text:
PART 1 PRELIMINARY
Citation and commencement
1
This Order may be cited as the Network Rail (Thameslink) (Land Acquisition) Order 2008 and shall come into force on 29 th December 2008.
Interpretation
2
1
In this Order —
“the 1961 Act ” means the Land Compensation Act 1961 ;
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the 2006 Order ” means the Network Rail (Thameslink 2000) Order 2006 ;
“authorised works” means Works Nos. 10 and 13 authorised by the 2006 Order;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order;
“ Network Rail ” means Network Rail Infrastructure Limited;
“ the tribunal ” means the Lands Tribunal; and
“the undertaking” means the railway undertaking of Network Rail as from time to time existing.
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space over its surface.
3
All measurements stated in any description of lands in the book of reference shall be construed as if the words “or thereabouts” were inserted after each measurement.
PART 2 ACQUISITION OF LAND
Power to acquire land
3
Network Rail may acquire compulsorily so much of the land shown coloured pink and edged black on the land plans and described in the book of reference, or such estates, interests, easements, or other rights in or over that land, as may be required for or in connection with the authorised works and it may use any land so acquired for those purposes or for any other purposes ancillary to the undertaking.
Application of Part 1 of the Compulsory Purchase Act 1965
4
1
Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order —
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies; and
b
as if this Order were a compulsory purchase order made under that Act.
2
Part 1 of the 1965 Act, as so applied, shall have effect as if section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted.
Application of the Compulsory Purchase (Vesting Declarations) Act 1981
5
1
The Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Order were a compulsory purchase order.
2
The Compulsory Purchase (Vesting Declarations) Act 1981, as so applied by paragraph (1), shall have effect with the following modifications.
3
In section 3 (preliminary notices) for subsection (1) there shall be substituted —
1
Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) in a notice which is —
a
given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and
b
published in a local newspaper circulating in the area in which the land is situated.
.
4
In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)” and after “given” there shall be inserted “and published”.
5
In that section, for subsections (5) and (6) there shall be substituted —
5
For the purposes of this section, a person has a relevant interest in land if —
a
that person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or
b
that person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.
.
6
In section 5 (earliest date for execution of declaration) —
a
in subsection (1), after “publication” there shall be inserted “in a local newspaper circulating in the area in which the land is situated”; and
b
subsection (2) shall be omitted.
7
In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” shall be omitted.
8
References to the 1965 Act shall be construed as references to that Act as applied to the acquisition of land under article 3 (power to acquire land).
Power to acquire new rights
6
1
Network Rail may acquire compulsorily such easements or other rights over any land referred to in article 3 (power to acquire land) as may be required for any purpose for which that land may be acquired under that article, by creating them as well as by acquiring easements or other rights already in existence.
2
Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 7 to the 2006 Order, as applied by article 15 (application of provisions of the 2006 Order)), where Network Rail acquires a right over land under paragraph (1) it shall not be required to acquire a greater interest in that land.
3
Schedule 7 (modification of compensation and compulsory purchase enactments for creation of new rights) to the 2006 Order, as applied by article 15 (application of provisions of the 2006 Order), shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Power to acquire subsoil only
7
1
Network Rail may acquire compulsorily so much of, or such rights in, the subsoil of the land referred to in article 3 (power to acquire land) as may be required for any purpose for which that land may be acquired under that article instead of acquiring the whole of the land.
2
Where Network Rail acquires any part of or rights in the subsoil of land under paragraph (1) it shall not be required to acquire an interest in any other part of the land.
3
Paragraph (2) shall not prevent article 11 (acquisition of part of certain properties) from applying where Network Rail acquires a cellar, vault, arch or other construction forming part of a building or manufactory.
Rights under or over streets
8
1
Network Rail may enter upon and appropriate so much of the subsoil of, or air-space over, any street within the land referred to in article 3 (power to acquire land) as may be required for the purposes of the authorised works and may use the subsoil or air-space for those purposes or any other purpose ancillary to its railway undertaking.
2
Subject to paragraph (4), the power under paragraph (1) may be exercised in relation to a street without Network Rail being required to acquire any part of the street or any easement or right in the street.
3
Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without Network Rail acquiring any part of that person’s interest in the land, and who suffers loss by the exercise of that power, shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
4
Paragraph (2) shall not apply in relation to —
a
any subway or underground building; or
b
any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.
5
Compensation shall not be payable under paragraph (3) to any person who is an undertaker to whom section 85 of the New Roads and Street Works Act 1991 applies in respect of measures of which the allowable costs are to be borne in accordance with that section.
Disregard of certain interests and improvements
9
1
In assessing the compensation payable to any person on the acquisition from that person of any land under this Order, the tribunal shall not take into account —
a
any interest in land; or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Set-off for enhancement in value of retained land
10
1
In assessing the compensation payable to any person in respect of the acquisition from him under this Order of any land (including the subsoil) the tribunal shall set-off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to that person by reason of the construction of the authorised works.
2
In assessing the compensation payable to any person in respect of the acquisition from him of any new rights over land (including the subsoil) under article 6 (power to acquire new rights), the tribunal shall set-off against the value of the rights so acquired —
a
any increase in the value of the land over which the new rights are required; and
b
any increase in the value of any contiguous or adjacent land belonging to that person in the same capacity,
which will accrue to that person by reason of the construction of the authorised works.
3
The 1961 Act shall have effect, subject to paragraphs (1) and (2), as if this Order were a local enactment for the purposes of that Act.
Acquisition of part of certain properties
11
1
This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 4 (application of Part 1 of the Compulsory Purchase Act 1965)) in any case where —
a
a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house, building or manufactory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”); and
b
a copy of this article is served on the owner with the notice to treat.
2
In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on Network Rail a counter-notice objecting to the sale of the land subject to the notice to treat which states that the owner is willing and able to sell the whole (“the land subject to the counter-notice”).
3
If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.
4
If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless Network Rail agrees to take the land subject to the counter-notice, be referred to the tribunal.
5
If on such a reference the tribunal determine that the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice; or
b
in the case of part of the land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the owner shall be required to sell the land subject to the notice to treat.
6
If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice; or
b
in the case of part of the land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the notice to treat shall be deemed to be a notice to treat for that part.
7
If on such a reference the tribunal determine that —
a
the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but
b
the material detriment is confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which Network Rail is authorised to acquire compulsorily under this Order.
