text:
PART 1 PRELIMINARY
Citation, commencement and application
1
1
These Regulations may be cited as the Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 and shall come into force on 28th November 2008.
2
These Regulations, which are of general application, do not affect —
a
any provision included in —
i
other regulations under Chapter 1 of Part 1 of the Local Government and Public Involvement in Health Act 2007 (structural and boundary change),
ii
an order under section 20 of that Act (correction of orders),
iii
an order under section 86 of that Act (reorganisation of community governance) ,
iv
regulations under section 97 of that Act (supplementary regulations),
v
an order under Part 2 of the Local Government and Rating Act 1997 (parishes and parish councils), or
vi
regulations under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service, etc. ); or
b
any matter for which provision is made in an agreement under section 16 of the Local Government and Public Involvement in Health Act 2007 (agreements about incidental matters).
Interpretation
2
1
In these Regulations —
“the 2007 Act ” means the Local Government and Public Involvement in Health Act 2007;
“the 1972 Act ” means the Local Government Act 1972 ;
“the 2000 Regulations ” means the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 ;
“ Implementation Executive ” means a committee of a preparing council’s executive established in pursuance of a section 7 order;
“predecessor council” means a local authority which, by or in consequence of a section 7 order, will cease to exist on the reorganisation date;
“preparing council” means a local authority which, in accordance with a section 7 order, becomes a single tier council on the reorganisation date;
“reorganisation date”, in relation to a section 7 order, means the date specified in the order as that on which a structural change comes into effect;
“section 7 order” means an order under section 7 of the 2007 Act;
“shadow council” means an authority (not being a local authority) which, in accordance with a section 7 order, becomes a single tier council on the reorganisation date;
“shadow executive”, in relation to a shadow council, means the executive created by the council in accordance with a section 7 order;
“single tier council” means a local authority which on and after the reorganisation date is the sole principal authority for an area;
“successor council” —
in relation to a predecessor council whose area is to become part of the area of a sole single tier council on the reorganisation date, means the preparing or shadow council which will become that single tier council;
in relation to a predecessor council whose area is to become the area of more than one single tier council on the reorganisation date, means the preparing or shadow councils which will become those single tier councils; and
“transitional period” means the period beginning —
on the date on which these Regulations come into force; or
in relation to a section 7 order made after that date, the first date on which any action is required to be taken in accordance with that order,
and ending immediately before the reorganisation date.
2
For the purposes of these Regulations —
a
a single tier council is related to a predecessor council if on the reorganisation date the area of the single tier council includes that of the predecessor council; and
b
where on the reorganisation date the area of a predecessor council comprises the areas of two or more single tier councils taken together, both or all of those single tier councils are related to the predecessor council.
PART 2 CONTINUITY AND RESPONSIBILITY FOR FUNCTIONS
Continuity: references in enactments, etc
3
1
In relation to an area for which, as a result of a section 7 order, there is a district council but no county council, any reference in an enactment to a county council or a county shall, so far as is required for giving effect to the enactment, be construed as including a reference to a district council or, as the case may be, a district.
2
In relation to an area for which, as a result of a section 7 order, there is a county council but no district councils, any reference in an enactment to a district council or a district shall, so far as is required for giving effect to the enactment, be construed as including a reference to a county council or, as the case may be, a county.
3
A provision of an enactment in which a predecessor council or its area is mentioned by name shall have effect on and after the reorganisation date, as if, for the name of that council or its area, there were substituted the name of its related single tier council or of the area of that council or, as the case may be, the names of its related single tier councils or of the areas of those councils.
4
A provision of an enactment which, immediately before the reorganisation date, applies to an area (however defined) that is affected by a section 7 order, shall on and after that date continue to apply to, but only to, the area to which it applied immediately before that date.
5
Where a provision referred to in paragraph (4) applies as regards the whole or part of the area of a predecessor council by reason only of a resolution passed or order made by that council, the resolution or order shall have effect on and after the reorganisation date as if —
a
it had been passed or made by the related single tier council as regards the whole or, as the case may be, the relevant part of its area; or
b
where there are two or more related single tier councils, and the area comprises the whole or part of the area of any of those councils, it had been passed or made by that council as regards the whole or the relevant part of its area.
6
In paragraphs (1) to (4) “enactment” includes a local and personal Act, a private Act, any statutory instrument to which the Statutory Instruments Act 1946 applies (whenever the Act or instrument is passed or made) and any charter or other grant under the royal prerogative (whenever granted) but does not include —
a
an Act of the Scottish Parliament or Northern Ireland legislation;
b
an order under section 7 or 10 of the 2007 Act or regulations under section 14 of that Act;
c
as regards paragraph (2) —
i
section 245 of the 1972 Act (status of certain districts, parishes and communities);
ii
an Order in Council under section 247 of the 1972 Act (transfer of armorial bearings from old to new authorities).
