text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Pupil Information) (England) (Amendment) Regulations 2008 and come into force on 1st September 2008.
2
These Regulations apply to schools in England.
Amendment of the Education (Pupil Information) (England) Regulations 2005
2
The Education (Pupil Information) (England) Regulations 2005 are amended as follows.
3
In regulation 2 (interpretation) —
a
after the definition of “the 2002 Act” insert —
“the 2004 document ” means the document entitled “Assessment and Reporting Arrangements” published by the Qualifications and Curriculum Authority for the Foundation Stage and Key Stage 1 in 2004;
“assessment”, in relation to a pupil’s P Levels of attainment or performance against the P Level attainment targets means an assessment carried out in accordance with any document for the time being in force containing provisions relating to assessment arrangements which has effect by virtue of orders made under section 87(3)(c) and (11) of the 2002 Act;
;
b
in the definition of “the associated documents” before the words “published by the Department for Education and Skills” insert “other than the P Level Document”;
c
after the definition of “maintained school” insert —
“management committee”, in relation to a pupil referral unit, means the management committee for that unit established pursuant to the Education (Pupil Referral Units) (Management Committees etc. ) Regulations 2007 ;
;
d
after the definition of “NC test tiers” insert —
“P Levels of attainment” means, for those pupils with special educational needs who are working below level 1 of the NC levels of attainment, the National Curriculum levels of attainment below level 1 described in the P Level Document;
“P Level attainment targets” means, for those pupils with special educational needs who are working below level 1 of the NC levels of attainment, the National Curriculum attainment targets specified in the P Level Document;
“P Level Document” means the document published from time to time by the Qualifications and Curriculum Authority which —
describes, in relation to pupils with special educational needs who are working below level 1 of the NC levels of attainment, the levels of attainment below level 1 for each of the core and foundation subjects, and
specifies, in relation to such pupils, the attainment targets which have effect by virtue of an Order made under section 87(3)(a) of the 2002 Act ;
;
e
in paragraph (b) of the definition of “responsible person” after “any other school” insert “(or, where the school is a pupil referral unit, the management committee)”;
f
after the definition of responsible person insert —
“special educational needs” is to be interpreted in accordance with section 312 of the Education Act 1996 ;
;
g
after the definition of “unauthorised absence”, insert —
“unique learner number”, in relation to a registered pupil at a school, means the specific combination of numbers allocated to the pupil by the Learning and Skills Council as that pupil’s unique learner number;
.
4
In regulation 6 (head teacher’s annual report to parents and adult pupils) —
a
in paragraph (2) for “paragraphs (3) and (6)” substitute “paragraphs (3), (3A) and (6)”;
b
after paragraph (3) insert the following paragraph —
3A
Where the school is a pupil referral unit the head teacher shall only prepare the report referred to in paragraph (2) in respect of a registered pupil in the school year in which the pupil ceases to be of compulsory school age.
;
c
in paragraph (4) for “paragraph (5)” substitute “paragraphs (4A) and (5)”;
d
after paragraph (4) insert the following paragraph —
4A
Where the school is a pupil referral unit the head teacher’s report shall only include the information specified in paragraph 1 of Schedule 1.
.
5
In regulation 9 (transfer of information when a pupil changes school) —
a
for paragraph (1) substitute the following paragraph —
1
In this regulation —
a
“common transfer file” means a record of the information set out in Schedule 2, and
b
“governing body” means, in relation to a pupil referral unit, the management committee.
;
b
in paragraph (3) for “maintained school” substitute “school maintained by a local education authority”;
c
after paragraph (3) insert the following paragraphs —
3A
Paragraph (3B) applies where a pupil becomes registered at a school maintained by a local education authority (“the second school”) and remains registered at another such school (“the first school”).
3B
Subject to paragraph (8), the governing body of the first school or, where this has been agreed between that governing body and the local education authority which maintains the first school, that authority shall send a copy of the pupil’s common transfer file and educational record to the responsible person of the second school no later than fifteen school days after the date on which the head teacher of the first school learned of the second registration.
;
d
in paragraph (4) after “the new school” insert “or, as the case may be, the first school or the second school”;
e
in paragraph (8) —
i
for “maintained school” substitute “school maintained by a local education authority”;
ii
for “paragraph (3)” substitute “paragraph (3) or (3B)”;
f
in paragraph (10) —
i
after “old school” insert “or first school”;
ii
after “old school’s” insert “or first school’s”.
6
In Schedule 1 (information to be included in the head teacher’s annual report) —
a
renumber paragraph 2 as sub-paragraph 2(1);
b
in sub-paragraph 2(1) as renumbered, before the words “The following information” insert “Subject to sub-paragraphs (2) and (3)”;
c
after sub-paragraph 2(1) insert —
2
Where a pupil with special educational needs is working below level 1 of the NC levels of attainment in a core subject (“the relevant subject”) at the first or second key stage the following information must be included in the report at the end of that key stage —
a
where the relevant subject is English, the assessment of the pupil’s P Level of attainment in English or, where the pupil is working at level 4 or above of the P Levels of attainment, the assessment of his performance against each of the P Level attainment targets specified in the P Level Document in relation to English under the headings “Speaking”, “Listening”, “Reading” and “Writing”;
b
where the relevant subject is Mathematics, the assessment of the pupil’s P Level of attainment in Mathematics or, where the pupil is working at level 4 or above of the P Levels of attainment, the assessment of his performance against each of the P Level attainment targets specified in the P Level Document in relation to Mathematics under the headings “Using and applying mathematics”, “Number” and “Shape, space and measures;
c
where the relevant subject is Science, the assessment of the pupil’s P Level of attainment in Science.
3
Where a pupil with special educational needs is working below level 1 of the NC levels of attainment in any foundation subject (“the relevant subject”) at the third key stage the following information must be included in the report at the end of that key stage —
a
where the relevant subject is English, the assessment of the pupil’s P Level of attainment in English or, where the pupil is working at level 4 or above of the P Levels of attainment, the assessment of his performance against each of the P Level attainment targets specified in the P Level Document in relation to English under the headings “Speaking”, “Listening”, “Reading” and “Writing”;
b
where the relevant subject is Mathematics, the assessment of the pupil’s P Level of attainment in Mathematics or, where the pupil is working at level 4 or above of the P Levels of attainment, the assessment of his performance against each of the P Level attainment targets specified in the P Level Document in relation to Mathematics under the headings “Using and applying mathematics”, “Number” and “Shape, space and measures”;
c
where the relevant subject is any other foundation subject, the assessment of the pupil’s P Level of attainment in the relevant subject.
.
7
In Schedule 2 (information forming part of the common transfer file) —
a
in paragraph 1 after sub-paragraph (a), insert —
aa
unique learner number, where known;
;
b
in paragraph 4 after “old school” insert “or first school”;
c
in paragraph 5 after “new school” insert “or second school”;
d
in paragraph 6 —
i
in sub-paragraph (1), for the words “achievements in education,” substitute “achievements in education which, subject to sub-paragraphs (2) and (3), are”;
ii
Paragraphs (g) and (h) of sub-paragraph (1) are omitted;
iii
for sub-paragraph (2) substitute —
2
Paragraph 6(1)(d) shall not apply to the results of the NC tasks and NC tests taken by pupils at the end of the first key stage —
a
where those pupils were not required to undertake those tasks and tests by virtue of their involvement in the Key Stage 1 assessment trial 2003/4 referred to in the 2004 document ; or
b
where those pupils were at the end of the first key stage in the school year 2004/5 and thereafter.
;
iv
after sub-paragraph (2) insert —
3
Where an assessment of a pupil’s P Level of attainment has been carried out in relation to a core subject at the first or second key stage, or a foundation subject at the third key stage, the pupil’s cumulative achievements in education in relation to that subject for the key stage are as follows —
a
where the subject is English, the assessment of the pupil’s P Level of attainment in English or, where the pupil is working at level 4 or above of the P Levels of attainment, the assessment of his performance against each of the P Level attainment targets specified in the P Level Document in relation to English under the headings “Speaking”, “Listening”, “Reading” and “Writing”;
b
where the subject is Mathematics, the assessment of the pupil’s P Level of attainment in Mathematics or, where the pupil is working at level 4 or above of the P Levels of attainment, the assessment of his performance against each of the P Level attainment targets specified in the P Level Document in relation to Mathematics under the headings “Using and applying mathematics”, “Number” and “Shape, space and measures”;
c
where the subject is Science, the assessment of the pupil’s P Level of attainment in Science;
d
where the subject is another foundation subject, the pupil’s P Level of attainment in that subject.
Andrew Adonis
Parliamentary Under Secretary of State
Department for Children, Schools and Families
3rd July 2008