8
If Network Rail agrees to take the land subject to the counter-notice, or if the tribunal determine that —
a
none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and
b
the material detriment is not confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which Network Rail is authorised to acquire compulsorily under this Order.
9
In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, Network Rail may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and if it does so shall pay the owner compensation for any loss or expense occasioned to the owner by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.
10
Where the owner is required under this article to sell only part of a house, building or manufactory or of land consisting of a house with a park or garden, Network Rail shall pay the owner compensation for any loss sustained by the owner due to the severance of that part in addition to the value of the interest acquired.
Extinction of private rights of way
12
1
All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished —
a
as from the date of acquisition of the land by Network Rail, whether compulsorily or by agreement; or
b
on the date of entry on the land by Network Rail under section 11(1) of the 1965 Act,
whichever is the sooner.
2
All private rights of way over land owned by Network Rail which, being the land which may be acquired shown on the land plans, are required for the purposes of this Order shall be extinguished on the appropriation of the land for any of those purposes by Network Rail.
3
Any person who suffers loss by the extinguishment of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
4
This article does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc. ) or paragraph 2 of Schedule 9 (provisions relating to statutory undertakers etc.) to the 2006 Order, as applied by article 15 (application of provisions of the 2006 Order), applies.
Time limit for exercise of powers of acquisition
13
After the end of the period of 5 years beginning with the day on which this Order comes into force —
a
no notice to treat shall be served under Part 1 of the 1965 Act as applied to the acquisition of land by article 4 (application of Part 1 of the Compulsory Purchase Act 1965); and
b
no declaration shall be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 5 (application of the Compulsory Purchase (Vesting Declarations) Act 1981).
Disapplication of provisions in undertakings and agreement relating to land at Borough Market
14
1
To the extent that any provision of an undertaking or agreement specified in paragraph (2) is inconsistent with the provisions of this Order, that provision shall cease to have effect.
2
The undertakings and the agreement mentioned in paragraph (1) are the —
a
undertaking given by Railtrack PLC to Higham Nobbs Consulting Limited dated 9th May 2001;
b
undertaking given by Railtrack PLC to the Peer Group PLC dated 23rd July 2001;
c
agreement made between Railtrack PLC and The Corporation of Wardens of the Parish of St Saviours, Southwark dated 15th February 2002.
PART 3 MISCELLANEOUS AND GENERAL
Application of provisions of the 2006 Order
15
The following provisions of the 2006 Order shall have effect in relation to this Order as they have effect in relation to the 2006 Order —
article 2 (interpretation), so far as it relates to the provisions mentioned below;
article 46 (statutory undertakers etc.);
article 47 (protective provisions);
article 49 (service of notices);
article 50 (no double recovery);
article 51 (arbitration);
Schedule 7 (modification of compensation and compulsory purchase enactments for creation of new rights);
Schedule 9 (provisions relating to statutory undertakers etc.);
Schedule 10 (protective provisions) (Parts 1 to 4).
Certification of plans etc.
16
Network Rail shall, as soon as practicable after the making of this Order, submit copies of the book of reference and the land plans to the Secretary of State for certification that they are, respectively, true copies of the book of reference and land plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Signed by authority of the Secretary of State
Ellis Harvey
Head of the Transport and Works Act Orders Unit
Department for Transport
5th December 2008


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Crossrail (Planning Appeals) (Written Representations Procedure) (England) Regulations 2008, and shall come into force on 1st December 2008.
Interpretation and notices, etc.
2
1
In these Regulations:
“ the Act ” means the Crossrail Act 2008, and “Schedule 7” means Schedule 7 to the Act;
“the appellant” means the nominated undertaker
“approval” means approval under Part 2 or Part 3 of Schedule 7;
“authority” means relevant local authority for the purposes of paragraph 1 of Schedule 7;
“electronic transmission” means a communication transmitted —
by means of an electronic communications network; or
by other means, but while in electronic form;
“in writing” includes electronic transmission in written form;
“request” means a request for approval under the planning permission deemed to be granted by section 10(1) of the Act;
“starting date” means the date stated in the written notice under regulation 6(a), and
“third party” means any person who has been notified or consulted in accordance with Schedule 7 about a request, or has submitted representations to the authority about that request.
2
Any notice, questionnaire, statement or representation submitted pursuant to these Regulations shall be in writing.
3
Where —
a
any notice of appeal is given under paragraph 30 of Schedule 7;
b
any notice is served pursuant to regulation 7(1);
c
any questionnaire or statement is submitted or copied pursuant to regulation 8; or
d
any representations are submitted or copied pursuant to regulation 7, 9 or 10 —
which makes reference to another document, a copy of that other document (or of the relevant part of it) shall be submitted served or copied (as the case may be) in a like manner and within the period specified for the submission, service or copying of the relevant document mentioned in subparagraph (a), (b), (c) or (d).
Application
3
These Regulations shall apply to any appeal which is made under paragraph 30 Schedule 7, and which is not the subject of a direction made pursuant to paragraph 34(1) of that Schedule.
Service of Notices etc.
4
1
Notices or representations required to be submitted or copied under any of the provisions of these Regulations may be sent —
a
by post; or
b
subject to paragraphs (2) to (5), by electronic transmission.
2
Where a notice or representation required to be submitted or copied for the purposes of these Regulations is submitted or copied by electronic transmission the requirement shall be taken to be fulfilled where the recipient of the notice or representation to be transmitted, has given his consent in writing to the use of electronic transmission.
3
Where the recipient of a notice or representation submitted or copied by electronic transmission notifies the sender within 7 days of receipt that he requires a paper copy of all or any part of that notice or representation, the sender shall provide such a copy as soon as is reasonably practicable.
4
A person may revoke his consent to the use of electronic transmission in accordance with paragraph (5).
5
Where a person is no longer willing to accept the use of electronic transmission for the purposes of these Regulations —
a
he shall give notice in writing revoking any consent given by him for that purpose; and
b
such revocation shall be final and shall take effect on the date specified by the person in the notice but that date shall not be less than 7 days after the date on which the notice is given.
Notice of appeal
5
1
Notice of appeal under paragraph 30(1) of Schedule 7 shall be given to the appropriate Ministers and the authority in the form prescribed in Schedule 1 .
Notice of receipt of appeal
6
The appropriate Ministers shall, as soon as reasonably practicable after receipt of the notice of appeal, notify the appellant and the authority in writing of —
a
the date from which the process for deciding the appeal is to be taken to start;
b
the reference number allocated to the appeal
c
the address of the site to which the appeal relates; and
d
the address to which written communications to the appropriate Ministers about the appeal are to be sent.