Continuity: other matters
4
1
The following provisions of this regulation have effect subject to regulation 5.
2
Anything which, immediately before the reorganisation date, is in the process of being done by, or in relation to, a predecessor council or a successor council in the exercise of, or in connection with, a function that is to be exercised on and after that date by the related single tier council may be continued by, or in relation to, that council.
3
Anything done by, or in relation to, a predecessor council or a successor council in the exercise of, or in connection with, a function that is to be exercised on and after the reorganisation date by the related single tier council shall have effect as if done by, or in relation to, that council.
4
Paragraph (3) applies in particular to —
a
any agreement, decision, declaration, designation, determination or instrument made by a predecessor council or a successor council;
b
any byelaws, orders or regulations made by such a council;
c
any approval, authorisation, consent, dispensation, exemption, licence, permission, permit or relaxation granted by or to such a council;
d
any certificate, direction or notice given by or to such a council;
e
any application, objection, proposal or request made by or to such a council;
f
any condition imposed by or on such a council;
g
any fee paid by or to such a council;
h
any appeal allowed by or in favour of such a council; or
i
any proceedings instituted by or against such a council.
5
A reference in paragraph (2) or (3) to anything done by or in relation to a predecessor council or a successor council includes a reference to anything which, by virtue of any enactment, is treated as having been done by or in relation to that council.
6
So far as is required for giving effect to paragraphs (2) and (3), a reference in any document to a predecessor council or a successor council shall be construed on and after the reorganisation date —
a
where the document refers to an area that falls within the area of more than one related single tier council, as a reference to each of them;
b
in any other case, as a reference to the related single tier council.
7
A person appointed by a predecessor council to represent that council on any body (whether the body is public or private and whether or not the person has voting rights) (“the appointee”) shall, unless the appointee resigns or the appointment is otherwise terminated, continue to hold that appointment on and after the reorganisation date as if the appointee had been appointed by, and as a representative of, the related single tier council.
Continuity: limitations and supplementary provision
5
1
Regulation 4 —
a
shall have effect only to the extent that other regulations under section 14 of the 2007 Act (including any provision of these Regulations) do not make different provision; and
b
shall not be construed as continuing in force any contract of employment made by a predecessor council.
2
Where anything done or in the process of being done by a predecessor council or successor council was limited to part of its area, paragraphs (2) and (3) of regulation 4 shall have effect only as regards that part; but this does not preclude the related single tier council (if it has the power to do so), from taking steps to secure that the thing has effect in relation to the whole of its area.
3
Subject to paragraph (4) of this regulation, where a predecessor council is succeeded by more than one related single tier council, paragraphs (2) and (3) of regulation 4 shall have effect as if references to the related single tier council were references to each of the related single tier councils.
4
Paragraph (3) of this regulation does not apply where —
a
anything done or in the process of being done by a predecessor council or successor council was limited to part of its area, and
b
on the reorganisation date that part falls within the area of only one of the related single tier councils.
Responsibility for functions exercised by a shadow council
6
1
This regulation applies to a shadow council whose shadow executive is appointed by, or nominated in accordance with, a section 7 order.
2
Any function which is to be exercised by the shadow council by virtue of these Regulations shall be the responsibility of its shadow executive notwithstanding any other enactment by virtue of which the function —
a
would not be the responsibility of its executive; or
b
may, but need not, be the responsibility of its executive.
Responsibility for functions exercised by a preparing council
7
1
This regulation applies to a preparing council for which there is an Implementation Executive.
2
Any function which is to be exercised by the preparing council by virtue of these Regulations shall be a transitional function for the purposes of the section 7 order which establishes that council’s executive (and accordingly the responsibility of the Implementation Executive) notwithstanding any other enactment by virtue of which the function —
a
would not be the responsibility of its executive; or
b
may, but need not, be the responsibility of its executive.
PART 3 TRANSITIONAL ARRANGEMENTS: ELECTORAL MATTERS
Interpretation of Part 3
8
In this Part “the 1983 Act ” means the Representation of the People Act 1983 .
Interim acting and local returning officers and post-reorganisation registration officers
9
1
Every council which, on the coming into force of these Regulations —
a
is both a preparing council and a county council, or
b
is a shadow council,
shall, not later than 30th November 2008, appoint one of their officers to discharge the duties referred to in paragraph (2).
