text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 2) Order 2008 and shall come into force on 16th September 2008.
2
In this Order “the principal Order ” means the Armed Forces and Reserve Forces (Compensation) Scheme Order 2005 .
Amendment of article 20 of the principal Order (temporary awards)
2
Article 20 of the principal Order (temporary awards) is amended as follows —
a
in paragraph (1)(a) after ‘tariff’ insert “in force on the date on which the claim for benefit was made”;
b
in paragraph (4) before “If the Secretary” insert “Except where paragraph (6) applies”;
c
after paragraph (4) insert —
5
Where paragraph (6) applies the Secretary of State shall —
a
issue a decision making a permanent award of benefit in favour of the claimant, which award shall take effect from the day on which the temporary award was made; and
b
guaranteed income payment shall continue to be paid in accordance with this Order.
6
This paragraph applies where the Secretary of State has, in the period since the date on which the claim for benefit was made and before he made a temporary award in respect of that person, amended this Order by —
a
including an injury of a description which is the same as the injury in respect of which the temporary award was made; and
b
which is at the same level of the tariff in respect of which the temporary award was made.
.
Amendment of Schedule 4 (the Tariff) to the principal Order
3
1
For Tables 1 – 9 of Schedule 4 (the Tariff) to the principal Order substitute —
Table 1 - Burns(*)
Item Column (a)
Level
Column (b)
Injury
(*) Awards for all burns include compensation for any residual scarring or pigmentation and take into account any skin grafting. (*) Awards for deep second degree, third degree or full thickness burns include compensation for actual or expected metabolic or cardiovascular consequences. (*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.
1. 4 Burns, with deep second degree, third degree, or full thickness burns affecting 70 per cent or more of whole body surface area. 2. 5 Burns, with deep second degree, third degree, or full thickness burns affecting 50 to 69.9 per cent of whole body surface area. 3. 6 Burns, with deep second degree, third degree, or full thickness burns affecting 15 to 49.9 per cent of whole body surface area. 4. 6 Burns, with deep second degree, third degree, or full thickness burns to the face or face and neck including one or more of the following: loss of or very severe damage to chin, ear, lip or nose, resulting in or expected to result in residual scarring and poor cosmetic outcome despite treatment and camouflage. 5. 7 Burns, with deep second degree, third degree, or full thickness burns to the face or face and neck resulting in or expected to result in residual scarring and poor cosmetic results despite treatment and camouflage. 6. 8 Burns, with deep second degree, third degree, or full thickness burns affecting 9 to 14.9 per cent of whole body surface area. 7. 9 Burns, with deep second degree, third degree, or full thickness burns to the face or face and neck resulting in or expected to result in residual scarring and satisfactory cosmetic results with camouflage. 8. 11 Burns, with deep second degree, third degree, or full thickness burns affecting 4.5 to 8.9 per cent of whole body surface area. 9. 12 Burns, with deep second degree, third degree, or full thickness burns affecting less than 4.5 per cent of whole body surface area. 10. 12 Burns, with first degree or superficial second degree burns affecting more than 15 per cent of whole body surface area. 11. 13 Burns, with first degree or superficial second degree burns to the face or face and neck. 12. 14 Burns, with first degree or superficial second degree burns affecting 4.5 to 15 per cent of whole body surface area. 13. 15 Burns, with first degree or superficial second degree burns affecting 1 to 4.4 per cent of whole body surface area.
Table 2 – Injury, Wounds and Scarring(*)
Item Column (a)
Level
Column (b)
Injury
(*) When applied to limb injuries the expression “complex injury” means that the injury affects all or most of the following structures: skin, subcutaneous tissues, muscle, bone, blood vessels and nerves. (*) When applied to limb injuries the expression “with complications” means that the injury is complicated by at least one of septicaemia, osteomyelitis, clinically significant vascular or neurological injury, avascular necrosis, gross shortening of the limb, mal-united or non-united fracture, or the fact that the claimant has required, or is expected to require, a bone graft. (*) When applied to chest and abdominal (including pelvis) injuries the expression “complex injury” means that there is clinically significant damage to vital structures and organs including two or more of the following: trachea, lungs, heart, gastrointestinal tract, great vessels, diaphragm, chest or abdominal wall, pelvic floor, liver, pancreas, kidneys, bladder, spleen or ovaries. (*)When applied to chest and abdominal (including pelvis) injuries the expression “with complications” means that management of the injury has required two or more of the following: resuscitation, ventilation, thoracic or abdominal drainage, a laparotomy with repair and/or removal of organs and structures. (*) Any award for injury to limbs, back, chest or abdomen includes compensation for related scarring and damage to, or removal of structures (including skin, subcutaneous tissue, muscle, bone, tendons, ligaments, blood vessels and nerves). (*) Any references to duration of effects in column (b) are from date of injury or onset of illness. (*) When applied to any injury, the expression “vital structures” includes major nerve or blood vessels. (*) When applied to any injury, the term “torso” means any part of the chest, abdomen or back. (*) When applied to any injury, the expression “functional limitation and restriction” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, delayed recovery or injury to self or others as a direct result of the injury itself. (*) When applied to any limb, the expression “injury covering all or most of the area” means external injury causing direct damage to contiguous areas of the limb circumference. In the case of a lower limb this may include direct damage to the buttocks. (*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.
1. 5 Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, with complications, causing permanent significant functional limitation and restriction. 2. 5 Loss of both kidneys or chronic renal failure. 3. 6 Complex injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, with complications, causing permanent significant functional limitation and restriction. 4. 6 Injury covering all or most of the area from thigh to ankle or shoulder to wrist, with complications, causing permanent significant functional limitation and restriction. 5. 6 Complex injury to chest, with complications, causing permanent significant functional limitation and restriction. 6. 7 Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing permanent significant functional limitation and restriction. 7. 7 Injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, with complications, causing permanent significant functional limitation and restriction. 8. 7 Injury to chest, with complications, causing permanent significant functional limitation and restriction. 9. 7 Complex injury to chest causing permanent significant functional limitation and restriction 10. 7 Complex injury to abdomen, including pelvis, with complications, causing permanent significant functional limitation and restriction. 11. 7 Severe facial lacerations including one or more of the following: loss of or very severe damage to chin, ear, lip or nose, which produce poor cosmetic result despite camouflage and have required, or are expected to require, operative treatment. 12. 8 Injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing permanent significant functional limitation and restriction. 13. 8 Complex injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, causing permanent significant functional limitation and restriction. 14. 8 Severe facial lacerations which produce poor cosmetic result despite camouflage and have required, or are expected to require, operative treatment. 15. 8 Injury to abdomen, including pelvis, with complications, causing permanent significant functional limitation and restriction. 16. 8 Complex injury to abdomen, including pelvis, causing permanent significant functional limitation and restriction. 17. 8 Injury to chest, causing permanent significant functional limitation and restriction. 18. 9 Injury to abdomen, including pelvis, causing permanent significant functional limitation and restriction. 19. 9 Injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, causing permanent significant functional limitation and restriction. 20. 9 Complex injury covering all or most of the hand, with complications, causing permanent significant functional limitation and restriction. 21. 10 Serious permanent damage to, or loss of, one kidney. 22. 10 Severe facial lacerations which have required, or are expected to require, operative treatment resulting in or expected to result in a satisfactory cosmetic result. 23. 10 Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. 24. 10 Complex injury to chest, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. 25. 10 Complex injury covering all or most of the foot, with complications, causing permanent significant functional limitation and restriction. 26. 11 Complex injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. 27. 11 Traumatic damage to spleen which has required splenectomy and where there is, or where there is a high risk of, overwhelming post-splenectomy infection. 28. 11 Severe facial scarring which produces a poor cosmetic result despite camouflage. 29. 11 High velocity gun shot wound, deep shrapnel fragmentation or one or more puncture wounds (or all or any combination of these injuries) to the head and neck, chest, back, abdomen or limb, with damage to one or more vital structures causing permanent significant functional limitation and restriction. 30. 11 Complex injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. 31. 11 Injury covering all or most of the area from thigh to ankle or shoulder to wrist, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. 32. 11 Complex injury to chest, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. 33. 11 Complex injury to abdomen, including pelvis, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. 34. 11 Complex injury covering all or most of the hand, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. 35. 12 Complex injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. 36. 12 Severe scarring of face, or face and neck, or neck, scalp, torso or limb, where camouflage produces a good cosmetic result. 37. 12 Injury to chest, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. 38. 12 Injury covering all or most of the area from thigh to ankle or shoulder to wrist, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. 39. 12 High velocity gun shot wound, deep shrapnel fragmentation or one or more puncture wounds (or all or any combination of these injuries) to the head and neck, chest, back, abdomen or limb with substantial recovery. 40. 12 Traumatic injury to genitalia requiring treatment resulting in severe permanent damage or loss. 41. 12 Injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. 42. 12 Complex injury to abdomen, including pelvis, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. 43. 12 Complex injury covering all or most of the foot, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. 44. 13 Injury to abdomen, including pelvis, with complications, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. 45. 13 Injury to all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. 46. 13 Injury to chest, causing or expected to cause significant functional limitation and restriction at 26 weeks, where the claimant has made or is expected to make a substantial recovery beyond that date. 47. 13 Moderate facial scarring where camouflage produces a good cosmetic result. 48. 13 Lung damage due to toxic fumes, smoke inhalation or blast, where symptoms have continued, or are expected to continue beyond 6 weeks and where the claimant has made or is expected to make a substantial recovery within 26 weeks. 49. 13 Traumatic tension or open pneumothorax. 50. 13 Superficial shrapnel fragmentation or one or more puncture wounds (or both such injuries) to head and neck, torso or limb which have required, or are expected to require, operative treatment. 51. 13 Fractured tooth which has required, or is expected to require, root resection. 52. 13 Loss of two or more front teeth. 53. 14 Injury to abdomen including pelvis, causing or expected to cause significant functional limitation and restriction at 26 weeks, with substantial recovery beyond that date. 54. 14 Moderate scarring of scalp, neck, torso or limbs where camouflage produces a good cosmetic result. 55. 14 Minor facial scarring. 56. 14 Flesh wound which has required, or is expected to require, operative treatment. 57. 14 Traumatic injury to genitalia requiring treatment resulting in moderate permanent damage. 58. 14 Damage to one front tooth which has required, or is expected to require, a crown or root canal surgery. 59. 14 Damage to two or more teeth other than front which have required, or are expected to require, crowns or root canal surgery. 60. 14 Loss of one front tooth. 61. 14 Loss of two or more teeth other than front. 62. 14 Cold injury with persisting symptoms and significant functional limitation and restriction. 63. 15 Minor scarring of scalp, neck, torso or limbs. 64. 15 Injury to abdomen, including pelvis, causing or expected to cause significant functional limitation and restriction at 13 weeks, with substantial recovery within 26 weeks. 65. 15 Shrapnel fragmentation or one or more puncture wounds (or both such injuries) to head and neck, torso or limb not requiring operative treatment. 66. 15 Cold injury which has caused, or is expected to cause, symptoms and significant functional limitation and restriction at 6 weeks, with substantial recovery beyond that date.