Notice to, and representations by, third parties
7
1
The authority shall, within a period of 7 days beginning with the starting date, serve notice on all third parties informing them of the appeal.
2
A notice under paragraph (1) shall —
a
summarise the request to which the appeal relates, and the grounds of the appeal;
b
contain the information specified in regulation 6;
c
inform third parties that they may, within a period of 21 days beginning with the starting date, submit representations to the appropriate Ministers in respect of the appeal;
d
state that the appropriate Ministers will copy those representations to the appellant and to the authority;
e
state that copies of any representations already submitted to the authority about the request (other than representations which were not taken into account because the maker requested they be treated as confidential) will be sent by the authority to the appropriate Ministers and the appellant.
3
Any representations submitted pursuant to paragraph (2)(c) and any copies of representations mentioned in paragraph (2)(e) shall be submitted to the appropriate Ministers within a period of 21 days beginning with the starting date.
4
An authority submitting a copy of representations to the appropriate Ministers pursuant to paragraph (2)(e) shall at the same time send a copy to the appellant.
5
The appropriate Ministers shall, on receipt of representations made pursuant to paragraph (2)(c), at the same time send a copy of them to the appellant and to the authority.
Submission of questionnaire and statement by the authority
8
1
The authority shall, within a period of 14 days beginning with the starting date, submit to the appropriate Ministers a completed questionnaire in the form prescribed in Schedule 2.
2
The authority shall at the same time send a copy of that questionnaire to the appellant.
3
If the authority wishes to submit a statement in addition to the questionnaire mentioned in paragraph (1), it shall:
a
within a period of 14 days beginning with the starting date, serve notice on the appropriate Ministers and on the appellant of its intention to submit such a statement; and
b
within a period of 21 days beginning with the starting date, submit the statement to the appropriate Ministers, at the same time sending a copy of it to the appellant.
4
The questionnaire referred to in paragraph (1) and the statement referred to in paragraph (3) shall state the date on which it is submitted to the appropriate Ministers.
Representations by the appellant and by the authority
9
1
The appellant may submit to the appropriate Ministers representations in response to:
a
the authority’s questionnaire copied to it pursuant to regulation 8(2); and
b
the authority’s statement (if any) copied to it pursuant to regulation 8(3)(b).
2
Representations pursuant to paragraph (1)(a) shall be sent within a period of 7 days beginning with the date of submission by the authority of the copy of the authority’s questionnaire, and those pursuant to paragraph (1)(b) within a period of 7 days beginning with the date of submission by the authority of the copy of the authority’s statement.
3
Any representations submitted pursuant to paragraph (1) shall be dated and submitted to the appropriate Ministers on the date they bear, and the appellant shall at the same time send a copy of them to the authority.
4
The appellant and the authority may submit to the appropriate Ministers representations in response to any third party representations submitted to those Ministers pursuant to regulation 7(2)(c).
5
Representations pursuant to paragraph (4) shall be submitted within 7 days of receipt of any third party representations.
Closing representations in respect of new matters
10
Where the appellant submits representations pursuant to regulation 9(1), and those representations raise a new matter, the authority may, within a period of 14 days beginning with the date of the appellant’s submission of a copy of those representations pursuant to regulation 9(3), submit to the appropriate Ministers representations in respect of that new matter, copying them at the same time to the appellant.
Allowing further time
11
The appropriate Ministers may in a particular case give directions setting later time limits than those prescribed by these Regulations.
Power of determiner
12
1
In this regulation —
“representations” includes any questionnaire or statement submitted or to be submitted by the appellant or authority pursuant to these Regulations; and
“the determiner” means the appropriate Ministers or the person appointed to determine the appeal pursuant to paragraph 32 of Schedule 7, as the case may be.
2
The determiner may, at any time after the expiry of:
a
a period of 7 days beginning either with the date the authority sent the appellant a copy of its questionnaire or, where the authority submits a statement pursuant to regulation 8(3), the date the authority sent the appellant a copy of that statement; or
b
where applicable, the period of 14 days mentioned in regulation 10 —
whichever is the later proceed to a decision, taking into account only those representations and supporting documents as were submitted before the expiry of the relevant period.
3
Where no representations are submitted within the period mentioned in regulation 7(2)(c), the determiner may proceed to a decision if:
a
it appears to the determiner that sufficient material has been submitted to enable the determiner to reach a decision on the merits of the case; and
b
notice has been given by the determiner to the appellant and to the authority of the determiner’s intention to proceed to a decision notwithstanding that no representations have been submitted within that period.
Signed by authority of the Secretary of State for Transport
Andrew Adonis
Minister of State
Department for Transport
10th November 2008
Signed by authority of the Secretary of State for Communities and Local Government
Kay Andrews
Parliamentary Undersecretary of State
Department of Communities and Local Government
10th November 2008


text:
Title, Commencement and Interpretation
1
1
The title of this Order is the Ceredigion and Mid Wales National Health Service Trust (Transfer of Staff, Property, Rights and Liabilities) Order 2008 and it comes into force on 1 April 2008.
2
In this Order unless the context otherwise requires:
“new trust” (“ ymddiriedolaeth newydd ”) means the Hywel Dda National Health Service Trust established on 12 March 2008;
“old trust” (“ hen ymddiriedolaeth ”) means Ceredigion and Mid Wales National Health Service Trust established on 16 November 1992;
“transfer date” (“ dyddiad trosglwyddo ”) means the 1 April 2008.
Transfer of employees to the transferee
2
1
Subject to paragraph (3), any person who immediately before the transfer date, was employed by the old trust shall have his or her contract of employment transferred to the new trust on the transfer date and that contract will have effect as if originally made between the person so employed and the new trust.
2
Without prejudice to paragraph (1) above —
a
all the rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies will, by virtue of this article, be transferred to the new trust on the transfer date;
b
anything done before that date by, or in relation to, the old trust in respect of that contract or that employee, will be deemed from the transfer date to have been done by, or in relation to, the new trust.
3
Paragraphs (1) and (2) are without prejudice to any right of any employee to terminate his or her contract of employment if a substantial change is made to his or her detriment in his or her working conditions, but no such right arises by reason only of the change in employer effected by this article.