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2008 and come into force on 1st April 2008.
Amendment of the 2007 Regulations
2
1
Regulation 6 (persons providing periodic training courses) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 is amended as follows.
2
In paragraph (1), for subparagraph (b) substitute —
b
for each course which he proposes to provide, a sum equal to £36 multiplied by the proposed duration of the course in hours and for this purpose part of an hour shall be treated as one hour.
.
3
After paragraph (1), add —
1A
The competent authority may waive the fee in paragraph (1) or (8) in whole or part if it thinks fit.
.
4
In paragraph (8), for “a fee of £250” substitute “the fee prescribed in paragraph (1)(b)”.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
Department for Transport
19th February 2008
We consent to the making of these Regulations
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
25th February 2008


text:
Citation
1
This Order may be cited as the Childcare Act 2006 (Commencement No. 4) Order 2008.
Provisions of the Childcare Act 2006 coming into force on 1st April 2008
2
The following provisions of the Childcare Act 2006 come into force on 1st April 2008 —
a
sections 1 (general duties of local authority in relation to well-being of young children) and 12 (duty to provide information, advice and assistance) in so far as they are not already in force;
b
sections 2 (meaning of “early childhood services” for purposes of section 3), 3 (specific duties of local authority in relation to early childhood services), 4 (duty of local authority and relevant partners to work together) and 6 (duty to secure sufficient childcare for working parents);
c
section 7 (duty to secure prescribed early years provision free of charge) for the purposes of making regulations.
Beverley Hughes
Minister of State
Department for Children, Schools and Families
19th March 2008


text:
Citation
1
This Order may be cited as the Finance Act 2006, Section 28 (Appointed Day) Order 2008.
Appointed day
2
The day appointed for the purposes of section 28 of the Finance Act 2006 (relief for research and development: subjects of clinical trials) is 1st August 2008.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
16th July 2008


text:
Citation and commencement
1
These Regulations may be cited as The Income Tax (Purchased Life Annuities) (Amendment) Regulations 2008 and come into force on 1st July 2008.
Amendment to Principal Regulations
2
1
The Income Tax (Purchased Life Annuities) Regulations 2008 (“the Principal Regulations”) are amended in accordance with this regulation.
2
For regulation 19(1)(d) of the Principal Regulations, substitute —
d
following —
i
the termination of the appointment of the insurer’s tax representative under regulation 14(4); or
ii
the occurrence of one of the events described in regulation 15(1),
to nominate another person as a tax representative in accordance with either regulation 14(6) or 15(2), as the case may be;
.
Mike Eland
Mike Hanson
Two of the Commissioners for Her Majesty’s Revenue and Customs
9th June 2008


text:
Citation, commencement and interpretation
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Code A) (No.2) Order 2008 and shall come into force on 1 January 2009.
2
In this Order “PACE Code A” means the Police and Criminal Evidence Act 1984 Code of Practice for the exercise by: police officers of statutory powers of stop and search; police officers and police staff of requirements to record public encounters.
Revision of PACE Code A
3
The revision of PACE Code A which is to be laid before Parliament on 10 December 2008 and which contains amendments to paragraphs 2.2, 2.3, 4 and the Notes for Guidance and the deletion of Annexes D and E of that Code shall come into operation on 1 January 2009.
Vernon Coaker
Minister of State
Home Office
8th December 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Mental Health (Conflicts of Interest) (England) Regulations 2008 and shall come into force on 3rd November 2008.
2
These Regulations apply in relation to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Mental Health Act 1983;
“ AMHP ” means an approved mental health professional;
“application” means an application mentioned in section 11(1) of the Act;
“assessor” means —
an AMHP, or
a registered medical practitioner.
General
3
Regulations 4 to 7 set out the circumstances in which there would be a potential conflict of interest within the meaning of section 12A(1) of the Act such that an AMHP shall not make an application or a registered medical practitioner shall not give a medical recommendation.
Potential conflict for financial reasons
4
1
An assessor shall have a potential conflict of interest for financial reasons if the assessor has a financial interest in the outcome of a decision whether or not to make an application or give a medical recommendation.
2
Where an application for the admission of the patient to a hospital which is a registered establishment is being considered, a registered medical practitioner who is on the staff of that hospital shall have a potential conflict of interest for financial reasons where the other medical recommendation is given by a registered medical practitioner who is also on the staff of that hospital.
Potential conflict of interest for business reasons
5
1
When considering making an application or considering giving a medical recommendation in respect of a patient, an assessor shall have a potential conflict of interest for business reasons if both the assessor and the patient or another assessor are closely involved in the same business venture, including being a partner, director, other office-holder or major shareholder of that venture.
2
Where the patient’s nearest relative is making an application, a registered medical practitioner who is considering giving a medical recommendation in respect of that patient shall have a potential conflict of interest for business reasons if that registered medical practitioner and the nearest relative are both closely involved in the same business venture, including being a partner, director, other office-holder or major shareholder of that venture.
Potential conflict of interest for professional reasons
6
1
When considering making an application or considering giving a medical recommendation in respect of a patient, an assessor shall have a potential conflict of interest for professional reasons if the assessor —
a
directs the work of, or employs, the patient or one of the other assessors making that consideration;
b
except where paragraph (3) applies, is a member of a team organised to work together for clinical purposes on a routine basis and —
i
the patient is a member of the same team, or
ii
the other two assessors are members of the same team.
2
Where the patient’s nearest relative is making an application, a registered medical practitioner who is considering giving a medical recommendation in respect of that patient shall have a potential conflict of interest for professional reasons if that registered medical practitioner —
a
directs the work of, or employs, the nearest relative, or
b
works under the direction of, or is employed by, the patient’s nearest relative.
3
Paragraph (1)(b) shall not prevent a registered medical practitioner giving a medical recommendation or an AMHP making an application if, in their opinion, it is of urgent necessity for an application to be made and a delay would involve serious risk to the health or safety of the patient or others.
Potential conflict of interest on the basis of a personal relationship
7
1
An assessor who is considering making an application or considering giving a medical recommendation in respect of a patient, shall have a potential conflict of interest on the basis of a personal relationship if that assessor is —
a
related to a relevant person in the first degree;
b
related to a relevant person in the second degree;
c
related to a relevant person as a half-sister or half-brother;
d
the spouse, ex-spouse, civil partner or ex-civil partner of a relevant person, or
e
living with a relevant person as if they were a spouse or a civil partner.
2
For the purposes of this regulation —
a
“relevant person” means another assessor, the patient, or, if the nearest relative is making the application, the nearest relative;
b
“related in the first degree” means as a parent, sister, brother, son or daughter and includes step relationships;
c
“related in the second degree” means as an uncle, aunt, grandparent, grandchild, first cousin, nephew, niece, parent-in-law, grandparent-in-law, grandchild-in-law, sister-in-law, brother-in-law, son-in-law or daughter-in-law and includes step relationships;
d
references to step relationships and in-laws in sub-paragraphs (b) and (c) are to be read in accordance with section 246 of the Civil Partnership Act 2004 .
Signed by authority of the Secretary of State for Health.
Ivan Lewis
Parliamentary Under-Secretary of State
Department of Health
28th April 2008


text:
Citation and commencement
1
This Order may be cited as the General Dental Council (Constitution) (Amendment) Order of Council 2008 and comes into force on 19th January 2009.
Amendment of article 4 of the General Dental Council (Constitution) Order of Council 2006
2
In article 4 of the General Dental Council (Constitution) Order of Council 2006 (tenure of office of members of the Council), for paragraph (2) substitute the following paragraph —
2
The term of office of a member —
a
whose term of office —
i
prior to the coming into force of the General Dental Council (Constitution) (Amendment) Order of Council 2007 , would have expired at the end of 9th April 2008, and
ii
thereafter but prior to the coming into force of this paragraph, would have expired at the end of 9th April 2009; or
b
appointed on or after 9th April 2008 whose term of office, prior to the coming into force of this paragraph, would have expired at the end of 9th April 2009,
shall expire at the end of 9th October 2009.
Judith Simpson
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Canon Sharples Church of England Primary School and Nursery (Designation as having a Religious Character) Order 2008.
Designation of School
2
1
The Canon Sharples Church of England Primary School and Nursery, Whelley, Wigan, Lancashire, WN2 1BP, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
J D Loosley
A Deputy Director in the
Department for Children, Schools and Families
30th July 2008


