text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines for Human Use (Administration and Sale or Supply) (Miscellaneous Amendments) Order 2007 and shall come into force on 1st September 2007.
2
In this Order —
“the POM Order ” means the Prescription Only Medicines (Human Use) Order 1997 ; and
“the Pharmacy and General Sale Order ” means the Medicines (Pharmacy and General Sale — Exemption) Order 1980 .
Amendment of article 1 of the POM Order
2
1
Article 1 of the POM Order (citation, commencement and interpretation) is amended as follows.
2
In paragraph (2) —
a
in the definition of “independent clinic” —
i
in paragraph (b), for “2001;” substitute “2001, and”, and
ii
after paragraph (b) insert —
c
in relation to Northern Ireland, has the meaning given by article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 ;
;
b
in the definition of “independent hospital” —
i
in paragraph (b), for “2001;” substitute “2001, and”, and
ii
after paragraph (b) insert —
c
in relation to Northern Ireland, has the meaning given by article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;
; and
c
in the definition of “independent medical agency” —
i
in paragraph (b), for “2001;” substitute “2001, and”, and
ii
after paragraph (b) insert —
c
in relation to Northern Ireland, has the meaning given by article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;
;
d
in the definition of “nursing home”, for the words from “article 16” to the end of the paragraph substitute “article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003”;
e
in the definition of “Patient Group Direction” —
i
in paragraph (a) —
aa
after “with the” insert “sale or”, and
bb
for “supply and administration” substitute “sale or supply, and administration,”, and
ii
in sub-paragraph (ii), after “relates to” insert “sale or”;
f
in the definition of “registered provider” —
i
in paragraph (a), after sub-paragraph (ii) insert —
iii
in relation to Northern Ireland, the person registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the person carrying on the establishment or agency, and
, and
ii
for paragraph (b), substitute —
b
in relation to a nursing home, the person registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the person carrying on the establishment;
;
g
in the definition of “relevant manager” —
i
in paragraph (a), after sub-paragraph (ii) insert —
iii
in relation to Northern Ireland —
aa
a person who is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the manager of the establishment or agency, but who is not the registered provider for that establishment or agency, or
bb
if there is no such person, but the registered provider has appointed a person to manage the establishment or agency, that appointed person, and
, and
ii
for paragraph (b), substitute —
b
in relation to a nursing home —
i
a person who is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the manager of the establishment or agency, but who is not the registered provider for that establishment or agency, or
ii
if there is no such person, but the registered provider has appointed a person to manage the establishment or agency, that appointed person;
.
3
In paragraph (8) —
a
after “arrangement for the” insert “sale,”; and
b
after “such” insert “sale,”.
Amendment of article 12C of the POM Order
3
In article 12C of the POM Order (exemption for persons conducting a retail pharmacy business who supply or administer prescription only medicines under a patient group direction) —
a
in paragraph (1) —
i
after “apply to the” insert “sale or”,
ii
for sub-paragraph (a) substitute the following paragraph —
a
the medicine —
i
is supplied, or as the case may be, is administered by such a person pursuant to an arrangement made with —
aa
a body referred to in article 12A(a) to (d),
bb
a force or service referred to in article 12E(1)(a)(i) to (iii), or
cc
Her Majesty’s Forces,
for the supply or, as the case may be, the administration of prescription only medicines; or
ii
is sold or supplied or, as the case may be, is administered by such a person pursuant to an arrangement made with an authority or person carrying on the business of an establishment or agency referred to in article 12D(1) for the sale or supply or, as the case may be, the administration of prescription only medicines;
, and
iii
in sub-paragraph (b), after “medicine is” insert “sold or”; and
b
in paragraph (2) —
i
in sub-paragraph (a) —
aa
after “relates to the” insert “sale or”,
bb
after “who” insert “sells or”, and
cc
after “medicine is” insert “sold or”, and
ii
in sub-paragraph (d), after “medicine is” insert “sold or”.
Amendment of article 12D of the POM Order
4
In article 12D of the POM Order (exemption for the supply and administration of prescription only medicines in independent hospitals, clinics and agencies) —
a
in paragraph (1) —
i
after “apply to the” insert “sale or”,
ii
for sub-paragraphs (a) and (b) substitute —
a
an independent hospital,
b
an independent clinic,
c
an independent medical agency, or
d
in Northern Ireland, a nursing home,
, and
iii
after “medicine is” insert “sold or”; and
b
in paragraph (2) —
i
in sub-paragraph (a) —
aa
after “relates to the” insert “sale or”,
bb
after “who” insert “sells or”, and
cc
after “medicine is” insert “sold or”,
ii
in sub-paragraph (d) —
aa
after “the individual who” insert “sells or” and
bb
after “purpose of the” insert “sale or”, and
iii
in sub-paragraph (e), after “medicine is” insert “sold or”.
Amendment of Schedule 7 to the POM Order
5
In Schedule 7 to the POM Order, in Part 1 (particulars to be included in a patient group direction), in paragraph (c), after “may be” insert “sold or”.
Amendment of article 1 of the Pharmacy and General Sale Order
6
In article 1 of the Pharmacy and General Sale Order (citation, commencement and interpretation), in paragraph (2), in sub-paragraph (a) —
a
in the definition of “independent clinic” —
i
in paragraph (b), for “2001;” substitute “2001, and”, and
ii
after paragraph (b), insert —
c
in relation to Northern Ireland, has the meaning given by article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;
;
b
in the definition of “independent hospital” —
i
in paragraph (b), for “2001;” substitute “2001, and”, and
ii
after paragraph (b) insert —
c
in relation to Northern Ireland, has the meaning given by article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;
;
c
in the definition of “independent medical agency” —
i
in paragraph (b), for “2001;” substitute “2001, and”, and
ii
after paragraph (b) insert —
c
in relation to Northern Ireland, has the meaning given by article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;
;
d
in the definition of “nursing home”, for the words from “article 16” to the end of the paragraph substitute “article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003”;
e
in the definition of “Patient Group Direction” —
i
for “supply and administration” substitute “sale or supply, and administration,”, and
ii
in paragraph (b), after “relates to” insert “sale or”;
f
in the definition of “registered provider” —
i
in paragraph (a), after sub-paragraph (ii) insert —
iii
in relation to Northern Ireland, the person registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the person carrying on the establishment or agency, and
, and
ii
for paragraph (b), substitute —
b
in relation to a nursing home, the person registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the person carrying on the establishment;
;
g
in the definition of “relevant manager” —
i
in paragraph (a), after sub-paragraph (ii) insert —
iii
in relation to Northern Ireland —
aa
a person who is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the manager of the establishment or agency, but who is not the registered provider for that establishment or agency, or
bb
if there is no such person, but the registered provider has appointed a person to manage the establishment or agency, that appointed person, and
, and
ii
for paragraph (b), substitute —
b
in relation to a nursing home —
i
a person who is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 as the manager of the establishment or agency, but who is not the registered provider for that establishment or agency, or
ii
if there is no such person, but the registered provider has appointed a person to manage the establishment or agency, that appointed person;
.
Amendment of article 4C of the Pharmacy and General Sale Order
7
In article 4C of the Pharmacy and General Sale Order (exemption for the supply of medicinal products by independent hospitals, clinics and agencies) —
a
in the heading, after “the” insert “sale or”;
b
in paragraph (1) —
i
after “apply to the” insert “sale or”,
ii
for sub-paragraphs (a) and (b) substitute —
a
an independent hospital,
b
an independent clinic,
c
an independent medical agency, or
d
in Northern Ireland, a nursing home,
, and
iii
after “product is” insert “sold or”; and
c
in paragraph (2) —
i
in sub-paragraph (a) —
aa
after “relates to the” insert “sale or”,
bb
after “medicinal product is” insert “sold or”, and
cc
after “the product is” insert “sold or”,
ii
in sub-paragraph (d) —
aa
after “the individual who” insert “sells or”, and
bb
after “purpose of the” insert “sale or”, and
iii
in sub-paragraph (e), after “product is” insert “sold or”.
Amendment of Schedule 3 to the Pharmacy and General Sale Order
8
In Schedule 3 to the Pharmacy and General Sale Order, in Part 1 (particulars to be included in a patient group direction), in paragraph (d), after “may be” insert “sold or”.
Signed by authority of the Secretary of State for Health
Dawn Primarolo
Minister of State
Department of Health
24th July 2007
Andrew McCormick
Permanent Secretary
Department of Health, Social Services and Public Safety
24th July 2007


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the District of South Holland (Electoral Changes) Order 2007.
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2007, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2007.
Interpretation
2
In this Order —
“district” means the district of South Holland;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
“map” means the map marked “Map referred to in the District of South Holland (Electoral Changes) Order 2007”, of which prints are available for inspection at the principal office of the Electoral Commission: and any reference to a numbered sheet is a reference to the sheet of the map which bears that number;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 ; and
“registration officer” means an officer appointed for the purpose of, and in accordance with, section 8 of the Representation of the People Act 1983.
Wards of the district of South Holland
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into eighteen wards which shall be named as set out in column (1) of the Schedule.
3
Each ward shall comprise the area described in column (2) of the Schedule by reference to parishes and parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines.