Table 3 - Mental disorders(*)
Item Column (a)
Level
Column (b)
Injury
(*) When applied to any disorder, the expression “functional limitation and restriction” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, or of delayed recovery or of injury to self or others as a direct result of the disorder itself. (*) In assessing functional limitation and restriction for mental disorders account shall be taken of psychological, social and occupational function. (*) Functional limitation and restriction is likely to be severe where symptoms or behaviours include mania, delusions, hallucinations, severe depression with suicidal preoccupations or abnormal rituals. (*) Mental disorders must be diagnosed by a relevant accredited medical specialist. (*) Any references to duration of effects in column (b) are from date of injury or onset of illness.
1. 8 Permanent mental disorder, causing severe functional limitation and restriction. 2. 9 Permanent mental disorder, causing moderate functional limitation and restriction. 3. 10 Mental disorder, causing functional limitation and restriction, which has continued, or is expected to continue for 5 years. 4. 12 Mental disorder, which has caused or is expected to cause functional limitation and restriction at 2 years, from which the claimant has made, or is expected to make, a substantial recovery within 5 years. 5. 13 Mental disorder, which has caused, or is expected to cause, functional limitation and restriction at 26 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 2 years. 6. 14 Mental disorder, which has caused or is expected to cause, functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks.
Table 4 – Physical disorders including infectious diseases(*)
Item Column (a)
Level
Column (b)
Injury
(*) Any references to duration of effects in column (b) are from date of injury or onset of illness. (*) When applied to any disorder, the expression “functional limitation and restriction” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, or of delayed recovery, or of injury to self or others, as a direct result of the disorder itself. (*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.
1. 6 Physical disorder causing severe functional limitation and restriction where life expectancy is less than five years. 2. 7 Physical disorder causing severe functional limitation and restriction where life expectancy is reduced, but is more than 5 years. 3. 8 Infertility. 4. 9 Physical disorder causing permanent severe functional limitation and restriction. 5. 11 Physical disorder which has caused, or is expected to cause severe functional limitation and restriction at 26 weeks from which the claimant has made, or is expected to make, a substantial recovery beyond that date. 6. 11 Physical disorder causing permanent moderate functional limitation and restriction. 7. 13 Physical disorder which has caused, or is expected to cause, severe functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 8. 13 Physical disorder which has caused, or is expected to cause, moderate functional limitation and restriction at 26 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date. 9. 14 Physical disorder which has caused, or is expected to cause, severe functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks. 10. 14 Physical disorder which has caused, or is expected to cause, moderate functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 11. 15 Physical disorder which has caused, or is expected to cause, moderate functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
Table 5 - Amputations(*)
Item Column (a)
Level
Column (b)
Injury
(*) Loss of a finger or thumb means that amputation has taken place at the metacarpophalangeal joint. (*) Loss of a toe means that amputation has taken place at the metatarsophalangeal joint. (*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.
1. 1 Loss of both legs (above or below knee) and both arms (above or below elbow). 2. 1 Loss of both eyes or sight in both eyes and loss of either both legs (above or below knee), or both arms (above or below elbow). 3. 1 Total deafness and loss of either both legs or both arms. 4. 2 Loss of both legs above knee (hip disarticulation or hemipelvectomy). 5. 2 Loss of both arms above elbow (shoulder disarticulation or forequarter). 6. 2 Loss of both legs above or below knee (not hip disarticulation or hemipelvectomy) and one arm (above or below elbow). 7. 2 Loss of both arms above or below elbow (not shoulder disarticulation or forequarter) and one leg (above or below knee). 8. 3 Loss of both legs at or above knee (trans–femoral or knee disarticulation). 9. 3 Loss of both arms at or above elbow (trans–humeral or elbow disarticulation). 10. 3 Loss of one leg above knee (hip disarticulation or hemipelvectomy). 11. 3 Loss of one arm above elbow (shoulder disarticulation or forequarter). 12. 4 Loss of both legs below knee (trans-tibial). 13. 4 Loss of both arms below elbow (trans-radial). 14. 4 Loss of both hands (wrist disarticulation) or where amputation distal to that site has led to permanent total loss of use of both hands. 15. 5 Loss of both feet at ankle or where amputation distal to that site has led to permanent total loss of use of both feet. 16. 5 Loss of one leg at or above knee (trans-femoral or knee disarticulation). 17. 5 Loss of one arm at or above elbow (trans-humeral or elbow disarticulation). 18. 6 Loss of one leg below knee (trans-tibial). 19. 6 Loss of one arm below elbow (trans-radial). 20. 6 Loss of one hand (wrist disarticulation) or where amputation distal to that site has led to permanent total loss of use of one hand. 21. 7 Loss of both thumbs. 22. 8 Loss of one foot at ankle or where amputation distal to that site has led to permanent total loss of use of foot. 23. 10 Loss of both great toes. 24. 10 Loss of thumb. 25. 10 Loss of both index fingers. 26. 10 Loss of two or more fingers, other than thumb or index finger, from each hand. 27. 10 Partial loss of thumb and index finger from each hand. 28. 11 Loss of two or more fingers, other than thumb or index finger, from one hand. 29. 12 Loss of great toe. 30. 12 Loss of two or more toes, other than great toe, from each foot. 31. 12 Loss of index finger from one hand. 32. 12 Partial loss of thumb and index finger from one hand. 33. 12 Partial loss of two or more fingers, other than thumb or index finger, from each hand. 34. 12 Loss of finger, other than thumb or index finger, from each hand. 35. 12 Partial loss of thumb or index finger from each hand. 36. 12 Persistent phantom limb pain. 37. 12 Stump neuroma with trigger point stump pain. 38. 13 Loss of two or more toes, other than great toe, from one foot. 39. 13 Partial loss of each great toe. 40. 13 Partial loss of one finger, other than thumb or index finger, from each hand. 41. 13 Loss of one finger, other than thumb or index finger, from one hand. 42. 13 Partial loss of two or more fingers, other than thumb or index finger, from one hand. 43. 13 Partial loss of thumb or index finger from one hand. 44. 14 Partial loss of great toe from one foot. 45. 14 Loss of one toe, other than great toe, from each foot. 46. 14 Partial loss of one finger, other than thumb or index finger, from one hand. 47. 15 Loss of one toe, other than great toe, from one foot.