text:
Citation and Commencement
1
These Regulations may be cited as the Air Navigation (Dangerous Goods) (Amendment) (No. 2) Regulations 2008 and come into force on 1st January 2009.
Amendment of Air Navigation (Dangerous Goods) Regulations 2002
2
The Air Navigation (Dangerous Goods) Regulations 2002 are amended by substituting for the definition of “Technical Instructions” in Regulation 3(1) —
‘Technical Instructions’ means the 2009–2010 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air, approved and published by decision of the Council of the International Civil Aviation Organisation;
.
Signed by authority of the
Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under-Secretary of State
Department for Transport
11th September 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Capital Finance and Accounting) (England) (Amendment) Regulations 2008 and shall come into force on 31st March 2008.
2
These Regulations apply in relation to local authorities in England only.
Amendments
2
The Local Authorities (Capital Finance and Accounting) (England) Regulations 2003 are amended as specified in regulations 3 to 6.
Capital Receipts
3
After regulation 7 insert —
Loan capital
7A
1
Subject to paragraph (2), for the purposes of Chapter 1 of Part 1, a sum received by a local authority on or after 1st April 2008 in respect of the redemption on maturity of a bond held by it which, apart from this regulation, would not be a capital receipt, shall be treated as a capital receipt.
2
Paragraph (1) applies only if at the time of redemption expenditure on the acquisition of the bond would be treated as capital expenditure.
.
Revenue provision
4
1
For regulation 28 substitute —
Determination of minimum revenue provision
28
A local authority shall determine for the current financial year an amount of minimum revenue provision which it considers to be prudent.
;
2
For regulation 29 substitute —
Past deficiencies in minimum revenue provision
29
1
Where in any financial year beginning before 1st April 2007, the amount of minimum revenue provision charged by a local authority to a revenue account is less than the amount required for that year (whether by reason of an error in the calculation of that amount or otherwise) —
a
if the local authority has not made a charge to a revenue account on or after 1st April 2004 to correct the insufficient provision, the amount so charged shall be treated as correct and shall not be reconsidered in any circumstances; or
b
if the local authority has made a charge to a revenue account on or after 1st April 2004 to correct the insufficient provision, the local authority may, in a financial year beginning before 1st April 2010, record in a revenue account a credit no greater in value than the amount of that charge.
2
Any local authority which treats any amount as correct under paragraph (1)(a) shall include a note to that effect in its statement of accounts for a financial year ending no later than 31st March 2010.
3
Any local authority which records a credit in a revenue account under paragraph (1)(b) shall include a note to that effect in its statement of accounts for the year in which the credit is recorded.
4
In this regulation, “minimum revenue provision” —
a
in relation to financial years beginning before 1st April 2004, has the same meaning as was given in relation to those years in section 63(1) of the Local Government and Housing Act 1989 prior to its repeal; and
b
in relation to subsequent financial years, has the meaning given in regulation 27.
.
Early repayment of loans – premiums and discounts after 31st March 2007
5
In regulation 30C —
a
for paragraph (1)(b) substitute —
b
as a consequence of such early repayment —
i
the authority is required to pay a premium to the lender of the loan or is required, in accordance with proper practices, to account for an amount in respect of a premium as if it were required to pay such a premium; or
ii
the lender of the loan gives the authority a discount on the loan or the authority is required, in accordance with proper practices, to account for an amount in respect of a discount as if the lender had given the authority such a discount; and
;
b
in paragraph (6) for the words after “consecutively);” substitute —
“initial year” means the financial year in which the loan is repaid; and
“replacement loan” means any loan of money to the local authority some or all of which the authority treats, for accounting purposes, as a replacement for some or all of the loan referred to in sub-paragraph (a) of paragraph (1).
.
Loans and guarantees
6
After regulation 30D insert —
Interest on stepped interest rate loans taken out by local authorities
30E
1
This regulation applies where on any day before 9th November 2007 a local authority had taken out a stepped interest rate loan.
2
The local authority shall charge to a revenue account for each financial year beginning with the financial year ending on 31st March 2008 and ending with the last financial year in which the loan agreement subsists —
a
the amount of the interest, if any, which it is due to pay in that financial year in accordance with the loan agreement; or
b
an amount calculated in accordance with the accounting practices identified in regulation 31.
3
In this regulation, “stepped interest rate loan” means a loan taken out by a local authority at an interest rate which increases in one or more increments during the period for which the loan agreement subsists.
Financial guarantees given by local authorities
30F
1
This regulation applies where on any day before 9th November 2007 a local authority had given a financial guarantee on behalf of another person.
2
The amount the local authority charges to a revenue account with respect to the guarantee for each financial year beginning with the financial year ending on 31st March 2008 and ending with the last financial year in which the risk guaranteed subsists shall be calculated either —
a
in accordance with proper practices for the financial year beginning on 1st April 2006; or
b
in accordance with the accounting practices identified in regulation 31.
.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
18th February 2008


text:
Citation and commencement
1
These Regulations may be cited as the Police (Retention and Disposal of Motor Vehicles) (Amendment) Regulations 2008 and shall come into force on 1st October 2008.
Amendment of the Police (Retention and Disposal of Motor Vehicles) Regulations 2002
2
1
Subject to paragraph (2), the Police (Retention and Disposal of Motor Vehicles) Regulations 2002 shall be amended in accordance with the following regulations.
2
In relation to vehicles removed prior to 1 October 2008, nothing in these Regulations shall have effect and the provisions mentioned in paragraph (1) shall continue to have effect.
3
In regulation 2 the following definitions are inserted in the appropriate alphabetical place —
“laden” means that the vehicle is carrying a load;
“load” means anything other than —
the body and all parts of the vehicle which are necessary to or ordinarily used with the vehicle when working on a road;
any water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle;
the driver, any passengers and their personal effects;
a crane, works truck as defined in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 , or other special appliance or apparatus which is a permanent or essentially permanent fixture of the vehicle; and
any containers or other equipment intended or adapted for the purpose of holding or carrying a load by the vehicle;
“ MAM ” means maximum authorised mass as defined in regulation 3(1) of the Motor Vehicles (Driving Licences) Regulations 1999 ;
“off road” means that no part of the vehicle is in contact with the road;
“on road” means that any part of the vehicle is in contact with the road;
“road” means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes;
“substantially damaged” means such damage to a vehicle that in the reasonable opinion of a constable it cannot be driven safely on the road;
“two wheeled vehicle” means a mechanically propelled vehicle constructed or adapted to have two wheels or less and the MAM of which does not exceed 3.5 tonnes;
“unladen” means that the vehicle is not carrying a load;
.
4
For regulation 6 substitute —
6
1
The charge payable under regulation 5(1) shall be —
a
the amount payable for the removal of the vehicle as set out in paragraph (2); and
b
the amount payable for the retention of the vehicle as set out in paragraph (3).
2
The amount payable for the removal of the vehicle shall depend upon the condition of the vehicle, the type of vehicle and whether it is on road or off road as set out in column 1 of Table 1 and shall be the charge specified in relation to that vehicle in columns 2 to 5 of that Table, the particular charge to be determined by reference to the MAM of the vehicle as described in row 1 of that Table and, for vehicles exceeding 7.5 tonnes MAM and not falling within row 2, whether the vehicle is laden or unladen.
Table 1 – Regulation 6(2)
1 2 3 4 5 1 Vehicle position and condition Vehicle equal to or less than 3.5 tonnes MAM Vehicle exceeding 3.5 tonnes MAM but equal to or less than 7.5 tonnes MAM Vehicle exceeding 7.5 tonnes MAM but equal to or less than 18 MAM Vehicle exceeding 18 tonnes MAM
2 Vehicle on road, upright and not substantially damaged or any two wheeled vehicle whatever its condition or position on or off road £150 £200 £350 £350 3 Vehicle, excluding a two wheeled vehicle, on road but either not upright or substantially damaged or both £250 £650 Unladen–£2000
Unladen–£3000
Laden–£3000 Laden–£4500 4 Vehicle, excluding a two wheeled vehicle, off road, upright and not substantially damaged £200 £400 Unladen–£1000
Unladen–£1500
Laden–£1500 Laden–£2000 5 Vehicle, excluding a two wheeled vehicle, off road but either not upright or substantially damaged or both £300 £850 Unladen–£3000
Unladen–£4500
Laden–£4500 Laden–£6000
3
The amount payable for the retention of the vehicle, for each period of 24 hours or a part thereof during which the vehicle is in the custody of the authority, with regards to vehicles set out in row 1 of Table 2, shall be the charge specified in relation to those vehicles in row 2 of that Table.
Table 2 – Regulation 6(3)
1 2 3 4 5 1 Two wheeled vehicle Vehicle, not including a two wheeled vehicle, equal to or less than 3.5 tonnes MAM Vehicle exceeding 3.5 tonnes MAM but equal to or less than 7.5 tonnes MAM Vehicle exceeding 7.5 tonnes MAM but equal to or less than 18 tonnes MAM Vehicle exceeding 18 tonnes MAM
2 £10 £20 £25 £30 £35
4
For the purposes of this regulation, the MAM of a vehicle includes the MAM of any trailer attached to that vehicle.
5
For the purposes of paragraph (2), a vehicle will only be considered upright if all parts of the vehicle are upright.
6
For the purposes of paragraph (3), each period of 24 hours shall be reckoned from noon on the first day after removal during which the place at which the vehicle is stored is open for the claiming of vehicles before noon.
.
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
28th July 2008