4
The number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Holbeach
4
1
The existing wards of the parish of Holbeach shall be abolished.
2
The parish shall be divided into three wards which shall be named Hurn, St John’s and Town.
3
Each ward shall comprise the area designated on sheets 2, 3, 4 and 5 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for Town ward shall be ten, for Hurn ward shall be five and for St John’s ward shall be three.
Map
5
South Holland District Council shall make a print of the map available for inspection at its offices by any member of the public at any reasonable time.
Electoral register
6
The registration officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Sealed with the seal of the Electoral Commission on the 25th day of January 2007
Sam Younger
Chairman of the Commission
25th January 2007
Peter Wardle
Chief Executive to the Commission
25th January 2007


text:
Citation and commencement
1
These Regulations may be cited as the Tonnage Tax (Training Requirement) (Amendment) Regulations 2007 and shall come into force on 1st October 2007.
Application
2
1
These Regulations apply for the purpose of calculating the payments in lieu of training for the purposes of the Tonnage Tax (Training Requirement) Regulations 2000 (“the 2000 Regulations ”) in respect of a relevant four month period falling after 30th September 2007.
2
In paragraph (1), “a relevant four month period” means a period of four months commencing on 1st October, 1st February or 1st June in any year.
Payments in lieu of training
3
1
The 2000 Regulations are amended as follows.
2
In regulation 15(1)(b) (payments in lieu of training), for “£634” substitute “£652”.
3
In regulation 21(4) (higher rate of payment in case of failure to meet training requirement), for “£577” substitute “£593”.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
Department for Transport
24th August 2007


text:
1
1
This Order may be cited as the Regulation of Investigatory Powers (Acquisition and Disclosure of Communications Data: Code of Practice) Order 2007 and shall come into force on 1st October 2007.
2
The code of practice entitled “Acquisition and Disclosure of Communications Data”, laid before each House of Parliament in draft on 7th June 2007, relating to the acquisition and disclosure of communications data under Chapter 2 of Part 1 of the Regulation of Investigatory Powers Act 2000, shall come into force on 1st October 2007.
Tony McNulty
Minister of State
Home Office
26th July 2007


text:
Title, commencement and application
1
1
The title of these Regulations is the Assembly Learning Grant (Further Education) Regulations 2007.
2
These Regulations come into force on 31 August 2007 and apply in relation to Wales.
Interpretation
2
In these Regulations —
“the 2007 Regulations ” (“ Rheoliadau 2007 ”) means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2007 ;
“academic year” (“ blwyddyn academaidd ”) means the period of twelve months beginning on 1 January, 1 April, 1 July or 1 September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1 January and before 1 April, on or after 1 April and before 1 July, on or after 1 July and before 1 August or on or after 1 August and on or before 31 December, respectively;
“contact hours” (“ oriau cyswllt ”) means the period of time expressed in hours in respect of which an eligible student receives teaching or supervision during periods of study or practice;
“designated course” (“ cwrs dynodedig ”) means a course designated as such by the Welsh Ministers for the purposes of these Regulations such course including education (other than higher education) or training consisting of a course or programme of study —
which requires attendance at a further education institution or at the premises of another provider of education or training, and
which is funded by the Welsh Assembly Government or the Learning and Skills Council under the Learning and Skills Act 2000, or is funded by a public authority responsible for the funding of education (other than higher education) and training suitable to the requirements of persons aged 19 or over under the law of Scotland or Northern Ireland;
“eligible student” (“ myfyriwr cymwys ”) has the meaning given in regulation 3;
“financial year” (“ blwyddyn ariannol ”) means the period of twelve months in respect of which the income of a person whose residual income is calculated under the provisions of regulations 8 to 13 is computed for the purposes of the income tax legislation which applies to it;
“higher education” (“ addysg uwch ”) means education provided by means of a course of any description in Schedule 6 of the Education Reform Act 1988 ;
“household income” (“ incwm yr aelwyd ”) has the meaning given in regulation 8;
“independent eligible student” (“ myfyriwr annibynnol cymwys ”) has the meaning given in regulation 13;
“ Member State ” (“ Aelod-wladwriaeth ”) means a Member State of the European Community;
“parent” (“ rhiant ”) means a natural or adoptive parent and “child” (“ plentyn ”), “mother” (“ mam ”) and “father” (“ tad ”) is construed accordingly;
“parent student” (“ myfyriwr sy'n rhiant ”) means an eligible student who is the parent of an eligible student;
“partner” (“ partner ”) in relation to an eligible student means any of the following —
the spouse of an eligible student;
the civil partner of an eligible student;
a person ordinarily living with an eligible student as if he or she were his or her civil partner where an eligible student falls within regulation 13(a) and he or she begins the designated course on or after 1 September 2005;
“partner” (“ partner ”) in relation to the parent of an eligible student means any of the following other than another parent of the eligible student —
the spouse of an eligible student’s parent;
the civil partner of an eligible student’s parent;
a person ordinarily living with the parent of an eligible student as if he or she were his or her spouse;
a person ordinarily living with the parent of an eligible student as if he or she were the parent’s civil partner;
“period of full time study” (“ cyfnod astudio llawnamser ”) means a period of study on one or more designated courses comprising 500 or more contact hours during the period starting on 1 September 2007 and ending on 31 August 2008;
“period of part-time study”(“ cyfnod astudio rhan-amser ”) means a period of study on one or more designated courses and comprising not less than 275 contact hours nor more than 499 contact hours during the period starting on 1 September 2007 and ending on 31 August 2008;
“preceding financial year” (“ blwyddyn ariannol flaenorol ”) means the financial year immediately preceding the relevant year;
“relevant year” (“ blwyddyn berthnasol ”) means the academic year in respect of which the household income falls to be assessed;
“residual income” (“ incwm gweddilliol ”) means taxable income after the application of regulation 9 (in the case of an eligible student), regulation 10 (in the case of an eligible student’s parent), regulation 11 (in the case of an eligible student’s partner) or regulation 12 (in the case of the partner of an eligible student’s parent);
“ SLC ” (“ SLC ”) means the Student Loans Company Limited;
“taxable income” (“ incwm trethadwy ”) means, in relation to regulation 9, in respect of the academic year for which an application has been made under regulation 6 and, in relation to regulation 10, in respect (subject to paragraphs (3), (4) and (5) of regulation 10) of the preceding financial year, a person’s taxable income from all sources computed as for the purposes of —
the Income Tax Acts;
the income tax legislation of another Member State which applies to the person’s income; or
where the legislation of more than one Member State applies to the period, the legislation under which the Welsh Ministers consider the person will pay the largest amount of tax in that period (except as otherwise provided in regulation 10);
“training incentive” (“ cymhelliant hyfforddi ”) means financial support from public funds given with the sole purpose of encouraging an individual to pursue a particular profession.
Eligibility
3
1
An eligible student qualifies for an Assembly Learning Grant in connection with a period of full-time study or a period of part-time study subject to and in accordance with these Regulations.
2
A person is an eligible student in connection with a designated course if —
a
in assessing his or her application for support the Welsh Ministers determine that the person falls within one of the categories set out in Part 2 of Schedule 1 of the 2007 Regulations;
b
the person is not excluded by paragraph (3); and
c
the person has reached the age of 19 on or before the start of the academic year commencing on or after 1 September 2007.
3
A person shall not be an eligible student if:
a
the only paragraph in Part 2 of Schedule 1 of the 2007 Regulations into which he or she falls is paragraph 9;
b
the student has, in the opinion of the Welsh Ministers, shown himself or herself by his or her conduct to be unfitted to receive an Assembly Learning Grant;
c
there has been bestowed on, or paid to the person in relation to the person’s attendance on the course —
i
a healthcare bursary
ii
a Coleg Harlech bursary or an equivalent long course bursary provided by the Residential Colleges Committee or Scottish Further Education Funding Council, or
iii
separate funding by the Welsh Assembly Government in respect of a Work Based Learning Programme;
iv
such other financial support from public funds as determined by the Welsh Ministers.
Academic progression
4
1
Subject to paragraph (2) and regulation 5, the Welsh Ministers must not pay Assembly Learning Grant to a student in respect of an academic year or part of an academic year beginning in 2007 unless they are satisfied on reasonable grounds that the period of study concerned involves academic progression for the student in comparison with study undertaken by the student in previous academic years.
2
The Welsh Ministers may pay Assembly Learning Grant to a student for a repeated academic year if that year is a repeat of a preceding academic year that the student was unable to complete because of compelling personal reasons.
Transfers
5
Where a student who is entitled to Assembly Learning Grant in accordance with these Regulations transfers to another designated course comprising a period of full-time study or a period of part-time study during an academic year beginning in 2007, the Welsh Ministers may pay Assembly Learning Grant to that student for the remainder of the academic year, except that if —
a
the Welsh Ministers are satisfied on reasonable grounds that the new course does not involve academic progression for the student as compared to the course from which he or she has transferred; and
b
the student enrols on the course to which he or she is transferring more than 20 weeks after the start the previous course,
no Assembly Learning Grant is payable.
Applications
6
1
A person must apply for support in connection with these Regulations by completing and submitting to the Welsh Ministers an application in such form and accompanied by such documentation and by such time as the Welsh Ministers may require.
