text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Independent School Standards) (England) (Amendment) Regulations 2008 and come into force on 9th February 2009.
2
These Regulations apply only in relation to England.
Amendment of the Education (Independent School Standards) (England) Regulations 2003
2
The Education (Independent School Standards) (England) Regulations 2003 are amended in accordance with the following regulations.
3
For regulation 3 (application) substitute —
3
These Regulations apply to any independent school, except that —
a
paragraphs 1 and 6(3)(b), (c), (e) and (g) and (8) of the Schedule do not apply to an Academy; and
b
paragraphs 1, 3(9) and 6(3)(b), (c), (e) and (g), (6) and (8) do not apply to a city technology college or a city college for the technology of the arts.
.
4
In regulation 4 (interpretation), after paragraph (3) insert —
4
In these Regulations, where a school is required to “make available” information or a document, the requirement is satisfied where —
a
the information or a copy of the document is published on the school’s internet website, where such a website exists;
b
the information or a copy of the document is available for inspection on the school’s premises during the school day; and
c
the school ensures that parents of pupils, and parents of prospective pupils who request it, are made aware that the information or document is published or available and the form in which it is published or available.
.
5
In paragraph 1 of the Schedule (the independent school standards) —
a
in sub-paragraph (2)(h) omit the words “or below”; and
b
in sub-paragraph (3)(h) for the words “encourage pupils to behave responsibly” substitute “utilise effective strategies for managing behaviour and encouraging pupils to act responsibly”.
6
In paragraph 3 of the Schedule —
a
in sub-paragraph (2)(a) for the words “DfES Guidance “Bullying: don’t suffer in silence”” substitute “DCSF Guidance “Safe to Learn: Embedding anti-bullying work in schools” ”;
b
in sub-paragraph (2)(b) for the words “DfES Guidance “Safeguarding Children in Education” [DfES publication number 0027/2004]” substitute “Safeguarding Children and Safer Recruitment in Education ”;
c
for sub-paragraph (5) substitute —
5
The school shall comply with the Regulatory Reform (Fire Safety) Order 2005 .
; and
d
in sub-paragraph (9) for the words “the Education (Pupil Registration) Regulations 1995” substitute “the Education (Pupil Registration) (England) Regulations 2006 ”.
7
For paragraph 6 of the Schedule substitute —
6
1
The provision of information by the school meets the standard if the requirements in sub-paragraphs (2) to (9) are met.
2
The school must provide to parents of pupils and of prospective pupils and on request to the Chief Inspector, the Secretary of State or a body approved for the purposes of section 162A(1) of the 2002 Act —
a
the school’s address and telephone number, and the name of the head teacher;
b
either —
i
where the proprietor is an individual, the proprietor’s full name, address for correspondence during both term-time and holidays and a telephone number or numbers on which the proprietor may be contacted at all times, or
ii
where the proprietor is a corporation, a Scottish firm or a body of persons, the address and telephone number of its registered or principal office;
c
where there is a governing body, the name and address for correspondence of its Chair; and
d
a statement of the school’s ethos (including any religious ethos) and aims.
3
The school must make available to parents of pupils and of prospective pupils and provide, on request, to the Chief Inspector, the Secretary of State or a body approved for the purposes of section 162A(1) of the 2002 Act —
a
particulars of the school’s policy on and arrangements for admissions, discipline and exclusions;
b
particulars of educational and welfare provision for pupils with statements and pupils for whom English is an additional language;
c
particulars of the policy prepared under paragraph 1(2);
d
such parts of the policy prepared under paragraph 3(2) as are drawn up for the purposes of paragraph 3(2)(a), (c) and (d);
e
particulars of the school’s academic performance during the preceding school year, including the results of any public examinations;
f
details of the complaints procedure set out in accordance with paragraph 7, and the number of complaints registered under the formal procedure during the preceding school year; and
g
the number of staff at the school, including temporary staff, and a summary of their qualifications.
4
The school must publish on its internet website or, where no such website exists, the school must send to parents of pupils and of prospective pupils on request, a copy of so much of the policy prepared under paragraph 3(2) as has been drawn up for the purposes of paragraph 3(2)(b).
5
Following an inspection under section 162A(1) of the 2002 Act, the school must send to the parents of every registered pupil, by a date to be specified by the body who conducted the inspection, a copy of the report of the inspection.
6
The school must send to the parents of each registered pupil an annual written report of the pupil’s progress and attainment in the main subject areas taught, except that no report need be sent to a parent who has agreed otherwise with the school.
7
The school must provide any body conducting an inspection under section 162A(1) of the 2002 Act with —
a
any information reasonably requested in connection with it that is necessary for the purposes of the inspection; and
b
access to the school’s admission and attendance registers.
8
Where a pupil wholly or partly funded by a local authority is registered at the school, an annual account of income received and expenditure incurred by the school in respect of that pupil must be submitted to the local authority and on request to the Secretary of State.
9
Where a pupil with a statement is registered at the school, the school must supply such information to the responsible local education authority as may reasonably be required for the purpose of the annual review of the statement.
.
8
In paragraph 7 of the Schedule —
a
for the words “has a complaints procedure” substitute “draws up and implements effectively a complaints procedure”;
b
in sub-paragraph (b) for the words “is available on request” substitute “the school makes available”; and
c
for sub-paragraph (i) substitute the following —
i
provides for the panel to make findings and recommendations and stipulates that a copy of those findings and recommendations is —
i
sent by electronic mail or otherwise given to the complainant and, where relevant, the person complained about; and
ii
available for inspection on the school premises by the proprietor and the head teacher;
.
Jim Knight
Minister of State
Department for Children, Schools and Families
17th December 2008


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Civil Enforcement of Parking Contraventions (County of East Sussex) (Borough of Eastbourne) Designation Order 2008 and shall come into force on 13th October 2008.
Designation of civil enforcement area and special enforcement area
2
1
The Secretary of State designates the area described in paragraph (2) as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
2
This Order applies to the area of the Borough of Eastbourne with the exception of all off-street parking places provided by Eastbourne Borough Council pursuant to section 32(1)(a) of the Road Traffic Regulation Act 1984 .
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
Department for Transport
17th September 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Health Act 2006 (Commencement No.4) Order 2008.
2
In this Order references to sections and Parts are references to sections and Parts of the Health Act 2006.
Appointed day for provision relating to transitional provision in respect of persons providing general ophthalmic services
2
1st May 2008 is the day appointed for the coming into force of section 43.
Appointed days for provisions relating to the protection of NHS from fraud and other unlawful activities
3
22nd April 2008 is the day appointed for the coming into force of —
a
Chapter 3 of Part 4, except so far as it relates to the Welsh Ministers’ counter fraud functions in relation to the health service in Wales or to offences committed in relation to those functions, so far as it has not already been brought into force ;
b
sections 76 to 78 in so far as they relate to offences under Chapter 3 of Part 4, except so far as they relate to the Welsh Ministers’ counter fraud functions in relation to the health service in Wales or to offences committed in relation to those functions; and
c
sections 76 and 77, in relation to England and Scotland, and section 78, in relation to England, so far as they relate to offences under Chapter 1 of Part 3 (including offences created in regulations under that chapter).
Appointed day for provision relating to exercise by Special Health Authority of social care training functions
4
28th April 2008 is the day appointed for the coming into force of section 72.
Signed by the authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department for Health
21st April 2008


text:
Citation
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Commencement No. 12) Order 2008.
Commencement
2
Section 163(2) of the Serious Organised Crime and Police Act 2005, insofar as it relates to section 113B(10)(e) of the Police Act 1997 , shall come into force on 29th February 2008 in England and Wales only.
Meg Hillier
Parliamentary Under Secretary of State
Home Office
7th February 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Devon Healthcare NHS Foundation Trust (Transfer of Trust Property) Order 2008 and shall come into force on 1 st December 2008.
2
In this Order —
“the old Trust” means the South Devon Healthcare NHS Foundation Trust ;
“the new Trust” means the Devon Primary Care Trust;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 16 th June 2008 and on behalf of the new Trust on 17 th June 2008.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference in relation to the trust property to the trustees of the trust property or to the old Trust shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
23rd October 2008


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Representation of the People (Amendment) Regulations 2008 and come into force the day after the day on which they are made.
2
These Regulations do not extend to Northern Ireland.
Transitional provision
2
These Regulations do not have effect in relation to a request for a copy of the marked register or lists that was made in accordance with regulation 117(3) of the Representation of the People (England and Wales) Regulations 2001 , or regulation 117(3) of the Representation of the People (Scotland) Regulations 2001 , and received by a relevant registration officer before the coming into force of these Regulations .
Fees for the supply of marked registers or lists in England and Wales
3
The Representation of the People (England and Wales) Regulations 2001 are amended as follows.
4
1
In regulation 116(1) after sub-paragraph (a) insert —
aa
the notices amending the full register issued under section 13B(3B) or (3D) of the 1983 Act;
.
2
In regulation 121(2) after sub-paragraph (a) insert —
aa
the notices amending the full register issued under section 13B(3B) or (3D) of the 1983 Act;
.
5
For regulation 120 substitute —
Calculating the fee for supply of marked registers or lists
120
1
The fee to be paid in accordance with regulation 117(4)(b) by a person making a request for a copy of the whole or of any part of the marked register or lists is set out in paragraph (2).
2
The fee shall be the sum of £10, plus for a copy —
a
in printed form, £2 for each 1,000 entries (or remaining part of 1,000 entries) covered by the request; and
b
in data form, £1 for each 1,000 entries (or remaining part of 1,000 entries) covered by the request.
3
For the purposes of this regulation, a request for a copy of the whole or the same part of the marked register or lists in both a printed and data form may be treated as two separate requests.