Transfer of property, rights and liabilities
3
On the transfer date all the property, rights and liabilities of the old trust, not referred to in article 2 above, are transferred to the new trust, including without limitation —
a
the duty to prepare the outstanding accounts of the old trust and to perform all statutory duties relating to those accounts;
b
the trust property of the old trust listed in Schedule 1;
c
the charities of the old trust listed in Schedule 2.
Transfer of functions of the old trust to the new trust
4
With effect from the transfer date, all the functions of the old trust are transferred to the new trust.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
28 March 2008


text:
1
This Order may be cited as the Road Traffic Offenders (Prescribed Devices) Order 2008 and shall come into force on 16th June 2008.
2
In this Order —
“odometer pulses” means the signals derived from sensors in a motor vehicle monitoring either the rotation of a wheel or wheels or the final component of the vehicle which transfers power from the engine to the wheels, such as an axle, at a rate which is proportional to the distance travelled by that vehicle.
3
The following device is prescribed for the purposes of section 20 of the Road Traffic Offenders Act 1988 (speeding offences etc : admissibility of certain offences), that is to say, a manually activated device designed or adapted for recording the measurement of the speed of a motor vehicle (“vehicle A”) from another motor vehicle (“vehicle B”) by —
a
measuring the time taken by vehicle A to pass two positions on the road either directly or by reference to the time taken by vehicle B to pass the same two positions on the road;
b
recording the distance between the two positions by counting the odometer pulses from vehicle B as it travels between the two positions; and
c
calculating the average speed of vehicle A over the distance between the two positions by reference to the time recorded in sub–paragraph (a) and the distance either calculated in accordance with sub–paragraph (b) or measured manually.
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
20th May 2008


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Physical Education in respect of the Third and Fourth Key Stages) (England) Order 2008 and comes into force on 1st August 2008.
2
This Order applies in relation to England only.
Interpretation
2
In this Order —
a
“the Key Stage 3 Document” means the document published by the Authority on 30th August 2007 entitled “Physical education Programme of study: key stage 3”;
b
“the Key Stage 4 Document” means the document published by the Authority on 30th August 2007 entitled “Physical education Programme of study: key stage 4”;
c
“level 1 of the National Curriculum levels of attainment” is to interpreted in accordance with the description of performance at level 1 of the attainment targets contained in the booklet published by the Stationery Office entitled “Attainment Targets and Programmes of Study in Physical Education”, ISBN 0113700784; and
d
“special educational needs” is to be interpreted in accordance with section 312 of the Education Act 1996 .
Specification of attainment targets and programmes of study
3
Subject to article 6(2)(b), in relation to any pupil who starts in the third key stage on or after 1st August 2008, it is directed that the provisions relating to attainment targets and the programme of study set out in the Key Stage 3 Document have effect for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Physical Education.
4
In relation to any pupil who starts in the fourth key stage on or after 1st August 2009, it is directed that the provisions relating to attainment targets and the programme of study set out in the Key Stage 4 Document have effect for the purposes of specifying attainment targets and the programme of study for the fourth key stage in relation to Physical Education.
5
For the purposes of this Order, the examples and other passages printed in grey text or within square brackets in the Key Stage 3 and Key Stage 4 Documents (which serve to illustrate the programmes of study described therein or relate to background information) do not form part of the provisions relating to attainment targets and programmes of study referred to in articles 3 and 4.
Revocation and savings
6
1
Subject to paragraph (2), the Education (National Curriculum) (Attainment Targets and Programmes of Study in Physical Education) (England) Order 2000 is revoked in so far as it has effect for the purposes of specifying attainment targets and programmes of study for the third and fourth key stages in relation to Physical Education.
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Physical Education) (England) Order 2000 continues to have effect —
a
in relation to any pupil who started in the third key stage before 1st August 2008, for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Physical Education;
b
in relation to any pupil who starts in the third key stage on or after 1st August 2008, has special educational needs and is working below level 1 of the National Curriculum levels of attainment, for the purposes of specifying attainment targets for the third key stage in relation to Physical Education;
c
in relation to any pupil who starts in the fourth key stage before 1st August 2009, for the purposes of specifying attainment targets and the programme of study for the fourth key stage in relation to Physical Education.
Jim Knight
Minister of State
Department for Children, Schools and Families
3rd July 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) (Amendment) Regulations 2008 and shall come into force on 1st April 2008.
2
In these Regulations a reference to a regulation by number alone is a reference to the regulation so numbered in the Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005 .
Amendments to the Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005
2
1
The Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005 are amended as follows.
2
In regulation 2(1) (Interpretation) after the definition of “notice” insert —
“relevant enforcement authority” means the enforcement authority which is conducting the civil recovery proceedings concerned;
.
3
In regulation 5 (Condition relating to notification) for “Director” substitute “relevant enforcement authority”.
4
In regulation 8 (Request for Director’s agreement to release of interim payment) —
a
in the title of that regulation and in paragraph (1) for “Director’s” substitute “relevant enforcement authority’s”;
b
in paragraph (1) for “the Director” substitute “that authority”.
5
In regulation 9 (Director’s response to request) —
a
in the title of that regulation for “Director’s” substitute “Relevant enforcement authority’s”;
b
in paragraph (1) for “he” each time it occurs substitute “it”;
c
in each of paragraphs (1), (2) and (3) for “Director” substitute “relevant enforcement authority”;
d
in each of paragraphs (1) and (3) for “his” substitute “its”.
6
In regulation 10(1) (Release of interim payment) for “Director” substitute “relevant enforcement authority”.
7
In regulation 12 (Agreement of expenses by the Director) —
a
in the title of that regulation and in paragraphs (2) and (3) for “Director” substitute “relevant enforcement authority”;
b
in paragraph (1) for “Director’s” substitute “relevant enforcement authority’s”;
c
in paragraph (2) for “his” substitute “its”;
d
in paragraph (3)(a) for “he” substitute “it”.
8
In regulation 13(1) (Expenses to be assessed if not agreed) for “Director” substitute “relevant enforcement authority”.
Signed by authority of the Lord Chancellor
Hunt
Parliamentary Under Secretary of State
Ministry of Justice
27th February 2008


text:
PART 1 INTRODUCTORY
Citation and commencement
1
These Regulations may be cited as the Companies (Disclosure of Auditor Remuneration and Liability Limitation Agreements) Regulations 2008 and come into force on 6th April 2008.
Application and revocation
2
1
Regulations 3 to 7 do not apply to the accounts of a company for any financial year beginning before 6th April 2008.