2
The Welsh Ministers may take such steps and make such enquiries as they consider necessary to determine whether the applicant is an eligible student, whether the applicant qualifies for support and the amount of support payable, if any.
3
The Welsh Ministers must notify the applicant of whether or not the applicant qualifies for support and if the applicant does qualify, the amount of support payable in respect of the academic year, if any.
Grant entitlement
7
1
An eligible student who qualifies for support in connection with a period of full time study in accordance with these Regulations receives an amount as follows-
a
where the household income is £5,605 or less, he or she receives £1,500;
b
where the household income exceeds £5,605 but does not exceed £11,210, he or she receives £750; and
c
where the household income exceeds £11,210 but does not exceed £16,830, he or she receives £450.
2
An eligible student who qualifies for support in connection with a period of part-time study in accordance with these Regulations receives an amount as follows —
a
where the household income is £5,605 or less, he or she receives £750;
b
where the household income exceeds £5,605 but does not exceed £11,210, he or she receives £450; and
c
where the household income exceeds £11,210 but does not exceed £16,830, he or she receives £300.
Household Income
8
1
Household income for the purpose of these Regulations is calculated in accordance with this regulation and regulations 9 to 12.
2
The household income is —
a
in the case of an eligible student who is not an independent eligible student —
i
the residual income of the eligible student, or
ii
the residual income of the eligible student’s parent (subject to regulation 10(9)) aggregated with the residual income of the partner of the student’s parent provided that the Welsh Ministers have selected that parent under regulation 10(9),
whichever of the two incomes is the higher;
b
in the case of an independent eligible student who has a partner, the residual income of the eligible student or the residual income of the eligible student’s partner, whichever of the two incomes is the higher; or
c
in the case of an independent eligible student who does not have a partner, the residual income of the eligible student.
Calculation of eligible student’s residual income
9
1
Except where the student is undertaking a designated course comprising a period of part-time study, for the purpose of determining the residual income of an eligible student, there is deducted from his or her taxable income (unless already deducted in determining taxable income) the aggregate of any amounts falling within any of the following sub-paragraphs —
a
any remuneration for work done during any academic year of the eligible student’s course, provided that such remuneration does not include any sums paid in respect of any period for which he or she has leave of absence or is relieved of his or her normal duties for the purpose of attending that course;
b
the gross amount of any premium or other sum paid by the eligible student in relation to a pension (not being a pension payable under a policy of life insurance) in respect of which relief is given under section 273, 619 or 639 of the Income and Corporation Taxes Act 1988 , or under section 188 of the Finance Act 2004 , or where the eligible student’s income is computed for the purposes of the income tax legislation of another Member State, the gross amount of any such premium or sum in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts.
2
Where the only paragraph in Part 2 of Schedule 1 of the 2007 Regulations into which an eligible student falls is paragraph 9 and his or her income arises from sources or under legislation different from sources or legislation normally relevant to a person referred to in paragraph 9 of Part 2 of Schedule 1 of the 2007 Regulations, his or her income is not disregarded in accordance with paragraph (1) but is instead disregarded to the extent necessary to ensure that he or she is treated no less favourably than a person who is referred to in any paragraph of Part 2 of Schedule 1 of the 2007 Regulations would be treated if in similar circumstances and in receipt of similar income.
3
Where the eligible student receives income in a currency other than sterling, the value of that income for the purpose of this paragraph is —
a
if the student purchases sterling with the income, the amount of sterling the student so receives;
b
otherwise, the value of the sterling which the income would purchase using the rate for the month in which it is received published by the Office for National Statistics .
Calculation of parent’s residual income
10
1
For the purposes of determining the taxable income of an eligible student’s parent, any deductions which fall to be made or exemptions which are permitted —
a
by way of personal reliefs provided for in Chapter 1 of Part VII of the Income and Corporation Taxes Act 1988 or, where the income is computed for the purposes of the income tax legislation of another Member State, any comparable personal reliefs;
b
pursuant to any enactment or rule of law under which payments which would otherwise under United Kingdom law form part of a person’s income are not treated as such; or
c
under paragraph (2),
are not made or permitted.
2
For the purposes of determining the residual income of an eligible student’s parent, there shall be deducted from the taxable income determined under paragraph (1) the aggregate of any amounts falling within any of the following sub-paragraphs —
a
the gross amount of any premium or sum relating to a pension (not being a premium payable under a policy of life assurance) in respect of which relief is given under section 273, 619 or 639 of the Income and Corporation Taxes Act 1988, or where the income is computed for the purposes of the income tax legislation of another Member State, the gross amount of any such premium in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;
b
in any case where income is computed for the purposes of the Income Tax Acts by virtue of paragraph (6) any sums equivalent to the deduction mentioned in paragraph (6)(a), provided that any sums so deducted do not exceed the deductions which would be made if the whole of the eligible student’s parent’s income were in fact income for the purposes of the Income Tax Acts;
3
Where the Welsh Ministers are satisfied that the income of the parent in the financial year beginning immediately before the relevant year (“the current financial year”) is, as a result of some event beyond his or her control, likely to be less than the sterling value of his or her income in the preceding financial year to such an extent that it would affect the student’s entitlement if entitlement were to be based on the current financial year they may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the household income for the current financial year.
4
Where the Welsh Ministers are satisfied that the income of the parent in any financial year is, as a result of some event beyond his or her control, likely to be and to continue after that year to be less than the sterling value of his or her income in the previous financial year to such an extent that it would affect the student’s entitlement if entitlement were to be based on the current financial year they may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the household income for the academic year of the eligible student’s course in which that event occurred by taking as the residual income of the parent the average of his or her residual income for each of the financial years in which that academic year falls.
5
Where the eligible student’s parent satisfies the Welsh Ministers that his or her income is wholly or mainly derived from the profits of a business or profession carried on by him or her, then any reference in this paragraph to a preceding financial year means the earliest period of twelve months which ends after the start of the preceding financial year and in respect of which accounts are kept relating to that business or profession.
6
Where an eligible student’s parent is in receipt of any income which does not form part of his or her income for the purposes of the Income Tax Acts or the income tax legislation of another Member State by reason only that —
a
he or she is not resident, ordinarily resident or domiciled in the United Kingdom, or where his or her income is computed as for the purposes of the income tax legislation of another Member State, not so resident, ordinarily resident or domiciled in that Member State;
b
the income does not arise in the United Kingdom, or where the parent’s income is computed as for the purposes of the income tax legislation of another Member State, does not arise in that Member State; or
c
the income arises from an office, service or employment, income from which is exempt from tax in pursuance of any legislation,
his or her taxable income for the purposes of these Regulations is computed as though the income under this paragraph were part of his or her income for the purposes of the Income Tax Acts or the income tax legislation of another Member State, as the case may be.
7
Where the income of the eligible student’s parent is computed as for the purposes of the income tax legislation of another Member State, it is computed under the provisions of these Regulations in the currency of that Member State and the income of the eligible student’s parent for the purposes of these Regulations is the sterling value of that income determined in accordance with the rate for the month in which the last day of the financial year in question falls, as published by the Office for National Statistics.
8
Where one of the eligible student’s parents dies either before or during the relevant year and that parent’s income has been or would be taken into account for the purpose of determining the household income, the household income is —
a
where the parent dies before the relevant year, determined by reference to the income of the surviving parent; or
b
where the parent dies during the relevant year, the aggregate of —
i
the appropriate proportion of the household income determined by reference to the income of both parents, being the proportion in respect of that part of the relevant year during which both parents were alive; and
ii
the appropriate proportion of the household income determined by reference to the income of the surviving parent, being the proportion in respect of that part of the relevant year remaining after the death of the other parent.
9
Where the Welsh Ministers determine that the parents do not ordinarily live together throughout the relevant year, the household income is determined by reference to the income of whichever parent the Welsh Ministers consider the more appropriate under the circumstances.
10
Where the Welsh Ministers determine that the parents do not ordinarily live together for part only of the relevant year, the household income is determined by reference to the aggregate of —
a
the appropriate proportion of the household income determined in accordance with paragraph (9), being the proportion in respect of that part of the relevant year for which the parents do not so live together; and
b
the appropriate proportion of the household income determined otherwise in respect of the remainder of the relevant year.
Calculation of eligible student’s partner’s residual income
11
1
Subject to paragraphs (2), (3) and (4) of this regulation and with the exception of paragraphs (8), (9) and (10) of regulation 10, an eligible student’s partner’s income is determined in accordance with regulation 10, references to the parent being construed as references to the eligible student’s partner.
2
Where the Welsh Ministers determine that the eligible student and his or her partner do not ordinarily live together throughout the relevant year, the partner’s income is not taken into account in determining the household income.
3
Where the Welsh Ministers determine that the eligible student and his or her partner do not ordinarily live together for part only of the relevant year, the partner’s income is determined by reference to his or her income under paragraph (1) divided by fifty-two and multiplied by the number of complete weeks in the relevant year for which the Welsh Ministers determine that the eligible student and his or her partner ordinarily live together.
4
Where an eligible student has more than one partner in any one academic year, the provisions of this paragraph apply in relation to each.