Fees for the supply of marked registers and lists in Scotland
6
The Representation of the People (Scotland) Regulations 2001 are amended as follows.
7
In regulation 116(1) after sub-paragraph (a) insert —
aa
the notices amending the full register issued under section 13B(3B) or (3D) of the 1983 Act;
.
8
For regulation 120 substitute —
Calculating the fee for supply of marked registers or lists
120
1
The fee to be paid in accordance with regulation 117(4)(b) by a person making a request for a copy of the whole or of any part of the marked register or lists is set out in paragraph (2).
2
The fee shall be the sum of £10, plus for a copy —
a
in printed form, £2 for each 1,000 entries (or remaining part of 1,000 entries) covered by the request; and
b
in data form, £1 for each 1,000 entries (or remaining part of 1,000 entries) covered by the request.
3
For the purposes of this regulation, a request for a copy of the whole or the same part of the marked register or lists in both a printed and data form may be treated as two separate requests.
Signed by authority of the Secretary of State
Bridget Prentice
Parliamentary Under-Secretary of State
Ministry of Justice
17th July 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008.
2
Regulations 4 to 6, in so far as they relate to a particular person, come into force on the first day of the first benefit week to commence for that person on or after 5th January 2009.
3
The remaining provisions of these Regulations come into force on 5th January 2009.
4
In these Regulations —
“benefit week” has the same meaning as in —
regulation 2(1) of the Employment and Support Allowance Regulations , where the relevant benefit is an employment and support allowance;
regulation 2(1) of the Income Support Regulations , where the relevant benefit is income support;
regulation 1(2) of the Jobseeker’s Allowance Regulations , where the relevant benefit is a jobseeker’s allowance;
“housing costs” has the same meaning as in paragraph 1(1) (housing costs) of —
Schedule 6 to the Employment and Support Allowance Regulations, where the relevant benefit is an employment and support allowance;
Schedule 3 to the Income Support Regulations, where the relevant benefit is income support;
Schedule 2 to the Jobseeker’s Allowance Regulations, where the relevant benefit is a jobseeker’s allowance;
“relevant benefit” means —
an employment and support allowance;
income support;
a jobseeker’s allowance;
“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;
“the Income Support Regulations” means the Income Support (General) Regulations 1987;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996;
“the State Pension Credit Regulations ” means the State Pension Credit Regulations 2002 .
PART 1 Amendments relating to the standard rate of interest
Amendments relating to the standard rate of interest
2
1
This regulation applies to the following provisions —
a
paragraph 13 (the standard rate) of Schedule 6 to the Employment and Support Allowance Regulations;
b
paragraph 12 (the standard rate) of Schedule 3 to the Income Support Regulations;
c
paragraph 11 (the standard rate) of Schedule 2 to the Jobseeker’s Allowance Regulations;
d
paragraph 9 (the standard rate) of Schedule 2 to the State Pension Credit Regulations.
2
In each of the provisions to which this regulation applies —
a
for sub-paragraph (2) substitute —
2
The standard rate is to be 6.08%.
;
b
omit sub-paragraph (3).
PART 2 Modifications relating to certain claimants who are entitled to a relevant benefit on 4th January 2009
Application
3
1
This Part applies in relation to a person who —
a
is entitled to a relevant benefit on 4th January 2009; and
b
on or after that date falls within paragraph (3) or (4).
2
This Part ceases to apply in relation to a person who makes a further claim to the same, or claims another, relevant benefit after 4th January 2009.
3
A person falls within this paragraph if, apart from these Regulations, the housing costs to be met in the benefit week that includes 4th January 2009 would be nil in that person’s case because he or she has not been entitled to the relevant benefit concerned for the period mentioned in sub-paragraph (1)(a) in any of the following provisions —
a
paragraph 8 (existing housing costs) or paragraph 9 (new housing costs) of Schedule 6 to the Employment and Support Allowance Regulations;
b
paragraph 6 (existing housing costs) or paragraph 8 (new housing costs) of Schedule 3 to the Income Support Regulations;
c
paragraph 6 (existing housing costs) or paragraph 7 (new housing costs) of Schedule 2 to the Jobseeker’s Allowance Regulations.
4
A person falls within this paragraph if he or she has been entitled to a relevant benefit for a continuous period, which includes 4th January 2009, for at least 8 weeks but less than 26 weeks under any of the provisions mentioned in paragraph (5) as in force apart from these Regulations.
5
The provisions are —
a
paragraph 8(1)(b) (existing housing costs) or paragraph 9(6) (new housing costs) of Schedule 6 to the Employment and Support Allowance Regulations;
b
paragraph 6(1)(b) (existing housing costs) or paragraph 8(4) (new housing costs) of Schedule 3 to the Income Support Regulations;
c
paragraph 6(1)(b) (existing housing costs) or paragraph 7(6) (new housing costs) of Schedule 2 to the Jobseeker’s Allowance Regulations.
Modification of the Employment and Support Allowance Regulations
4
Schedule 6 (housing costs) to the Employment and Support Allowance Regulations applies in relation to a person to whom this Part applies as if —
a
in paragraph 8(1) (existing housing costs) the reference to “26” were to “13” in each place it appears;
b
in paragraph 9(1) (new housing costs) the reference to “39” were to “13”;
c
in paragraph 12(4) (general provisions applying to new and existing housing costs) the reference to “£100,000” were to “£200,000”;
d
in paragraph 15(14) (linking rule) —
i
in head (a) the reference to “26” were to “13”;
ii
in head (b) the reference to “39” were to “13”.
Modification of the Income Support Regulations
5
Schedule 3 (housing costs) to the Income Support Regulations applies in relation to a person to whom this Part applies as if —
a
in paragraph 6(1) (existing housing costs) the reference to “26” were to “13” in each place it appears;
b
in paragraph 8(1) (new housing costs) the reference to “39” were to “13”;
c
in paragraph 11(5) (general provisions applying to new and existing housing costs) the reference to “£100,000” were to “£200,000”;
d
in paragraph 14(9) (linking rule) —
i
in head (a) the reference to “26” were to “13”;
ii
in head (b) the reference to “39” were to “13”.
Modification of the Jobseeker’s Allowance Regulations
6
Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations applies in relation to a person to whom this Part applies as if —
a
after paragraph 4 (housing costs not met) there were inserted —
Housing costs: limitation applicable to qualifying loans
4A
1
Subject to sub-paragraphs (2) and (3), no amount may be met in respect of housing costs under paragraph 14 or 15 where the claimant has been in receipt of housing costs under either or both of those paragraphs for a total of 104 weeks.
2
No week in which the appropriate amount specified in paragraph 10(4) is £100,000 in relation to that claimant is to count towards the 104 week total.
3
Sub-paragraph (1) does not apply where —
a
the claimant or his or her partner or, if the claimant is a member of a joint-claim couple, the other member of the couple, was previously entitled to income support or employment and support allowance; and
b
12 weeks or less has elapsed since the last day of that entitlement and the first day of entitlement to a jobseeker’s allowance.
.
b
in paragraph 6(1) (existing housing costs) the reference to “26” were to “13” in each place it appears;
c
in paragraph 7(1) (new housing costs) the reference to “39” were to “13”;
d
in paragraph 10(4) (general provisions applying to new and existing housing costs) the reference to “£100,000” were to “£200,000”;
e
in paragraph 13(11) (linking rule) —
i
in head (a) the reference to “26” were to “13”;
ii
in head (b) the reference to “39” were to “13”.
Saving
7
Nothing in this Part is to affect the applicable amount of a person to whom this Part applies in respect of —
a
any period ending before the date on which these Regulations come into force, or
b
any period ending after that date throughout which he or she is entitled to the relevant benefit concerned for a continuous period that does not exceed 12 weeks.
PART 3 Modifications relating to certain persons who claim a relevant benefit after 4th January 2009
Application and interpretation
8
1
This Part applies in relation to a person who —
a
claims a relevant benefit after 4th January 2009; and
b
falls within any of paragraphs (2) to (4).
2
A claimant falls within this paragraph if Part 2 applied to him at any time.
3
A claimant falls within this paragraph if he or she —
a
is entitled to a relevant benefit; or
b
was previously entitled to a relevant benefit at any time after 4th January 2009; and
c
in either case the entitlement is not or was not immediately preceded by a linked period.
4
A claimant falls within this paragraph if —
a
the claimant or his or her partner or, if the claimant is a member of a joint-claim couple, the other member of the couple, was in receipt of state pension credit;
b
the claimant —
i
is entitled to a relevant benefit; or
ii
was previously entitled to a relevant benefit at any time after 4th January 2009; and
c
none of the following provisions apply or applied in relation to the entitlement referred to in sub-paragraph (b)(i) or (ii).
5
The provisions are —
a
paragraph 3(2) (previous entitlement to other income-related benefits) of Schedule 6 to the Employment and Support Allowance Regulations;
b
paragraph 1A(1A) (previous entitlement to income-based jobseeker’s allowance, income-related employment and support allowance or state pension credit) of Schedule 3 to the Income Support Regulations;
c
paragraph 1A(1ZA) or (1B) (previous entitlement to income support, income-related employment and support allowance or state pension credit) of Schedule 2 to the Jobseeker’s Allowance Regulations.
6
In this Part —
“joint-claim couple” has the meaning given in section 1(4) of the Jobseekers Act 1995;
“linked period” means a period in respect of which the claimant was required to be treated as being in receipt of a relevant benefit under the provisions of —
paragraph 15 (linking rule) of Schedule 6 to the Employment and Support Allowance Regulations;
paragraph 14 (linking rule) of Schedule 3 to the Income Support Regulations; or (as the case maybe)
paragraph 13 (linking rule) of Schedule 2 to the Jobseeker’s Allowance Regulations.