Table 6 - Neurological disorders, including spinal cord, head or brain injuries (*)
Item Column (a)
Level
Column (b)
Injury
(*) An award for brain injury in levels 1, 3 or 4 includes compensation for associated epilepsy. (*) Any references to duration of effects in column (b) are from date of injury or onset of illness. (*) When applied to any injury or disorder, the expression “functional limitation and restriction” or “functionally limiting or restricting” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, or of delayed recovery or of injury to self or to others as a direct result of the injury or disorder itself. (*) Spinal cord injury – the level of spinal cord injury is the lowest intact spinal cord segment. An award for a spinal cord injury includes compensation for long-term neurological consequences, muscle spasms and effects on skin, spine, joints, bladder, bowel and sexual function and the cardiovascular and respiratory systems. (*)Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.
(a)
The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of less than 5.
(b)
The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of less than 5.
(c)
The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of 6-8.
(d)
The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of 9-12.
(e) The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of 13–15.
(f)
The Claimant is likely to have had a post-resuscitation Glasgow Coma scale of 13–15.
1. 1 Spinal cord injury, at or above vertebra C3. 2. 1 Brain injury with persistent vegetative state. 3. 1 Brain injury where epilepsy is present (or where there is a high risk of epilepsy) and the claimant has reflex activity but has little or no meaningful response to the environment, no language, double incontinence and requires full-time skilled nursing care . 4. 2 Spinal cord injury at vertebra C4, C5 or C6. 5. 3 Spinal cord injury at vertebra C7, C8 or T1. 6. 3 Brain injury where epilepsy is present (or where there is a high risk of epilepsy) where the claimant has limited response to the environment; substantial physical and sensory problems; one or more of cognitive, personality or behavioural problems and requires regular skilled nursing care. 7. 4 Spinal cord injury at vertebra T2 to T6. 8. 4 Brain injury where epilepsy is present (or where there is a high risk of epilepsy) where the claimant has some limitation on response to the environment; some physical and sensory problems; and one or more of cognitive, personality or behavioural problems but does not require skilled nursing care. 9. 4 Uncontrolled post head injury epilepsy. 10. 5 Spinal cord injury at vertebra T7 to T10. 11. 5 Hemiplegia. 12. 5 Brain injury with some risk of epilepsy, where the claimant has moderate physical or sensory problems; one or more of cognitive, personality or behavioural problems and requires some help from others with activities of everyday living but not personal or nursing care. 13. 6 Spinal cord injury at vertebra T11 to L1. 14. 7 Spinal cord injury at vertebra below L1. 15. 7 Brain injury with some persisting physical or sensory problems; one or more of cognitive, personality or behavioural problems and requires occasional help from others with activities of everyday living (d) or (e) . 16. 9 Permanent upper limb paralysis due to traumatic damage to brachial plexus – pre-ganglionic. 17. 9 Permanent isolated damage to one cranial nerve. 18. 10 Permanent foot or wrist drop. 19. 11 Brain injury from which the claimant has made, or is expected to make, a substantial recovery beyond 26 weeks, except for residual objectively verified vertigo . 20. 11 Brain haemorrhage or stroke which has caused, or is expected to cause, persistent significant functional limitation and restriction at 26 weeks, but where there has been, or is expected to be, a substantial recovery beyond that date. 21. 11 Brain injury from which the claimant has made a substantial recovery and is able to resume work and social life with no significant physical, sensory or cognitive deficits but some residual problems with concentration and memory, disinhibited mood, personality change or depression. 22. 11 Minor head injury which has caused, or is expected to cause, functionally limiting or restricting impaired balance or post traumatic syndrome for more than 52 weeks. 23. 12 Controlled post head injury epilepsy. 24. 12 Permanent substantial peripheral motor sensory or autonomic nerve damage. 25. 12 Entrapment neuropathy which has not responded to treatment. 26. 12 Permanent upper limb paralysis due to traumatic damage to brachial plexus – post-ganglionic. 27. 13 Permanent facial numbness including lip. 28. 13 Entrapment neuropathy which has responded, or is expected to respond, to treatment. 29. 13 Minor head injury which has caused, or is expected to cause, functionally limiting or restricting impaired balance or post-traumatic syndrome for more than 6 weeks, with substantial recovery beyond that date. 30. 14 Permanent facial numbness which does not include the lip. 31. 15 Permanent minor peripheral sensory nerve damage.
Table 7 - senses(*)
Item Column (a)
Level
Column (b)
Injury
(*) For the purposes of the Scheme the following definitions apply: “Total blindness in both eyes” means that the claimant must have been diagnosed as being blind by an accredited medical specialist and have a visual acuity of 3/60 or worse in both eyes; “Total blindness in one eye” means that the claimant must have been diagnosed by an accredited medical specialist and have a visual acuity of 3/60 or worse in the affected eye; “Total deafness” means that the claimant’s bilateral average hearing threshold level is 90 dB or more averaged over 1, 2 and 3 kHz as measured by appropriately calibrated equipment meeting British Standards, and using quality assured pure tone audiometry; “Total deafness in one ear” means that the average hearing threshold is 90dB or more averaged over 1, 2 and 3 kHz as measured by appropriately calibrated equipment meeting British Standards and using quality assured pure tone audiometry. (*) Degree of visual field loss should be assessed by reference to an accredited specialist physician report which includes reasons. (*) The tariff values for blast injury to ears apply where the tympanic membrane is intact. Where the tympanic membrane is perforated the award shall be increased by £1000. (*) Any references to duration of effects in column (b) are from date of injury or onset of illness. (*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.
1. 1 Total deafness and loss of both eyes, or total deafness and total blindness in both eyes, or total deafness and loss of one eye and total blindness in the other eye. 2. 2 Loss of eyes. 3. 2 Total blindness in both eyes. 4. 2 Loss of one eye and total blindness in the other eye. 5. 5 Loss of one eye and permanent damage to the other eye, where visual acuity is correctable to 6/36. 6. 6 Total deafness in both ears. 7. 6 Severe binocular visual field loss. 8. 8 Loss of one eye or total blindness in one eye. 9. 9 Bilateral permanent hearing loss of more than 75dB averaged over 1, 2 and 3kHz, with severe persistent tinnitus. 10. 9 Partial loss of vision where visual acuity is correctable to 6/60. 11. 9 Permanent and inoperable cataracts in both eyes. 12. 10 Total deafness in one ear. 13. 10 Partial loss of vision where visual acuity is correctable to better than 6/60 and at least 6/36. 14. 10 Bilateral permanent hearing loss of more than 75dB averaged over 1, 2 and 3kHz, with mild or no tinnitus. 15. 10 Detached retina in both eyes. 16. 11 Bilateral permanent hearing loss of 50–75dB averaged over 1, 2 and 3kHz, with severe tinnitus. 17. 11 Partial loss of vision where visual acuity is correctable to better than 6/36 and at least 6/18. 18. 11 Blast injury to ears with permanent sensorineural hearing loss in one ear of over 75dB averaged over 1, 2 and 3 kHz with severe persistent tinnitus. 19. 12 Partial loss of vision where visual acuity is correctable to better than 6/18 and at least 6/12. 20. 12 Permanent and inoperable cataract in one eye. 21. 12 Operable cataracts in both eyes. 22. 12 Moderate binocular visual field loss. 23. 12 Detached retina in one eye. 24. 12 Blast injury to ears with permanent sensorineural hearing loss in one ear of 50-75dB averaged over 1, 2 and 3 kHz with severe persistent tinnitus. 25. 12 Blast injury to ears with permanent sensorineural hearing loss in one ear of over 75dB averaged over 1, 2 and 3 kHz with mild or no tinnitus. 26. 13 Bilateral permanent hearing loss of 50–75dB averaged over 1, 2 and 3kHz, with mild or no tinnitus. 27. 13 Significant penetrating injury to both eyes. 28. 13 Retinal damage (not detached) to both eyes. 29. 13 Partial loss of vision where visual acuity is correctable to better than 6/12. 30. 13 Dislocation of lens in one eye. 31. 13 Degeneration of optic nerve in both eyes. 32. 13 Permanent diplopia. 33. 13 Blast injury to ears with permanent sensorineural hearing loss in one ear of 50-75dB averaged over 1, 2 and 3 kHz with mild or no tinnitus. 34. 14 Blast injury to ears. 35. 14 Diplopia which is present, or is expected to be present, at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date. 36. 14 Operable cataract in one eye. 37. 14 Corneal abrasions in both eyes. 38. 14 Hyphaema in both eyes which has required, or is expected to require, operative treatment. 39. 14 Retinal damage (not detached) in one eye. 40. 14 Significant penetrating injury in one eye. 41. 14 Degeneration of optic nerve in one eye. 42. 14 Slight binocular visual field loss. 43. 15 Diplopia which is present, or is expected to be present, at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date. 44. 15 Corneal abrasions in one eye. 45. 15 Hyphaema in one eye which has required, or is expected to require, operative treatment.