2
The duties are —
a
such duties in relation to elections to the European Parliament to be held in 2009 as fall to be discharged by the local returning officer in the area which is for the time being the local counting area within the meaning of regulation 2 of the European Parliamentary Elections Regulations 2004 , and
b
such duties in relation to any parliamentary election for which a writ is issued after 30th November 2008 for any constituency or part of a constituency coterminous with or situated in the council’s area, as fall to be discharged by the acting returning officer .
3
A person appointed under paragraph (1) is referred to in the following provisions of this regulation as an “electoral appointee”.
4
If an electoral appointee dies or otherwise ceases to be the electoral appointee at any time after the date of his appointment and before the time at which the duties referred to in paragraph (1) have been fully discharged, the council shall immediately appoint another of its officers to discharge those duties or such of them as remain to be discharged.
5
A person appointed under paragraph (4) is referred to in the following provisions of this regulation as a “substitute appointee”.
6
If a substitute appointee dies or otherwise ceases to be the substitute appointee during the period referred to in paragraph (4), that paragraph shall apply as if, for “an electoral appointee” and “the electoral appointee”, there were substituted “a substitute appointee” and “the substitute appointee”.
7
Subsection (1) of section 28 of the 1983 Act (discharge of returning officer’s functions in England and Wales) shall have effect as regards the period beginning on 1st December 2008 and ending on 1st April 2009 as if, after paragraph (aa) , there were inserted —
ab
in the case of a constituency or part of a constituency in England that is coterminous with or situated in an area for which, pursuant to an order under section 7 of the Local Government and Public Involvement in Health Act 2007, there is to be a single tier of local government, the person appointed in accordance with regulation 9(1) or (4) of the Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008;
.
8
An electoral registration officer appointed by a predecessor council under section 8 of the 1983 Act (registration officers) shall not discharge any duties of the returning officer at an election of a description mentioned in paragraph (2), except those mentioned in section 28(2) of that Act.
9
The person who, immediately before the reorganisation date, is the electoral appointee or substitute appointee of a preparing council (other than a district council) or a shadow council shall, on that date, be deemed to have been appointed the electoral registration officer for any constituency or part of a constituency that is coterminous with or situated in the area of the single tier council that succeeds that preparing council or shadow council.
10
At any time before the reorganisation date, an electoral appointee or a substitute appointee may, after consultation with the persons mentioned in paragraph (11), take such steps as the electoral appointee or substitute appointee considers necessary to prepare for the exercise on and after that date of their functions as electoral registration officer.
11
The persons are each person who is for the time being an electoral registration officer appointed by a council which, on the reorganisation date, will become a predecessor council in relation to the same single tier council that succeeds the preparing council or shadow council which appointed the electoral appointee or substitute appointee.
PART 4 STATUTORY PLANS, REVIEWS, SCHEMES, STATEMENTS AND STRATEGIES
Interpretation of Part 4
10
For the purposes of this Part —
a
a single tier council is related to a preparing council or a shadow council if it succeeds the preparing council or the shadow council on the reorganisation date.
b
a preparing council is related to a single tier council if it is succeeded by the single tier council on the reorganisation date; and
c
a shadow council is related to a single tier council if it is succeeded by the single tier council on the reorganisation date.
Plans required before reorganisation date
11
1
Subject to paragraphs (3) and (4), each preparing council which is a county council shall, not later than 31st March 2009, prepare for the whole of its area plans of the descriptions referred to in paragraph (2).
2
The plans are —
a
plans of the descriptions mentioned in section 2(1)(c) and (d) of the Civil Contingencies Act 2004 ;
b
off-site emergency plans under regulation 10 of the Control of Major Accident Hazards Regulations 1999 (“the COMAH Regulations ”); and
c
off-site emergency plans under regulation 9 of the Radiation (Emergency Preparedness and Public Information) Regulations 2001 (“the 2001 Regulations ”).
3
A preparing council need not prepare plans of the description referred to in paragraph (2)(b) —
a
if there are in its area no establishments within the meaning of the COMAH Regulations ; or
b
in respect of such establishments in its area as are for the time being exempt by virtue of paragraph (7) of regulation 10 of the COMAH Regulations.
4
A preparing council need not prepare plans of the description referred to in paragraph (2)(c) if —
a
there are in its area no premises at which there is carried out work with ionising radiation to which the 2001 Regulations apply ; or
b
in respect of premises in its area at which such work is carried out, if an assessment made by the operator pursuant to regulation 4(1) or regulation 5 of those Regulations shows that it is not reasonably foreseeable that a radiation emergency might arise (having regard to the steps taken by the operator under regulation 4(2) of those Regulations).