Modification of the Employment and Support Allowance Regulations
9
Schedule 6 (housing costs) to the Employment and Support Allowance Regulations applies in relation to a person to whom this Part applies as if —
a
in paragraph 1(2) (housing costs) the definitions of “existing housing costs” and “new housing costs” were omitted;
b
paragraph 8 (existing housing costs) were omitted;
c
in paragraph 9 (new housing costs) —
i
the reference to “new” were omitted —
aa
in the heading, and
bb
in sub-paragraphs (1) and (2),
ii
in sub-paragraph (1) the reference to “39” were to “13”,
iii
sub-paragraphs (4) to (7) were omitted;
d
in paragraph 10 (general exclusions from paragraphs 8 and 9) —
i
in the heading “paragraph 9” were substituted for “paragraphs 8 and 9”,
ii
in sub-paragraph (1) “Paragraph 9” were substituted for “Paragraphs 8 and 9”;
e
in paragraph 11 (the calculation for loans) the reference to “existing housing costs, or as the case may be, new housing costs” were to “housing costs”;
f
in paragraph 12 (general provisions applying to new and existing housing costs) —
i
for the heading there were substituted “General provisions applying to housing costs”;
ii
sub-paragraphs (1) and (2) were omitted;
iii
in sub-paragraph (4), the reference to “£100,000” were to “£200,000”;
g
in paragraph 14(9) (excessive housing costs) “paragraph 9” were substituted for “paragraphs 8 and 9”;
h
in paragraph 15 (linking rule) —
i
in sub-paragraph (2) the reference to “paragraph 8(1)(a)(i) or” were omitted;
ii
in sub-paragraph (6)(a) the reference to “8(1) or” were omitted;
iii
for sub-paragraph (14) there were substituted —
14
Where sub-paragraph (13) applies, in determining for the purposes of paragraph 9(1) whether a person has been entitled to an income-related allowance for a continuous period of 13 weeks or more, any week falling between the date of the termination of the previous award and the date of the new claim is to be ignored.
;
iv
in sub-paragraph (18) the reference to “8(1)(a), 8(1)(b) or” were omitted;
i
in paragraph 20 (continuity with income support, an income-based jobseeker’s allowance or state pension credit) sub-paragraph (1)(a) were omitted.
Modification of the Income Support Regulations
10
Schedule 3 (housing costs) to the Income Support Regulations applies in relation to a person to whom this Part applies as if —
a
in paragraph 1(2) (housing costs) the definitions of “existing housing costs” and “new housing costs” were omitted;
b
paragraph 6 (existing housing costs) were omitted;
c
in paragraph 8 (new housing costs) —
i
the reference to “new” were omitted —
aa
in the heading, and
bb
in sub-paragraphs (1) and (1A),
ii
in sub-paragraph (1) the reference to “39” were to “13”,
iii
sub-paragraphs (2) to (5) were omitted;
d
in paragraph 9 (general exclusions from paragraphs 6 and 8) —
i
in the heading “paragraph 8” were substituted for “paragraphs 6 and 8”,
ii
in sub-paragraph (1) “Paragraph 8” were substituted for “Paragraphs 6 and 8”;
e
in paragraph 10 (the calculation for loans) the reference to “existing housing costs, or as the case may be, new housing costs” were to “housing costs”;
f
in paragraph 11 (general provisions applying to new and existing housing costs) —
i
for the heading there were substituted “General provisions applying to housing costs”;
ii
sub-paragraphs (2) and (3) were omitted;
iii
in sub-paragraph (5), the reference to “£100,000” were to “£200,000”;
g
in paragraph 13(9) (excessive housing costs) “paragraph 8” were substituted for “paragraphs 6 and 8”;
h
in paragraph 14 (linking rule) —
i
in sub-paragraph (2) “paragraph 6(1)(a)(i) or” were omitted,
ii
in sub-paragraph (3AA)(a) the reference to “6(1) or” were omitted,
iii
for sub-paragraph (9) there were substituted —
9
Where sub-paragraph (8) applies, in determining for the purposes of paragraph 8(1) whether a person has been entitled to income support for a continuous period of 13 weeks or more, any week falling between the date of the termination of the previous award and the date of the new claim is to be ignored.
;
iv
in sub-paragraph (13) the reference to “6(1)(a), 6(1)(b) or” were omitted.
Modification of the Jobseeker’s Allowance Regulations
11
Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations applies in relation to a person to whom this Part applies as if —
a
in paragraph 1(2) (housing costs) the definitions of “existing housing costs” and “new housing costs” were omitted;
b
after paragraph 4 (housing costs not met) there were inserted —
Housing costs: limitation applicable to qualifying loans
4A
1
Subject to sub-paragraphs (2) and (3), no amount may be met in respect of housing costs under paragraph 14 or 15 where the claimant has been in receipt of housing costs under either or both of those paragraphs for a total of 104 weeks, beginning with the last day on which he or she became entitled to a jobseeker’s allowance that was not immediately preceded by a linked period.
2
No week in which the appropriate amount specified in paragraph 10(4) is £100,000 in relation to that claimant is to count towards the 104 week total.
3
Sub-paragraph (1) does not apply where —
a
the claimant or his or her partner or, if the claimant is a member of a joint-claim couple, the other member of the couple, was previously entitled to income support or employment and support allowance; and
b
12 weeks or less has elapsed since the last day of that entitlement and the first day of entitlement to a jobseeker’s allowance.
.
c
paragraph 6 (existing housing costs) were omitted;
d
in paragraph 7 (new housing costs) —
i
the reference to “new” were omitted —
aa
in the heading, and
bb
in sub-paragraphs (1) and (2),
ii
in sub-paragraph (1) the reference to “39” were to “13”,
iii
sub-paragraphs (3) to (7) were omitted;
e
in paragraph 8 (general exclusions from paragraphs 6 and 7) —
i
in the heading “paragraph 7” were substituted for “paragraphs 6 and 7”;
ii
in sub-paragraph (1) “Paragraph 7” were substituted for “Paragraphs 6 and 7”;
f
in paragraph 9 (the calculation for loans) the reference to “existing housing costs, or as the case may be, new housing costs” were to “housing costs”;
g
in paragraph 10 (general provisions applying to new and existing housing costs) —
i
for the heading there were substituted “General provisions applying to housing costs”;
ii
sub-paragraphs (1) and (2) were omitted;
iii
in sub-paragraph (4), the reference to “£100,000” were to “£200,000”;
h
in paragraph 12(9) (excessive housing costs) “paragraph 7” were substituted for “paragraphs 6 and 7”;
i
in paragraph 13 (linking rule) —
i
in sub-paragraph (2) the reference to “paragraph 6(1)(a)(i) or” were omitted,
ii
in sub-paragraph (4A)(a) the reference to “6(1) or” were omitted,
iii
for sub-paragraph (11) there were substituted —
11
Where sub-paragraph (10) applies, in determining for the purposes of paragraph 7(1) whether a person has been entitled to a jobseeker’s allowance for a continuous period of 13 weeks or more, any week falling between the date of the termination of the previous award and the date of the new claim is to be ignored.
;
iv
in sub-paragraph (15) the reference to “6(1)(a), 6(1)(b) or” were omitted;
j
in paragraph 18 (continuity with income support) sub-paragraph (1)(a) were omitted.
PART 4 Modifications relating to certain persons who claim State Pension Credit
Modifications relating to certain persons who claim State Pension Credit
12
1
This Part applies where —
a
a person becomes entitled to state pension credit;
b
that person or that person’s partner ceases to be entitled to a relevant benefit;
c
that person or his or her partner is a person to whom Part 2 or 3 applies;
d
the last day on which the person or his or her partner was entitled to a relevant benefit was no more than 12 weeks before —
i
except where head (ii) applies, the first day of entitlement to state pension credit; or
ii
where the claim for state pension credit was treated as made on a day earlier than the day on which it was actually made (“the actual date”), the day which would have been the first day of entitlement to state pension credit had the claim been treated as made on the actual date; and
e
in the period immediately before the date on which the person’s entitlement to the relevant benefit ended, his or her applicable amount included an amount in respect of housing costs under any of the provisions mentioned below.
2
The provisions are —
a
paragraph 16 (loans on residential property) or 17 (loans for repairs and improvements to the dwelling occupied as the home) of Schedule 6 to the Employment and Support Allowance Regulations;
b
paragraph 15 (loans on residential property) or 16 (loans for repairs and improvements to the dwelling occupied as the home) of Schedule 3 to the Income Support Regulations;
c
paragraph 14 (loans on residential property) or 15 (loans for repairs and improvements to the dwelling occupied as the home) of Schedule 2 to the Jobseeker’s Allowance Regulations.
3
Paragraph 8(2) (general provisions applying to housing costs) of Schedule 2 to the State Pension Credit Regulations is to apply in relation to a person to whom this Part applies as if the reference to “£100,000” were to “£200,000”.
Signed by authority of the Secretary of State for Work and Pensions.
Kitty Ussher
Parliamentary Under-Secretary of State,
Department for Work and Pensions
15th December 2008


text:
Citation and commencement
1
This Order may be cited as the Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2008 and shall come into force on the day after the day on which it is made.
Proscribed organisations
2
In Schedule 2 (Proscribed Organisations) to the Terrorism Act 2000 , omit “Mujaheddin e Khalq”.
Tony McNulty
Minister of State
Home Office
23rd June 2008


text:
Citation, commencement and application
1
1
This Order may be cited as the Education and Inspections Act 2006 (Commencement No. 1 and Saving Provisions) (Amendment) (England) Order 2008 and comes into force on 17th January 2008.
2
This Order applies only in relation to England.