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2008.
2
These Regulations shall come into force on 6th April 2008.
3
In these Regulations, “the 1990 Regulations ” means the Planning (Listed Buildings and Conservation Areas) Regulations 1990 .
4
These Regulations apply in relation to England only.
Amendment of the Planning (Listed Buildings and Conservation Areas) Regulations 1990
2
1
The 1990 Regulations are amended as follows.
2
For regulation 3 substitute —
Applications for listed building consent or for conservation area consent
3
1
An application for listed building consent or conservation area consent shall —
a
subject to regulation 7, be made in writing to a local planning authority on a form published by the Secretary of State (or a form to substantially the same effect);
b
include the particulars specified or referred to in the form; and
c
be accompanied, whether electronically or otherwise, by —
i
such plans, drawings and information as are necessary to describe the works which are the subject of the application;
ii
except where the application is made by electronic communication or the local planning authority indicate that a lesser number is required, 3 copies of the form; and
iii
except where they are submitted by electronic communication or the local planning authority indicate that a lesser number is required, 3 copies of any plans, drawings or information accompanying the application pursuant to paragraph (i).
2
Any plans or drawings required to be provided by paragraph (1)(c)(i) shall be drawn to an identified scale and, in the case of plans, shall show the direction of North.
3
When the local planning authority with whom the application has to be lodged receive —
a
an application which complies with the requirements of paragraph (1);
b
the certificate required by regulation 6;
c
in a case to which regulation 3A applies, the design and access statement; and
d
subject to paragraph (4), the particulars required by the authority under section 10(2)(c) of the Act (making applications for listed building consent),
the authority shall, as soon as is reasonably practicable, send to the applicant an acknowledgement in the terms (or substantially in the terms) set out in Part 1 of Schedule 1.
4
Paragraph (3)(d) only applies if —
a
before the application is made the local planning authority publish, for the purposes of paragraph (8), a list of requirements on their website; and
b
the particulars that the authority require to be included in the application fall within that list.
5
Where, after sending an acknowledgement as required by paragraph (3), the local planning authority form the opinion that the application is invalid they shall, as soon as is reasonably practicable, notify the applicant that the application is invalid.
6
Where a valid application has been received, the local planning authority shall give the applicant written notice of their decision within the period of eight weeks beginning with the day immediately following that on which the application is received or, except where the applicant has already given notice of appeal to the Secretary of State, within such other period as may at any time be agreed in writing between the applicant and the authority.
7
Every such notice of decision or reference to the Secretary of State shall be in writing; and where the local planning authority decide to grant listed building consent or conservation area consent subject to conditions or to refuse it, the notice shall state the reasons for the decision and shall be accompanied by a notification in the terms (or substantially in the terms) set out in Part 2 of Schedule 1.
8
In this regulation “valid application” means an application which complies with the requirements of paragraph (1) and —
a
subject to paragraph (8A), contains the particulars required by the authority under section 10(2)(c) of the Act (making of applications for listed building consent);
b
is accompanied by the certificate required by regulation 6; and
c
in a case to which regulation 3A applies, is accompanied by the design and access statement,
and a valid application shall be taken to have been received when the application, and all of the documents or particulars referred to above, have been lodged with the local planning authority.
8A
Paragraph 8(a) only applies if —
a
before the application is made the local planning authority publish, for the purposes of paragraph (8), a list of requirements on their website; and
b
the particulars that the authority require to be included in the application fall within that list.
3
In regulation 4 (applications to vary or discharge conditions attached to a listed building consent or conservation area consent) —
a
in paragraph (1) for the words from “on a form” to the end substitute “in accordance with regulation 3(1).”; and
b
in paragraph (2) —
i
for the words “Regulations 3(2) to 3(5)” substitute “Paragraphs (3) to (8A) of regulation 3”; and
ii
for the words “regulation 3(5)(a)” substitute “regulation 3(7)”.
4
In regulation 6 (certificate to accompany applications and appeals), in paragraph (6), for the words “set out in Part 1 of Schedule 2 hereto” substitute “published by the Secretary of State.”.
5
Subject to regulation 3(b) of these Regulations, Part 1 of Schedule 2 is revoked.
Transitional provisions
3
An application made after 5th April 2008 and before 6th May 2008, otherwise than by a local planning authority or an interested planning authority, may —
a
be made in writing on a form issued by the local planning authority and obtainable from that authority instead of on a form published by the Secretary of State;
b
be accompanied by a certificate for the purposes of regulation 6 in the forms set out in Part 1 of Schedule 2 to the 1990 Regulations instead of in a form published by the Secretary of State.
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
26th February 2008


text:
Citation and commencement
1
This Order may be cited as the Civil Enforcement of Parking Contraventions (County of Wiltshire) (District of West Wiltshire) Designation Order 2008 and shall come into force on 16th June 2008.
Designation of civil enforcement area and special enforcement area
2
The Secretary of State designates the area described in the Schedule as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
Signed by the authority of the Secretary of State
Minister of State
Department for Transport
21st May 2008