Table 8 – Fractures and dislocations(*)
Item Column (a)
Level
Column (b)
Injury
(*) The tariff values for fractures refer to closed fractures. Where the fracture is open the award shall be increased by £1,000. Any associated scarring is included in the award. (*) An award for an injury in this table includes compensation for any expected consequential osteoarthritis. (*) Any references to duration of effects in column (b) are from date of injury or onset of illness. (*) When applied to any injury, the expression “functional limitation and restriction” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, or of delayed recovery, or of injury to self or others as a direct result of the injury itself. (*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.
1. 10 Fractured heels of both feet causing permanent significant functional limitation and restriction. 2. 10 Fractures or dislocations of both hips, both ankles, both knees, both shoulders, both elbows or both wrists causing permanent significant functional limitation and restriction. 3. 10 Multiple face fractures causing permanent significant cosmetic effect and functional limitation and restriction despite treatment. 4. 11 Fractures or dislocations of both hips, both ankles, both knees, both shoulders, both elbows or both wrists which have caused, or are expected to cause, significant functional limitation and restriction at 26 weeks, from which the claimant has made, or is expected to make a substantial recovery beyond that date. 5. 11 Fractured heel of one foot causing permanent significant functional limitation and restriction. 6. 11 Fractured heel of each foot which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 7. 11 Fracture of pelvis which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 8. 11 Fracture or dislocation of great toe, of each foot, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 9. 11 Fractured tarsal bones of each foot which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 10. 11 Fractures of both femurs, both tibiae, both humeri, both ulnae or both radii which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks. 11. 11 Multiple fractures to face, or face and neck where treatment has led, or is expected to lead, to a good cosmetic and functional outcome. 12. 11 Fracture or dislocation of one hip, elbow, wrist, ankle, knee or shoulder causing permanent significant functional limitation and restriction. 13. 12 Fracture of one humerus, femur, radius, ulna or tibia which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 14. 12 Fracture of mandible or maxilla which has required or is expected to require operative treatment and which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 15. 12 Fracture of each hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 16. 12 Fracture of each clavicle or each scapula which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 17. 12 Fracture of the skull with sub-dural or extra-dural haematoma which has required evacuation, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 18. 12 Fracture or dislocation of thumb of each hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 19. 12 Fracture or dislocation of one hip, elbow, wrist, ankle, knee or shoulder which has caused, or is expected to cause, significant functional limitation and restriction at 26 weeks, with recovery beyond that date. 20. 12 Fracture or dislocation of index finger on each hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 21. 12 Fracture or dislocation of great toe on one foot which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 22. 12 Fractured tarsal bones on one foot which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks. 23. 12 Fractured heel of one foot which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 24. 12 Fractured heel of each foot from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 25. 12 Fractured or dislocated patella on each knee which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 26. 12 Fractured metatarsal bones on each foot which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks. 27. 12 Fractures of both femurs, both ulnae, both tibiae, both humeri or both radii from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. 28. 13 Fractured tarsal or metatarsal bones on each foot from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 29. 13 Fractured metatarsal bones on one foot which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks. 30. 13 Fracture or dislocation of great toe of each foot from which the claimant has made or is expected to make a substantial recovery within 26 weeks. 31. 13 Fracture of one femur, ulna, tibia, humerus or radius from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. 32. 13 Fracture of skull with sub-dural or extra-dural haematoma which has not required evacuation. 33. 13 Fracture of ethmoid which has required or is expected to require operative treatment. 34. 13 Fracture of zygoma which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 35. 13 Fracture or dislocation of one hip, ankle, knee, shoulder, elbow or wrist from which the claimant has made or is expected to make a substantial recovery within 26 weeks. 36. 13 Fracture of one hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 37. 13 Fractured heel of one foot, from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. 38. 13 Fracture of each hand from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. 39. 13 Blow-out fracture of orbit which has required, or is expected to require, operative treatment. 40. 13 Dislocated jaw which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 41. 13 Fracture of scapula or clavicle which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 42. 13 Fracture of each clavicle or each scapula from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 43. 13 Fracture of pelvis from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 44. 13 Fracture of sternum which has, or is expected to have, symptoms continuing beyond 26 weeks. 45. 13 Fractures or dislocations of two or more toes, other than great, of each foot which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks. 46. 13 Fracture or dislocation of thumb on one hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 47. 13 Fracture or dislocation of thumb of each hand which have caused, or are expected to cause, significant functional limitation and restriction at 13 weeks from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. 48. 13 Fracture or dislocation of index finger on each hand, which have caused, or are expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 49. 13 Fractures or dislocations of two or more fingers, other than index, on each hand, which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks. 50. 13 Fracture or dislocation of index finger on one hand which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 51. 13 Fractured or dislocated patella of one knee which has caused, or is expected to cause significant functional limitation beyond 26 weeks. 52. 14 Dislocated jaw from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 53. 14 Fractured zygoma from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. 54. 14 Fractured ethmoid which has not, or is not expected to require, operative treatment. 55. 14 Fracture of mandible or maxilla from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 56. 14 Fracture of hand from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 57. 14 Deviated nasal septum requiring corrective surgery. 58. 14 Displaced fracture of nasal bones. 59. 14 Simple skull fracture. 60. 14 Fractured fibula which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 61. 14 Fracture or dislocation of thumb on one hand which has caused, or is expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 62. 14 Fracture or dislocation of index finger, on one hand, which has caused, or is expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 63. 14 Fracture or dislocation of one finger, other than index, on each hand, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 64. 14 Fractures or dislocations of two or more fingers, other than index, on one hand, which have caused, or are expected to cause significant functional limitation and restriction beyond 26 weeks. 65. 14 Fractures or dislocations of two or more fingers, other than index, on each hand which have caused, or are expected to cause, significant functional limitation and restriction beyond 13 weeks from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 66. 14 Fractures or dislocations of two or more toes, other than great toe, on one foot, which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks. 67. 14 Fractures or dislocations of one toe other than great toe, on each foot, which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks. 68. 14 Fractures or dislocations of two or more toes, other than great toe, on each foot, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 69. 14 Fracture or dislocation of great toe from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 70. 14 Fracture or dislocation of index finger on each hand, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks. 71. 14 Fracture or dislocation of thumb on each hand, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks. 72. 14 Subluxed acromio-clavicular joint from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 73. 14 Fracture of coccyx from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 74. 14 Fracture of clavicle or scapula from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 75. 14 Fracture of sternum from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 76. 14 Fractured tarsal or metatarsal bones on one foot which have caused, or are expected to cause, significant functional limitation and restriction at 13 weeks from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 77. 14 Fractured or dislocated patella of each knee which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 78. 14 Stress fracture where symptoms have lasted, or are expected to last, for more than 6 weeks, where the claimant has made, or is expected to make, a substantial recovery beyond that date. 79. 15 Fracture of mastoid. 80. 15 Undisplaced fracture of nasal bones. 81. 15 Deviated nasal septum which has not required, or is not expected to require, operative treatment. 82. 15 Fractured or dislocated patella of one knee which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 83. 15 Fracture of three or more ribs. 84. 15 Fractures or dislocations of two or more toes, on one foot, which have caused, or are expected to cause significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 85. 15 Fractures or dislocations of one toe, other than great toe, on each foot, which have caused, or are expected to cause significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 86. 15 Fracture or dislocation of thumb from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks. 87. 15 Fractured tarsal or metatarsal bone on one foot, which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks. 88. 15 Fracture or dislocation of two or more fingers, other than index, on one hand which has caused, or is expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 89. 15 Fracture or dislocation of two or more fingers, other than index, on each hand, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks. 90. 15 Fracture or dislocation of one finger, other than index, on each hand, which has caused, or is expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 91. 15 Fracture or dislocation of index finger on one hand, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks. 92. 15 Fracture or dislocation of one finger, other than index, on one hand, which has caused or is expected to cause significant functional limitation and restriction beyond 26 weeks. 93. 15 Fractured fibula from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 94. 15 Fracture of three vertebral transverse or spinous processes.