Amendment of the Education and Inspections Act 2006 (Commencement No 1 and Saving Provisions) Order 2006
2
In article 4 of the Education and Inspections Act 2006 (Commencement No 1 and Saving Provisions) Order 2006 , for the words after “section 94 of SSFA 1998” to the end substitute “in respect of decisions on admissions communicated before 1st March 2008.”.
Jim Knight
Minister of State
Department for Children, Schools and Families
14th January 2008


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2008 and shall come into force on 3rd November 2008.
Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 2000
2
1
The National Health Service (Charges for Drugs and Appliances) Regulations 2000 are amended as follows.
2
In regulation 2 (interpretation), in paragraph (1) —
a
insert the following definition after the definition of “chemist” —
“community treatment order” means an order under section 17A(1) of the Mental Health Act 1983 ;
; and
b
insert the following definition after the definition of “local pharmaceutical services” —
“mental disorder” has the same meaning as in section 1 of the Mental Health Act 1983 ;
.
3
In regulation 5 (supply of drugs and appliances by certain NHS bodies) the following paragraph is substituted for paragraph (3A) —
3A
No charge shall be made and recovered under this regulation from a patient who is accepted by the person supplying the drug as —
a
suffering from tuberculosis, in respect of any drug supplied to that patient for the treatment of tuberculosis; or
b
being subject to a community treatment order, in respect of any drug supplied to that patient for the treatment of mental disorder.
.
4
In regulation 6A (supply of drugs under Patient Group Directions) the following paragraph is substituted for paragraph (3A) —
3A
No charge shall be made and recovered under this regulation from a patient who is accepted by the person supplying the drug as —
a
suffering from tuberculosis, in respect of any drug supplied to that patient for the treatment of tuberculosis; or
b
being subject to a community treatment order, in respect of any drug supplied to that patient for the treatment of mental disorder.
.
Signed by authority of the Secretary of State for Health
Dawn Primarolo
Minister of State,
Department of Health
2nd October 2008


text:
PART 1 General
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Teachers’ Pensions (Miscellaneous Amendments) Regulations 2008 and come into force on 1st April 2008.
2
The amendments made by regulation 15 have effect from 6th April 2006.
3
In these Regulations —
“the 1994 Regulations ” means the Teachers’ Superannuation (Additional Voluntary Contributions) Regulations 1994 ; and
“the 1997 Regulations ” means the Teachers’ Pensions Regulations 1997 .
PART 2 Amendment of the Teachers’ Superannuation (Additional Voluntary Contributions) Regulations 1994
2
The 1994 Regulations are amended in accordance with the following provisions of this Part.
3
In regulation 2(3) —
a
insert the following definition at the appropriate place in alphabetical order —
“old regulation C9” of the 1997 Regulations has the meaning given to it in Schedule 1 to those Regulations;
, and
b
in the definition of “salary” for “regulation C9 or C10” substitute “old regulation C9 or regulation C10”.
4
In regulation 7 for “regulation C9 or C10” substitute “old regulation C9 or regulation C10”.
5
In regulation 12(6) for “the period of 5 years” substitute “a period specified in the notice, being a period of no less than 5 years and no more than 10 years”.
6
In regulation 16 —
a
in paragraph (2A) for “12(1)” substitute “12(1A)”, and
b
in paragraph (3)(a) omit “12(6); or”.
PART 3 Amendment of the Teachers’ Pensions Regulations 1997
Amendment of the Teachers’ Pensions Regulations 1997
7
The 1997 Regulations are amended in accordance with the following provisions of this Part.
Discounted periods of pensionable employment where teachers’ contributions are not made
8
1
In paragraph (1) of regulation B1 (which makes general provision about pensionable employment) for “regulations B4 to B6” substitute “regulations B4 to B6A”.
2
After regulation B6 insert —
Discounted periods of pensionable employment where teachers’ contributions are not made
B6A
1
This regulation applies where —
a
the Secretary of State makes a demand under paragraph (2) of regulation C18 in respect of contributions of any of the kinds referred to in paragraph (1)(a) of that regulation (“the demand”);
b
the whole of the sum so demanded has not been paid at the end of the period of 3 years beginning on the date on which the demand is made;
c
the Secretary of State decides that this regulation should apply and gives written notice to that effect to the person to whom the demand was given; and
d
where any amount has been paid to the Secretary of State in part satisfaction of the demand, the Secretary of State repays that amount to the person on giving the notice referred to in sub-paragraph (c).
2
Any period of employment to which the contributions referred to in paragraph (1)(a) relate is not to be treated as a period of pensionable employment for the purposes of these Regulations.
.
Removal of the cap on contributable salary
9
1
In regulation C1 (which makes provision about the salary on which contributions are payable) —
a
in paragraph (8) —
i
for “paragraphs (9) and (10)” substitute “regulation C1A”, and
ii
omit “in terms of section 590C of the Taxes Act”;
b
omit paragraphs (9), (10) and (11); and
c
in paragraph (12), after the definition of “pay order” insert —
“permitted maximum” has the meaning given to it by regulation 1(2) of the Registered Pension Schemes (Modification of the Rules of Existing Schemes) Regulations 2006 ;
.
2
After regulation C1 insert —
Removal of the cap on contributable salary
C1A
1
Regulation C1(8) only applies to a person —
a
who is a relevant person, and
b
in respect of whom that regulation has not ceased to apply by virtue of paragraph (2).
2
Regulation C1(8) will cease to apply (in accordance with paragraphs (9) to (11)) to a relevant person —
a
who on or after 1st April 2008 elects in accordance with paragraph (4) for that provision not to apply for the purposes of determining the amount of the person’s contributable salary; or
b
who does not make such an election but the circumstances specified in paragraph (5) or (8) apply to that person.
3
In this regulation a “relevant person” is a person —
a
who is in pensionable employment immediately before 1st April 2008; and
b
who immediately before that date is a person to whom regulation C1(8) applies.
4
The election referred to in paragraph (2)(a) must —
a
be made by giving written notice to the Secretary of State;
b
include a written notice from the person’s employer confirming that the employer consents to regulation C1(8) not applying for the purposes of determining the amount of the person’s contributable salary; and
c
be received by the Secretary of State on or before 31st December 2008.
5
Subject to paragraph (7), the circumstances are that at any time on or after 1st April 2008 the relevant person referred to in paragraph (2)(b) begins a new employment.
6
For the purposes of paragraph (5), a person is to be treated as beginning a new employment if the person —
a
begins pensionable employment with an employer who is different from the employer in relation to the pensionable employment referred to in paragraph (3)(a), or
b
continues in pensionable employment with the same employer but in a new post under a different contract of employment.
7
Paragraph (5) does not apply where the person begins pensionable employment with a different employer by reason of a transfer of undertakings.
8
The circumstances are that at any time on or after 1st April 2008 —
a
the contract of employment of the relevant person is varied so that he is required to undertake functions which are materially different from those the person was required to undertake before the variation was made; and
b
the employer gives written notice to the Secretary of State of the variation of the person’s contract of employment.
9
In the case of a person to whom paragraph (2)(a) applies, regulation C1(8) ceases to apply on the last day of the month in which notice of the election is received by the Secretary of State in accordance with paragraph (4).
10
In the case of a person to whom paragraphs (2)(b) and (5) apply, regulation C1(8) ceases to apply immediately before the date on which the person begins the new employment referred to in paragraph (5).
11
In the case of a person to whom paragraphs (2)(b) and (8) apply, regulation C1(8) ceases to apply immediately before the date on which the variation in the contract of employment takes effect.
.
3
In regulation D1(1) for “regulation D2” substitute “regulations D2 and D5”.
4
After regulation D4 insert —
Calculation of reckonable service where cap on contributable salary is removed
D5
1
This regulation applies for the purposes of determining the length of reckonable service of a person —
a
who is a relevant person within the meaning of paragraph (3) of regulation C1A (removal of the cap on contributable salary); and
b
who has made the election referred to in paragraph (2)(a) of that regulation, or is a person to whom paragraph (2)(b) and either paragraph (5) or (8) of that regulation apply.
2
The reckonable service of such a person is (rounded up to the nearest day) —
A + ( B x
C
D
) ,
where —
A is the aggregate of periods of uncapped reckonable service;
B is the aggregate of periods of capped reckonable service;
C is the permitted maximum which has effect on the relevant date; and
D is —
the amount of the person’s contributable salary in the period of 12 months ending on —
in a case to which paragraph (2)(a) of regulation C1A applies, the last day of the month in which notice of the election is received by the Secretary of State in accordance with paragraph (4) of that regulation;
in a case to which paragraphs (2)(b) and (5) of regulation C1A apply, the last day of the person’s pensionable employment referred to in paragraph (3)(a) of that regulation; or
in a case to which paragraphs (2)(b) and (8) of regulation C1A apply, the day immediately before the date on which the variation of the contract of employment takes effect; or
where the amount referred to in sub-paragraph (a) is less than the permitted maximum, the permitted maximum.