2
The Companies (Disclosure of Auditor Remuneration) Regulations 2005 continue to apply to the accounts of a company for any financial year beginning before 6th April 2008.
3
Subject to paragraph (2), the Companies (Disclosure of Auditor Remuneration) Regulations 2005 are revoked.
Interpretation
3
1
In these Regulations —
“ the Act ” means the Companies Act 2006;
“associated pension scheme” means, in relation to a company, a scheme for the provision of benefits for or in respect of directors or employees (or former directors or employees) of the company or any subsidiary of the company where —
the benefits consist of or include any pension, lump sum, gratuity or other like benefit given or to be given on retirement or on death or in anticipation of retirement or, in connection with past service, after retirement or death; and
either —
a majority of the trustees are appointed by, or by a person acting on behalf of, the company or a subsidiary of the company; or
the company, or a subsidiary of the company, exercises a dominant influence over the appointment of the auditor (if any) of the scheme;
“parent” means a parent undertaking (as defined in section 1162 of the Act) which is a body corporate, and “parent company” is a parent which is a company;
“principal terms” has the meaning in section 536(4) of the Act;
“remuneration” includes payments in respect of expenses and benefits in kind;
“subsidiary” means a subsidiary undertaking (as defined in section 1162 of the Act) which is a body corporate, and “subsidiary company” is a subsidiary which is a company.
2
For the purposes of these Regulations —
a
a company is small in relation to a financial year if the small companies regime as defined in section 381 of the Act applies to it for that year;
b
a company is medium-sized in relation to a financial year if —
i
it qualifies as medium-sized in relation to that year under section 465 of the Act; and
ii
it is not excluded from being medium-sized under section 467(1) of the Act;
c
references to an associate of a company are references to —
i
any subsidiary of that company, other than a subsidiary in respect of which severe long-term restrictions substantially hinder the exercise of the rights of the company over the assets or management of that subsidiary; and
ii
any scheme which is an associated pension scheme in relation to that company; and
d
a person is an associate, or a distant associate, of a company’s auditor if that person is specified as such by Schedule 1 to these Regulations.
PART 2 DISCLOSURE OF REMUNERATION
Disclosure of remuneration: small and medium-sized companies
4
1
A note to the annual accounts of a small or medium-sized company must disclose the amount of any remuneration receivable by the company’s auditor for the auditing of those accounts.
2
Where the remuneration includes benefits in kind, the nature and estimated money-value of those benefits must also be disclosed in a note.
3
Where more than one person has been appointed as a company’s auditor in respect of the period to which the accounts relate, separate disclosure is required in respect of the remuneration of each such person.
4
For the purposes of section 1224 of the Act, the functions of the Secretary of State under Part 42 of the Act include (without prejudice to the generality of that section) consideration of the total remuneration receivable by the auditor of a medium-sized company for the supply by the auditor to the company of each of the following types of service where that remuneration is not disclosed in a note to the company’s annual accounts —
a
assurance services other than the auditing of the company’s accounts;
b
tax advisory services;
c
other services.
Disclosure of remuneration: other companies
5
1
A note to the annual accounts of a company which is not a small or medium-sized company must disclose the amount of —
a
any remuneration receivable by the company’s auditor for the auditing of those accounts; and
b
subject to paragraph (6) and regulation 6(2), any remuneration receivable in respect of the period to which the accounts relate by —
i
the company’s auditor; or
ii
any person who was, at any time during the period to which the accounts relate, an associate of the company’s auditor,
for the supply of other services to the company or any associate of the company.
2
Where the remuneration includes benefits in kind, the nature and estimated money-value of those benefits must also be disclosed in a note.
3
Separate disclosure is required in respect of the auditing of the accounts in question and of each type of service specified in Schedule 2, but not in respect of each service falling within a type of service.
4
Separate disclosure is required in respect of services supplied to the company and its subsidiaries on the one hand and to associated pension schemes on the other.
5
Where more than one person has been appointed as a company’s auditor in respect of the period to which the accounts relate, separate disclosure is required in respect of the remuneration of each such person and his associates.
6
Disclosure is not required of remuneration receivable for the supply of services falling within paragraph 10 of Schedule 2 supplied by a distant associate of the company’s auditor where the total remuneration receivable for all of those services supplied by that associate does not exceed either —
a
£10,000, or
b
1% of the total audit remuneration received by the company’s auditor in the most recent financial year of the auditor which ended no later than the end of the financial year of the company to which the accounts relate.
7
In paragraph (6)(b) —
a
“financial year of the auditor” means —
i
the period of not more than 18 months in respect of which the auditor’s profit and loss account is required to be made up (whether by law or by or in accordance with the auditor’s constitution (if any)), or
ii
failing any such requirement, the period of 12 months beginning with 1st April;
b
“total audit remuneration received” means the total remuneration received for the auditing pursuant to legislation (including that of countries and territories outside the United Kingdom) of any accounts of any person.
Group Accounts
6
1
Group accounts must comply with regulation 5(1)(b) as if the undertakings included in the consolidation were a single company except where the group —
a
qualifies as small or medium-sized under section 383 or 466 of the Act; and
b
is not an ineligible group under section 384(2) or 467(2) of the Act.
2
A note to the individual accounts of —
a
a parent company which is required to prepare and does prepare group accounts in accordance with the Act; and
b
a subsidiary company where its parent is required to prepare and does prepare group accounts in accordance with the Act and the company is included in the consolidation;
does not have to disclose the information required by regulation 5(1)(b) if the conditions in paragraph (3) are satisfied.
3
Those conditions are that —
a
the group accounts are required to comply with paragraph (1); and
b
the individual accounts state that the group accounts are so required.
Duty of auditor to supply information
7
The auditor of a company must supply the directors of the company with such information as is necessary to enable the disclosure required by regulation 5(1)(b) or 6(1) to be made.
PART 3 LIABILITY LIMITATION AGREEMENTS
Disclosure of liability limitation agreements
8
1
A company which has entered into a liability limitation agreement must disclose —
a
its principal terms; and
b
the date of the resolution approving the agreement or the agreement’s principal terms or, in the case of a private company, the date of the resolution waiving the need for such approval,
in a note to the company’s annual accounts.
2
The annual accounts in which the disclosure required by paragraph (1) must be made shall be those for the financial year to which the agreement relates unless the agreement was entered into too late for it to be reasonably practicable for the disclosure to be made in those accounts.
