Higher Education
Department for Innovation Universities and Skills
13th August 2008


text:
Citation and commencement
1
These Regulations may be cited as the Child Support (Consequential Provisions) (No. 2) Regulations 2008 and shall come into force on 1st November 2008.
The Employment Act 2002
2
In section 13(2) of the Employment Act 2002 (supply of information held by the Board) —
a
in paragraphs (a) and (b), after “Secretary of State” in each place it occurs, insert “, the Child Maintenance and Enforcement Commission”; and
b
after “war pensions” add “and in relation to the Child Maintenance and Enforcement Commission, any function of that Commission”.
The Sexual Offences Act 2003
3
1
The Sexual Offences Act 2003 is amended as follows.
2
In section 94 (Part 2: supply of information to Secretary of State etc for verification) —
a
in subsection (2) —
i
after paragraph (a) insert —
aa
the Child Maintenance and Enforcement Commission,
; and
ii
in paragraph (c), after “Secretary of State” insert “, the Child Maintenance and Enforcement Commission”;
b
in subsection (4), in paragraph (a)(i) after “Secretary of State” insert “, the Child Maintenance and Enforcement Commission”; and
c
in subsection (8), in the definition of “relevant function” after paragraph (a) insert —
aa
in relation to the Child Maintenance and Enforcement Commission, any function of that Commission,
.
3
In section 95 (Part 2: supply of information by Secretary of State etc) —
a
in subsection (1), after paragraph (a) insert —
aa
the Child Maintenance and Enforcement Commission,
; and
b
in subsection (3)(a), after “Secretary of State” insert “, the Child Maintenance and Enforcement Commission”.
The Social Security and Child Support (Decisions and Appeals) Regulations 1999
4
1
Regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (interpretation) is amended as follows.
2
After the definition of “clerk to the appeal tribunal” insert —
“the Commission” means the Child Maintenance and Enforcement Commission;
.
3
In paragraph (a) of the definition of “official error” —
a
after the words “Work and Pensions” insert “, the Commission”; and
b
after the words “the Department” insert “, the Commission” in each place it occurs.
4
In the definition of “party to the proceedings” after “the Secretary of State” insert “or where the proceedings relate to child support, the Commission”.
James Purnell
Secretary of State for Work and Pensions
7th October 2008


text:
Citation and commencement
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Amendment) Regulations 2008 and shall come into force on 1st October 2008.
Amendment of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996
2
1
The Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 are amended in accordance with this regulation.
2
In regulation 12(11) (death of member before effect given to his protected rights) —
a
at the end of sub-paragraph (a), insert “and”, and
b
omit sub-paragraph (c) and the word “and” immediately preceding it.
Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997
3
1
The Personal Pension Schemes (Appropriate Schemes) Regulations 1997 are amended in accordance with this regulation.
2
In regulation 1(2) (interpretation) , omit the definitions of “deposit-taker”, “ EEA State”, “Friendly Society”, “Home state regulator”, “open-ended investment company”, “recognised scheme”, “ UCITS ” and “unit trust scheme”.
3
For regulation 2 (forms of schemes which may be appropriate schemes) , substitute —
Forms of schemes which may be appropriate schemes
2
A personal pension scheme can be an appropriate scheme only if it is a scheme which is, or is treated as, registered under section 153 of the Finance Act 2004 (registration of pension schemes) .
.
4
Omit regulation 3 (persons who and bodies which may establish schemes) .
5
Omit sub-paragraphs (e) and (f) of regulation 4(1) (requirements in respect of an application for an appropriate scheme certificate).
6
In regulation 6 (requirement to give information) —
a
at the end of paragraph (b)(ii), insert “and”, and
b
omit paragraph (b)(iii).
7
Omit regulation 18 (cancellation of membership of interest-bearing account-funded appropriate personal pension schemes).
8
Omit Schedules 1 (kinds of unit trust scheme that may be an appropriate scheme) and 2 (information to be included in notice).
Revocations
4
Regulation 4 (amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997) of the Occupational and Personal Pension Schemes (Perpetuities and Contracting-out) Amendment Regulations 2001 is revoked.
5
The Personal Pension Schemes (Appropriate Schemes) (Amendment) Regulations 2006 are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
23rd July 2008