3
In this regulation —
a
the reference to periods of capped reckonable service are to periods of employment or service which apart from this regulation the person would be entitled to count as reckonable service in accordance with the provisions of this Part, and in respect of which —
i
regulation C1(8) applies; or
ii
in the case of transferred-in service, the benefits payable in respect of the employment or service under the relevant pension scheme were subject to the limits imposed under section 590C of the Taxes Act or regulation 4 of the Registered Pension Schemes (Modification of the Rules of Existing Schemes) Regulations 2006;
b
references to periods of uncapped reckonable service are to any periods which apart from this regulation the person would be entitled to count as reckonable service in accordance with the provisions of this Part and which are not periods of capped reckonable service;
c
“permitted maximum” has the meaning given in regulation C1(12);
d
in paragraph (3)(a) —
i
the reference to transferred-in service is to service which the person is entitled to count as reckonable service by virtue of regulation F4(8) (acceptance of transfer values) or regulation F4A(3) (acceptance of transfer values as part of a bulk transfer); and
ii
the reference to the relevant pension scheme, in relation to transferred-in service, is to the previous scheme (within the meaning of regulation F4(1)) or, as the case may be, the pension scheme under which the past service pension rights referred to in regulation F4A(1) had accrued;
e
the reference to the amount of contributable salary received by the person is to the amount of contributable salary calculated in accordance with regulations C1 and C2, but disregarding paragraph (8) of regulation C1; and
f
the relevant date is —
i
in the case of a person to whom paragraph (2)(a) of regulation C1A applies, the first day of the first month after the date on which notice of the election is received by the Secretary of State in accordance with paragraph (4) of that regulation;
ii
in the case of a person to whom paragraphs (2)(b) and (5) of regulation C1A apply, the date on which the person begins the new employment referred to in paragraph (5) of that regulation; or
iii
in the case of a person to whom paragraphs (2)(b) and (8) of regulation C1A apply, the date on which the variation of the contract of employment takes effect.
.
5
In regulation E28 (which makes provision about the amount of a surviving spouse’s, surviving civil partner’s, surviving nominated partner’s or nominated beneficiary’s long term pension) —
a
in paragraph (4), after “paragraphs (3), (5)” insert “, (7C)”;
b
in paragraph (6), for “paragraph (3)” substitute “paragraphs (3) and (7C)”;
c
in paragraphs (7) to (7B), in each case after “paragraphs (3)” insert “, (7C)”; and
d
after paragraph (7B) of regulation E28 insert —
7C
Regulation D5 has effect for the purpose of calculating the length of the family benefit service of a deceased person, who was a person to whom paragraph (1) of that regulation applied, as that regulation would have had effect for the purpose of calculating the person’s reckonable service.
7D
For the purposes of paragraph (7C) —
a
references in regulation D5 to reckonable service shall be taken as references to family benefit service; and
b
references in paragraph (3)(a) and (b) of that regulation to the provisions of Part D shall be taken as references to paragraphs (3) to (7B) of this regulation.
.
6
In the second column of Schedule 1 —
a
in the definition of “Permitted maximum”, for “Construe” substitute “Except as provided in regulations C1(12) and D5(2), construe”; and
b
for the definition of “Transfer of undertakings” substitute —
Means —
where the transfer takes place on or after 6th April 2006, a relevant transfer within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ; and
where the transfer takes place before that date, a transfer of undertakings within the meaning given by the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
.
Insertion of references to parental leave
10
In each of the following provisions after “paternity” insert “, parental” —
a
regulation C2(1)(a);
b
regulation C2(9);
c
regulation D1(3)(b);
d
regulation E4(4)(c)(i)(bb);
e
regulation E8A(1)(b) ;
f
regulation E25(1)(a);
g
regulation E31(7)(a);
h
regulation H3(1)(g).
Purchase of additional benefits on and after reaching the age of 60
11
1
In regulation C3C (election in respect of additional benefits) for paragraph (1) substitute —
1
Any person in pensionable employment —
a
who has not attained the normal pension age, or
b
who is a pre-2007 entrant who has attained the age of 60 years but has not attained the age of 65 years,
may at any time elect to pay additional contributions in accordance with Schedule 2A in order to be credited with additional benefits.
.
2
In Schedule 2A (election in respect of additional benefits) —
a
in paragraph 4 —
i
in sub-paragraph (a) after “the normal pension age” insert “unless the person falls within sub-paragraph (aa)”and omit “and” at the end of that sub-paragraph;
ii
after sub-paragraph (a) insert the following —
aa
where the election is made by a person who is a pre-2007 entrant who has attained the age of 60 years, the period ends before the person attains the age of 65 years, and
; and
b
in paragraph 27(b), after “the normal pension age” insert “or, where the election is made in respect of a person who is a pre-2007 entrant who has attained the age of 60 years, the age of 65 years”.
Treatment on transfer from certain other public service pension schemes
12
1
In paragraph (2) of regulation EA1 (which defines various terms) after “in paragraph (3)” insert “or the condition in paragraph (3A)”.
2
After paragraph (3) of that regulation insert —
3A
The condition is that —
a
the person enters pensionable employment on or after 1st January 2007;
b
the person enters pensionable employment by virtue of a transfer of undertakings or by virtue of arrangements equivalent to a transfer of undertakings; and
c
immediately before entering pensionable employment the person was —
i
in employment pensionable under a public service pension scheme, and
ii
entitled under the rules of that scheme to receive benefits on retirement from such employment before or on attaining the age of 60 years.
3B
In paragraph (3A) —
a
“public service pension scheme” has the same meaning as in section 1 of the 1993 Act except that it does not include an occupational pension scheme established under section 7 of the Superannuation Act 1972; and
b
the reference to arrangements equivalent to a transfer of undertakings is to arrangements —
i
which do not constitute a transfer of undertakings, but
ii
under which the parties to the arrangements have agreed that the rights of the persons whose employments are being transferred should as far as practicable be treated in the same way as they would have been under a transfer of undertakings.
3C
For the purposes of paragraph (3A)(c)(ii) a person is not to be treated as being entitled under the rules of a pension scheme to receive benefits before or on attaining the age of 60 years, where such entitlement arises by virtue of any scheme rule making special provision —
a
as to early retirement on grounds of ill health, redundancy or otherwise, or
b
for benefits to be reduced for early payment.
.
Applications for incapacity benefit
13
1
In paragraph (2A) of regulation E33 (payment of benefits) —
a
omit “and” at the end of sub-paragraph (a), and
b
after sub-paragraph (b) insert —
c
where the person falls within regulation E4(4)(c)(i)(aa) or (cc), be made within 6 months after the end of the pensionable employment or within 6 months after the last payment of additional contributions under old regulation C9 or regulation C10 as the case may be, and
d
where the person falls within regulation E4(4)(c)(i)(bb), be made —
i
where the person was on unpaid sick leave, before the period of sick leave ends, and
ii
in any other case, before the date on which, under the arrangements made with the person’s employer, the leave or career break is due to end.
.
Conversion of excess amount of lump sum into pension
14
1
In paragraph (1) of regulation E5 substitute for the words from “together with” to the end of the paragraph —
together with —
a
the rate specified in regulation E5A where that regulation applies, and
b
any amount determined in accordance with paragraph (4B) of regulation E6 where that paragraph applies,
(but nothing in this regulation, regulation E5A or regulation E6(4B) shall prevent different parts of a person’s retirement pension being paid at different times if the person becomes entitled to the parts at different times).
.
2
In regulation E6 (which makes provision about a person’s retirement lump sum) insert after paragraph (4) —
4A
Paragraph (4B) applies in any case where, but for paragraph (4), a person would be entitled to a lump sum which exceeds the person’s permitted maximum (“the notional lump sum”).
4B
The annual rate of the person’s retirement pension is increased by an amount which represents the value of the amount by which the notional lump sum exceeds the person’s permitted maximum.
4C
The increase in the annual rate of the person’s retirement pension shall be determined by the Secretary of State after taking advice from the Government Actuary.
.
Meaning of “child” for the purposes of regulation E22
15
1
In paragraph (5) of regulation E22 (family benefits generally), after “adopted child,” insert —
or
accepted by him as a member of the family and wholly or mainly financially dependent on him,
.
2
In paragraph (11) of that regulation, for sub-paragraph (a) substitute —
a
in paragraph (5)(b) omit “financially”;
.
3
Subject to paragraph (4), the amendment made by paragraph (1) applies for the purposes of determining a person’s entitlement to a pension under regulations E24 to E30 where the pension is payable at any time on or after 6th April 2006.
4
Paragraph (3) does not apply in respect of pensions payable under regulations E24 to E30 to the children of a deceased person during the period beginning on 6th April 2006 and ending on 31st March 2008 where —
a
one or more payments have been made under those regulations to a child of that person during that period; and
b
the amount of the pension paid to that child has been determined on the basis of paragraph (5) of regulation E22 having effect without the amendment made by paragraph (1) above.
Correction of minor errors
16
1
In paragraph (4) of regulation E25 (amount and duration of short-term family benefits), for “E5(3)” substitute “E5(6)”.
2
In regulation H1 (modified application in case of employment at reduced rate) —
a
in paragraph (1)(a)(ii), for “as a reduced rate” substitute “at a reduced rate”, and
b
in paragraph (1)(f), for “1st of January” substitute “1st January”.
3
In paragraph 14 of Schedule 2A, insert “the” before “Secretary of State”.
Addition of Vocational Training Charitable Trust to list of employments pensionable on election
17
In paragraph 24 of Schedule 2 insert the following entry after the entry for the Stapleford Centre —
the Vocational Training Charitable Trust
.
Election in respect of protected benefits
18
1
This regulation applies to a person —
a
to whom a protected benefit is being paid or may become payable, and
b
who is placed in a worse position than the person would have been if a provision made by these Regulations had not applied in relation to the protected benefit.
2
A protected benefit is one which is being paid, or may become payable, under the 1997 Regulations to, or in respect of, a person who was employed in qualifying employment but ceased to be employed, or died, before 1st April 2008.
3
A person to whom this regulation applies may, by giving written notice to the Secretary of State before 1st July 2008, elect that the relevant provision shall not apply in relation to the protected benefit.