5
In paragraph (4), the expressions “premises”, “work with ionising radiation”, and “radiation emergency” have the same meanings as in the 2001 Regulations .
6
Paragraph (1) (and the exceptions in paragraphs (3) and (4)) shall apply to a shadow council as they apply to a preparing council which is a county council as if, for the purposes of the Acts and instruments mentioned in paragraph (2), the shadow council were a preparing council which is a county council.
7
As soon as any plan of the description referred to in paragraph (2)(a) has been prepared, the preparing or shadow council which prepared it shall publish it or such part of it as the council considers necessary or desirable for the purpose of —
a
preventing an emergency,
b
reducing, controlling or mitigating the effects of an emergency, or
c
enabling other action to be taken in connection with an emergency.
8
Subject to paragraph (9), a plan prepared in accordance with paragraph (1) by a preparing or shadow council shall be treated, on and after the reorganisation date, as if it had been prepared by that council’s related single tier council.
9
A single tier council may, but need not, prepare a plan of the same description as that prepared in accordance with paragraph (1) by its related preparing or shadow council but, where it does so, and the plan —
a
extends to the whole of its area; and
b
is a substitute for the plan prepared by its related preparing or shadow council (whether the substitution is made expressly or by necessary implication),
the preparing or shadow council’s plan shall cease to have effect on the date on which the single tier council’s plan is published.
10
Nothing in paragraph (9) shall affect the continued validity of a plan after the date referred to in that paragraph for any transitional purpose specified in the single tier council’s plan.
11
Paragraph (7) shall apply in relation to any plan of the description referred to in paragraph (2)(a) prepared by a single tier council as it applies in relation to a plan of that description prepared by a preparing council which is a county council.
Plans, reviews, schemes, statements and strategies required not later than 12 months after the reorganisation date
12
1
Where it is practicable to do so in the period beginning on the date on which these Regulations come into force and ending on the reorganisation date —
a
each preparing council which is a county council and each shadow council shall prepare for the whole of its area, and if required by the enactment concerned publish, a document of each of the following descriptions —
i
an allocation scheme under section 167 of the Housing Act 1996 ;
ii
a licensing statement (statement of licensing policy) under section 5 of the Licensing Act 2003 ;
iii
a statement of principles under section 349 (three-year licensing policy) of the Gambling Act 2005 ; and
iv
a statement of the policy for the provision of assistance under article 3 of the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 ;
b
each shadow council and each preparing council which is a district council shall prepare for the whole of its area and publish —
i
an accessibility strategy and plan under section 28D of the Disability Discrimination Act 1995 ; and
ii
a children’s and young people’s plan under regulation 3 of the Children and Young People’s Plan (England) Regulations 2005 ; and
c
each shadow council and each preparing council which is a county council shall —
i
carry out for the whole of its area a homelessness review within the meaning of the Homelessness Act 2002 ; and
ii
based on the results of that review, formulate and publish a homelessness strategy within the meaning of that Act.
2
For the purposes of paragraph (1)(a) —
a
the Acts and Order referred to in paragraphs (i) to (iv) shall have effect in relation to a shadow council as if the shadow council were a preparing council; and
b
the statement referred to in paragraph (iii) shall be prepared in accordance with the Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 2006 .
3
For the purposes of paragraph (1)(b) —
a
section 28D of the Disability Discrimination Act 1995 shall have effect in relation to a shadow council as if the shadow council were a county council; and
b
the Children and Young People’s Plan (England) Regulations 2005 shall have effect as if references to an authority included references to a shadow council and to a preparing council which is a district council .
4
For the purposes of paragraph (1)(c) —
a
section 1(3) of the Homelessness Act 2002 shall not have effect; and
b
section 1 of that Act (except subsection (3)) and sections 2 to 4 of that Act shall have effect as if —
i
references to a local housing authority included references to a preparing council which is a county council and to a shadow council, and
ii
references to a local housing authority’s district (in whatever terms) included references to the area of a preparing council which is a county council and to a shadow council’s area.
5
Where a plan, review, scheme, statement or strategy of a description in paragraph (1) has not been completed, formulated or prepared (as the case may be) and, where required by or under the enactment concerned, published, before the reorganisation date, the single tier council that is related to the council authorised by that paragraph to take that action shall take such steps as are necessary to secure that the plan, review, scheme, statement or strategy is completed, formulated or prepared (as the case may be) and, where required by or under the enactment concerned, published, not later than the date that falls 12 months after the reorganisation date.