Calculation of parent’s partner’s residual income
12
The income of an eligible student’s parent’s partner whose income is part of the household income by virtue of regulation 8(2)(a) is determined in accordance with regulation 11, references to the eligible student’s partner being construed as references to the eligible student’s parent’s partner and references to the eligible student being construed as references to the eligible student’s parent.
Independent eligible student
13
1
For the purpose of these Regulations an independent eligible student is an eligible student in every case where —
a
he or she is aged 25 or over on the first day of the relevant year;
b
he or she has been married or is in a civil partnership before the beginning of the relevant year, whether or not the marriage or civil partnership is still subsisting;
c
he or she has no parent living;
d
the Welsh Ministers are satisfied that neither of his or her parents can be found or that it is not reasonably practicable to get in touch with either of them;
e
he or she has communicated with neither of his or her parents for the period of one year before the beginning of the relevant year or, in the opinion of the Welsh Ministers, he or she can demonstrate on other grounds that he or she is irreconcilably estranged from his or her parents;
f
he or she was looked after by a local authority within the meaning of section 22 of the Children Act 1989 throughout any three-month period ending on or after the date on which he or she attained the age of 16 and before the first day of the first academic year of the course (“the relevant period”) provided that he or she has not in fact at any time during the relevant period been under the charge or control of his or her parents;
g
his or her parents are residing outside the European Community and the Welsh Ministers are satisfied that either —
i
the assessment of the household income by reference to their residual income would place those parents in jeopardy; or
ii
it would not be reasonably practicable for those parents as a result of the calculation of any contribution under regulation 8 to send any relevant funds to the United Kingdom;
h
regulation 10(9) applies and the parent whom the Welsh Ministers considered the more appropriate for the purposes of that paragraph has died (irrespective of whether the parent in question had a partner);
i
he or she is a member of a religious order who resides in a house of that order;
j
he or she —
i
has care of a person under 18 years of age on the first day of the relevant year; or
ii
has had care of a person under 18 years of age at any time during the present course prior to the first day of the relevant year;
k
he or she has supported himself or herself out of his or her earnings for any period or periods ending before the first academic year of the course which periods together aggregate not less than three years, and for the purposes of this paragraph he or she is treated as supporting himself or herself out of his or her earnings during any period in which —
i
he or she was participating in arrangements for training for the unemployed under any scheme operated by, sponsored or funded by any state authority or agency, whether national, regional or local (“a relevant authority”);
ii
he or she was in receipt of benefit payable by any relevant authority in respect of a person who is available for employment but who is unemployed;
iii
he or she was available for employment and had complied with any requirement of registration imposed by a relevant authority as a condition of entitlement for participation in arrangements for training or receipt of benefit;
iv
he or she held a State Studentship or comparable award;
v
he or she received any pension, allowance or other benefit paid by any person by reason of a disability to which he or she is subject, or by reason of confinement, injury or sickness.
Attendance
14
1
The Welsh Ministers may recalculate an applicant’s entitlement to Assembly Learning Grant in accordance with paragraph (2) if the applicant’s attendance on the designated course in respect of which he or she has made an application for Assembly Learning Grant is unsatisfactory.
2
The formula for re-calculation is —
Actual Attendance Possible Attendance × ALG = Recalculated Entitlement
3
In this paragraph —
“actual attendance” (“ mynychiad gwir ”) means the number of days attendance by the applicant notified to the Welsh Ministers by the institution delivering the course, excluding any number of days not exceeding 60 on which the applicant was absent due to illness;
“ALG” (“ GDC ”) means the entitlement to Assembly Learning Grant calculated in accordance with regulation 7;
“possible attendance” (“ mynychiad posibl ”) means the number of days from the first to last day of required attendance on the course.
Payment of Assembly Learning Grant
15
1
The Welsh Ministers must pay the grant for which an eligible student qualifies under these Regulations and in such instalments (if any) and at such times as they consider appropriate and in the exercise of their functions under this regulation they may make provisional payments pending the final calculation of the amount of grant for which the student qualifies.
2
Payments may be made in such manner as the Welsh Ministers consider appropriate and they may make it a condition of entitlement to payment that the eligible student must provide them with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
Overpayments
16
An eligible student must, if so required by the Welsh Ministers, repay any amount paid to the student under these Regulations which for whatever reason exceeds the amount of Assembly Learning Grant to which he or she is entitled under these Regulations.
Jane E Hutt
Minister for Children, Education, Lifelong Learning and Skills, one of the Welsh Ministers.
4 August 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Fees and Awards) (England) Regulations 2007 and come into force on 1 st September 2007.
2
These Regulations apply in relation to England .
Interpretation
2
1
In these Regulations —
“the 2005 Act” means the Education Act 2005 ;
“academic year” means the period of twelve months beginning on 1 st January, 1 st April, 1st July or 1 st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1 st January and before 1 st April, on or after 1 st April and before 1 st July, on or after 1 st July and before 1 st August or on or after 1 st August and on or before 31 st December, respectively;
“award” means a fees award or a maintenance award or both;
“education” includes post-graduate research otherwise than in the course of employment;
“employment” means full-time or part-time employment;
“European Community” means the territory comprised by the Member States of the European Community as constituted from time to time;
“European Economic Area” means the area comprised by the EEA States;
“fees award” means an award in respect only of any fees payable other than any element of those fees which is a charge for maintenance;
“HEFCE” means the Higher Education Funding Council for England ;
“the Islands” means the Channel Islands and the Isle of Man;
“LSC” means the Learning and Skills Council for England ;
“maintenance award” means any award other than a fees award;
“overseas territories” means Anguilla; Aruba; Bermuda; British Antarctic Territory; British Indian Ocean Territory; British Virgin Islands; Cayman Islands; Falkland Islands; Faroe Islands; French Polynesia; French Southern and Antarctic Territories; Mayotte; Greenland; Montserrat; Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten); Pitcairn, Henderson, Ducie & Oeno Islands; South Georgia and the South Sandwich Islands; St Helena and Dependencies (Ascension Island and Tristan de Cunha); St Pierre et Miquelon; the Territory of New Caledonia and Dependencies; Turks and Caicos Islands and Wallis and Futuna;
“post-compulsory education award” means a scholarship, exhibition, bursary or other allowance granted by a local education authority under the Local Education Authority (Post-Compulsory Education Awards) Regulations 1999 ;
“training provider” means a person who provides training for members of the school workforce under Part 3 of the 2005 Act;
2
Despite section 11 of the Interpretation Act 1978 section 3(2) of the Education (Fees and Awards) Act 1983 (references to the United Kingdom to include references to the Islands) shall not apply for the purposes of interpreting these Regulations.
3
For the purposes of these Regulations, “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” is to be construed accordingly.
4
For the purposes of these Regulations, a person is to be treated as ordinarily resident in England, England and Wales, Great Britain, the United Kingdom, the United Kingdom and Islands, in the territory comprising the European Economic Area and Switzerland, in the territory comprising the European Economic Area, Switzerland and the overseas territories, or in the territory comprising the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that —
a
he;
b
his spouse or civil partner;
c
his parent; or
d
in the case of dependent direct relative in the ascending line, his child or child’s spouse or civil partner,
is or was temporarily employed outside the area in question.
5
For the purposes of paragraph (4), temporary employment includes —
a
in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;
b
in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside the territory comprising the European Economic Area and Switzerland as members of such forces; and
c
in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.
6
For the purposes of Regulations 6, 7, 8 and 9 a person is to be treated as ordinarily resident in England, England and Wales, Great Britain, the United Kingdom, the United Kingdom and Islands, in the territory comprising the European Economic Area and Switzerland, in the territory comprising the European Economic Area, Switzerland and the overseas territories, or in the territory comprising the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that —
a
he;
b
his spouse or civil partner;
c
his parent; or
d
in the case of a dependent direct relative in the ascending line, his child or his child’s spouse or civil partner,
was temporarily receiving full-time education outside the area in question.
7
For the purposes of these Regulations an area which —
a
was previously not part of the European Community or the European Economic Area; but
b
at any time before or after these Regulations come into force has become part of one or the other or both of these areas,
is to be considered to have always been a part of the European Economic Area.
Lawful acts
3
1
If discrimination arises from the remission in whole or in part of any fee (on grounds of financial hardship or otherwise), nothing in these Regulations shall be construed as rendering that discrimination unlawful, if it would have been lawful had these Regulations not been made.
2
If discrimination arises from any rule of eligibility for an award, nothing in these Regulations shall be construed as rendering that discrimination unlawful, if it would have been lawful had these Regulations not been made.
Fee charging
4
1
It shall be lawful for the institutions mentioned in paragraph (3) to charge higher fees in the case of a person who does not fall within Schedule 1 than in the case of a person who does fall within Schedule 1.
2
For the purposes of this regulation a person falls within Schedule 1 if they fall within it on the first day of an academic year of the course.
3
The institutions mentioned in this paragraph are institutions —
a
within the higher education sector, including a constituent college, school or hall of such an institution;
b
within the further education sector;
c
which are training providers and are receiving financial support under section 78 of the 2005 Act;
d
which provide further education and are maintained by a local education authority;
4
This regulation does not make lawful the charging of a fee which is unlawful by reason of a condition imposed under section 24 of the Higher Education Act 2004 .