4
If the election under paragraph (3) is made in relation to the benefit of a person who is in pensionable employment or subsequently becomes re-employed in pensionable employment —
a
the election has effect in relation to the benefit only to the extent that it accrues or has accrued by virtue of —
i
periods of reckonable service before the cessation referred to in paragraph (2) (or, if there has been more than one cessation, the last of them before 1st April 2008), or
ii
contributions paid in respect of such periods, and
b
in determining entitlement to, or the amount of, the benefit to that extent the person is treated as having never re-entered pensionable employment again at any time after the cessation referred to in paragraph (2)) (but without prejudice to the application of this paragraph),
and the 1997 Regulations apply accordingly.
5
In this regulation —
a
“qualifying employment” means pensionable employment or excluded employment within the meaning of the 1997 Regulations; and
b
“pensionable employment” and “reckonable service” have the meanings given to them by the 1997 Regulations.
Jim Knight
Minister of State
Department for Children, Schools and Families
19th February 2008
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
28th February 2008


text:
PART 1 GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Primary Ophthalmic Services Amendment, Transitional and Consequential Provisions Regulations 2008 and come into force on 1st August 2008.
2
These Regulations apply in relation to England.
Interpretation
2
1
In these Regulations —
“the 1977 Act” means the National Health Service Act 1977 ;
“the 1986 Regulations” means the National Health Service (General Ophthalmic Services) Regulations 1986 ;
“the 2006 Act” means the National Health Service Act 2006 ;
“the Complaints Regulations” means the National Health Service (Complaints) Regulations 2004 .
“the Contracts Regulations” means the General Ophthalmic Services Contracts Regulations 2008 ;
“general ophthalmic services contract” means a contract under section 117 of the 2006 Act (general ophthalmic services contracts: introductory);
“ophthalmic list” means the list of persons that had effect on and before 31st July 2008 who undertook to provide general ophthalmic services for persons in a PCT’s area kept by a PCT under regulations made under section 39(1)(a) of the 1977 Act ;
“ophthalmic practitioner” means a person who was included in an ophthalmic list;
“Optical Charges Regulations” means the National Health Service (Optical Charges and Payments) Regulations 1997 ;
“PCT” means a Primary Care Trust;
“the Statement” means the Statement of remuneration of ophthalmic practitioners determined and published by the Secretary of State under regulation 10 of the 1986 Regulations , as it had effect on 31st July 2008; and
“the Transitional Regulations” means the Primary Ophthalmic Services Transitional Provisions Regulations 2008 .
2
In this Order, the use of the term “it” in relation to a contractor or ophthalmic practitioner includes a reference to a contractor or ophthalmic practitioner that is an individual or two or more individuals practising in partnership and related expressions shall be construed accordingly.
PART 2 TRANSITIONAL PROVISIONS IN RESPECT OF GENERAL OPHTHALMIC SERVICES PROVIDED BEFORE 1ST AUGUST 2008
Interpretation of Part 2
3
For the purposes of this Part “relevant contractor” means an ophthalmic practitioner included in an ophthalmic list on 31 st July 2008 which enters into a general ophthalmic services contract and includes any contractor which is a partnership, one of whose partners was such an ophthalmic practitioner.
Investigation of outstanding complaints
4
1
Subject to paragraph (2), where before 1st August 2008 —
a
a complaint had been made under paragraphs 8A to 8C of Schedule 1 (terms of service) to the 1986 Regulations by or on behalf of a patient or former patient of an ophthalmic practitioner; and
b
the investigation of that complaint under the procedure required to be established under those paragraphs had not concluded,
that complaint must, on or after 1st August 2008, be investigated, or continue to be investigated, by the relevant contractor, as if those paragraphs had not been revoked and continued to have effect as in force on 31st July 2008.
2
In a case where there is no relevant contractor the complaint must be investigated or continue to be investigated by the PCT on whose ophthalmic list the ophthalmic practitioner was included.
3
Where a complaint falls to be investigated by a PCT under paragraph (2), the investigation shall be carried out in accordance with the Complaints Regulations.
Complaints relating to general ophthalmic services made after 31st July 2008
5
1
Subject to paragraph (2), the complaints procedure established and operated by a relevant contractor under the terms of its general ophthalmic services contract which gives effect to paragraph 22 of Schedule 1 (other contractual terms) to the Contracts Regulations shall apply to any complaint which a patient or former patient of the relevant contractor could have made (but did not make) on or before 31st July 2008 under paragraphs 8A to 8C of Schedule 1 to the 1986 Regulations, as it applies to complaints made by a patient or former patient of the relevant contractor in relation to any matter reasonably connected with the provision of services under the contract.
2
In a case where there is no relevant contractor, the complaint must be investigated by the PCT in whose area the general ophthalmic services were provided.
3
Where a complaint falls to be investigated by a PCT under paragraph (2), the investigation shall be carried out in accordance with the Complaints Regulations.
Recovery of Overpayments
6
1
Where, before 1st August 2008, an ophthalmic practitioner had admitted an overpayment drawn to its attention by a PCT under regulation 12(2) (payment for services) of the 1986 Regulations , but the overpayment, or any part of it, had not been recovered before that date, the amount overpaid, or the part of it not recovered, shall continue to be recoverable by that PCT and be treated as a debt owed by that ophthalmic practitioner to that PCT, notwithstanding the revocation of the 1986 Regulations.
2
Notwithstanding the revocation of the 1986 Regulations, where a PCT considers that a payment has been made to an ophthalmic practitioner under the Statement when it was not due and that alleged overpayment has not been drawn to the ophthalmic practitioner’s attention by the PCT before 1st August 2008, that PCT may draw that overpayment to the attention of the ophthalmic practitioner and —
a
where the overpayment is admitted by the ophthalmic practitioner, the PCT may recover the amount overpaid from the ophthalmic practitioner as a civil debt; and
b
where the overpayment is not admitted by the ophthalmic practitioner —
i
the arrangements for appeals referred to in regulation 12(2)(b) of the 1986 Regulations as in force on 31st July 2008, as those arrangements had effect on 31st July 2008, shall apply,
ii
if the ophthalmic practitioner does not appeal or appeals unsuccessfully, the PCT may recover the amount of the civil debt.
3
Where, before 1st August 2008, a PCT has drawn a possible overpayment under the Statement to the attention of an ophthalmic practitioner, and the overpayment has not been admitted by the ophthalmic practitioner, then notwithstanding the revocation of the 1986 Regulations —
a
the arrangements for appeals referred to in regulation 12(2)(b) of the 1986 Regulations, as in force on 31st July 2008, as those arrangements had effect on 31st July 2008, shall apply; and
b
if the ophthalmic practitioner has not appealed or does not appeal, or is unsuccessful in an appeal, the PCT may recover the amount as a civil debt.
Remuneration of Ophthalmic Practitioners
7
1
Notwithstanding the revocation of the 1986 Regulations, claims may still be made for payments under the Statement by an ophthalmic practitioner in relation to general ophthalmic services provided before 1st August 2008, who may be entitled to such a payment, provided that the claim is made within any period stipulated in the Statement as being the period during which a claim for the payment is to be made.
2
Notwithstanding the revocation of the 1986 Regulations, as regards any claim for payment under the Statement which is made within the period stipulated in the Statement (whether before 1st August 2008 or by virtue of paragraph (1)), the 1986 Regulations shall continue to have effect as they were in force on 31st July 2008 in respect of —
a
the approval and making of the payments;
b
the recovery of payments and overpayments; and
c
the payments in consequence of suspension or successful appeal.
Service of documents
8
Where any notice or other document is required to be given or sent as a consequence of regulation 16 (service of documents on contractors) of the 1986 Regulations and has not be given or sent before 1st August 2008, notwithstanding the revocation of the 1986 Regulations, regulation 16 of those Regulations shall continue to have effect as in force on 31st July 2008 in respect of such a notice or document.
Records
9
Notwithstanding the revocation of the 1986 Regulations, an ophthalmic practitioner shall continue to keep a record in respect of the matters referred to in paragraph 6(1) (records) of Schedule 1 to the 1986 Regulations and paragraph 6 of that Schedule shall continue to have effect as in force on 31st July 2008 to such a record until 1st August 2015.
PART 3 TRANSITIONAL ARRANGEMENTS: THE NATIONAL HEALTH SERVICE (SERVICE COMMITTEES AND TRIBUNAL) REGULATIONS 1992
Interpretation: Part 3
10
1
In this Part —
“the Service Committees Regulations” means the National Health Service (Service Committees and Tribunal) Regulations 1992 ;
“amendments” in respect of any regulation in the Service Committees Regulations means amendments made to that regulation by paragraph 3 of Schedule 1 to this Order;
“appropriate PCT” means the appropriate Primary Care Trust within the meaning of regulation 4(5) of the Service Committees Regulations;
“contracting PCT” means a PCT that has entered into a general ophthalmic services contract with —
an ophthalmic practitioner who is the subject of the allegation,
a partnership, where an ophthalmic practitioner who is the subject of the allegation is a partner, or
a corporate body, where an ophthalmic practitioner who is the subject of the allegation is a director, chief executive or secretary of that body;
“the Performers List PCT” means the PCT (if any) in whose ophthalmic performers list the ophthalmic practitioner’s name appears on 1st August 2008;
“Performers Lists Regulations” means the National Health Service (Performers Lists) Regulations 2004 ;
“relevant contractor” means a party to a general ophthalmic services contract with a contracting PCT, where that contractor is —
an ophthalmic practitioner who is the subject of the allegation;
a partnership, where an ophthalmic practitioner who is or was the subject of the allegation is a partner in that partnership; or
a corporate body, where an ophthalmic practitioner who is or was the subject of the allegation is a director, chief executive or secretary of that body;
“relevant date” means 1st August 2008,
and terms used both in this Part and in the Service Committees Regulations shall bear the same meaning in this Part as they do in those Regulations.