6
In the period beginning on the reorganisation date and ending on the date on which the single tier council complies with paragraph (5), reviews and strategies of the description specified in paragraph (1)(c) and plans, schemes, statements and strategies of the descriptions specified in paragraph (1)(a) and (b) that have been carried out, formulated or prepared (as the case may be) and, where required by or under the enactment concerned, published —
a
before the reorganisation date, by any council that is a predecessor council in relation to the single tier council; or
b
before the date on which the section 7 order came into force, by the related preparing or shadow council,
shall be treated as if they had been carried out, formulated, prepared, and (where required) published by the single tier council for the whole or such part of its area as corresponds to the area to which the particular plan, review, scheme, statement or strategy relates.
7
Nothing in paragraph (6) shall affect the continued validity, after the date on which the single tier council complies with paragraph (5), of a plan, review, scheme, statement or strategy prepared and published as mentioned in paragraph (6)(a) or (b), for any transitional purpose specified in the plan, review, scheme, statement or strategy prepared by the single tier council.
8
The requirements of section 5(1) of the Licensing Act 2003 shall be treated as satisfied, as regards the three year period beginning with 7th January 2011 , and a single tier council, by a statement published in accordance with regulations under subsection (7) of that Act —
a
by that council’s related preparing or shadow council by virtue of paragraph (1)(a) above; or
b
by the single tier council under paragraph (5) above.
9
The requirements of section 349(1) of the Gambling Act 2005 shall be treated as satisfied, as regards the three year period beginning with 31st January 2010 , and a single tier council, by a statement published in accordance with regulations under subsection (4) of that Act —
a
by that council’s related preparing or shadow council by virtue of paragraph (1)(a) above; or
b
by the single tier council under paragraph (5) above.
Sustainable community strategy required not later than 24 months after the reorganisation date
13
1
Where it is practicable to do so in the period beginning on the date on which these Regulations come into force and ending on the reorganisation date, each preparing council and each shadow council shall prepare for the whole of its area, a sustainable community strategy under section 4 of the Local Government Act 2000 .
2
Where a preparing or shadow council has been unable to prepare a sustainable community strategy before the reorganisation date, its related single tier council shall prepare that strategy not later than the date that falls 24 months after the reorganisation date.
3
In the period beginning on the reorganisation date and ending on the date on which the single tier council complies with paragraph (2), the sustainable community strategy prepared —
a
before the reorganisation date, by any council that is a predecessor council in relation to the single tier council; or
b
before the date on which the section 7 order came into force, by the related preparing council,
shall be treated as if it had been prepared by the single tier council for the whole or such part of its area as corresponds to the area to which the strategy relates.
4
Nothing in paragraph (3) shall affect the continued validity, after the date on which the single tier council complies with paragraph (2), of a sustainable community strategy prepared as mentioned in paragraph (3)(a) or (b), for any transitional purpose specified in the strategy prepared by the single tier council.
Continuity in relation to other plans, schemes, statements and strategies
14
1
Subject to paragraph (2) where, pursuant to a requirement imposed by or under any enactment (whether the requirement has direct effect in relation to the council concerned or because the enactment or provision that imposes the requirement applies to the council by virtue of an order or resolution), a plan, scheme, statement or strategy is prepared and, where required by the enactment or provision, published —
a
before the reorganisation date, by any council that is a predecessor council of its related single tier council; or
b
before the date on which the section 7 order came into force, by the preparing council of its related single tier council,
the plan, scheme, statement or strategy shall be treated, for the period specified in paragraph (3), as if it had been prepared and, if so required, published by the single tier council for the whole or such part of its area as corresponds to the area to which the particular plan, scheme, statement or strategy relates.
2
Paragraph (1) does not apply —
a
in relation to a plan, scheme, statement or strategy of a description referred to in regulation 12(1) or 13(1); or
b
where different provision is made in regulations under section 14 of the 2007 Act.
3
The period referred to in paragraph (1) begins on the reorganisation date and ends on the date on which the single tier council concerned publishes a plan, scheme, statement or strategy which —
a
extends to the whole of its area; and
b
is prepared in substitution for the plan, scheme, statement or strategy prepared by its related predecessor or preparing council (whether that substitution is made expressly or by necessary implication).
4
Nothing in paragraph (1) shall affect the continued validity of a plan, scheme, statement or strategy after the end of the period specified in paragraph (3) for any transitional purpose specified in the plan, scheme, statement or strategy prepared by the single tier council.