3
If the agreement was entered into too late for it to be reasonably practicable for the disclosure required by paragraph (1) to be made in the accounts for the financial year to which the agreement relates, the disclosure shall be made in a note to the company’s next following annual accounts.
Gareth Thomas
Parliamentary Under Secretary of State for Trade and Consumer Affairs,
Department for Business, Enterprise and Regulatory Reform
23rd February 2008


text:
Citation, commencement, and application
1
1
These Regulations may be cited as the Childcare (Provision of Information About Young Children) (England) (Amendment) Regulations 2008 and come into force on 1st January 2009.
2
These Regulations apply only in relation to England.
Amendment to the Childcare (Provision of Information About Young Children) (England) Regulations 2008
2
1
The Childcare (Provision of Information About Young Children) (England) Regulations 2008 are amended as follows.
2
In Regulation 4(3) after “is requested” insert “and the item of information at paragraph 10 of Part 2 of the Schedule if requested”.
Jim Knight
Minister of State
Department for Children, Schools and Families
26th November 2008


text:
1
1
This Order may be cited as the Northern Rock plc Compensation Scheme Order 2008.
2
This Order comes into force on the day after the day on which it is made.
2
The Northern Rock plc Compensation Scheme set out in the Schedule to this Order shall have effect.
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2008


text:
PART 1 Introduction
Title, application and commencement
1
These Regulations may be cited as the Bluetongue Regulations 2008; they apply in England and come into force on 26th April 2008.
Interpretation
2
1
In these Regulations —
“animal” means a ruminating animal (and for the purposes of these Regulations all camelids are considered to be ruminating animals) and “carcase”, “embryo”, “ovum” and “semen” mean the carcase, embryo, ovum and semen of such an animal;
“control zone” means a zone referred to in regulation 12;
“infected premises” means premises on which the existence of bluetongue has been confirmed;
“inspector” means an inspector appointed as such by the Secretary of State or a local authority for the purpose of these Regulations and, unless the context otherwise requires, includes a veterinary inspector;
“local authority” means —
in a part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough, the council of that borough;
in the city of London, the Common Council;
where there is a port health authority, that authority;
“midge” means an insect of the genus Culicoides;
“premises” includes any place;
“vaccine” means vaccine against bluetongue virus; and
“veterinary inspector” means a person appointed as such by the Secretary of State for the purposes of these Regulations.
2
Any authorisation, licence, notice or designation under these Regulations must be in writing, may be subject to conditions and may be amended, suspended or revoked by notice at any time.
Exemptions
3
These Regulations do not apply to —
a
anything a person is authorised to do by a licence granted under the Specified Animal Pathogens Order 1998 ;
b
any quarantine centre or quarantine facility approved under the Animals and Animal Products (Import and Export) (England) Regulations 2006 ;
c
administration of a vaccine for research purposes in accordance with an animal test certificate granted under the Veterinary Medicines Regulations 2007 .
Licences
4
1
A person moving anything under the authority of a specific licence granted under these Regulations must —
a
carry the licence or a copy of it at all times during the licensed movement;
b
on demand by a veterinary inspector or other officer of the Secretary of State or by an inspector, produce the licence or copy and allow a copy or extract to be taken.
2
A person moving anything under the authority of a general licence granted under these Regulations must —
a
carry, at all times during the movement, a consignment note that contains details of —
i
what is being transported, including the quantity;
ii
the date of the movement;
iii
the name of the consignor;
iv
the address of the premises from which the movement started;
v
the name of the consignee;
vi
the address of the premises of destination;
b
on demand by an inspector or an officer of the Secretary of State, produce the consignment note and allow a copy or extract to be taken.
Licences granted outside England
5
Except where otherwise directed by the Secretary of State and except in respect of a licence to obtain vaccine or a licence to vaccinate, licences granted in Scotland or Wales for activities which could be licensed in England under these Regulations have effect in England as if they were licences granted under these Regulations.
Declarations of zones
6
Declarations of zones —
a
must be in writing;
b
may be amended by further declaration at any time;
c
must designate the extent of the zone being declared; and
d
may only be revoked by further declaration.
Premises straddling zones
7
1
Premises partly inside a temporary control zone and not inside any other zone are treated as being inside the temporary control zone.
2
Premises partly inside a control zone are treated as being inside that zone.
3
Premises partly inside a vaccination zone are treated as being inside that zone.
4
Otherwise —
a
if a restricted zone has been divided into a protection zone and a surveillance zone premises partly inside the protection zone and partly inside the surveillance zone are treated as being inside the protection zone;
b
premises partly inside a restricted zone and partly inside an area that does not have controls for bluetongue are treated as being inside the restricted zone; and
c
premises partly inside a restricted zone and partly inside a temporary control zone are treated as being inside the restricted zone.
PART 2 Suspected and confirmed bluetongue
Initial requirements where bluetongue is known or suspected
8
1
The owner or keeper of any animal or carcase, or any person who examines or inspects any animal or carcase, who knows or suspects that the animal or carcase is infected with bluetongue, must —
a
immediately notify the Divisional Veterinary Manager; and
b
not move any animal or carcase on or off the premises where the animal or carcase known to be or suspected of being diseased is located, except as authorised by an inspector.
2
A person who analyses a sample taken from any animal or carcase and who finds evidence of antibodies to, or antigens or nucleic acids of, the bluetongue virus or any evidence of vaccination for bluetongue must immediately notify the Divisional Veterinary Manager.
3
“Divisional Veterinary Manager” means the veterinary inspector appointed by the Secretary of State to receive information about animals or carcases diseased or suspected of being diseased for the area in which such animals or carcases are situated.
Suspected or infected premises
9
1
An inspector who knows or suspects that the bluetongue virus exists on any premises must immediately serve a notice on the occupier or on the keeper of any animals on those premises requiring that —
a
no animal, ovum, semen or embryo enter or leave the premises;
b
an inventory of all animals on the premises is made, recording, for each species —
i
the number dead;
ii
the number alive that appear to have bluetongue; and
iii
the number alive which do not appear to have bluetongue;
c
the inventory is kept up to date;
d
all animals on the premises are kept indoors or as directed by an inspector;
e
the premises and animals on them are subjected to the midge control measures specified in the notice.
2
A veterinary inspector or an inspector acting under the direction of a veterinary inspector may also serve such a notice on the occupier of premises or the keeper of animals on those premises if the veterinary inspector suspects that animals on the premises have been exposed to the bluetongue virus.