2
Unless the context otherwise requires, any reference in this Part to —
a
a numbered regulation is to the regulation bearing that number in the Service Committees Regulations; and
b
a numbered Schedule is to the Schedule to the Service Committees Regulations bearing that number.
Cases where no decision has been made before the relevant date as to whether disciplinary action should be taken (regulation 4)
11
1
Where, before the relevant date, or on or after the relevant date in respect of a matter that occurred before the relevant date, a PCT receives, or has received, information that could amount to an allegation that an ophthalmic practitioner had failed to comply with the terms of service and —
a
that PCT, or its reference committee, has not taken a final decision pursuant to regulation 4(1) before the relevant date as to whether it will take no action or take one or both of the courses of action set out in regulation 4(2); and
b
any time limit specified in regulation 6 has not expired,
paragraph (2) shall apply.
2
Where this paragraph applies, the PCT shall —
a
if it is the appropriate PCT, continue to be the appropriate PCT for the purposes of the Service Committees Regulations, and consider and take such action as it sees fit pursuant to the Service Committees Regulations, subject to regulation 14 of these Regulations, as if the amendments to regulations 2 to 6 and 10 and Schedules 2 and 4 had not taken effect; or
b
if it is not the appropriate PCT, forward the information to the appropriate PCT as soon as is reasonably practicable, and that PCT shall consider the information received and take such action as it sees fit pursuant to the Service Committees Regulations, as if the amendments to regulations 2 to 6 and 10 and Schedules 2 and 4 had not taken effect.
3
If the appropriate PCT, or its reference committee, decides to refer the matter to another PCT (PCT B) in accordance with regulation 4(2)(a) or (7) (that is for investigation under regulation 5(1)) —
a
PCT (B) shall investigate the matter and report to the appropriate PCT as if the amendments to regulations 2 to 10 and Schedules 2 and 4 had not taken effect; and
b
the appropriate PCT shall be entitled, subject to regulation 14 of these Regulations, to take any action it could have taken pursuant to the Service Committees Regulations as if those amendments had not taken effect.
Referrals to investigating discipline committees before the relevant date (regulation 5)
12
Where a PCT (PCT(A)) has, before the relevant date, referred a matter in respect of an ophthalmic practitioner to another PCT (PCT (B)) in accordance with regulation 4(2)(a) or (7) (that is for investigation under regulation 5(1)) and —
a
that matter has not been finally determined by the discipline committee of PCT (B) before the relevant date —
i
the discipline committee of PCT (B) shall investigate the matter and report to the PCT (A) as if the amendments to regulations 2 to 6 and 10 and Schedules 2 and 4 had not taken effect, and
ii
PCT (A) shall be entitled to take any action it could have taken pursuant to the Service Committees Regulations as if those amendments had not taken effect, subject to regulation 14 of these Regulations; or
b
PCT (A) has received the report of the discipline committee of PCT (B), but has not yet determined what (if any) action to take as a result of the report, PCT (A) shall be entitled to take any action it could have taken pursuant to the Service Committees Regulations as if the amendments to regulations 2 to 6 and 10 had not taken effect, subject to regulation 14 of these Regulations.
Determination of a PCT or the Secretary of State made before the relevant date (regulations 8, 9, 10 and 11)
13
1
Where, before the relevant date, a PCT (or where relevant, the Secretary of State) has determined pursuant to regulation 8(5)(a), regulation 9(3) or regulation 11 that an amount should be recovered from the ophthalmic practitioner, in so far as any of that amount has not been recovered before the relevant date, it shall continue to be recoverable by the PCT that was the appropriate PCT for the purposes of the Service Committees Regulations in respect of that matter, and it shall be treated as a debt owed by that ophthalmic practitioner to that Trust.
2
Where a contracting PCT has record of, or receives notification of, an adverse determination made before the relevant date pursuant to regulation 8, 9, 10, 11 or 12 in respect of an ophthalmic practitioner (where, in the case of a determination under regulation 8, such a determination was not overturned on appeal), paragraph (3) shall apply without prejudice to any other rights the contracting PCT may have to take action against the relevant contractor pursuant to any term of the general ophthalmic services contract.
3
Where this paragraph applies, the contracting PCT —
a
may take into account that adverse determination in relation to a relevant contractor if it is considering, pursuant to a term of the general ophthalmic services contract that gives effect to paragraph 46(7) (remedial notices and breach notices) of Schedule 1 to the Contracts Regulations , whether the cumulative effect of breaches under that contract is such that to allow the contract to continue would be prejudicial to the efficiency of the services provided under that contract; but
b
in any case where the contracting PCT is considering terminating the general ophthalmic services contract, it shall not take into account any adverse determination that was made more than 6 years before the date of any such proposed termination.
4
Where a Performers List PCT has record of, or receives notification of, an adverse determination pursuant to regulation 8, 9, 10, 11 or 12 made before the relevant date in respect of a ophthalmic practitioner (where, in the case of a determination under regulation 8, such a determination was not overturned on appeal) it may take that determination into account in determining what (if any) action it should take in respect of that ophthalmic practitioner pursuant to its powers under the Performers Lists Regulations.
Determination of a PCT made on or after the relevant date (regulation 8)
14
1
Where, on or after the relevant date, an appropriate PCT is determining what (if any) action to take pursuant to regulation 8 in accordance with provision made in this Part, it shall make the determination in accordance with the provisions relating to that regulation specified in this regulation.
2
The appropriate PCT may —
a
pursuant to regulation 8(1)(c)(i), determine that no further action should be taken;
b
pursuant to regulation 8(5)(a), determine that an amount shall be recovered from the ophthalmic practitioner; or
c
pursuant to regulation 8(5)(c), determine that it would have warned the ophthalmic practitioner to comply more closely with the terms of service in future, if those terms of service were still applicable,
and if it makes any one or more of the decisions specified in sub-paragraphs (b) or (c), it shall, after the period specified in regulation 8(11)(a) or (b) (as applicable) has expired, notify in writing the contracting PCT and the Performers List PCT (if any) of its decision and the reasons for it, if either one is a different PCT to the appropriate PCT.
3
Where, pursuant to paragraph (2)(b), the appropriate PCT determines that an amount should be recovered from the ophthalmic practitioner, that amount shall be recoverable by the appropriate PCT and it shall be treated as a debt owed by that ophthalmic practitioner to the appropriate PCT.
4
Where the appropriate PCT has notified the contracting PCT that it has made any of the determinations specified in paragraph (2)(b) or (c), or where the appropriate PCT is the contracting PCT, paragraph (5) shall apply without prejudice to any other rights the contracting PCT may have to take action against the relevant contractor pursuant to any term of the general ophthalmic services contract.
5
Where this paragraph applies, the contracting PCT —
a
may, in relation to a relevant contractor, take into account the determination of the appropriate PCT if it is considering, pursuant to a term of the general ophthalmic services contract that gives effect to paragraph 46(7) of Schedule 1 to the Contracts Regulations , whether the cumulative effect of breaches under that contract or agreement is such that to allow the contract to continue would be prejudicial to the efficiency of the services provided under that contract; but
b
in any case where the contracting PCT is considering terminating the general ophthalmic services contract, it shall not take into account any adverse determination that was made more than 6 years before the date of any such proposed termination.
6
Where —
a
a Performers List PCT has received notification from an appropriate PCT pursuant to paragraph (2); or
b
where an appropriate PCT that has taken a decision pursuant to paragraph (2) is also the Performers List PCT,
it shall consider what (if any) action it should take in respect of that ophthalmic practitioner pursuant to its powers under the Performers Lists Regulations.
Appeals to the Secretary of State against determinations of PCTs (regulations 9, 10 and 11)
15
1
Where —
a
an ophthalmic practitioner has appealed against a determination of a PCT in accordance with regulation 9 before the relevant date, but that appeal has not been finally determined before that date; or
b
in respect of a determination made by a PCT in accordance with regulation 8 before the relevant date, the time limit specified in regulation 9(2) for appealing that determination has not expired before the relevant date and the ophthalmic practitioner serves a notice of appeal on or after the relevant date, but within the time limit specified in regulation 9(2),
that appeal shall be determined pursuant to regulations 9, 10 and 11, as if any amendments in these Regulations to those regulations had not taken effect.
2
Where an appropriate PCT has made a determination in respect of an ophthalmic practitioner on or after the relevant date pursuant to this Part —
a
the ophthalmic practitioner shall be entitled to appeal against that determination in accordance with regulation 9; and
b
that appeal shall be determined pursuant to regulations 9, 10 and 11,
as if any amendments in these Regulations to those regulations had not taken effect.
3
Where, on or after the relevant date, the Secretary of State is determining pursuant to regulation 9, 10 or 11 what (if any) action to take in respect of an ophthalmic practitioner, the Secretary of State shall make a determination pursuant to those regulations as if the amendments to those regulations had not taken effect and that determination shall have effect in accordance with this regulation.
4
If, in accordance with paragraph (3), the Secretary of State determines pursuant to —
a
regulation 9(3)(d), that there has been an overpayment and, if so, what amount;
b
regulation 8(5)(a) and 9(3) or 11, that an amount shall be recovered from the ophthalmic practitioner; or
c
regulation 8(5)(c) and 9(3), that the Secretary of State would have warned the ophthalmic practitioner to comply more closely with its terms of service in future, if those terms of service were still applicable;
the Secretary of State shall, in addition to the persons specified in regulation 10(14), notify the PCT specified in paragraph (5).
5
The PCT specified is the contracting PCT and the Performers List PCT (if any) if those PCTs are different to the PCT specified in regulation 10(14).