PART 5 MEMBERSHIP OF CERTAIN LICENSING AND PLANNING COMMITTEES
Interpretation of Part 5
15
1
In this Part —
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
“ 2009-electing council ” means a single tier council to which elections are to be held in 2009;
“licensing function” means any function conferred by or under —
the Gambling Act 2005 ,
the Licensing Act 2003 , or
any other enactment relating to the licensing of premises for any purpose, where the function is for the time being listed in paragraph B (licensing and registration functions) of Schedule 1 to the 2000 Regulations) (functions not to be the responsibility of an authority’s executive) so far as not covered by any other paragraph of that Schedule;
“planning function” means any function —
conferred by or under Part 3 of the Town and Country Planning Act 1990 (control over development), or
for the time being listed in Section A of Schedule 1 to the 2000 Regulations (functions relating to town and country planning and development control);
“pre-election period”, in relation to a 2009-electing council, means the period beginning on the reorganisation date and ending on the fourth day after the ordinary day of election of councillors in 2009; and
“relevant committee” means a committee of a 2009-electing council established —
under section 6(1) of the Licensing Act 2003 ;
for the purpose of the exercise by the council of any other licensing function; or
for the purpose of the exercise by the council of any planning function.
2
For the purposes of this Part —
a
a 2009-electing council is related to a preparing council if it succeeds the preparing council on the reorganisation date; and
b
a preparing council is related to a predecessor council if it is the successor council to the predecessor council.
Temporary co-opted membership of committees discharging licensing or planning functions
16
1
Subject to paragraph (6), where the Implementation Executive of a 2009-electing council so resolves, a person specified in the resolution who —
a
immediately before the passing of the resolution is a member of the Implementation Executive; and
b
is not a member of the related preparing council,
shall, for the duration of the pre-election period, be a co-opted member of such one or more relevant committees of the 2009-electing council as the Implementation Executive shall specify in the resolution.
2
Subject to paragraph (6), where the Implementation Executive of a preparing council which on the reorganisation date will be a 2009-electing council so resolves before the reorganisation date —
a
a member of the Implementation Executive specified in the resolution who, immediately before the passing of the resolution, is not a member of the related preparing council; or
b
a person specified in the resolution who is a member for the time being of a committee referred to in paragraph (3),
shall, for the duration of the pre-election period, be a co-opted member of such one or more relevant committees as exercise licensing functions as the Implementation Executive shall specify in the resolution.
3
The committee mentioned in paragraph (2) is a committee that discharges licensing functions of a predecessor council that is related to the preparing council concerned.
4
Subject to paragraph (6), where the Implementation Executive of a preparing council which on the reorganisation date will be a 2009-electing council so resolves before the reorganisation date —
a
a member of the Implementation Executive specified in the resolution who, immediately before the passing of the resolution, is not a member of the related preparing council; or
b
a person specified in the resolution who is a member for the time being of a committee referred to in paragraph (5),
shall, for the duration of the pre-election period, be a co-opted member of such one or more relevant committees as exercise planning functions as the Implementation Executive shall specify in the resolution.
5
The committee mentioned in paragraph (4) is a committee that discharges planning functions of a predecessor council that is related to the preparing council concerned.
6
Paragraphs (1), (2) and (4) do not apply where the preparing council is a district council.
7
For the purposes of paragraphs (1), (2) and (4) it is immaterial that a person, who before the reorganisation date is a member of a predecessor council, ceases on that date to be a member of it.
8
Section 102(2) of the 1972 Act shall not apply in relation to a person who is a co-opted member of a relevant committee of a description specified in paragraph (b) or (c) of the definition of “relevant committee”; and the term of office of any such person shall be the pre-election period.
9
Subsection (1) of section 13 of the 1989 Act (voting rights of members of certain committees: England and Wales), shall not apply to a person who is a co-opted member of a relevant committee by virtue of a resolution under paragraph (2) or (4).
10
Nothing in paragraph (1), (2), (4) or (8) shall prevent the Implementation Executive of a 2009-electing council from resolving on or after the reorganisation date —
a
that a person in respect of whom a resolution had been passed under this regulation before that date should from such date as may be specified in the resolution cease to be a co-opted member of a relevant committee; or
b
that a member of the Implementation Executive who was not a member of the 2009-electing council’s related preparing council should be a co-opted member of a relevant committee.