Table 9 – Muscoskeletal disorders(*)
Item Column (a)
Level
Column (b)
Injury
(*) An award for an injury in this table includes compensation for any expected consequential osteoarthritis. (*) Any references to duration of effects in column (b) are from date of injury or onset of illness. (*) When applied to any injury or disorder, the expression “functional limitation and restriction” means difficulty in executing an activity or requirement to avoid an activity because of the risk of recurrence, or of delayed recovery or of injury to self or others as a direct result of the injury or disorder itself. (*) References to back in this table include cervical, thoracic, lumbar or sacral segments. (*) Awards for injuries in this table include compensation for any associated psychological effects short of a distinct diagnosable disorder.
1. 7 Traumatic back injury with partial spinal cord injury causing permanent significant functional limitation and restriction. 2. 9 Permanent severely impaired grip in both hands. 3. 10 Ligament injury which has resulted in full thickness rupture, affecting both knees, ankles, shoulders, elbows or wrists, causing permanent significant functional limitation and restriction. 4. 11 Ligament injury which has resulted in full thickness rupture, affecting one knee, ankle, shoulder, elbow or wrist, causing permanent significant functional limitation and restriction. 5. 11 Ligament injury which has resulted in full thickness rupture, affecting both knees, ankles, shoulders, elbows, wrists which has caused, or is expected to cause, significant functional limitation and restriction at 26 weeks, from which the claimant is expected to make a substantial recovery beyond that date. 6. 11 Traumatic back injury (with medically verified neurological signs and vertebral damage) extending over several levels of vertebrae, which has required, or is expected to require, operative treatment and which has caused, or is expected to cause, significant functional limitation and restriction beyond 13 weeks. 7. 11 Radiologically confirmed juxta-articular aseptic necrosis of hip or shoulder. 8. 11 Ligament injury short of full thickness rupture, to both knees, ankles, shoulders, elbows or wrists, causing permanent significant functional limitation and restriction. 9. 11 Permanent severely impaired grip in one hand. 10. 11 Radiologically confirmed osteoarthritis of both knees, hips, ankles, shoulders, elbows or wrists (caused by a repetitive or attrition injury), causing permanent significant functional limitation and restriction. 11. 12 Two frozen shoulders which have caused, or are expected to cause, significant functional limitation and restriction beyond 26 weeks. 12. 12 Ligament injury short of full thickness rupture, to both knees, ankles, shoulders, elbows or wrists, which has caused, or is expected to cause, significant functional limitation and restriction at 26 weeks, from which the claimant has made or is expected to make a substantial recovery beyond that date. 13. 12 Ligament injury short of full thickness rupture, to one knee, ankle, shoulder, elbow or wrist, causing permanent significant functional limitation and restriction. 14. 12 Ligament injury which has resulted in full thickness rupture, affecting one knee, ankle, shoulder, elbow or wrist, which has caused, or is expected to cause, significant functional limitation at 26 weeks, from which the claimant has made, or is expected to make a substantial recovery beyond that date. 15. 12 Full thickness muscle or tendon unit rupture which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 16. 12 Traumatic back injury (with medically verified neurological signs and vertebral damage), extending over several levels of vertebrae which has caused, or is expected to cause, significant functional limitation and restriction beyond 13 weeks. 17. 13 Frozen shoulder, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 18. 13 Two frozen shoulders, which have caused or are expected to cause significant functional limitation at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 19. 13 Ligament injury short of full thickness rupture, to both knees, ankles, shoulders, elbows or wrists from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 20. 13 Muscle or tendon unit injury short of full thickness rupture, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks. 21. 13 Two muscle or tendon unit injuries, short of full thickness rupture, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 22. 13 Full thickness muscle or tendon unit rupture, from which the claimant has made, or is expected to make a substantial recovery within 26 weeks. 23. 13 Ligament injury short of full thickness rupture, to one knee, shoulder, ankle, elbow or wrist which has caused, or is expected to cause, significant functional limitation and restriction at 26 weeks with substantial recovery beyond that date. 24. 13 Traumatic back injury with one or more intervertebral disc prolapses or vertebral body or facet joint fractures which has caused or is expected to cause, significant functional limitation and restriction beyond 13 weeks. 25. 13 Radiologically confirmed osteoarthritis of knee, hip, ankle, shoulder, elbow or wrist (caused by repetitive or attrition injury) causing permanent significant functional limitation and restriction. 26. 13 Compartment syndrome which has lasted, or is expected to last, beyond 13 weeks. 27. 14 Frozen shoulder which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 28. 14 Ligament injury short of full thickness rupture to one knee, ankle, shoulder, elbow or wrist, which has caused or is expected to cause, significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 29. 14 Muscle or tendon unit injury short of full thickness rupture, which has caused or is expected to cause significant functional limitation and restriction at 13 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 30. 14 Knee meniscus injury, or other knee pathology, which has required, or is expected to require, operative management. 31. 14 Tendon or ligament rupture of finger, thumb or toe which has required, or is expected to require, operative treatment. 32. 14 Back sprain or strain, with one or more intervertebral disc prolapses which has caused, or is expected to cause significant functional limitation and restriction at 13 weeks. 33. 14 Low back or neck pain syndrome. 34. 14 Anterior knee pain syndrome in both knees which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date. 35. 15 Knee meniscus injury which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks. 36. 15 Anterior knee pain syndrome in one knee which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery beyond that date. 37. 15 Direct hernia which has required operative treatment. 38. 15 Frozen shoulder which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks. 39. 15 Ligament injury short of full thickness rupture, to one knee, ankle, shoulder, elbow or wrist which has caused, or is expected to cause, significant functional limitation and restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 13 weeks.
.
2
Subject to paragraph (3), the revised Schedule 4 to the principal Order shall not apply to any claim made before the coming into force of this Order.
3
The revised Schedule 4 to the principal Order shall apply to a claim made before the coming into force of this Order where —
a
the Secretary of State determines (whether before or after the coming into force of this Order) that a temporary award in accordance with article 20 of the principal Order should be made in respect of the injury for which benefit is claimed; and
b
the injury or an injury of a description which is the same as the injury in respect of which the temporary award is made and, in either case, which is at the same level of the tariff in respect of which the temporary award is made is included in the revised Schedule 4 to the principal Order.
4
In this article —
a
any reference to a ‘claim’ means a claim made in accordance with the principal Order; and
b
“the revised Schedule 4 to the principal Order” means the Schedule as amended by paragraph (1).
Signed by authority of the Secretary of State
Bob Ainsworth
Minister for the Armed Forces
Ministry of Defence
12th August 2008


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) Order 2008 and shall come into force on 7th May 2008.
2
This Order does not extend to Northern Ireland.
Specification of functions
2
The functions exercisable by the Scottish Ministers under or by virtue of the enactments or Community instruments mentioned in each Part of the Schedule to this Order are hereby specified for the purposes of section 93(1) of the Scotland Act 1998.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Community Bus (Amendment) Regulations 2008 and shall come into force on 1st August 2008.
Amendments
2
In regulation 4(1) of The Community Bus Regulations 1986 , for “£53” substitute “£55”.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under-Secretary of State
Department for Transport
5th June 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Non-European Schemes Exemption) Regulations 2008 and shall come into force on 6th April 2008.
2
In these Regulations —
“split approved scheme” means a retirement benefits scheme which–
immediately before 6th April 2006, was treated in accordance with section 611 of the Income and Corporation Taxes Act 1988 (definition of “retirement benefits scheme”) as two or more separate schemes and at least one of those separate schemes was not approved for the purposes of Chapter 1 of Part 14 of that Act (retirement benefit schemes) and
with effect from 6th April 2006, is treated in accordance with section 153 of the Finance Act 2004 (registration of pension schemes) as a registered pension scheme in respect of such of those separate schemes as is, or are, approved for the purposes of Chapter 1 of Part 14 of the Income and Corporation Taxes Act 1988 (retirement benefit schemes); and
“unregistered occupational pension scheme” means a pension scheme which is not registered, or treated in accordance with Schedule 36 to the Finance Act 2004 as registered, under section 153 of that Act (registration of pension schemes).
Exemption of non-European scheme from trust requirement
2
For the purposes of section 253(5) of the Pensions Act 2004 (non-European scheme to be trust with UK-resident trustee) schemes of a prescribed description are —
a
a split approved scheme which has its main administration outside the EEA states; and
b
an unregistered occupational pension scheme which has its main administration outside the EEA states.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
4th March 2008


text:
Citation, commencement and interpretation
1
This order may be cited as the Finance Act 2008 Section 135 (Disaster or Emergency) Order 2008 and comes into force on 13th August 2008.
Specification of disaster
2
For the purposes of section 135 of the Finance Act 2008 (interest on unpaid tax in case of disaster etc of national significance), floods, caused by weather conditions, which occurred in the United Kingdom in June and July 2007 are a disaster.