text:
PART 1 INTRODUCTION
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the School Finance (England) Regulations 2008 and come into force on 29th February 2008.
2
These Regulations apply in relation to the financial years beginning on 1st April 2008, 1st April 2009 and 1st April 2010.
3
These Regulations apply only in relation to England.
4
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2000 Act ” means the Learning and Skills Act 2000 ;
“the 2002 Act ” means the Education Act 2002 ;
“the 2005 Act ” means the Education Act 2005 ;
“the 2006 Act ” means the Education and Inspections Act 2006 ;
“the 2006 Regulations ” means the School Finance (England) Regulations 2006 ;
“admission number” means the number of pupils in any relevant age group intended to be admitted in any school year as determined by an admission authority in accordance with section 89A of the 1998 Act ;
“capital expenditure” means expenditure of a local authority which falls to be capitalised in accordance with proper practices, or expenditure treated as capital expenditure by virtue of any regulations or directions made under section 16 of the Local Government Act 2003 ;
“central expenditure” means the total amount deducted by a local education authority from their schools budget;
“ CERA ” means capital expenditure which an authority expect to charge to a revenue account of the authority within the meaning of section 22 of the Local Government Act 2003;
a “combined service” is a service funded partly from central expenditure, and partly from other budgets of the authority or contributions from other bodies;
“Dedicated Schools Grant” is a grant of that name paid to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“expenditure on the schools specific contingency” is central expenditure deducted for the purpose of ensuring that monies are available to enable increases in a school’s budget share after it has been allocated where it subsequently becomes apparent that —
a governing body has incurred expenditure which it would be unreasonable to expect them to meet from the school’s budget share,
an increase in the school’s budget share is due in accordance with the local education authority’s formula,
a determination or redetermination of the school’s budget share authorised by the schools forum or the Secretary of State has led to such an increase, or
such an increase is necessary for the purpose of correction of errors, and where such circumstances were unforeseen when initially determining the school’s budget share;
“funding period 1” is the financial year beginning on 1st April 2008;
“funding period 2” is the financial year beginning on 1st April 2009;
“funding period 3” is the financial year beginning on 1st April 2010;
“gifted and talented pupils” means pupils in primary or secondary schools identified as such by a local education authority by virtue of the fact that they are demonstrating, or have the potential to develop, ability in one or more subjects, leadership skills, or organisational skills at a level significantly ahead of other children in their year group;
“key stage 4” means the fourth key stage of the National Curriculum for England comprising the requirements and entitlements described in sections 85 and 85A of the 2002 Act ;
a “local education authority’s formula” has the meaning in regulation 9;
“ LSC ” is the Learning and Skills Council for England ;
a reference (however framed) to a maintained nursery school, a community, foundation or voluntary school or a community or foundation special school includes a proposed school which, on implementation of proposals for the establishment of the school, will be such a school, and which has a temporary governing body;
a reference to a particular class or description of expenditure in relation to maintained schools and to pupils registered at such schools includes any expenditure of that class or description as the authority may incur in relation to Academies , and to pupils registered at Academies;
“Performance Reward Grant” is a grant of that name paid to a local authority under section 31 of the Local Government Act 2003 to reward the authority for improvements in local services;
“ PFI scheme unitary payment” means a charge payable by a local education authority under a private finance transaction, as defined in regulation 16 of the Local Authorities (Capital Finance) Regulations 1997 ;
“practical and applied learning” means education provided to pupils at key stage 4 in a secondary school or elsewhere which prepares them for employment or for a qualification related to a particular employment sector;
“primary or secondary school” means a primary or secondary school which is a community, foundation, voluntary or maintained nursery school;
“proper practices” means those accounting practices which a local authority are required to follow by virtue of any enactment, or which, so far as they are consistent with any such enactment are generally regarded, whether by reference to any generally recognised published code or otherwise, as proper accounting practices to be followed in the keeping of the accounts of local authorities, either generally or of the description concerned ;
“prudential borrowing” means borrowing money for the purpose of facilitating the modernisation and rationalisation of the school estate, where the revenue savings that will be achieved are equal to or more than the expenditure that will be incurred in borrowing the money;
“PVI providers” means persons other than governing bodies of primary schools, local education authorities or the proprietors of Academies who provide nursery education for three and four year olds for which no charge is made;
“School Standards Grant” is a grant of that name paid to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“school year” has the meaning given to that expression in section 579(1) of the 1996 Act ;
a reference to “special educational needs transport costs”, for the purposes of paragraph 36(e) of Schedule 2, is a reference to the costs of home to school transport for pupils with special educational needs in schools maintained by a local education authority where the authority is meeting such costs because the revenue savings that will be achieved by placing such children in a school maintained by them are equal to, or greater than, the cost of such transport;
“specific grant” means any grant, other than the Dedicated Schools Grant and any grant made by the LSC under section 7 of the 2000 Act, paid to a local authority under conditions which impose restrictions on the particular purposes for which the grant may be used;
“summer term” means the third term of the school year where a school has three terms, or the fifth and sixth terms where a school has six terms;
a reference to “termination of employment costs”, for the purposes of paragraph 36(b) of Schedule 2, is a reference to expenditure relating to the dismissal or premature retirement of, or for the purpose of securing the resignation of, any person employed in a maintained school where —
the dismissal, premature retirement or resignation occurs after 1st April 2008; and
the revenue savings achieved by any termination of employment are equal to or greater than the costs incurred.
Revocation of previous Regulations
2
The Financing of Maintained Schools (England) 2004 ,The LEA Budget, Schools Budget and Individual Schools Budget Regulations 2004 , and The LEA Budget, Schools Budget and Individual Schools Budget (Amendment) (England) Regulations 2005 are revoked on 1st April 2008.
PART 2 ACTION TO BE TAKEN BY A LOCAL EDUCATION AUTHORITY
CHAPTER 1
APPROPRIATION OF THE LEA BUDGET
The LEA Budget
3
1
The following classes or descriptions of local education authority expenditure are prescribed for the purposes of section 45A(1) of the 1998 Act and the determination of a local education authority’s LEA budget, subject to the exceptions in regulation 6 —
a
those specified in Schedule 1; and
b
any expenditure which falls outside the classes or descriptions of expenditure specified in regulation 5 and Schedule 2 (the schools budget).
2
Expenditure which falls within the classes or descriptions of expenditure specified in regulation 5 or Schedule 2 is not expenditure prescribed for the purposes of section 45A(1) of the 1998 Act.
CHAPTER 2
DETERMINATION OF SCHOOLS BUDGETS, INDIVIDUAL SCHOOLS BUDGETS, AND BUDGET SHARES FOR FUNDING PERIODS 1, 2 and 3
Initial determination of a local education authority’s schools budgets
4
A local education authority must not later than 31st March 2008 —
a
make an initial determination of their schools budgets for funding periods 1, 2 and 3; and
b
give notice of any such determination to the governing bodies of the schools they maintain.
The schools budget
5
1
The classes or descriptions of local education authority expenditure specified in sub-paragraphs (a) to (c) and Schedule 2 are prescribed for the purposes of section 45A(2) of the 1998 Act and the determination of a local education authority’s schools budget, subject to paragraph (2) and the exceptions in regulation 6 —
a
expenditure on the provision and maintenance of maintained schools and on the education of pupils registered at maintained schools;
b
expenditure on the education of pupils at independent schools, non-maintained special schools , pupil referral units, at home or in hospital, and on any other arrangements for the provision of primary and secondary education for pupils otherwise than at schools maintained by a local education authority; and
c
all other expenditure incurred in connection with the authority’s functions in relation to the provision of primary and secondary education, insofar as that expenditure does not fall within paragraphs (a) or (b).
2
Where a local education authority operates a combined service for the benefit of pupils referred to in paragraph (1), expenditure referred to in paragraph 36(c) of Schedule 2 is only expenditure prescribed for the purposes of section 45A(2) of the 1998 Act and the determination of a local education authority’s schools budget, provided that any expenditure is incurred in providing an educational benefit to those pupils.
Exceptions
6
A local education authority’s LEA budget or schools budget must not include the following classes or descriptions of expenditure —
a
capital expenditure, other than
i
CERA,
ii
capital expenditure appropriated to the schools budget for the purpose of funding pay arrears due to staff whose salaries are met from the schools budget;
b
expenditure on capital financing, other than expenditure incurred
i
on prudential borrowing, or
ii
for the purpose of meeting the costs of financing the payment of pay arrears referred to in paragraph 6(a)(ii);
c
expenditure for the purposes of section 26 of the Road Traffic Regulation Act 1984 (arrangements for patrolling school crossings); and
d
expenditure met by the local education authority under section 51A of the 1998 Act (community purposes).
Determination of the individual schools budget for funding periods 1, 2 and 3 and limit on increase in central expenditure
7
1
Subject to paragraphs (2) to (4), not later than 31st March 2008, a local education authority must deduct from their schools budgets such of the classes or descriptions of planned expenditure set out in Schedule 2 (“the central expenditure”) as they propose to deduct, in order to determine their individual schools budgets for funding periods 1, 2, and 3.
2
In deducting central expenditure under paragraph (1), a local education authority must limit any increase in deductions, from one funding period to the next, by ensuring that it does not exceed the percentage of any increase in the authority’s schools budget for the relevant funding period, unless they obtain the approval of their schools forum under regulation 14(1)(b) or the Secretary of State under regulation 14(3) to vary this limit on any such increase.
3
For the purpose of calculating the limit referred to in paragraph (2) only, the amount of any funding deducted under paragraph 26 of Schedule 2 (funding for PVI providers) must be treated as though it were part of the individual schools budget.
4
In deducting the central expenditure referred to in paragraph 36 of Schedule 2, a local education authority must not exceed the limit referred to in that paragraph, unless they have obtained the approval of their schools forum under regulation 14(1)(b) or the Secretary of State under regulation 14(3) to do so.
5
References to planned expenditure in this regulation are references to that expenditure net of —
a
all related specific grants;
b
all related fees, charges and income; and
c
any funding received from the Secretary of State in respect of PFI scheme unitary payments.
Consultation
8
1
A local education authority may make changes to the formulae they have used in the financial years beginning 1st April 2006 and 1st April 2007.
2
Subject to paragraph (3), a local education authority must consult their schools forum about any proposed changes under paragraph (1), in relation to the factors and criteria taken into account, and the methods, principles and rules adopted.
3
Paragraph (2) does not apply to changes made relating to matters referred to in regulation 21 (sixth form funding) or 23 (excluded pupils).
Formulae for determination of budget shares
9
1
A local education authority must, before the beginning of funding period 1 and after the consultation referred to in regulation 8, decide upon the formulae which they will use to determine and redetermine schools’ budget shares in funding periods 1, 2 and 3, having regard to the factors, criteria and requirements set out in Part 3 of these Regulations.
2
A local education authority may not make changes to their formula for funding period 1 after the beginning of that funding period.
3
A local education authority may make changes to the formula they will use for funding period 2 or 3 before the beginning of the funding period to which the changes relate where any such changes have been approved by their schools forum or the Secretary of State under regulation 25 (additional arrangements).
4
Any formulae determined by a local education authority under paragraph (1) may include different factors, criteria and requirements for different funding periods.
5
A local education authority may not use factors or criteria in their formulae under this Part which make an allowance, in whole or in part, for any amount allocated to a school from any School Standards Grant paid to the authority.
6
A local education authority must use the formulae determined under paragraph (1), subject to any changes made under paragraph (3) and regulation 25 (Additional arrangements), in all determinations and redeterminations of budget shares in respect of funding periods 1, 2 and 3.
Initial determination of allocation of schools’ budget shares for funding periods 1, 2 and 3
10
Not later than 31st March 2008, a local education authority must —
a
initially determine the allocation of their individual schools budget for funding periods 1, 2 and 3 as the budget shares of the schools which they maintain for each of those funding periods in accordance with Part 3 of these Regulations; and
b
give notice of schools’ budget shares for funding periods 2 and 3 to the governing bodies of each of the schools they maintain.
Delegated budgets for new schools
11
1
A new school must have a delegated budget from the appropriate date.
2
Subject to paragraphs (3) and (6), the appropriate date is either —
a
the date which is fifteen calendar months before the opening date of the new school; or
b
the date upon which a temporary governing body is constituted for that school,
whichever is the later.
3
On the application of a local education authority, their schools forum may —
a
vary the appropriate date to a date proposed by the authority;
b
vary the appropriate date to a different date; or
c
refuse to vary the appropriate date.
4
Where —
a
a schools forum
i
vary the appropriate date to a different date, or
ii
refuse to vary the appropriate date; or
b
a local education authority are not required to establish a schools forum for their area ,
the authority may make an application to the Secretary of State for variation of the appropriate date.
5
On the application of a local education authority, the Secretary of State may —
a
vary the appropriate date to a date proposed by the authority;
b
vary the appropriate date to a different date; or
c
refuse to vary the appropriate date.
6
A local education authority must determine the amount of a new school’s delegated budget for the period from the appropriate date to the opening date as an amount which is sufficient to fund the appointment of staff and to enable the purchase of any goods and services necessary in order to admit pupils.
7
After the opening date, a school’s delegated budget must be determined in accordance with the local education authority’s formula for the relevant funding period.
CHAPTER 3
REDETERMINATION OF SCHOOLS BUDGETS, INDIVIDUAL SCHOOLS BUDGETS AND SCHOOLS’ BUDGET SHARES FOR FUNDING PERIODS 1, 2 AND 3
Redetermination of schools budgets and individual schools budgets
12
1
A local education authority may make a redetermination of their schools budgets and individual schools budgets for funding period 1, 2 or 3 at any time before or during the funding period to which those budgets relate.
2
In making any such redetermination, a local education authority —
a
may only reduce the amount of their schools budgets where they receive an amount of Dedicated Schools Grant which is lower than the amount on which they based their determinations under regulation 7;
b
may not reduce their individual schools budget for funding period 1, 2 or 3 by making further deductions of central expenditure from their schools budgets unless they have obtained authorisation to do so from their schools forum or the Secretary of State under regulation 14(2) or (4); and
c
must comply with the limits imposed by paragraph 36 of Schedule 2 and regulation 7(2) unless their schools forum or the Secretary of State authorise the variation those limits under regulation 14(2) or (4).
3
Before the beginning of funding period 1, a local education authority must advise schools of any circumstances they are aware of which will make it likely that a redetermination will be made in respect of funding periods 1, 2 and 3, and the nature of any redetermination likely to be made in particular circumstances.
4
Where a local education authority makes a redetermination under paragraph (1), they must give notice of that redetermination to the governing bodies of the schools which they maintain within 28 days of making the redetermination.
Redetermination of allocation of budget shares for funding periods 2 and 3
13
Not later than 31st March 2009 for funding period 2 or 31st March 2010 for funding period 3, a local education authority must redetermine any allocation of schools’ budget shares which they have made under regulation 10(a), in accordance with Part 3 of these Regulations.
CHAPTER 4
FURTHER DEDUCTIONS AND VARIATIONS TO LIMITS AUTHORISED BY SCHOOLS FORUMS OR THE SECRETARY OF STATE
Applications to the schools forum and the Secretary of State
14
1
Subject to paragraph (2), on the application of a local education authority, their schools forum may authorise —
a
the making of further deductions from their schools budget of any central expenditure exceeding the amount of any deductions made previously under regulations 7(1) or 12(1); or
b
the varying of any limit imposed by paragraph 36 of Schedule 2, or regulation 7(2).
2
Where —
a
a schools forum does not authorise the making of further deductions or enable the limits referred to in paragraph (1) to be varied; or
b
a local education authority is not required to establish a schools forum for their area,
the authority may make an application to the Secretary of State for such authorisation or variation.
3
On the application of a local education authority under paragraph (2), the Secretary of State may authorise the making of further deductions or variation of the limits referred to in paragraph (1).
4
Unless the contrary intention appears in any authorisations given by the schools forum or the Secretary of State under previous regulations, such authorisations continue to apply in relation to funding period 1.
5
Unless the contrary intention appears in any authorisations given by the schools forum or the Secretary of State in relation to funding period 1, such authorisations continue to apply to funding periods 2 and 3, and, unless the contrary intention appears in any authorisation given by the schools forum or the Secretary of State in relation to funding period 2, such authorisations continue to apply to funding period 3.
PART 3 FORMULAE FOR DETERMINATION OF BUDGET SHARES
CHAPTER 1
FACTORS AND CRITERIA TAKEN INTO ACCOUNT
Pupil numbers
15
1
Subject to regulation 17 (Special arrangements for maintained nursery schools and pupils in nursery classes) and paragraphs (2) and (5), in determining and redetermining budget shares for primary and secondary schools, a local education authority must take into account in their formulae for funding periods 1, 2 and 3 the number of registered pupils at those schools on the dates specified in paragraph (6), weighted, if the authority consider it appropriate, in accordance with paragraph (4).
2
For the purposes of paragraph (1), the number of registered pupils does not include pupils —
a
in places —
i
in primary or secondary schools which the authority recognise as reserved for children with special educational needs, and
ii
in boarding accommodation at boarding schools other than special schools
where the authority exercise their discretion to take these places into account under regulation 16(1)(b) or (c);
b
in respect of whom grant is payable to the authority by the LSC (sixth form pupils); or
c
in infant classes where the authority choose to take the class into account as an additional factor under paragraph 35 of Schedule 3.
3
Where a local education authority exercise their discretion under regulation 16(1) to take into account places, they may also take into account in their formulae the number of registered pupils in special schools or schools with boarding accommodation, or in reserved places at primary or secondary schools, as referred to in that paragraph, on the dates specified in paragraph (6).
4
A local education authority may weight pupil numbers according to any or all of the following factors —
a
age, including weighting according to key stage or year group;
b
in the case of pupils aged under five, their exact age when admitted to the school;
c
in the case of pupils aged under five, whether they have been admitted to the school in excess of the admission number agreed with the authority;
d
in the case of pupils aged under five, hours of attendance;
e
whether a pupil has special educational needs;
f
whether the pupil is attending a middle school;
g
whether the pupil is at key stage 4, and is accessing practical and applied learning;
h
whether the pupil, although registered at a school, is also attending a college of further education or a course delivered by any training provider; and
i
whether the pupil is in an infant class (in cases where an infant class is not taken into account as an additional factor under paragraph 35 of Schedule 3).
5