6
Where, pursuant to regulation 8(5)(a), 9(3) or 11, the Secretary of State has determined that an amount shall be recovered from an ophthalmic practitioner, the Secretary of State shall direct the appropriate PCT, to recover that amount from the ophthalmic practitioner and that amount shall be a debt owed to that appropriate PCT.
7
Where, pursuant to paragraph (5), the Secretary of State has notified the contracting PCT that the Secretary of State has taken any of the decisions specified in paragraph (4)(a) to (4)(c), whether or not the contracting PCT is also the appropriate PCT, paragraph (8) shall apply without prejudice to any other right the contracting PCT may have to take action against the relevant contractor pursuant to any term of the general ophthalmic services contract.
8
Where this paragraph applies, the contracting PCT may, in relation to a relevant contractor, take into account the determination of the Secretary of State if it is considering, pursuant to a term of the general ophthalmic services contract that gives effect to paragraph 46(7) of Schedule 1 to the Contracts Regulations whether the cumulative effect of breaches under that contract is such that to allow the contract to continue would be prejudicial to the efficiency of the services provided under that contract.
9
The contracting PCT shall not, pursuant to paragraph (8), take into account any notification received that relates to a determination that was made by the Secretary of State more than 6 years before the date upon which the contracting PCT is considering the matter pursuant to paragraph (8).
10
Where a Performers List PCT has received notification from the Secretary of State pursuant to paragraph (4) or (5), whether or not the Performers List PCT is also the appropriate PCT, it shall consider what (if any) action it should take in respect of that ophthalmic practitioner pursuant to its powers under the Performers Lists Regulations.
Functions of Local Optical Committees
16
Where —
a
a Local Optical Committee has, before the relevant date had any matter referred to it for its consideration that it had not finally determined before the relevant date; and
b
pursuant to this Part, that matter is to be determined by the Local Optical Committee on or after the relevant date,
the Local Optical Committee that is recognised by a PCT pursuant to section 125 (local optical committees) of the 2006 Act shall be the Committee to consider or determine the matter.
PART 4 TRANSITIONAL, CONSEQUENTIAL AND REVOCATION PROVISIONS
Transitional provision in relation to the Family Health Services Appeal Authority (Procedure) Rules 2001
17
Notwithstanding the amendments made to the Family Health Services Appeal Authority (Procedure) Rules 2001 by paragraph 8 of Schedule 1, those Rules shall, in relation to any decision of a PCT made before 1st August 2008, continue to apply as they had effect on 31st July 2008 as if those amendments had not been made.
Minor and consequential amendments
18
The provisions listed in Schedule 1 are amended as there specified.
Revocations
19
The provisions listed in Schedule 2 are revoked in relation to England to the extent there specified.
Signed by authority for the Secretary of State for Health
Ann Keen
Parliamentary Under Secretary of State
Department of Health
28th June 2008


text:
1
This Order may be cited as the Bede Sixth Form College, Billingham (Dissolution) Order 2008 and comes into force on 30 th April 2008.
2
On 30 th April 2008 the corporation is dissolved and all of its property, rights and liabilities are transferred to Stockton College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act applies to any person employed by the corporation immediately before 30 th April 2008 as if the references in that section–
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 30 th April 2008;
c
to the transferor were to the corporation; and
d
to the corporation were to Stockton College.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
25th March 2008


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Local Government Pension Scheme (Transitional Provisions) Regulations 2008.
2
These Regulations apply in relation to England and Wales .
3
These Regulations shall come into force as follows —
a
regulation 8 on 10th March 2008; and
b
the remainder on 1st April 2008.
4
In these Regulations —
“the 1997 Regulations ” means the Local Government Pension Scheme Regulations 1997 ;
“the 1997 Scheme ” means the occupational pension scheme constituted by the 1997 Regulations;
“the Administration Regulations ” means the Local Government Pension Scheme (Administration) Regulations 2008 ;
“the Benefits Regulations ” means the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 ; and
“ the Scheme ” means the Local Government Pension Scheme 2008 constituted by the Benefits Regulations and the Administration Regulations.
Revocation of Regulations
2
1
Except where these Regulations provide otherwise, the Regulations listed in Schedule 1 are revoked.
2
Accordingly, no person may become a member of the 1997 Scheme after 31st March 2008 or accrue benefits in it in respect of any service after that date.
Membership accrued before 1st April 2008: active members
3
1
This regulation applies to a person who was an active member of the 1997 Scheme and becomes a member of the Scheme by virtue of regulation 2 of the Benefits Regulations.
2
Notwithstanding the revocations effected by regulation 2, the regulations listed in the Schedule continue to have effect, subject to regulation 4, so far as is necessary so that —
a
The person’s total membership accrued in the 1997 Scheme in respect of, or calculated by reference to, his service before 1st April 2008, and the pension rights accrued at that date, are preserved; and
b
his benefits under the 1997 Scheme are payable immediately where benefits become payable without reduction under regulations 16, 17, 19 and 20 of the Benefits Regulations, or with the appropriate actuarial reduction in line with guidance produced by the Government Actuary where benefits become payable under regulations 18 or 30 of the Benefits Regulations.
3
But his pay, for the purposes of any calculation of benefits under paragraph (2), is calculated in accordance with regulations 8 to 11 of the Benefits Regulations.
4
And, for the purposes of regulations 24, 33 or 36 of the Benefits Regulations as they apply to nominated cohabiting partners or civil partners, only periods of membership after 5th April 1988 are to be taken into account.
Membership accrued before 1st April 2008: deferred members
4
1
This regulation applies to a person —
a
who was a deferred member of the 1997 Scheme;
b
who becomes a member of the Scheme by virtue of regulation 13 of the Administration Regulations; and
c
whose preserved benefits under the 1997 Scheme have not yet come into payment.
2
He may choose, by notice in writing to the appropriate administering authority within 12 months of becoming a member of the Scheme under paragraph (1)(b), to be treated as if regulation 3 applied.
Membership accrued before 1 st April 2008: concurrent employments
5
Where a member to whom regulation 3 applies has membership to which regulation 17 of the Administration Regulations also applies, the calculation of any period for the purposes of the latter provision is carried out separately in respect of periods of employment before 1 st April 2008 as if regulation 32A of the 1997 Regulations still applied and in respect of periods of employment after 31 st March 2008 in accordance with regulation 17 of the Administration Regulations.
Survivor benefits
6
1
Subject to paragraphs (2) and (3), any survivor benefits payable in respect of a person to whom regulation 3 or 4 applies are calculated as if the Benefits Regulations applied to all of his membership, whether accrued before or after 1st April 2008.
2
The survivor benefits payable in respect of a deferred member to whom regulation 4 does not apply are calculated as if his total membership before 1st April 2008 was a separate period of membership to which the conditions in force at the time he became a deferred member apply.
3
Regulation 42 of the 1997 Regulations continues to apply to a deferred or pensioner member who marries after becoming such a member.
Deferred members: limit on death grant
7
Where a person to whom regulation 3 applies becomes a deferred member after 31 st March 2008 and dies before his pension comes into payment, the sum of any death grants to which he is entitled under any provision of the Scheme or of the 1997 Scheme, as continued in effect by regulation 3, shall not exceed his retirement pension multiplied by five.
Members’ contributions: information
8
The employing authority of a person to whom regulation 2(3) of the Benefits Regulations applies shall inform him, before 1 st April 2008, of the contribution rate applicable to him in accordance with regulation 3(2) of those Regulations.
Members’ contributions: lower rate rights
9
1
Subject to paragraph (4), the contribution rates set out in the table in regulation 3(2) of the Benefits Regulations (“the 2007 table ”) do not apply to a person to whom regulation 12(3) of the 1997 Regulations, as continued in effect by regulation 3(2), applies.
2
Instead, the contribution rate to be applied to such a member is calculated in accordance with the following table —
Year commencing Contribution rate
1st April 2008 5.25% 1st April 2009 5.5% 1st April 2010 6.5%
3
But if the application of the table set out in paragraph (2) would result in a member’s contribution rate being greater that if the table applied, his contribution is paid at the lower rate.
4
After 31st March 2011, such a member makes contributions in accordance with the 2007 table.
The 85 year rule
10
1
This regulation applies to a person —
a
to whom regulation 3 applies; and
b
in respect of whom the appropriate administering authority has consented to pay retirement benefits following a request made by him under regulation 30 of the Benefits Regulations.
2
Schedule 2 (which makes transitional provision relating to the so-called “85 year rule”) has effect in relation to such a person.
Appropriate funds
11
The pension funds which are appropriate pension funds for members of the 1997 Scheme who do not become members of the Scheme (as to which see regulation 19 of the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 ) shall continue to be the appropriate funds for those members.
Application of abatement policy in individual cases
12
Notwithstanding the revocation of regulation 110 of the 1997 Regulations, paragraph (5) of that regulation shall continue to apply to a person who was a member of the Local Government Pension Scheme constituted under the Local Government Pension Scheme Regulations 1995 immediately before 1st April 1998.
Councillor members
13
Notwithstanding the revocation of the 1997 Regulations, they continue to have effect in respect of councillor members and their councillor membership as applied by regulation 137A of those Regulations, with the modifications set out in Schedule 8 to those Regulations.
Pension sharing
14
1
Regulations 147(2)(a) and 155(2) of the 1997 Regulations, as continued in effect by regulation 3, apply as if they included a reference to rights accruing under the Scheme as well as under the 1997 Scheme.
2
But Regulations 152 and 156 do not continue to apply.
3
In relation to any entitlement under the 1997 Scheme, a lump sum which is a trivial commutation lump sum within the meaning of section 166 of the Finance Act 2004 or a trivial commutation lump sum death benefit within the meaning of section 168 of that Act may be paid in accordance with the rules relating to the payment of such benefits under the Finance Act 2004.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
6th February 2008