Specified date
3
For the purposes of section 135(4)(a) of the Finance Act 2008 (relief period), the date specified is 1st June 2007.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2008


text:
Citation
1
This Order may be cited as the Towcester CofE Primary School (Designation as having a Religious Character) Order 2008.
Designation of School
2
1
The Towcester CofE Primary School, Islington Road, Towcester, Northamptonshire, NN12 6AU, a voluntary controlled school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
J D Loosley
A Deputy Director in the
Department for Children, Schools and Families
30th June 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Energy-Saving Items (Corporation Tax) Regulations 2008, shall come into force on 7th July 2008, and shall have effect in respect of expenditure incurred on or after 8th July 2008.
2
In these Regulations —
“ ICTA 1988 ” means the Income and Corporation Taxes Act 1988;
“deduction” means a deduction allowed under section 31ZA of ICTA 1988 (deduction for expenditure on energy-saving items);
“maximum amount” shall be construed in accordance with regulation 3(1);
“relevant expenditure” means —
expenditure incurred in acquiring and installing an energy-saving item in a dwelling-house, or
in so far as it is for the benefit of a dwelling-house, expenditure incurred in acquiring and installing an energy-saving item in a building containing that dwelling-house.
Items of an energy-saving nature
2
The following descriptions of items of an energy-saving nature are specified for the purposes of section 31ZA(5) of ICTA 1988 —
a
hot water system insulation;
b
draught proofing;
c
cavity wall insulation;
d
solid wall insulation;
e
floor insulation; and
f
loft insulation.
Restrictions on relevant expenditure to be taken into account: general
3
1
The maximum amount of the relevant expenditure which may be taken into account in calculating the deduction is £1,500 per dwelling-house.
2
Paragraph (1) applies irrespective of the number of persons incurring relevant expenditure or entitled to a deduction in respect of a dwelling-house.
3
If the company entitled to the deduction has received a contribution from any other person towards the relevant expenditure incurred, that contribution shall be excluded in calculating the relevant expenditure incurred by the company entitled to the deduction.
4
Further rules (to be applied in the order stated) are set out in —
a
regulation 4 (first further rule: apportionment of relevant expenditure benefiting more than one property);
b
regulation 5 (second further rule: restriction of relevant expenditure to the maximum amount);
c
regulation 6 (third further rule: apportionment of relevant expenditure if a dwelling-house or building is owned jointly or in common or is subject to differing estates or interests).
First further rule: apportionment of relevant expenditure benefiting more than one property
4
1
This regulation applies to relevant expenditure which is incurred in acquiring and installing an energy-saving item —
a
in more than one dwelling-house,
b
in a building containing more than one dwelling-house, or
c
in a building containing one or more dwelling-houses and one or more properties which are not dwelling-houses.
2
The relevant expenditure must be apportioned on a just and reasonable basis to all the properties which benefit from it.
3
The amount of the relevant expenditure for which a deduction is allowable in respect of a dwelling-house shall not exceed the amount which is apportioned to that dwelling-house.
Second further rule: restriction of relevant expenditure to the maximum amount
5
1
This regulation applies if the relevant expenditure benefiting a particular dwelling-house (including any relevant expenditure apportioned to the dwelling-house under regulation 4) exceeds the maximum amount.
2
The relevant expenditure must be restricted to the maximum amount.
Third further rule: apportionment of relevant expenditure if a dwelling-house or building is owned jointly or in common or is subject to differing estates or interests
6
1
This regulation applies if relevant expenditure is incurred benefiting a dwelling-house and the dwelling-house or the building containing it —
a
is owned jointly or in common by the company entitled to the deduction and by other persons, or
b
is subject to differing estates or interests.
2
The relevant expenditure (restricted if necessary to the maximum amount) must be apportioned on a just and reasonable basis.
3
The amount of the deduction to which the company entitled to it is entitled shall not exceed the amount apportioned to that company in accordance with paragraph (2).
Further provisions
7
1
This regulation applies if any question arises under regulations 3(3) or 4 to 6 as to the amount of the deduction to which a company may be entitled.
2
The amount shall be treated as if it were an amount specified in a paragraph of subsection (1) of section 42 of ICTA 1988 (appeals against determinations under sections 34 to 36 or Chapter 4 of Part 3 of the Income Tax (Trading and Other Income) Act 2005) , and the procedure set out in that section shall apply accordingly.
Claire Ward
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
11th June 2008


text:
PART 1 GENERAL
Citation, commencement, application and effect
1
1
These Regulations may be cited as the Local Government (Structural Changes) (Transfer of Functions, Property, Rights and Liabilities) Regulations 2008 and shall come into force on 8th September 2008.
2
These Regulations, which are of general application —
a
have effect subject to any provision for the transfer of functions, property, rights or liabilities included in —
i
other regulations under Chapter 1 of Part 1 of the Local Government and Public Involvement in Health Act 2007 (structural and boundary change),
ii
an order under section 20 of that Act (correction of orders),
iii
an order under section 86 of that Act (reorganisation of community governance) ,
iv
regulations under section 97 of that Act (supplementary regulations),
v
an order under Part 2 of the Local Government and Rating Act 1997 (parishes and parish councils), or
vi
regulations under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service, etc. ); and
b
do not affect any transfer of property, rights or liabilities for which provision is contained in an agreement under section 16 of the Local Government and Public Involvement in Health Act 2007 (agreements about incidental matters).
Interpretation
2
1
In these Regulations —
“ the Act ” means the Local Government and Public Involvement in Health Act 2007;
“agreement”, except in regulations 14, 15 and 17(1)(b), means an agreement under section 16 of the Act;
“caretaker council” has the meaning given by regulation 13(1);
“default award”, means the arbitrator’s award in the arbitration of a disputed matter under section 16(3) of the Act (agreements about incidental matters) ;
“nominated council” has the meaning given by regulation 10(1);
“preparing council” means a local authority which, in accordance with a section 7 order, becomes a single tier council on the reorganisation date;
“predecessor council”, in relation to a section 7 order, means a county or district council for whose winding up and dissolution the order provides;
“relevant instrument” means a statutory instrument made under the Act or, in connection with the Act or such an instrument, under any other Act, and includes these Regulations;
“the reorganisation date”, in relation to a predecessor council and a section 7 order, means the date specified in the order as that on which the council is to be wound up and dissolved;
“section 7 order” means an order under section 7 of the Act (implementation of proposals by order);
“single tier council” means the county or district council which, on the reorganisation date, becomes the principal authority for an area for which there is a single tier of local government ; and
“successor council” —
in relation to a predecessor council whose entire area becomes part of the area of a sole single tier council on the reorganisation date, means that council;
in relation to a predecessor council whose area becomes the area of more than one single tier council on the reorganisation date, means those councils,
but this is subject to paragraph (2).
2
Where, as regards any period —
a
which, for the purposes of the section 7 order relevant to a predecessor council, is a shadow period or part of a transitional period before the reorganisation date, and
b
during which a provision of these Regulations requires or authorises steps to be taken by a successor council,
the definition of “successor council” shall have effect as if, for “that council” and “those councils”, there were substituted —
i
as regards a shadow period, “the shadow authority”;
ii
as regards part of a transitional period before the reorganisation date, “the preparing council”.
3
Any reference in these Regulations to rights or liabilities of a predecessor council includes a reference to rights or liabilities acquired or incurred by any predecessor in title of that council.
Information for facilitating implementation of Regulations
3
1
This regulation has effect for the purpose of facilitating the implementation of these Regulations.
2
A predecessor council shall supply to the successor council —
a
details of every relevant contract;
b
details of every relevant action or proceeding; and
c
such other information relating to the predecessor council’s property, rights or liabilities as the successor council may reasonably request.
3
Those details and that information shall be provided —
a
where paragraph (4) applies, not later than the day before the reorganisation date;
b
in any other case, as soon as practicable and not later than the end of the relevant period.
4
This paragraph applies where the predecessor council and the successor council agree that —
a
details of —
i
a relevant contract entered into before the beginning of the preliminary period; or
ii
a relevant action or proceeding arising before the beginning of the preliminary period, or
b
such other information relating to the predecessor council’s property, rights or liabilities as may be specified (whether generally or by reference to a particular class or description),
do not need to be provided by the end of the relevant period.
5
A person authorised in that behalf by the successor council shall be entitled, at any reasonable time before the reorganisation date, on producing, if so required, evidence of his authority —
a
to inspect any record belonging to or under the control of the predecessor council which relates to any relevant contract, action or proceeding or any property, rights or liabilities mentioned in paragraph (2); and
b
to take, or be supplied with, a copy of any such record or part of it.
6
The rights conferred by paragraph (5) include the right to require any record which is not in legible form to be made available in legible form for the purposes of inspection or copying or being supplied with copies.