Awards by local education authorities
5
1
It shall be lawful for a local education authority to adopt rules of eligibility for awards under sections 1(6) or 2 of the Education Act 1962 or for post-compulsory education awards which —
a
do not take account of regulation 2(4);
b
confine eligibility in the case of fees awards to those persons who fall within Schedule 1, excluding those who fall within paragraph 5, or
c
confine eligibility in the case of maintenance awards to those persons who fall within Schedule 1, excluding those who fall within paragraphs 5 and 9.
Awards by research councils and others
6
1
It shall be lawful for a research council or institution mentioned in Schedule 2 to adopt rules of eligibility which —
a
do not take account of regulation 2(4);
b
confine eligibility in the case of fees awards in connection with courses of education or training or the undertaking of research to those persons who fall within Schedule 1, excluding those who fall within paragraph 5; or
c
confine eligibility in the case of maintenance awards in connection with courses of education or training or the undertaking of research to those persons who fall within Schedule 1, excluding those who fall within paragraphs 5 and 9.
2
As regards paragraphs 2 and 3 of Schedule 1, the research council or institution may, in adopting rules of eligibility under paragraph (1) —
a
confine eligibility to those persons who have been ordinarily resident in Great Britain for three years preceding the date of application for the award, or
b
exclude from eligibility those persons who are not ordinarily resident in Great Britain, in England and Wales or in England (as the maker of the award may determine) on the date of application for the award.
3
Where rules of eligibility confine awards to persons who are or will be ordinarily resident in part only of the United Kingdom and Islands, a person who is ordinarily resident in some other part of the United Kingdom and Islands shall not for the purposes of this regulation be considered to fall within paragraph 9 of Schedule 1.
4
The makers of awards may adopt different eligibility rules for different classes or descriptions of awards.
Payments by the Training and Development Agency for Schools
7
1
It shall be lawful for the Training and Development Agency for Schools to adopt rules of eligibility for awards by any training provider to which it makes grants, loans or other payments under section 78 of the 2005 Act which confine eligibility to those persons who fall within Schedule 1.
2
It shall be lawful for a training provider who is receiving financial support under section 78 of the 2005 Act to adopt rules of eligibility for awards which confine eligibility to those persons who fall within Schedule 1.
Payments by HEFCE
8
1
It shall be lawful for HEFCE to adopt rules of eligibility for awards to be made to students who are being trained (otherwise than by a course leading to a first degree) to teach persons over compulsory school age by an institution to which it makes grants, loans or other payments under section 65 of the Further and Higher Education Act 1992 which confine eligibility to those persons who fall within Schedule 1.
2
It shall be lawful for an institution to which HEFCE pays grants, loans or other payments for the purpose described in paragraph 1 to adopt rules of eligibility for awards which confine eligibility to those persons who fall within Schedule 1.
Payments by the LSC
9
1
It shall be lawful for the LSC to adopt rules of eligibility for awards by an institution to which it makes grants, loans or other payments under section 5 of the Learning and Skills Act 2000 which confine eligibility to those persons who fall within Schedule 1.
2
It shall be lawful for an institution to which the LSC pays grants, loans or other payments to adopt rules of eligibility for awards (however described) which confine eligibility to those persons who fall within Schedule 1.
Revocation
10
1
The following Regulations are revoked in relation to England —
a
The Education (Fees and Awards) Regulations 1997 ;
b
The Education (Fees and Awards) (Amendment) (England) Regulations 2000 ;
c
The Education (Fees and Awards) (Amendment No 2) (England) Regulations 2000
d
The Education (Student Fees and Support) (Switzerland) Regulations 2003 ;
e
The Education (Fees and Awards) (Amendment) Regulations 2006 ;
f
Regulation 5 of the Local Education Authority (Post-Compulsory Education Awards) Regulations 1999.
Bill Rammell
Minister of State
Department for Education and Skills
8th March 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Portsmouth City Teaching Primary Care Trust (Transfer of Trust Property) Order 2007 and shall come into force on 1 st November 2007.
2
In this Order —
“the old Trust” means the Portsmouth City Teaching Primary Care Trust; and
“the trust property” means the property specified in the three schedules of trust property more specifically described in paragraphs (1) to (3) of article 2.
Transfer of trust property
2
1
On the date that this Order comes into force the property specified in the schedule of trust property prepared and agreed by the old Trust and the Portsmouth Hospitals National Health Service Trust and signed on behalf of the old Trust on 14 th August 2007 and on behalf of the Portsmouth Hospitals National Health Service Trust on 1 st August 2007, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the Portsmouth Hospitals National Health Service Trust.
2
On the date that this Order comes into force the property specified in the schedule of trust property prepared and agreed by the old Trust and the Hampshire Partnership National Health Service Trust and signed on behalf of the old Trust on 14 th August 2007 and on behalf of the Hampshire Partnership National Health Service Trust on 24 th July 2007, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the Hampshire Partnership National Health Service Trust.
3
On the date that this Order comes into force the property specified in the schedule of trust property prepared and agreed by the old Trust and the Hampshire Primary Care Trust and signed on behalf of the old Trust on 14 th August 2007 and on behalf of the Hampshire Primary Care Trust on 26 th July 2007, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the Hampshire Primary Care Trust.
Construction of references
3
In any instrument relating to any of the trust property, any reference in relation to that property to the trustees of that property or to the old Trust, shall be construed as a reference to —
a
in so far as the reference relates to property referred to in article 2(1), the Portsmouth Hospitals National Health Service Trust;
b
in so far as the reference relates to property referred to in article 2(2), the Hampshire Partnership National Health Service Trust; and
c
in so far as the reference relates to property referred to in article 2(3), the Hampshire Primary Care Trust.
Signed by authority of the Secretary of State for Health
Ben Bradshaw
Minister of State
Department of Health
16th September 2007


text:
Citation and Interpretation
1
1
This Order may be cited as the Further Education and Training Act 2007 (Commencement No. 1 and Transitional Provisions) Order 2007.
2
In this Order “the 2007 Act ” means the Further Education and Training Act 2007.
Provisions coming into force
2
The following provisions of the 2007 Act come into force on 23rd December 2007:
a
sections 6 to 8;
b
sections 11 to 13;
c
section 17 to the extent that it inserts section 56B into the Further and Higher Education Act 1992;
d
sections 22 and 23 in relation to England;
e
section 29 to the extent that it relates to the provisions set out in paragraphs (g) and (h);
f
section 30 to the extent that it relates to the provisions set out in paragraph (i);
g
paragraph 6 of Schedule 1 to the extent that it relates to paragraphs 7, 8, 10, 11 and 13 of that Schedule;
h
paragraphs 7, 8, 10, 11 and 13 of Schedule 1; and
i
in Schedule 2, the repeal of section 15(2) of the Learning and Skills Act 2000.
3
The following provisions of the 2007 Act come into force on 31st January 2008:
a
section 2 to the extent that it inserts sections 18A(2) to (4) into the Learning and Skills Act 2000;
b
section 29 to the extent that it relates to the provisions set out in paragraphs (c) and (d);
c
paragraph 12 of Schedule 1 to the extent that it relates to paragraph 15 of that Schedule; and
d
paragraph 15 of Schedule 1 .
4
The following provisions of the 2007 Act come into force on 2nd March 2008:
a
sections 24 and 25;
b
section 29 to the extent that it relates to the provisions set out in paragraph (d);
c
section 30 to the extent that it relates to the provisions set out in paragraph (e);
d
paragraphs 1 to 5 of Schedule 1; and
e
in Schedule 2, the repeals in relation to the Industrial Training Act 1982.
5
Section 17 of the 2007 Act comes into force on 18th April 2008, to the extent that it is not already in force.
6
Sections 19 and 20 of the 2007 Act come into force on 1st May 2008.
Transitional Provision
7
Despite the commencement of the provisions of the 2007 Act set out in article 4, in respect of any levy proposal submitted to him under section 11(1) of the Industrial Training Act 1982 on or before 1 March 2008, the Secretary of State may make a levy order as if those provisions of the 2007 Act had not come into force.
Bill Ramell
Minister of State
Department for Innovation, Universities and Skills
12th December 2007


text:
Title and Commencement
1
This Order may be cited as the Whole of Government Accounts (Designation of Bodies) Order 2007 and shall come into force on 11th June 2007.
Designation
2
The bodies listed in the Schedule to this Order are designated in respect of the financial year ending on 31st March 2007 for the purposes of section 10 of the Government Resources and Accounts Act 2000.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
21st May 2007


text:
1
This Order may be cited as the Gambling Act 2005 (Commencement No. 7) Order 2007.
2
Sections 214 to 234 of the Gambling Act 2005 shall come into force on 1st December 2007.
Gerry Sutcliffe
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
1st November 2007


text:
Citation and Commencement
1
This Order may be cited as the Consumer Credit (Exempt Agreements) Order 2007 and shall come into force on 6th April 2008.