Political balance on certain licensing and planning committees
17
1
Section 15 of 1989 Act (duty to allocate seats to political groups) shall not apply in relation to —
a
the appointment before the reorganisation date by a preparing council to which paragraph (3) applies of persons to be members of a relevant committee of its related 2009-electing council; or
b
the appointment after the reorganisation date by a 2009-electing council of persons to be members of a relevant committee of that council,
where the period of membership falls within the pre-election period.
2
But, subject to paragraphs (4) and (5), in making appointments of the description specified in paragraph (1), the preparing council or the 2009-electing council (as the case may be) shall —
a
so far as practicable, ensure that the seats on the relevant committee are allocated to particular political groups in the same proportion as the seats on the preparing council’s Implementation Executive are for the time being or, in the case of appointments by the 2009-electing council, were immediately before the reorganisation date, filled by persons who are members of particular political groups; and
b
take into account the membership of particular political groups of the persons (if any) in respect of whom the preparing council has resolved (under regulation 15) that they should be co-opted to the relevant committee concerned.
3
This paragraph applies to a preparing council which —
a
before the reorganisation date is a county council, and
b
on that date becomes a 2009-electing council.
4
At any time before the reorganisation date the Implementation Executive of a preparing council which is a county council may resolve that the requirements of paragraph (2) shall not apply to the making of appointments of the description specified in paragraph (1); but this is subject to paragraph (6).
5
At any time during the pre-election period, the Implementation Executive of a 2009-electing council may resolve that the requirements of paragraph (2) shall not apply to the making of appointments of the description specified in paragraph (1); but this is subject to paragraph (6).
6
A resolution may not be passed under paragraph (4) or (5) —
a
unless different provision is made by arrangements approved by the preparing council or, as the case may be, the 2009-electing council in the manner for the time being prescribed in regulations made by the Secretary of State for the purposes of section 17 of the 1989 Act (exceptions to and extensions of political balance requirements); and
b
if any member of the Implementation Executive votes against it.
PART 6 FUNCTIONS RELATING TO TOWN AND COUNTRY PLANNING
Interpretation of Part 6
18
In this Part —
“the 2004 Act ” means the Planning and Compulsory Purchase Act 2004 ;
“the 2004 Regulations ” means the Town and Country Planning (Local Development) (England) Regulations 2004 ;
“the Regional Regulations ” means the Town and Country Planning (Regional Planning) (England) Regulations 2004 ;
“joint committee” means a committee established by an order under section 29(2) of the 2004 Act; and
“related planning successor”, in relation to a predecessor council whose area is to become part of the area of only one single tier council on the reorganisation date, means that single tier council.
Local development documents
19
1
A local development document adopted by a predecessor council under section 23 of the 2004 Act (adoption of local development documents) before the reorganisation date shall have effect on and after that date as if it had been adopted by that council’s related planning successor for such part of its area as corresponds to the area to which the document relates.
2
In paragraph (1) “local development document” must be construed in accordance with section 17 (local development documents) of the 2004 Act.
3
Nothing in paragraph (1) affects any power of the Secretary of State to revoke , or the related planning successor to revise a document to which paragraph (1) relates .
Modifications relevant to regional functions
20
1
Part 1 of the 2004 Act (regional functions) shall have effect until the reorganisation date as if —
a
a shadow council, and a preparing council which is a district council, were authorities falling within section 4(4) (assistance from certain local authorities); and
b
in section 4(4)(a), after “county council”, there were inserted “other than a county council which is a predecessor council within the meaning of the Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008”.
2
The Regional Regulations shall have effect until the reorganisation date as if —
a
a shadow council were a local planning authority; and
b
a county council which is a predecessor council within the meaning of these Regulations were not a local planning authority.
Modifications relevant to local development functions
21
1
Part 2 of the 2004 Act (local development), except as mentioned in regulations 22 and 23, and the 2004 Regulations shall have effect until the reorganisation date —
a
in relation to a successor council, as if it were both a district council and a county council;
b
in relation to a predecessor council which is a district council, as if it were not a local planning authority;
c
in relation to a predecessor council which is a county council, as if it did not have functions under section 14 (survey of areas: county councils) or 16 (minerals and waste development scheme) of the 2004 Act.
2
A predecessor council shall continue to be a relevant authority for the purposes of the 2004 Regulations.
Modifications relevant to local development schemes
22
1
Subject to paragraph (2), section 15 of the 2004 Act (local development scheme) shall have effect in relation to a shadow council or a preparing council which is a county council as if —
a
the geographical area required by subsection (2) to be specified in the scheme did not include such part of the council’s area as relates the area of a predecessor council whose functions under Part 2 of the 2004 Act have been delegated to a joint committee; and
b
in paragraph (b) of subsection (3), for the words from “at such time” to the end of that paragraph, there were substituted “not later than three months before the reorganisation date” (and, accordingly, regulation 10(1) of the 2004 Regulations does not apply).