7
In this regulation —
“the preliminary period” means the period beginning on the date on which the section 7 order relevant to the predecessor council comes into force and ending on the reorganisation date;
“record” includes material in whatever form or medium which conveys or is capable of conveying information;
“relevant action or proceeding”, means an action or proceeding —
to which a predecessor council is a party; and
which, in that council’s opinion, is unlikely to have been determined or settled before the reorganisation date;
“relevant contract” means a contract entered into by a predecessor council the period of which extends, or may, under the terms of the contract, be extended, beyond the reorganisation date; and
“relevant period” —
as regards details referred to in paragraph (2)(a) and (b), means —
where the relevant action or proceeding arises, or the relevant contract is entered into, before the date on which the preliminary period begins, the period beginning on that date and ending six months before the reorganisation date;
where the relevant action or proceeding arises, or the relevant contract is entered into on or after the date on which the preliminary period begins, the period beginning on the date on which the action or proceeding arises or the contract is entered into and ending on whichever is the earlier of the reorganisation date and the date that falls four months after that on which the action or proceeding arose or the contract was entered into;
as regards information referred to in paragraph (2)(c), means —
where the request is made at least six weeks before the reorganisation date, the period of six weeks beginning with the date of the making of the request; and
where the request is made within six weeks of the reorganisation date, the period beginning with the date of the making of the request and ending on the day before the reorganisation date.
PART 2 TRANSFER OF FUNCTIONS
Transfer of functions to sole single tier council
4
If a section 7 order provides for —
a
the winding up and dissolution of two or more predecessor councils; and
b
the establishment of a single tier of local government for an area which consists of the entirety of the areas of both or all of the predecessor councils,
the functions of the predecessor councils shall on the reorganisation date become functions of the single tier council.
Transfer of functions to more than one single tier council
5
1
If a section 7 order provides for —
a
the winding up and dissolution of two or more predecessor councils; and
b
the establishment, for the area of at least one of those councils, of more than one area for which there is a single tier of local government,
the functions of the predecessor councils shall on the reorganisation date become functions of both or, as the case may be, all of the successor councils, and exercisable by each of them independently of the other or others, but this is subject to paragraph (2).
2
Functions exercisable by a predecessor council under any local Act in respect of an area that constitutes the area, or part of the area, of only one of the successor councils, shall on the reorganisation date become functions of that council only.
PART 3 TRANSFER OF PROPERTY, RIGHTS AND LIABILITIES
Interpretation and application of Part 3
6
1
In this Part —
“associated property”, in relation to any land of a predecessor council, means —
property in or on the land which is used or intended to be used by the council exclusively for the discharge of functions on the land;
property which is so used or intended to be so used and which is kept elsewhere when not in use;
investments or cash which relate exclusively to the land; and
records which relate exclusively to the land;
“contract” includes any enforceable undertaking;
“financial reserves”, in relation to a predecessor council and any successor council, means —
the total of such amounts of a description contained in section 41(3)(b) of the Local Government and Housing Act 1989 (expenditure to be charged to revenue account) as have at any time been charged to a revenue account of the predecessor council, to the extent that those amounts have not been applied before the reorganisation date; and
the total of the amount of the predecessor council’s capital receipts, as defined for the purposes of Chapter 1 of the Local Government Act 2003 (capital finance etc and accounts), as have not been applied before the reorganisation date —
to meet expenditure incurred for capital purposes; or
as provision to meet credit liabilities; and
“investment” does not include any land held as an investment.
2
Regulations 9 to 13 do not apply where regulation 7 applies.
Transfers where only one successor council
7
If a section 7 order provides for —
a
the winding up and dissolution of two or more predecessor councils; and
b
the establishment of a single tier of local government for an area which consists of the entirety of the areas of both or all of the predecessor councils,
all property, rights and liabilities of the predecessor councils shall on the reorganisation date vest in, and transfer to, the successor council.
Transfers where more than one successor council
8
1
Where there is more than one successor council in relation to a predecessor council —
a
regulation 9 shall have effect as regards the transfer of property which, immediately before the reorganisation date, is held by the predecessor council, as sole trustee, exclusively for charitable purposes; and
b
regulation 10 shall have effect as regards the transfer of property consisting of financial reserves held by the predecessor council immediately before the reorganisation date.
2
Regulations 11 to 13 shall have effect as regards the transfer of other property and rights and liabilities of a predecessor council in relation to which there is more than one successor council, but this is subject to paragraphs (3) and (4) and regulation 9(4).
3
The following provisions of this Part do not apply with respect to so much of a predecessor council’s property, rights or liabilities as is the subject of a default award made before the reorganisation date
4
Regulation 13 shall apply with respect to so much of a predecessor council’s property, rights or liabilities as is a disputed matter within the meaning of section 16(3) of the Act only until the matter is the subject of a default award.
Property held exclusively for charitable purposes
9
1
If the property is held for the benefit of, or of the inhabitants of, or of any particular class or body of persons in, a specified area, the property shall vest on the reorganisation date (on the same trusts) in the successor council whose area comprises the whole or the greater part of the specified area.
2
If the property is not held as mentioned in paragraph (1), the property shall vest on the reorganisation date (on the same trusts) in the successor council whose area comprises an area which, immediately before that date, is the whole or the greater part of the predecessor council’s area.
3
Property which is not vested in a successor council by virtue of paragraph (1) or (2) shall vest on the reorganisation date (on the same trusts) in such one of the successor councils as may be agreed between them not later than three months before that date or, failing such agreement, in such successor council as the Charity Commissioners shall determine.
4
Any rights and liabilities of a predecessor council in respect of property to which any of paragraphs (1) to (3) applies shall, on the reorganisation date, vest in the successor council in which the property is vested.
5
Where, immediately before the reorganisation date, any power with respect to a relevant charity is, under the trusts of the charity or by virtue of any enactment, vested in, or in the holder of, an office connected with a predecessor council, that power shall, on that date, vest in, or in the holder of the corresponding office connected with, or (if there is no such office) the proper officer of, the successor council in which the property of the charity would have vested under any of paragraphs (1) to (3) if that property had been property held by the predecessor council, as sole trustee, exclusively for charitable purposes.
6
References in paragraph (5) to a power with respect to a relevant charity do not include references to a power of any person by virtue of being a charity trustee of the charity; but where, under the trusts of the charity, the charity trustees immediately before the reorganisation date include a predecessor council or the holder of an office connected with a predecessor council, those trustees shall instead include the successor council in which the property of the charity would have vested as mentioned in paragraph (5) or, as the case may be, the holder of the corresponding office connected with, or (if there is no such office) the proper officer of, that successor council.
7
Nothing in this regulation shall affect any power of Her Majesty, the court or any other person to alter the trusts of any charity.
8
In this regulation —
“charitable purposes” and “charity” have the same meanings as in the Charities Act 2006 ;
“charity trustees”, “company”, “the court” and “trusts” have the same meanings as in the Charities Act 1993 ;
“proper officer” has the same meaning as in the Local Government Act 1972 ; and
“relevant charity” means a charity other than a charity which is incorporated by charter or a company.
Property consisting of financial reserves
10
1
On the reorganisation date the financial reserves shall vest in the successor council nominated by the Secretary of State for the purposes of this regulation (the “nominated council”) on trust for itself and the other successor councils concerned.
2
Within three months of the reorganisation date, or such longer period as may be agreed between the successor councils concerned before the end of that three-month period, the nominated council shall divide the financial reserves between itself and the other successor councils concerned in such proportion as may be agreed by all the successor councils concerned or, failing such agreement, as is determined by such person as the Secretary of State shall appoint.
3
The nominated council shall, as soon as practicable after the other successor councils’ shares have been agreed or determined, transfer the shares so agreed or determined; and the trust created by paragraph (1) shall cease as soon as the transfer has been completed.
4
In this regulation “the successor councils concerned” means those councils that are the successor councils to the predecessor council to which the financial reserves relate.
Agreements in relation to property, etc: supplementary provision
11
1
This regulation applies in relation to —
a
property which is not associated property or relevant shares;
b
property which is land;
c
rights or liabilities in respect of such property; and
d
rights or liabilities in respect of money borrowed by a predecessor council.
2
The successor councils shall use their best endeavours to secure that, subject to paragraph (3), an agreement provides —
a
for property of the description in paragraph (1)(a), to transfer to one (and only one) of the successor councils;
b
for property which is land and has been identified as surplus to the requirements of both or all of the successor councils for the purposes of, or in connection with, the exercise of functions on and after the reorganisation date, to be disposed of; and
c
for the distribution among the successor councils of receipts from the disposal of property referred to in sub-paragraph (b).