Subject to paragraphs (7) and (8), for the purpose of initially determining budget shares for funding periods 2 and 3 under regulation 10, a local education authority must estimate the number of pupils they will take into account under paragraph (1) for that funding period.
6
The dates for ascertaining pupil numbers are —
a
17th January 2008 in respect of funding period 1;
b
15th January 2009 in respect of funding period 2; and
c
21st January 2010 in respect of funding period 3.
7
Subject to paragraph (8), where a primary school —
a
operates a policy of admitting children into reception classes in the summer term; and
b
will admit pupils into such classes in the summer term immediately after any of the dates specified in paragraph (6),
a local education authority may determine a number representing the number of pupils who will be admitted in that summer term, and take such number into account in their formulae for funding period 1, 2 or 3.
8
In determining the number of pupils they will take into account under paragraph (7), a local education authority —
a
must not determine any number which exceeds the number of pupils admitted in the summer term immediately before any of the dates specified in paragraph (6); and
b
must make any such determination before the beginning of the funding period during which the pupils will be admitted.
9
A local education authority may adjust the number of registered pupils used to determine or redetermine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly, the permanent exclusion of a pupil from the school or the admission of a pupil to the school following his permanent exclusion from another school.
Places
16
1
In determining and redetermining budget shares for funding periods 1, 2 and 3, a local education authority may take into account the number of places they wish to fund in —
a
special schools;
b
primary or secondary schools with places which the authority recognise as reserved for children with special educational needs; and
c
schools with boarding accommodation.
2
In determining and redetermining budget shares for funding periods 1, 2 and 3 a local education authority may take into account the nature of any special educational needs in question when funding places under paragraph (1)(a) or (b).
3
A local education authority must provide that, if any places are taken into account in accordance with paragraph (1)(a), the number must be no fewer than the number of registered pupils at the school on the relevant date in regulation 15(6).
4
For the purpose of initially determining budget shares for funding periods 2 and 3 under regulation 10(a), a local education authority must estimate the number of places they wish to fund under paragraph (1) for that funding period.
Special arrangements for pupils in maintained nursery schools and nursery classes
17
1
For the purpose of initially determining budget shares for maintained nursery schools and other primary schools, a local education authority may take into account in their formulae for funding periods 1, 2, and 3 either —
a
the number of registered pupils in maintained nursery schools or the number of registered pupils in nursery classes on the date specified in regulation 15(6) and their hours of attendance; or
b
the number of places they wish to fund in those schools or those classes.
2
For the purpose of initially determining budget shares for maintained nursery schools for funding periods 2 and 3, a local education authority must estimate the number of pupils or places they wish to fund under paragraph (1).
3
In redetermining budget shares for maintained nursery schools and other primary schools, a local education authority must take into account in their formulae for funding periods 2 and 3 —
a
the number of registered pupils in maintained nursery schools and the number of registered pupils in nursery classes on the dates specified in regulation 15(6)(b) and (c); and
b
the number of hours each of those registered pupils spends in school per week,
except where paragraph (4) applies, and except in the circumstances referred to in paragraph (5).
4
Where it appears to a local education authority that it is necessary to fund places, as opposed to numbers of pupils, in order to ensure that a maintained nursery school remains open or, in the case of other primary schools, that they are able to continue to provide nursery classes, a local education authority may take into account in their formulae for funding periods 2 and 3 the number of places they wish to fund in those schools or classes.
5
Subject to paragraph (6), where —
a
a primary school operates a policy of admitting children into nursery classes in the summer term; and
b
will admit pupils into such classes in the summer term immediately after any of the dates specified in regulation 15(5)(b) or (c),
a local education authority may determine a number representing the number of pupils who will be admitted in that summer term and the number of hours per week each pupil spends in school, and take such number into account in their formulae for funding periods 1, 2 or 3.
6
In determining the number of pupils they will take into account under paragraph (5), a local education authority —
a
must not determine any number which exceeds the number of pupils admitted in the summer term immediately before either of the dates specified in regulation 15(5)(b) or (c); and
b
must make any such determination before the beginning of the funding period during which the pupils will be admitted.
7
Where a local education authority take into account in their formulae the number of registered pupils in maintained nursery schools or the number of registered pupils in nursery classes under paragraph (1)(a) or (3)(a), they may weight pupil numbers according to any or all of the following factors —
a
the age of pupils when admitted to the school;
b
whether any pupils have been admitted to the school in excess of the admission number agreed with the authority; and
c
the special educational needs of any such pupils.
Differential funding
18
1
For the purpose of initially determining budget shares in respect of funding periods 1, 2 and 3, a local education authority must use factors or criteria which differentiate between different categories or descriptions of schools insofar as the functions of the governing bodies of those schools justify such differentiation, but may not otherwise do so except as required or expressly permitted by these Regulations.
2
A local education authority must use factors or criteria which differentiate between a school and other schools of the same category or description if such differentiation is justified by reference to the choice that that school’s governing body have made as to the inclusion in their school’s budget share of funding in respect of expenditure of the kinds referred to in paragraph 15(a) and (b) (meals), 27 (insurance) or 29 (library services) of Schedule 2.
3
A local education authority are not required to use factors or criteria in their formulae which differentiate between maintained nursery schools, primary schools, secondary schools, special schools, or schools whose pupils are in different age ranges, but they may do so.
Additional factors or criteria
19
1
Subject to regulation 18 (differential funding), a local education authority may, in determining budget shares in respect of funding periods 1, 2 and 3, take into account in their formulae any or all of the factors or criteria set out in Schedule 3.
2
A local education authority must, in determining budget shares for both primary and secondary schools which they maintain, take into account in their formulae a factor or factors based on the incidence of social deprivation among pupils registered at all such schools if they have no factor elsewhere in their formulae which is based on such incidence.
3
A factor included in a local education authority’s formula pursuant to paragraph 17 of Schedule 3 (school milk, meals and refreshment) is not, for the purpose of paragraph (2), a factor based on the incidence of social deprivation among pupils registered at a school.
4
The factors and criteria set out in Schedule 3 may not be taken into account by a local education authority on the basis of actual or estimated cost unless otherwise stated in that Schedule.
5
Where a local education authority make changes to the factors or criteria taken into account in their formula from one funding period to the next, they may make such transitional provision as they consider reasonable.
Minimum funding guarantee
20
1
Subject to paragraph (4), in determining and redetermining budget shares for all schools maintained by them in respect of funding periods 1, 2 and 3, a local education authority must ensure —
a
in respect of primary and secondary schools (other than maintained nursery schools), that an amount equal to the guaranteed funding level is included for each of those funding periods, calculated in accordance with paragraphs 1-4 of Schedule 4;
b
in respect of special schools, that the formulae must provide for an increase in those schools’ budget shares for each of those funding periods, calculated in accordance with paragraph 5 of Schedule 4; and
c
in respect of maintained nursery schools either —
i
that an amount equal to the guaranteed funding level is included for each of those funding periods, calculated in accordance with paragraphs 1-4 of Schedule 4, or
ii
that the formula must provide for an increase in schools’ budget shares for each of those funding periods, calculated in accordance with paragraph 5 of that Schedule as if every reference to a special school were a reference to a maintained nursery school.
2
For the purposes of determining budget shares in respect of funding periods 1, 2 and 3, paragraph (1) does not apply to any school —
a
opening during any of these funding periods, except in the circumstances set out in paragraph 4 of Schedule 4; or
b
closing during any of these funding periods in circumstances where a local education authority have redetermined that school’s budget share during the relevant funding period.
3
For the purpose of initially determining budget shares for funding periods 2 and 3 under regulation 10(a), a local education authority must apply the relevant provisions in Schedule 4 using estimates of —
a
the number of registered pupils in schools funded on the basis of pupil numbers in accordance with regulations 15(5) and 17(2); or
b
the number of places they wish to fund in accordance with regulation 16(4).
4
A local education authority may make changes to the operation of this Regulation and to the operation of Schedule 4 in determining and redetermining budget shares where authorised to do so by the Secretary of State or their schools forum under regulation 25 (additional arrangements).
Sixth form funding
21
1
A local education authority must include in a secondary school’s budget share for funding periods 1, 2 and 3 an amount equal to any sum notified to the local education authority by the LSC as being the allocation in respect of that school’s sixth form .
2
A local education authority may, in determining budget shares, use a factor which allocates funding in respect of sixth forms.
3
A local education authority may, in determining budget shares for schools with sixth forms, reduce the amount payable to each such school under their formulae by a sum representing any element which has been duplicated in the LSC’s allocation.
4
A secondary school’s budget share for funding periods 1, 2 and 3 must be redetermined before the end of the relevant funding period where the authority receive a written notification from the LSC of a revised allocation in respect of the sum referred to in paragraph (1).
New, reorganised and closing schools
22
1
A local education authority must include factors or criteria in their formulae which enable them to determine, or redetermine, a school’s budget share for funding periods 1, 2 and 3 so as to take into account the particular needs of that school in the following cases —
a
a proposed school;
b
a school, proposals for the establishment of which have not been fully implemented ;
c
a school which is the subject of a prescribed alteration within the meaning of regulations made under section 18 of the 2006 Act ;
d
a school which is to be discontinued; and
e
a school which is to be the subject of a significant change, as determined by the authority.
2
In the case of schools falling within sub-paragraph (1)(c), such factors or criteria may not be used for a period of more than seven years after the date of implementation of the relevant alteration.
3
For the purposes of these Regulations, proposals for the establishment of a school have been fully implemented when the number of pupils admitted to the school in each age group has, in the opinion of the local education authority, reached either —
a
the number of pupils indicated, when proposals for the establishment of the school were published, as the number of pupils to be admitted to each age group when the proposals were fully implemented; or
b
if no such number was indicated, such number as the authority may determine.
CHAPTER 2
ADJUSTMENTS, CORRECTION OF ERRORS, AND ADDITIONAL ARRANGEMENTS APPROVED BY THE SCHOOLS FORUM OR THE SECRETARY OF STATE
Pupils permanently excluded from, or leaving, primary or secondary schools
23
1
Where a pupil is permanently excluded from a school maintained by a local education authority, the authority must redetermine the school’s budget share for that funding period in accordance with paragraph (2).
2
The school’s budget share must be reduced by the amount A x (B/52) where —
A is the amount, in the funding period in which the permanent exclusion takes effect, determined by the authority in accordance with this Part, to be attributable for the full funding period to a registered pupil of the same age and personal circumstances as the pupil in question at primary or secondary schools maintained by the authority:
for the purposes of this definition, the amount attributable to a registered pupil is the sum of the amounts determined in accordance with the authority’s formula as determined in accordance with these Regulations by reference to pupil numbers rather than by reference to the number of places at the school or any other factor or criterion not dependent on pupil numbers (except that, where the registered pupil in question is a pupil in respect of whom grant is payable to the authority by the LSC under section 7 of the 2000 Act, the amount attributable to that pupil is £3197 for funding period 1, £3264 for funding period 2 and £3332 for funding period 3); and
B is the number of complete weeks remaining in the funding period calculated from the relevant date:
except that where the permanent exclusion takes effect on or after 1st April in a school year at the end of which pupils of the same age, or age group, as the pupil in question normally leave that school before being admitted to another school with a different pupil age range, B is the number of complete weeks remaining in that school year calculated from the relevant date.
3
Where a pupil is admitted to a school maintained by a local education authority (“the admitting school”) who has been permanently excluded from another maintained school in that financial year, the authority must redetermine the admitting school’s budget share in accordance with paragraph (4).
4
The admitting school’s budget share must be increased by an amount which may not be less than the amount D x (E/F) where —
D is the amount by which the authority reduce the budget share of the school from which the pupil was permanently excluded, or would have reduced it had that school been maintained by the authority;
E is the number of complete weeks remaining in the funding period during which the pupil is a registered pupil at the admitting school; and
F is the number of complete weeks remaining in the funding period calculated from the relevant date.
5
For the purposes of this regulation, the relevant date is the sixth school day following the date on which the pupil has been permanently excluded.
6
Where a permanently excluded pupil is subsequently reinstated by the governing body of the school or by an appeal panel constituted under regulations made under section 52 of the 2002 Act, the school’s budget share must be increased by an amount which is no less than G x (H/I) where —
G is the amount by which the authority has reduced the school’s budget share;
H is the number of complete weeks remaining in the funding period during which the pupil is reinstated; and
I is the number of complete weeks remaining in the funding period calculated from the relevant date.
7
Paragraphs (1) and (2) also apply where a pupil leaves a maintained school for reasons other than permanent exclusion, and is receiving education funded by a local education authority other than at a school which is maintained by that authority.
Correction of errors and changes in non-domestic rates
24
1
A local education authority may at any time during funding period 1, 2 or 3 redetermine a school’s budget share for a previous funding period, or the current funding period, in order to correct an error in a determination or redetermination under these, or previous Regulations, whether arising from a mistake as to the number of registered pupils at the school or otherwise, provided the error is of a kind not provided for by any specific error correction provision in the authority’s formula.
2
A local education authority may redetermine a school’s budget share for funding period 1, 2 or 3 to take into account any changes in that school’s non-domestic rates liability in relation to a current funding period or previous funding period.
3
Insofar as any redetermination under paragraph (1) would require the amount that would otherwise have been the budget share of a school to be reduced, it may not be reduced to a figure which is lower than that which could have been allocated to that school under the regulations in force during the funding period in which the error occurred.
Additional arrangements approved by the schools forum or the Secretary of State
25
1
Subject to paragraph (2), on application by a local education authority to the Secretary of State for any authorisation or authorisations to determine or redetermine budget shares, the Secretary of State may authorise the authority to determine or redetermine budget shares to such extent as he may specify in accordance with arrangements approved by him in place of the arrangements provided for by these Regulations.
2
The Secretary of State may not authorise a local education authority to determine or redetermine budget shares in the cases referred to in paragraph (3) unless —
a
the authority has first made an application to their schools forum for such authorisation which has been refused; or
b
the authority is not required to establish a schools forum for their area.
3
In cases where a local education authority seeks any authorisation, or authorisations, to determine or redetermine budget shares which —
a
relate to the operation of regulation 20 and Schedule 4 (minimum funding guarantee) and which, either individually or when taken together in the funding period to which the application relates, will affect no more than 50% of pupils in schools maintained by the authority; or
b
relate to a change to the formula determined under regulation 9(1) in respect of funding period 2 or 3,
their schools forum may authorise such determinations or redeterminations.
4
Unless the contrary intention appears in any such authorisation or arrangements, authorisations given and arrangements approved by the Secretary of State or any schools forum under previous regulations continue to apply in relation to funding period 1.
5
Unless the contrary intention appears in such authorisation or arrangements, authorisations given and arrangements approved by the Secretary of State or any schools forum in relation to funding period 1 continue to apply to funding periods 2 and 3, and authorisations given and arrangements approved by the Secretary of State or any schools forum in relation to funding period 2 continue to apply to funding period 3.
PART 4 SCHEMES
Required content of schemes
26
A scheme prepared by a local education authority under section 48(1) of the 1998 Act must deal with the matters connected with the financing of schools maintained by the authority set out in Schedule 5.
Approval by the schools forum or the Secretary of State of proposals to revise schemes
27
1
Where a local education authority submit proposals for any revisions to their scheme to their schools forum for approval pursuant to paragraph 2A of Schedule 14 to the 1998 Act , the schools forum may —
a
approve any such proposals;
b
approve any such proposals subject to modifications; or
c
refuse to approve any such proposals.
2
Where the schools forum approve any revisions to the scheme, they may specify the date upon which any revised scheme is to come into force.
3
Where —
a
the schools forum refuse to approve proposals submitted under paragraph 2A of Schedule 14 to the 1998 Act, or approve any such proposals subject to modifications which are not acceptable to the local education authority; or
b
the local education authority are not required to establish a schools forum for their area,
the authority may apply to the Secretary of State for approval of such proposals.
4
The Secretary of State may —
a
approve any such proposals;
b
approve any such proposals subject to modifications; or
c
refuse to approve any such proposals.
5
Where the Secretary of State approves any revisions to the scheme, he may specify the date upon which any revised scheme is to come into force.
6
No revised scheme is to come into force unless approved by the schools forum or the Secretary of State in accordance with this regulation.
Publication of schemes
28
A local education authority must publish their scheme in such manner as they see fit.
Jim Knight
Minister of State
Department for Children, Schools and Families
5th February 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Assisted Places) (Amendment) (England) Regulations 2008 and come into force on 1st September 2008.
2
These Regulations apply in relation to a school year beginning on or after that date.
3
These Regulations apply only in relation to England.
Amendment of the Education (Assisted Places) Regulations 1997
2
1
The Education (Assisted Places) Regulations 1997 are amended as follows.
2
In regulation 10(4) and (6), for “£1,675” substitute “£1,745” in each place where it appears.
3
In paragraph 1 of Schedule 2, for “£12,864” substitute “£13,397”.
4
For the table following paragraph 2(1) of Schedule 2 substitute the following table —
(1) Part of relevant income to which specified percentage applies
(2) Only assisted pupil
(%)
(3) Each of two assisted pupils (%) (4) Each of three
assisted
pupils (%)
That part (if any) which exceeds £13,231 but does not exceed £14,388. 9 6.75 5.25 That part (if any) which exceeds £14,388 but does not exceed £15,562. 12 9 7 That part (if any) which exceeds £15,562 but does not exceed £17,890. 15 11.25 8.75 That part (if any) which exceeds £17,890 but does not exceed £21,482. 21 15.75 12.25 That part (if any) which exceeds £21,482 but does not exceed £26,165. 24 18 14 That part (if any) which exceeds £26,165. 33 24.75 19.25
Andrew Adonis
Parliamentary Under Secretary of State
Department for Children, Schools and Families
19th June 2008