Exemption for high net worth debtors and hirers
2
The Consumer Credit Act 1974 shall not regulate a consumer credit agreement or a consumer hire agreement where —
a
the debtor or hirer is a natural person;
b
the agreement includes a declaration made by him complying with article 3 and Schedule 1;
c
a statement of high net worth complying with articles 4 and 5 and Schedule 2 has been made in relation to him;
d
that statement was made during the period of one year ending with the day on which the agreement was made; and
e
before the agreement was made a copy of that statement was provided to the debtor or hirer and, if the statement was not made by the creditor or owner, to the creditor or owner.
3
A declaration for the purposes of article 2(b) shall —
a
be set out in the consumer credit agreement or consumer hire agreement no less prominently than other information in the agreement and be readily distinguishable from the background medium; and
b
be signed by the debtor or hirer, unless the agreement is so signed.
4
1
Subject to article 5, a statement of high net worth shall be signed by —
a
the creditor or owner; or
b
an accountant who is a member of any of the bodies listed in paragraph (2).
2
The bodies referred to in paragraph (1)(b) are:
a
the Institute of Chartered Accountants in England and Wales;
b
the Institute of Chartered Accountants of Scotland;
c
the Institute of Chartered Accounts in Ireland;
d
the Association of Chartered Certified Accountants;
e
the Chartered Institute of Management Accountants;
f
the Chartered Institute of Public Finance and Accountancy;
g
a professional body for accountants established in a jurisdiction outside the United Kingdom.
5
A person who is —
a
the creditor or owner;
b
an employee or agent of the creditor or owner or a person who otherwise acts on behalf of the creditor or owner in relation to the consumer credit agreement or consumer hire agreement; or
c
an associate of the creditor or owner,
may only make a statement of high net worth if the creditor or owner is a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits.
Declaration for exemption relating to businesses
6
A declaration for the purposes of section 16B(2) of the Consumer Credit Act 1974 shall —
a
comply with Schedule 3;
b
be set out in the consumer credit agreement or consumer hire agreement no less prominently than other information in the agreement and be readily distinguishable from the background medium; and
c
be signed by the debtor or hirer or where the debtor or hirer is a partnership or unincorporated body of persons be signed by or on behalf of the debtor or hirer, unless the agreement is so signed.
Ian McCartney
Minister for Trade, Investment and Foreign Affairs
Department of Trade and Industry
31st March 2007


text:
1
This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment) Order 2007 and shall come into force on 12 th December 2007.
2
For the Schedule to the Immigration (Designation of Travel Bans) Order 2000 there shall be substituted the Schedule set out in the Schedule to this Order.
3
The Immigration (Designation of Travel Bans) (Amendment) Order 2006 is revoked.
Liam Byrne
Minister of State
Home Office
5th December 2007


text:
1
This Order may be cited as The A629 Trunk Road (Snaygill Roundabout to County Boundary) (Detrunking) Order 2007 and shall come into force on 1st October 2007.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/360, marked “The A629 Trunk Road (Snaygill Roundabout to County Boundary) (Detrunking) Order 2007”, signed by authority of the Secretary of State for Transport and deposited at Communities & Local Government, Deposited Document Services, Room F13, Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the Doncaster to Kendal Trunk Road (A629).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road as from the date on which the Secretary of State notifies the North Yorkshire County Council (who will become the highway authority responsible for that length) that the Order has come into force.
Signed by authority of the Secretary of State for Transport
Arthur Ashburner
A Divisional Director Highways Agency
12th July 2007


text:
This Order may be cited as the General Dental Council (Overseas Registration Examination Regulations) Order of Council 2007 and shall come into force 21 days after making.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Housing (Tenancy Deposit Schemes) Order 2007 and shall come into force on 6th April 2007.
Amendments to Schedule 10 to the Housing Act 2004
2
Schedule 10 to the Housing Act 2004 (provisions relating to tenancy deposit schemes) is amended as follows.
Further provision about custodial schemes
3
1
Paragraph 4 (Custodial Schemes: general) is amended as follows.
2
After sub-paragraph (4) insert —
4A
Sub-paragraph (5) also applies where the tenant or the landlord notifies the scheme administrator that a person acting as an adjudicator under the provision made under paragraph 10 has made a binding decision that the relevant amount is payable either wholly to one of them or partly to one and partly to the other.
3
In sub-paragraph (5), for “such a notification” substitute “a notification as mentioned in sub-paragraph (4) or (4A)” and for “sub-paragraph (4)(a) and (b)” substitute “that sub-paragraph”.
4
After paragraph 4 insert —
Custodial schemes: termination of tenancies - absent or un-cooperative landlord or tenant
4A
1
The provision made by a custodial scheme for the purposes of paragraph 4(1) in relation to the treatment of the relevant amount at the end of a tenancy must include provision —
a
for enabling the landlord, if he considers that the conditions set out in sub-paragraph (2) are met, to apply to the scheme administrator for the whole or a specified part of the relevant amount (“the amount claimed”) to be paid to him; and
b
for such an application to be dealt with by the scheme administrator in accordance with the provisions of paragraph 4C.
2
Such an application may be made if —
a
at least 14 days have elapsed since the day on which the tenancy ended;
b
the landlord and tenant have not reached an agreement under paragraph 4(2) with respect to the amount claimed;
c
either sub-paragraph (3) or sub-paragraph (4) applies; and
d
the landlord believes that he is entitled to be paid the amount claimed and that the amount claimed is referable to sums falling within sub-paragraph (5).
3
This sub-paragraph applies if the landlord has no current address for, or other means of contacting, the tenant.
4
This sub-paragraph applies if —
a
the tenant has, since the tenancy ended, received from the landlord a written notice asking whether the tenant accepts that the landlord should be paid the whole or a specified part of the relevant amount; and
b
the tenant has failed to respond to that notice within the period of 14 days beginning with the day on which he received the notice by indicating to the landlord whether he accepts that the landlord should be paid the relevant amount or the specified part of it (as the case may be).
5
The amount claimed must be referable to —
a
an amount of unpaid rent or any other sum due under the terms of the tenancy; or
b
a liability of the tenant to the landlord arising under or in connection with the tenancy in respect of —
i
damage to the premises subject to the tenancy, or
ii
loss of or damage to property on those premises,
other than damage caused by fair wear and tear.
6
If sub-paragraph (4) applies and the notice specifies part of the relevant amount, the amount claimed in the application must not exceed the specified part.
7
The application must be accompanied by a statutory declaration made by the landlord stating —
a
the date on which the tenancy ended;
b
that the landlord and the tenant have not reached any agreement under paragraph 4(2) with respect to the amount claimed, with details of any communications between them since that date (whether relating to the relevant amount or otherwise);
c
the basis on which the amount claimed is calculated, with particulars of any facts relied on to justify claiming that amount;
d
if the landlord relies on the condition in sub-paragraph (3), that he has no current address for, or other means of contacting, the tenant, giving particulars of any address (other than the premises subject to the tenancy) and other contact details (including telephone numbers or e mail addresses) which the landlord has had for the tenant;
e
if the landlord relies on the condition in sub-paragraph (4), that the condition is met, with particulars of the facts relied on to demonstrate that it is met and attaching a copy of the notice given to the tenant;
f
any information he has as to the whereabouts of the tenant;
g
that he gives his consent, in the event of the tenant disputing that the landlord should be paid the amount claimed, for the dispute to be resolved through the use of the dispute resolution service;
h
that he considers that he is entitled to be paid the amount claimed; and
i
that he makes the statutory declaration knowing that if he knowingly and wilfully makes a false declaration he may be liable to prosecution under the Perjury Act 1911 .
4B
1
The provision made by a custodial scheme for the purposes of paragraph 4(1) in relation to the treatment of the relevant amount at the end of a tenancy must include provision —
a
for enabling the tenant, if he considers that the conditions set out in sub-paragraph (2) are met, to apply to the scheme administrator for the whole or a specified part of the relevant amount (“the amount claimed”) to be paid to him; and
b
for such an application to be dealt with by the scheme administrator in accordance with the provisions of paragraph 4C.
2
Such an application may be made if —
a
at least 14 days have elapsed since the day on which the tenancy ended;
b
the landlord and tenant have not reached an agreement under paragraph 4(2) with respect to the amount claimed;
c
either sub-paragraph (3) or sub-paragraph (4) applies; and
d
the tenant believes that he is entitled to be paid the amount claimed.
3
This sub-paragraph applies if the tenant has no current address for, or other means of contacting, the landlord.
4
This sub-paragraph applies if —
a
the landlord has, since the tenancy ended, received from the tenant a written notice asking whether the landlord accepts that the tenant should be paid the whole or a specified part of the relevant amount; and
b
the landlord has failed to respond to that notice within the period of 14 days beginning with the day on which he received the notice by indicating to the tenant whether he accepts that the tenant should be paid the relevant amount or the specified part of it (as the case may be).
5
If sub-paragraph (4) applies and the notice specifies part of the relevant amount, the amount claimed in the application must not exceed the specified part.