3
The person making the inventory must keep a record of it for at least two years.
Temporary control zones
10
1
If an inspector suspects that the bluetongue virus exists on any premises, the Secretary of State may declare a temporary control zone.
2
When a temporary control zone has been established in Wales or Scotland which touches the border with England the Secretary of State may establish an associated temporary control zone in England.
3
The location and size of the temporary control zone is to be such as the Secretary of State considers appropriate to prevent the spread of disease.
4
Where a temporary control zone has been established, no person may move any animal on to or off premises in the zone except in accordance with a licence issued by a veterinary inspector.
5
A temporary control zone ceases to exist in any area subsequently incorporated into a control zone or a restricted zone.
Confirmation of bluetongue on premises
11
Once a veterinary inspector is satisfied that bluetongue exists on any premises, the veterinary inspector may serve a notice on the occupier or the keeper of any animals on those premises —
a
confirming the existence of bluetongue on the premises; and
b
notifying the occupier that, notwithstanding regulation 8, it is unnecessary to notify any further suspected cases of bluetongue on the premises to the Divisional Veterinary Manager.
Measures on confirmation of the bluetongue virus
12
1
If the Chief Veterinary Officer confirms that the bluetongue virus is circulating in England, the Secretary of State, on being satisfied on epidemiological, geographical, ecological or meteorological grounds that this is appropriate for disease control purposes, must declare an area to be a control zone.
2
The control zone must include the infected premises, and be of such size as the Secretary of State considers appropriate for disease control purposes.
3
No person may move an animal to or from premises in a control zone.
Restrictions in protection and surveillance zones
13
1
If the Chief Veterinary Officer confirms that the bluetongue virus is circulating in England the Secretary of State —
a
must declare an appropriate area to be a restricted zone;
b
may, within a restricted zone, declare any area around an infected premises to be a protection zone, and any area beyond such protection zone to be a surveillance zone;
2
No person may move an animal, semen, ovum or embryo out of a restricted zone except under the authority of a licence granted by an inspector.
3
No person may move an animal out of a protection zone except under the authority of a licence granted by an inspector.
4
An inspector must grant a licence if the movement is permitted under Commission Regulation (EC) No. 1266/2007 as amended from time to time, and the conditions of any licence must be such as to ensure that the movement is made in accordance with that Regulation.
5
A person is prohibited from moving an animal within a restricted zone if the animal shows clinical signs of bluetongue on the day of transport.
Slaughterhouses
14
1
The Secretary of State may designate a slaughterhouse for the purpose of slaughtering animals transported out of a restricted zone.
2
If an animal is transported from a restricted zone to a slaughterhouse outside that restricted zone in accordance with a licence, the operator of the slaughterhouse must slaughter the animal within 24 hours of arrival.
3
The operator of a slaughterhouse in a surveillance zone may only slaughter an animal from a protection zone if licensed to do so by the Secretary of State.
Subsequent movement of animals
15
If an animal, semen, ovum or embryo that has been in a restricted zone is moved on to premises outside the restricted zone, an inspector may serve a notice on the occupier of those premises, and on the occupier of any premises to which the animal, semen, ovum or embryo is subsequently moved, prohibiting its movement from those premises except under the authority of a licence issued by an inspector.
Bluetongue outside England
16
If bluetongue is confirmed outside England and the Secretary of State considers it appropriate for disease control purposes, the Secretary of State may declare in England a temporary control zone, a control zone, a protection zone, a surveillance zone or a restricted zone (which may be made up of a protection zone and a surveillance zone).
PART 3 Vaccination
Obtaining vaccine
17
No person other than a holder of a marketing authorisation, a manufacturing authorisation or a wholesale dealer’s authorisation granted by the Secretary of State under the Veterinary Medicines Regulations 2007 may obtain vaccine except under the authority of a licence granted by the Secretary of State.
Prohibition on vaccination
18
Except where regulation 19 applies, no person may vaccinate an animal against bluetongue except under the authority of a licence granted by the Secretary of State.
Compulsory vaccination
19
1
The Secretary of State may declare a vaccination zone in which any occupier of premises or keeper of animals must ensure the vaccination of their animals and comply with any other measures related to either vaccination or vaccine specified in that declaration.
2
A veterinary inspector may serve a notice on the occupier of premises or the keeper of animals on premises requiring that occupier or keeper to ensure the vaccination of the animals at the premises.
PART 4 Inspection, offences and enforcement
Powers of veterinary inspectors, officers and inspectors
20
1
On producing, if required, a duly authenticated document showing the required authority, a veterinary inspector or an officer or inspector of the Secretary of State acting under the direction of a veterinary inspector may, at all reasonable hours, enter any premises, vehicle or vessel for the purpose of monitoring or surveillance for the bluetongue virus, antibodies to the bluetongue virus or midges.
2
On producing, if required, a duly authenticated document showing the required authority, an inspector or an officer of the Secretary of State may, at all reasonable hours, enter any premises, vehicle or vessel for the purpose of ensuring that these Regulations are being complied with.
3
A person entering premises, a vehicle or a vessel under paragraphs (1) or (2) may take with him —
a
any equipment; and
b
such other person as is appropriate.
4
Any person entering premises under paragraphs (1) or (2) may take a vehicle with him.
5
An inspector or an officer of the Secretary of State may —
a
detain, isolate of restrain any animal;
b
require the detention, isolation or restraint of any animal;
c
mark for identification purposes any animal, carcase or thing;
d
detain or isolate any thing;
e
require the detention or isolation of any thing;
f
require any person who knows about an animal’s movements to give details of those movements and of any other animal with which it has been in contact;
g
require the occupier of premises or keeper of animals on those premises to give details of animals either on those premises or on other premises where the occupier or keeper has animals;
h
require the production of any record kept under these Regulations, in whatever form that record is held;
i
copy any record referred to in paragraph (f); or
j
inspect and check the operation of any computer and associated apparatus or material used in the connection with the making and keeping of records under these Regulations.
6
A veterinary inspector or an inspector or officer of the Secretary of State acting under the direction of a veterinary inspector may —
a
examine any carcase or thing;
b
require the treatment of any animal;
c
carry out an epidemiological investigation relevant to the control of bluetongue;
d
carry out tests and take samples (including blood samples) from any animal, carcase or thing for the purpose of diagnosis or epidemiological investigation;
e
trap midges;
f
implement midge control measures;
g
require the destruction, burial, disposal or treatment of any thing; or
h
require the cleansing and disinfection of any part of the premises or of any person, animal, vehicle, vessel or thing on the premises.