3
An agreement shall not specify different successor councils in relation to —
a
any property identified in the agreement which forms part of a relevant collection; or
b
any rights or liabilities exclusively in respect of any such property,
and, for these purposes, “relevant collection” means —
i
any collection of archives or other records of general or local interest held as such by a predecessor council; or
ii
any collection of a museum or gallery provided or maintained by a predecessor council.
4
In paragraph (1)(a) “relevant shares” means shares held in a company which is under the control of a local authority within the meaning of section 68 of the Local Government and Housing Act 1989 Act (but with the omission from subsection (1) of that section of the words “unless the Secretary of State otherwise directs”); and “share” has the same meaning as in the Companies Act 1985 .
Vesting of property, etc to which agreements relate
12
1
Subject to paragraph (2) —
a
property, rights and liabilities of a predecessor council which are identified in an agreement as for transfer on the reorganisation date to only one of the successor councils shall, on that date, vest in and transfer to that council; and
b
property, rights and liabilities of a predecessor council which are identified in an agreement as for transfer on the reorganisation date to two or more successor councils shall, on that date, vest in and transfer to those councils —
i
where the property consists of land, as joint tenants; and
ii
in any other case, jointly and severally.
2
Where —
a
land of a predecessor council vests in a successor council by virtue of paragraph (1), and
b
any associated property in relation to the land does not vest in that council by virtue of that paragraph,
the associated property shall, on the reorganisation date, vest in the successor council in which the land is vested, notwithstanding any agreement to the contrary.
Transfers to caretaker councils
13
1
Where —
a
there are two or more successor councils in relation to a predecessor council, and
b
on the date that falls three months before the reorganisation date, there is no agreement between them as to the transfer of particular property, rights or liabilities of the predecessor council (“residual matters”),
the Secretary of State shall nominate such one or more of the successor councils, as the Secretary of State thinks fit, as the council or councils to which, subject to paragraphs (2) and (3), residual matters shall transfer on the reorganisation date (a “caretaker council”).
2
The Secretary of State’s nomination of more than one council as a caretaker council shall also specify the particular residual matters or the class or description of residual matters that are to transfer to a particular caretaker council.
3
The successor councils shall use their best endeavours to reach agreement before the reorganisation date as to the transfer of residual matters; and, where an agreement has been made in respect of any residual matter —
a
the property, rights or liabilities to which the agreement relates shall on that date vest and transfer in accordance with regulation 12(1); and
b
the Secretary of State’s nomination and specification shall cease to have effect as regards the residual matters to which the agreement relates.
4
Any residual matter for whose transfer there is no agreement between the successor councils immediately before the reorganisation date shall, on that date, in accordance with the Secretary of State’s nomination and specification, transfer to, and vest in, the caretaker council on trust for itself and the other successor councils.
5
References in paragraphs (1)(b) and (4) to there being no agreement between successor councils include references to a disputed matter within the meaning of section 16(3) of the Act .
PART 4 MATTERS SUPPLEMENTARY TO TRANSFER OF PROPERTY, RIGHTS AND LIABILITIES
Disposal of surplus land
14
1
A successor council (including any caretaker council), in which any surplus land is vested on the reorganisation date (“the custodian council”) —
a
shall use its best endeavours to secure that the land is disposed of as soon as is reasonably practicable; and
b
shall not, except with the consent of the Secretary of State, dispose of it for a consideration which is less than the best that can reasonably be obtained.
2
The custodian council shall, as soon as is reasonably practicable after a disposal under paragraph (1) —
a
deduct the amount of any relevant expenditure from the amount received in respect of the disposal (“the disposal receipt”); and
b
if the amount found after that deduction is a positive amount, distribute that amount in such proportions as may be agreed between the successor councils concerned or, failing such agreement, as may be determined by a person appointed by the Secretary of State.
3
Where the whole of a custodian council’s relevant expenditure is not met as mentioned in paragraph (2), that council may recover an amount equal to the relevant proportion of any relevant expenditure which is not so met from any other successor council concerned.
4
For the purposes of paragraph (3), the relevant proportion means such proportion as the successor councils concerned may agree, or failing such agreement, as may be determined by a person appointed by the Secretary of State.
5
In this regulation —
“relevant expenditure” means a sum equal to the amount by which the total of expenditure properly incurred by the custodian council in connection with the management or disposal of surplus land exceeds the total of monies (other than the disposal receipt) received by that council in respect of the land;
“the successor councils concerned”, in relation to any land, means those councils that are the successor councils to the predecessor council in which the land was vested before the reorganisation date; and
“surplus land” means any land that has been identified by the successor councils concerned as surplus to their requirements.
Caretaker and nominated councils: recovery of expenditure and distribution of surpluses
15
1
A council which, under any provision of a relevant instrument, is a caretaker council or a nominated council, may recover from the other successor councils concerned such proportion of any eligible expenditure as may be agreed between them or, failing such agreement, as may be determined by a person appointed by the Secretary of State.
2
Where the total of any sums received by the caretaker council or the nominated council (as the case may be) in any financial year in carrying out its functions as such exceeds the amount of any eligible expenditure in respect of that year, the caretaker council or the nominated council shall, as soon as is reasonably practicable after the end of that year, pay to each other successor council such proportion of the excess as may be agreed between them or, failing such agreement, as may be determined by a person appointed by the Secretary of State.
3
In this regulation “eligible expenditure”, in relation to a caretaker council or a nominated council (as the case may be) and a year, means the difference between —
a
an amount equal to the expenditure properly incurred by the caretaker council or the nominated council in that year in carrying out any of its functions as such for the meeting of which provision is not otherwise made in a relevant instrument; and
b
an amount equal to the total of any interest or other sums —
i
where the council is a nominated council, received by that council in connection with the management of financial reserves transferred to it under regulation 10;
ii
where the council is a caretaker council, received by that council with respect to investments vested in it by virtue of regulation 13(4).
Rights of access to records
16
1
Where —
a
records of a predecessor council are vested by virtue of these Regulations or any other relevant instrument in any body; and
b
the records relate to —
i
property, rights or liabilities which are vested by virtue of these Regulations in another body; or
ii
any function which is exercisable, on and after the reorganisation date, by such other body,
that other body shall be entitled during normal office hours, through any person authorised in that behalf, to inspect those records and to take, or be supplied with, copies of those records or of any part of them.
2
The rights conferred by paragraph (1) include the right to require any record which is not in legible form to be made available in legible form for the purposes of inspection or copying or being supplied with copies.
PART 5 DISPUTES
Disputes
17
1
Any question as to the interpretation or application of any provision of these Regulations may be determined —
a
in the case of a question as to the interpretation or application of regulation 9, by the Charity Commissioners; and
b
in any other case, by a person agreed on by the parties concerned or, failing their agreement, appointed by the Secretary of State.
2
Subject to paragraph (3), where any question as to the interpretation or application of any provision of these Regulations which relates to the vesting of any property, or the transfer of rights or liabilities, is referred for determination under paragraph (1) before the end of the period of 12 months beginning on the reorganisation date —
a
the provision of these Regulations which is in question shall not have, or shall cease to have, effect for the purposes of the vesting of the property, or the transfer of the rights or liabilities concerned; and
b
pending the determination of the question, the property, rights or liabilities concerned shall vest in, or transfer to, the caretaker council on trust for itself and the other successor councils.
3
Where the question referred for determination relates to —
a
property vested in a nominated council under regulation 10; or
b
property vested in, or rights or liabilities transferred to, a caretaker council under regulation 13(4),
the property, rights or liabilities shall continue in the possession of that council pending the determination of the question.
4
The determination may make any provision that might be contained in an agreement.
5
Where a determination provides for the transfer to only one successor council of any property, rights or liabilities or, in the case of rights or liabilities, to two or more successor councils jointly and severally —
a
the property, rights or liabilities concerned shall, by virtue of the determination, vest in, or transfer to, the council specified in the determination or, as the case may be, jointly and severally in the councils so specified; and
b
the provision of these Regulations which would have applied to the property, rights or liabilities if the vesting or transfer had been effected by that provision shall apply to the property, rights or liabilities.
Signed by authority of the Secretary of State for Communities and Local Government
Parmjit Dhanda
Parliamentary Under Secretary of State
Department for Communities and Local Government
14th August 2008


text:
Citation and commencement
1
This Order may be cited as the Guardian’s Allowance Up-rating Order 2008 and shall come into force on 7th April 2008.
Amendment of Schedule 4 to the Social Security Contributions and Benefits Act 1992
2
In paragraph 5 of Part 3 of Schedule 4 to the Social Security Contributions and Benefits Act 1992 (amount of guardian’s allowance) for “£12.95” substitute “£13.45”.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
26th March 2008