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Education (Student Support) (European Institutions) (Amendment) (No. 2) Regulations 2008.
2
1
Except for regulation 8 these Regulations come into force on 1st January 2009.
2
Regulation 8 comes into force on 1st September 2009.
3
In these Regulations, “the Principal Regulations ” means the Education (Student Support) (European Institutions) (No. 2) Regulations 2006 .
Amendment of the Principal Regulations
4
The Principal Regulations are amended in accordance with these Regulations.
5
In Regulation 3 in the definition of “relevant date” for “2008” substitute “2009”.
6
In Regulation 8(3) for each occurrence of “2008” substitute “2009”.
7
In Regulation 9(17) —
a
for each occurrence of “2008” substitute “2009”; and
b
for “2009” substitute “2010”.
8
The Schedule to these Regulations has effect to substitute the figures in the third column of the table for the figures in the second column where they appear in the provisions of the Principal Regulations set out in the first column.
David Lammy
Minister of State
Department for Innovation, Universities and Skills
24th November 2008


text:
Citation and commencement
1
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Market Abuse) Regulations 2008.
2
These regulations shall come into force on 30th June 2008.
Interpretation
2
In these Regulations “the 2000 Act ” means the Financial Services and Markets Act 2000 .
Amendment of Part 8 of the 2000 Act
3
1
The 2000 Act is amended as follows.
2
In subsection (9) of section 118 (market abuse) , for “30 June 2008” substitute “31 December 2009”.
3
In subsection (6) of section 118A (supplementary provision about certain behaviour) , for “30 June 2008” substitute “31 December 2009”.
Frank Roy
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Family Intervention Tenancies (Review of Local Authority Decisions) (England) Regulations 2008 and shall come into force on 5th January 2009.
2
The Regulations apply in relation to dwelling-houses in England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Housing and Regeneration Act 2008;
“the authority” means the local housing authority ;
“behaviour support services” has the same meaning as in paragraph 4ZA of Schedule 1 to the Housing Act 1985 ;
“family intervention tenancy” has the same meaning as in paragraph 4ZA of Schedule 1 to the Housing Act 1985;
“the review” means a review of the authority’s decision to serve a notice to quit upon the tenant under section 298 of the Act; and
“the reviewer” means the person carrying out the review.
Reviewers
3
1
A reviewer must be a person who was not involved in the decision to serve a notice to quit upon the tenant.
2
Where the review —
a
relates to a decision of an officer of the authority; and
b
the reviewer is another officer of that authority,
the reviewer must hold a more senior position within the authority than the officer whose decision is the subject of the review.
Request for oral hearing
4
1
The tenant may request a review by an oral hearing.
2
The tenant must make such a request within 14 days of receipt of the notice under section 298(2) of the Act.
3
Where the tenant has requested a review by oral hearing —
a
the hearing must not take place before the period referred to in paragraph 2 of Schedule 1 has expired; and
b
the authority must give —
i
the tenant; and
ii
any person providing behavioural support services to the tenant,
at least 7 days’ notice of the date, place and time of the oral hearing.
4
The procedure to be followed for an oral hearing is set out in Schedule 1.
Review by written representations
5
1
The review will take place by written representations, where the tenant —
a
has requested a review by written representations;
b
has not requested a review by oral hearing; or
c
has requested a review by oral hearing, but has not done so within the time limit imposed by regulation 4(2).
2
The procedure to be followed for a review by written representations is set out in Schedule 2.
Signed by authority of the Secretary of State for Communities and Local Government
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
4th December 2008