7
A veterinary inspector may —
a
on entering any premises, vehicle or vessel under this regulation, examine or vaccinate any animal;
b
require, by notice, the occupier of premises or the keeper of animals on premises to —
i
allow the vaccination of any animal kept there;
ii
retain animals for use as sentinel animals or allow the introduction of sentinel animals onto those premises; or
iii
move an animal which has been moved other than in accordance with regulations 13 or 15 to a place specified by the veterinary inspector;
8
“Sentinel animal” means an animal that is used for surveillance for the bluetongue virus which does not have antibodies to the bluetongue virus of the strain in respect of which surveillance is being carried out when first introduced or retained at the premises.
Obstruction
21
1
No person may —
a
intentionally obstruct any person acting in the execution of these Regulations; or
b
furnish to any person acting in the execution of these Regulations any information which that person knows to be false or misleading.
2
Any person required to give reasonable assistance or information to a person acting under these Regulations must do so without delay unless there is reasonable cause to do otherwise.
Interference with traps and marks
22
No person may —
a
damage, interfere with or remove any traps set for midges under these Regulations; or
b
deface, obliterate or remove any mark made by any person under these Regulations.
Costs of compliance
23
Unless the Secretary of State directs otherwise in writing, the costs incurred by any person in taking any action required, or in refraining from taking action that is prohibited, by or under these Regulations must be met by that person.
Powers of inspectors in case of default
24
If any person fails to comply with a requirement in or under these Regulations, an inspector may take such steps as that inspector considers necessary to ensure the requirement is met at the expense of that person.
Offences and penalties
25
A person contravening any requirement or prohibition in or under these Regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment not exceeding three months or both.
Offences by bodies corporate
26
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate; or
b
any person who was purporting to act in any such capacity,
that person is guilty of the offence as well as the body corporate.
2
For the purposes of this regulation, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Enforcement
27
1
These Regulations are enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or to particular cases, that the Secretary of State will enforce these Regulations instead.
PART 5 Miscellaneous
Exceptional circumstances
28
The Secretary of State may for the purpose of ensuring the health or welfare of any animal —
a
license a person to carry out any action that is otherwise prohibited under these Regulations; or
b
exempt a person, by notice, from any requirement under these Regulations.
Revocation
29
The Bluetongue (No. 2) Order 2007 is revoked (except for article 17).
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
2nd April 2008


text:
Citation, commencement and extent
1
1
This Order may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedule 5) (England) Order 2008.
2
This Order shall come into force on 6 th April 2008.
3
This Order extends to England and Wales only .
Variation of Schedule 5
2
In Schedule 5 to the Wildlife and Countryside Act 1981 (animals which are protected) —
a
insert the entries listed in the Schedule;
b
in the entry relating to “Vole, Water”, before “in respect of section 9(4) only”, insert “in so far as this entry has effect with respect to Wales,”; and
c
at the end of the Schedule, insert the following note —
NOTE 2. In this Schedule “excluded waters” means the part of the territorial waters adjacent to England which is more than 6 nautical miles from the baselines from which the breadth of those waters are measured; and for these purposes “nautical miles” means international nautical miles of 1,852 metres.
.
Joan Ruddock
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
21st February 2008


text:
Citation, commencement and extent
1
1
This Order —
a
may be cited as the Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2008;
b
comes into force on 6th October 2008; and
c
extends to England and Wales.
2
For the purposes of this article —
a
England and Wales includes the sea adjacent to England and Wales out as far as the seaward boundary of the territorial sea; and
b
the sea adjacent to Wales has the same meaning as in section 158 of the Government of Wales Act 2006 .
Designation
2
1
The following Directives are designated as relevant directives for the purposes of paragraph 20(2)(c) of Schedule 1 to the Pollution Prevention and Control Act 1999 —
a
Directive 2006/21/ EC of the European Parliament and of the Council on the management of waste from extractive industries and amending Directive 2004/35/EC ; and
b
Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution prevention and control .
2
For the purposes of this Order, the references to the Directives in paragraph (1) are references to those Directives as amended from time to time.
Jane Davidson
Minister for Environment,
Sustainability and Housing, one of the Welsh Ministers
28th September 2008
Joan Ruddock
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
24th September 2008


text:
Citation and commencement
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 and Serious Crime Act 2007 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2008 and shall come into force on 1st April 2008.
Amendment Schedule
2
The Schedule to this Order (Amendment of statutory instruments and statutory rules of Northern Ireland relating to the Assets Recovery Agency (“ ARA ”), its Director (“the Director”) and the Serious Organised Crime Agency (“ SOCA ”)) shall have effect.
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
4th March 2008


text:
Citation and commencement
1
These Regulations may be cited as the Statutory Sick Pay (General) (Amendment) Regulations 2008 and shall come into force on 27th October 2008.
Amendment of the Statutory Sick Pay (General) Regulations 1982
2
1
The Statutory Sick Pay (General) Regulations 1982 are amended as follows.
2
In regulation 15 (provision of information by employers to employees) —
a
for paragraph (3)(a) substitute —
a
the information mentioned in paragraph (1) above is a statement informing the employee of —
i
the reason why the period of entitlement ended;
ii
the date of the last day in respect of which the employer is or was liable to make a payment of statutory sick pay to him.
.
b
for paragraph (4)(a) substitute —
a
the information mentioned in paragraph (1) above is a statement informing the employee of —
i
the reason why the period of entitlement is expected to end;
ii
the date of the last day in respect of which the employer is or was expected to be liable to make a payment of statutory sick pay to him.
.
Revocation
3
Regulations 3A (maximum entitlement to Statutory Sick Pay in a period of entitlement) and 15A (statements relating to the payment of statutory sick pay) of the Statutory Sick Pay (General) Regulations 1982 are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
William D. McKenzie
Parliamentary Under-Secretary of State
Department for Work and Pensions
1st July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about Transplants) (Amendment) Regulations 2008 and shall come into force on 29th December 2008.
Amendment of regulation 3 of the Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about Transplants) Regulations 2006
2
In regulation 3 of the Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about Transplants) Regulations 2006 , in paragraphs (i) and (iii) of paragraph (4)(b), for “a licence under section 16(2)” substitute “a licence for the purposes of section 16(2)”.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
26th November 2008