6
The application must be accompanied by a statutory declaration made by the tenant stating —
a
the date on which the tenancy ended;
b
that the landlord and the tenant have not reached any agreement under paragraph 4(2) with respect to the amount claimed, with details of any communications between them since that date (whether relating to the relevant amount or otherwise);
c
if the tenant relies on the condition in sub-paragraph (3), that he has no current address for, or other means of contacting, the landlord, giving particulars of any address and other contact details (including telephone numbers or e mail addresses) which the tenant has had for the landlord;
d
if the tenant relies on the condition in sub-paragraph (4), that the condition is met, with particulars of the facts relied on to demonstrate that it is met and attaching a copy of the notice given to the landlord;
e
any information he has as to the whereabouts of the landlord;
f
that he gives his consent, in the event of the landlord disputing that the tenant should be paid the amount claimed, for the dispute to be resolved through the use of the dispute resolution service;
g
that he considers that he is entitled to be paid the amount claimed; and
h
that he makes the statutory declaration knowing that if he knowingly and wilfully makes a false declaration he may be liable to prosecution under the Perjury Act 1911 .
4C
1
Immediately upon receipt of —
a
a duly completed application from the landlord, accompanied by a statutory declaration which appears to meet the requirements of paragraph 4A(7), or
b
a duly completed application from the tenant, accompanied by a statutory declaration which appears to meet the requirements of paragraph 4B(6),
the scheme administrator must give to the tenant or, as the case may be, the landlord (“the other party”) a copy of the application and accompanying statutory declaration and a notice under sub-paragraph (2).
2
A notice under this sub-paragraph is a notice —
a
asking the other party to indicate —
i
whether he accepts that the applicant should be paid the whole or part of the amount claimed;
ii
if he accepts that part of the amount claimed should be paid, the amount he accepts should be paid; and
iii
if he does not accept that the applicant should be paid the whole of the amount claimed, whether he consents to the dispute being resolved through the use of the dispute resolution service; and
b
warning the other party that —
i
the amount claimed will be paid to the applicant unless, within the relevant period, the other party informs the scheme administrator that he does not accept that the whole of the amount claimed should be paid to the applicant; and
ii
if the other party responds to the scheme administrator informing him that he does not accept that the whole of the amount claimed should be paid to the applicant, but fails to respond within the relevant period to the question mentioned in paragraph (a)(iii), he will be treated as having given his consent for the dispute to be resolved through the use of the dispute resolution service.
3
If within the relevant period the scheme administrator receives a response from the other party to the effect that he accepts that the amount claimed should be paid to the applicant —
a
the application must be granted; and
b
the scheme administrator must arrange for the amount claimed to be paid to the applicant within the period of 10 days beginning with the day on which the scheme administrator receives that response.
4
If within the relevant period the scheme administrator receives a response from the other party to the effect that he does not accept that the applicant should be paid any of the amount claimed —
a
the application must be refused;
b
the scheme administrator must not pay the amount claimed to either party except in accordance with the relevant provisions of paragraph 4; and
c
the scheme administrator must inform the applicant of the other party’s response to the questions asked in the notice under sub-paragraph (2).
5
If within the relevant period the scheme administrator receives a response from the other party to the effect that he accepts that part of the amount claimed should be paid to the applicant —
a
sub-paragraph (3) applies in relation to that part of the amount claimed; and
b
sub-paragraph (4) applies to so much of the application as relates to the rest of the amount claimed.
6
If the scheme administrator does not, within the relevant period, receive a response from the other party indicating whether he accepts that the whole or part of the amount claimed should be paid to the applicant, the scheme administrator must arrange for the amount claimed to be paid to the applicant within the period of 10 days beginning with the day after the last day of the relevant period.
7
If within the relevant period the scheme administrator receives a response from the other party to the effect that he does not accept that the applicant should be paid the whole of the amount claimed but the other party fails within that period to indicate whether he consents to the dispute being resolved through the use of the dispute resolution service —
a
the other party is to be treated as having given his consent to the use of that service; and
b
the scheme administrator must inform the applicant that such consent is treated as having been given.
8
In this paragraph “the relevant period”, in relation to the application, means the period of 14 days beginning with the day on which the notice mentioned in sub-paragraph (2) is received by the other party.
Further provision about insurance schemes
4
1
Paragraph 5 (insurance schemes: general) is amended as follows.
2
After sub-paragraph (1) insert —
1A
The scheme must make provision as to the requirements that fall to be complied with by the landlord or by the scheme administrator where —
a
a landlord wishes to retain a tenancy deposit under the scheme; or
b
a landlord retaining a tenancy deposit under the scheme (in relation to a tenancy that has not terminated) gives notice to the scheme administrator that he no longer wishes to retain the deposit under that scheme.
3
After sub-paragraph (3) insert —
3A
The scheme may make provision enabling the scheme administrator to determine that, by virtue of the landlord’s failure to comply with a relevant obligation, a tenancy deposit which has previously been retained by a landlord under the scheme (and which relates to a tenancy which has not ended) is to cease to be retained under the scheme.
3B
Provision under sub-paragraph (3A) must require the scheme administrator, before making a determination, to give a notice to the landlord stating that the scheme administrator proposes to make such a determination and the reasons for the proposal.
4
In sub-paragraph (4), for “such failure on the part of the landlord” substitute “failure by the landlord to comply with a relevant obligation”.
5
After sub-paragraph (4) insert —
4A
Provision made under sub-paragraph (4) must require the scheme administrator, before determining that the landlord’s membership be terminated, to give a notice to the landlord stating that the scheme administrator proposes to make such a determination and the reasons for the proposal.
4B
On the termination of a landlord’s membership under sub-paragraph (4) —
a
any tenancy deposits previously retained by the landlord under the scheme (in relation to tenancies which had not ended before the termination) cease to be retained under the scheme; but
b
the scheme continues to apply to a tenancy deposit retained by the landlord under the scheme in relation to a tenancy which ended before the termination as if the landlord were still a member.
6
After sub-paragraph (5) insert —
6
Paragraph 5A makes further provision in relation to the procedure to be followed after a notice of the kind mentioned in sub-paragraph (1A)(b), (3B) or (4A) has been given in accordance with the scheme.
7
In this paragraph “relevant obligation” means —
a
the duty to comply with a direction mentioned in sub-paragraph (2); or
b
any obligation under the scheme which is specified in the scheme as a relevant obligation for the purposes of this paragraph.
5
After paragraph 5 insert —
Requirements where deposit is to cease to be retained under an insurance scheme
5A
1
This paragraph applies in relation to —
a
a notice of the kind mentioned in paragraph 5(1A)(b) or (3B), or
b
a notice from the scheme administrator stating that he proposes to terminate a landlord’s membership of the scheme under paragraph 5(4),
given in accordance with an insurance scheme.
2
The scheme must make provision for the scheme administrator, in the case of a notice of the kind mentioned in paragraph 5(1A)(b) which has not been not withdrawn —
a
to determine the date on which the tenancy deposit is to cease to be retained under the scheme; and
b
to give a notice under sub-paragraph (4) to the landlord and to the tenant.
3
The scheme must make provision for the scheme administrator, in the case of a notice of the kind mentioned in paragraph 5(3B), to take the following steps after the end of the period of 14 days beginning with the day on which that notice is received —
a
to determine whether the deposit should cease to be retained under the scheme and, if so, the date on which it is to cease to be so retained;
b
if the determination is that the deposit should continue to be retained under the scheme, to give a notice of the determination to the landlord;
c
if the determination is that the deposit should cease to be so retained, to give a notice under sub-paragraph (4) to the landlord and to the tenant.
4
A notice under this sub-paragraph is a notice —
a
identifying the tenancy deposit in question;
b
informing the recipients of the notice of the determination made by the scheme administrator and stating the date when the deposit ceases to be retained under the scheme; and
c
giving a general explanation of the continuing effect of sections 213 to 215 of this Act in relation to the deposit (including in particular the effect of section 213 as modified by sub-paragraph (9)).
5
The scheme must make provision for the scheme administrator, in the case of a notice of the kind mentioned in sub-paragraph (1)(b), to take the following steps after the end of the period of 14 days beginning with the day on which that notice is received —
a
to determine whether to terminate the landlord’s membership and, if so, the date on which his membership is to terminate;
b
if the determination is that the landlord should continue as a member, to give a notice of the determination to the landlord; and
c
if the determination is that the membership should be terminated, to give a notice under sub-paragraph (6) to the landlord and to the tenant under any tenancy in relation to which a deposit affected by the determination is retained under the scheme.
6
A notice under this sub-paragraph is a notice —
a
informing the recipients of the notice of the determination by the scheme administrator that the landlord’s membership of the scheme is to be terminated and stating the date on which his membership terminates;
b
giving a general explanation of the effect of the termination on any tenancy deposits retained by the landlord under the scheme; and
c
giving a general explanation of the continuing effect of sections 213 to 215 of this Act in relation to any tenancy deposits that cease to be retained under the scheme as a result of the termination of membership (including in particular the effect of section 213 as modified by sub-paragraph (9)).
7
The date determined under sub-paragraph (2)(a), (3)(a) or (5)(a) must not be within the period of three months beginning with the day on which the original notice mentioned in sub-paragraph (1) was received.
8
A notice under sub-paragraph (4) or (6) must be given at least two months before the date on which the deposit ceases to be retained under the scheme or the landlord’s membership terminates (as the case may be).