text:
Citation and commencement
1
This Order may be cited as the Civil Enforcement of Parking Contraventions (County of Nottinghamshire) Designation Order 2008 and shall come into force on 12th May 2008.
Designation of civil enforcement area and special enforcement area
2
The Secretary of State designates the area described in the Schedule to this Order as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
Department for Transport
15th April 2008


text:
Citation and commencement
1
This Order may be cited as the Discipline of Judges (Designation) Order 2008 and shall come into force on 3rd November 2008.
Offices designated
2
The following offices are designated for the purpose of section 118 of the Constitutional Reform Act –
1
offices listed in section 31(3) of the Tribunals, Courts and Enforcement Act 2007 , (transferred-in judge, or transferred-in other member, of the First-tier Tribunal or of the Upper Tribunal; deputy judge of the Upper Tribunal);
2
Chamber President of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal, appointed under section 7(7) of the Tribunals, Courts and Enforcement Act 2007, where the appointment is in accordance with paragraph 2(2) to (5) of Schedule 4 to that Act;
3
Deputy Chamber President of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal, appointed under paragraph 5(1) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007, where the appointment is in accordance with paragraph 5(5) to (8) of that Schedule.
Sir Igor Judge, CJ
6th October 2008
I agree
Jack Straw
Lord Chancellor
7th October 2008
I agree
A C Hamilton
Lord President of the Court of Session
3rd October 2008
I agree
Brian Kerr
Lord Chief Justice of Northern Ireland
2nd October 2008


text:
1
This Order may be cited as the A465 Trunk Road (Llangua Bridge to A49/A465 Belmont Roundabout) (Detrunking) Order 2008 and shall come into force on 29th October 2008.
2
In this Order —
i
“the plan” means the plan folio numbered HA 10/ TD /032 marked “The A465 Trunk Road (Llangua Bridge to A49/A465 Belmont Roundabout) (Detrunking) Order 2008”, signed by the authority of the Secretary of State for Transport and deposited at the Department for Transport, Information Management Division, Ashdown House, Sedlescombe Road North, St Leonards on Sea, Hastings, East Sussex, TN37 7GA;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A465 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of theSecretary of State for Transport
Tim Harbot
A Divisional Director In the Highways Authority
26th August 2008


text:
Citation and extent
1
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Commencement No. 12) Order 2008.
2
This Order extends to Northern Ireland.
Commencement on 1st April 2008
2
The following provisions of the Serious and Organised Crime and Police Act 2005 shall come into force on 1st April 2008 —
a
Section 163 (2);
b
Section 164 (1), (2) and (3);
c
Section 165 (1) (a) and (b);
d
Section 174 (2);
e
Schedule 14 paragraphs 2, 3 (a) and (b);
f
Schedule 17 Part 2 where it applies to the Police Act 1997 .
Paul Goggins
Minister of State
Northern Ireland Office
10th March 2008