9
In the application of section 213 to a tenancy deposit which ceases to be retained under an insurance scheme (“the old scheme”) by virtue of a determination mentioned in this paragraph —
a
references to receiving the deposit include a reference to ceasing to retain it under the terms of the old scheme;
b
subsection (3) has effect as if for the words “within the period of 14 days beginning with the date on which it is received” there were substituted “before the deposit ceases to be retained under the old scheme”; and
c
subsection (6)(b) has effect as if the reference to the date on which the landlord receives the deposit were a reference to the date on which the deposit ceases to be retained under the old scheme.
6
1
Paragraph 6 is amended as follows.
2
In sub-paragraph (1), for “7 and” substitute “6A to”.
3
After sub-paragraph (2) insert —
2A
When a tenant gives notice under sub-paragraph (2) he must also indicate whether he consents to any dispute as to the amount to be repaid to him being resolved through the use of the dispute resolution service.
4
In sub-paragraph (4) —
a
omit “or” after paragraph (a); and
b
after paragraph (b) insert —
or
c
that a person acting as an adjudicator under the provision made under paragraph 10 has made a binding decision that the outstanding amount is payable either wholly to one of them or partly to one and partly to the other.
5
In sub-paragraph (5) for “or (b)” substitute “, (b) or (c)”.
7
After paragraph 6 insert —
Notice to be sent to landlord when a direction under paragraph 6(3) is given
6A
1
This paragraph applies where the scheme administrator of an insurance scheme gives a direction under paragraph 6(3) to a landlord.
2
The scheme administrator must also send to the landlord a notice —
a
asking the landlord to indicate —
i
whether he accepts that the tenant should be repaid the whole or part of the outstanding amount;
ii
if he accepts that part of it should be repaid, the amount he accepts should be repaid; and
iii
if he does not accept that the tenant should be repaid the whole of the outstanding amount, whether he consents to the dispute being resolved through the use of the dispute resolution service; and
b
warning the landlord that if he does not accept that the tenant should be repaid the whole of the outstanding amount but fails to respond within the relevant period to the question mentioned in paragraph (a)(iii), he will be treated as having given his consent for the dispute to be resolved through the use of that service.
3
If the scheme administrator does not, within the relevant period, receive a response from the landlord indicating whether he accepts that the whole or part of the outstanding amount should be paid to the tenant —
a
the scheme administrator must treat the lack of a response as an indication that the landlord does not accept that the tenant should be repaid any of the outstanding amount;
b
the scheme administrator must determine forthwith whether he is satisfied that the notice was received by the landlord;
c
if the scheme administrator determines that he is satisfied that it was so received, the landlord is to be treated as having given his consent for the dispute to be resolved through the use of the dispute resolution service; and
d
the scheme administrator must inform the tenant and the landlord whether or not such consent is to be treated as having been given.
4
If within the relevant period the scheme administrator receives a response to the notice under sub-paragraph (2) to the effect that the landlord does not accept that the tenant should be repaid the whole of the outstanding amount but the landlord fails within that period to indicate whether he consents to the dispute being resolved through the dispute resolution service —
a
the landlord is to be treated as having given his consent for the dispute to be resolved through the use of that service; and
b
the scheme administrator must inform the tenant and the landlord that such consent is to be treated as given.
5
In this paragraph —
“the outstanding amount” has the same meaning as in paragraph 6;
“the relevant period” means the period of 10 working days beginning with the day after that on which the notice referred to in sub-paragraph (2) is sent; and
“working days” shall be taken to exclude Saturdays, Sundays, Christmas Day, Good Friday and any day which, under the Banking and Financial Dealings Act 1971 , is a bank holiday in England and Wales.
General
8
In paragraph 10 (dispute resolution procedures), after sub-paragraph (2) insert —
3
The provision made under this paragraph may confer power on a person acting as an adjudicator in relation to such a dispute to decline to proceed, or continue to proceed, with the case.
4
In this Schedule, in relation to a custodial scheme or an insurance scheme, “the dispute resolution service” means the facilities provided by the scheme in accordance with this paragraph.
9
After paragraph 10 insert —
Service of documents: general
10A
A tenancy deposit scheme may make provision as to the methods which may be used for giving or sending any direction, notice or other document which falls to be given or sent under the scheme.
Service of documents by scheme administrator on landlords
10B
1
The provision made by a tenancy deposit scheme under paragraph 10A may include provision for any direction, notice or other document mentioned in this Schedule which is to be given or sent to a landlord by the scheme administrator to be treated as having been received on the second day after the day on which it is sent by first class post to the landlord at the address last provided by him to the scheme administrator as the postal address to which correspondence may be sent.
2
Sub-paragraph (1) does not apply to the notice mentioned in paragraph 6A(2).
3
Provision made under sub-paragraph (1) may require the scheme administrator —
a
to send a document to an address other than that mentioned in that sub-paragraph; or
b
to use or attempt to use any other available means of communication,
before sending a document which is to be treated as having been received as mentioned in that sub-paragraph.
Service of documents by scheme administrator on tenants
10C
1
The provision made by a tenancy deposit scheme under paragraph 10A may include provision for any notice or other document mentioned in this Schedule which is to be given or sent to a tenant by the scheme administrator to be treated as having been received on the second day after the day on which it is sent by first class post to the tenant at the proper address.
2
In the case of a notice mentioned in paragraph 4C(2), the proper address is —
a
the address (if any) last provided to the scheme administrator as the address to which correspondence may be sent; or
b
if no such address has been provided, the address given in the landlord’s statutory declaration as the tenant’s last known address or, if the scheme administrator has a more recent address for the tenant, that address.
3
In the case of a notice of the kind mentioned in paragraph 5A(4) or (6), the proper address is the address of the premises subject to the tenancy in question.
4
Provision made under sub-paragraph (1) may require the scheme administrator —
a
to send a document to an address other than the proper address, or
b
to use or attempt to use any other available means of communication,
before sending a document which is to be treated as having been received as mentioned in that sub-paragraph
Consequential amendments
10
In paragraph 2 —
a
in sub-paragraph (1), for “and 4” substitute “to 4C” and for “and 10” substitute “to 10C”; and
b
in sub-paragraph (2), for “and 10” substitute “to 10C”.
11
In paragraph 3, in sub-paragraph (5), after “paragraph 4” insert “or 4C”.
12
Before paragraph 7 insert —
Insurance schemes – supplementary provisions
Signed by authority of the Secretary of State
for Communities and Local Government
Kay Andrews
Parliamentary Under Secretary Of State
Department for Communities and Local Government
13th March 2007
Signed on behalf of the National Assembly for Wales
Dafydd. Ellis-Thomas
The Presiding Officer of the National Assembly
6th March 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Houses in Multiple Occupation (Specified Educational Establishments) (England) (No. 2) Regulations 2007 and shall come into force on 1st October 2007.
2
These Regulations apply in relation to England only.
Educational establishments specified for certain purposes of the Housing Act 2004
2
An educational establishment is specified for the purposes of paragraph 4 of Schedule 14 to the Housing Act 2004 where —
a
it is listed in the Schedule to these Regulations; and
b
it is listed as the relevant educational establishment in respect of a building —
i
listed on or before 22nd August 2007 in the Schedule annexed to The Universities UK /Standing Conference of Principals Code of Practice for the Management of Student Housing dated 20th February 2006 ; or
ii
listed on or before 22nd August 2007 in the second column of Schedule 1 annexed to the Accreditation Network UK/Unipol Code of Standards for Larger Developments for Student Accommodation Managed and Controlled by Educational Establishments dated 20th February 2006 .
Revocation of earlier Regulations
3
The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2007 are revoked.
Signed by authority of the Secretary of State
For Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
5th September 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Surrey and Sussex Healthcare National Health Service Trust (Transfer of Trust Property) Order 2007 and shall come into force on 1 st November 2007.
2
In this Order —
“the old Trust” means the Surrey and Sussex Healthcare National Health Service Trust; and
“the trust property” means the property specified in the two schedules of trust property more specifically described in paragraphs (1) and (2) of article 2.
Transfer of trust property
2
1
On the date that this Order comes into force the property specified in the schedule of trust property prepared and agreed by the old Trust and the Surrey Primary Care Trust and signed on behalf of the old Trust on 18 th June 2007 and on behalf of the Surrey Primary Care Trust on 27 th June 2007, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the Surrey Primary Care Trust.
2
On the date that this Order comes into force the property specified in the schedule of trust property prepared and agreed by the old Trust and the Worthing and Southlands Hospitals National Health Service Trust and signed on behalf of the old Trust on 18 th June 2007 and on behalf of the Worthing and Southlands Hospitals National Health Service Trust on 27 th June 2007, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the Worthing and Southlands Hospitals National Health Service Trust.
Construction of references
3
In any instrument relating to any of the trust property, any reference in relation to that property to the trustees of that property or to the old Trust, shall be construed as a reference to —
a
in so far as the reference relates to property referred to in article 2(1), the Surrey Primary Care Trust; and
b
in so far as the reference relates to property referred to in article 2(2), the Worthing and Southlands Hospitals National Health Service Trust.
Signed by authority of the Secretary of State for Health
Ben Bradshaw
Minister of State
Department of Health
16th September 2007