2
The modification made by paragraph (1) does not have effect as regards any minerals and waste development scheme under section 16 of the 2004 Act.
3
A scheme submitted by a shadow council or a preparing council which is a county council in accordance with section 15 of the 2004 Act as modified by paragraph (1) must specify the documents (if any) —
a
to which paragraph (4) applies; and
b
that were specified by a predecessor council or a joint committee in its local development scheme as documents that were to be local development documents.
4
This paragraph applies to any document adopted by the predecessor council or the joint committee which the shadow council or a preparing council which is a county council has adopted or intends to adopt without revision, to revise, or to invite the Secretary of State to revoke .
Statement of community involvement
23
1
A scheme prepared by a successor council under section 15 of the 2004 Act (as modified as mentioned in regulation 22), may specify that, until the reorganisation date, local development documents are to be prepared and adopted in accordance with Part 6 of the 2004 Regulations.
2
Until the reorganisation date, Part 2 of the 2004 Act shall have effect, in relation to a scheme referred to in paragraph (1) that includes such a specification as is mentioned in that paragraph —
a
as if section 18 and subsections (2) to (4) of section 23 were omitted; and
b
as if it required local development documents to be prepared and adopted in accordance with Part 6 of the 2004 Regulations.
3
Section 20 of the 2004 Act (independent examination) shall not apply as regards a statement of community involvement prepared by a successor council before the reorganisation date where that statement is to have effect as a local development document relating to the whole of the area of the relevant single tier council.
4
In paragraph (3), “relevant single tier council”, in relation to a successor council, means the single tier council which succeeds the successor council on the reorganisation date.
Continuity relevant to section 29 joint committees
24
1
An order under section 29 of the 2004 Act establishing a joint committee of which a predecessor council is a constituent member shall continue to have effect on and after the reorganisation date as if —
a
references to a predecessor council which is a district council were references to the single tier council whose area includes that of the district council;
b
references to the area of a predecessor council which is a district council were references to such part of the area of the single tier council as is coterminous with the area of the district council;
c
references to a predecessor council which is a county council were references to the single tier council referred to in sub-paragraph (a); and
d
references to the area of a predecessor council which is a county council were references to such part of the area of the single tier council as is referred to in sub-paragraph (b).
2
A single tier council to which paragraph (1) applies shall be treated for the purposes of section 29 of the 2004 Act as a county council and, for the purposes of subsection (9) of that section, as a constituent authority of the joint committee.
3
Anything which is in the process of being done by or in relation to a joint committee before the reorganisation date may be continued on and after the reorganisation date —
a
to the extent that it relates to a predecessor council or its area, by or in relation to the single tier council referred to in paragraph (1)(a) or the part of its area referred to in paragraph (1)(b);
b
to any other extent, by or in relation to any other authority (other than a predecessor council) whose functions under Part 2 of the 2004 Act have been delegated to the joint committee.
4
Anything done by or in relation to a joint committee before the reorganisation date shall, so far as is necessary for continuing its effect on or after the reorganisation date, have effect as if done —
a
to the extent that it relates to a predecessor council or its area, by or in relation to the single tier council referred to in paragraph (1)(a) or the part of its area referred to in paragraph (1)(b);
b
to any other extent, by or in relation to any other authority (other than a predecessor council) whose functions under Part 2 of the 2004 Act have been delegated to the joint committee.
5
Paragraphs (1) to (3) shall cease to have effect as regards an area on whichever is the earlier of —
a
the date on which the last of such of the documents mentioned or referred to in the agreement under section 29(1) of the 2004 Act to which the order under that section gives effect (being documents required under any provision of Part 2 of the 2004 Act to be adopted) is adopted; and
b
the third anniversary of the reorganisation date,
and the date so ascertained is referred to in the following paragraph as the relevant date.
6
On the date that is the relevant date as regards an area, the order under section 29 relevant to that area shall be treated as revoked; and section 29 of the 2004 Act shall have effect as if —
a
the reference in subsection (5) to annulment in pursuance of a resolution of either House of Parliament were a reference to this paragraph; and
b
the reference in subsection (5)(a) to the date of the resolution were a reference to the relevant date.
PART 7 FUNCTIONS RELATING TO EDUCATION
Schools Forums
25
1
Not later than three months before the reorganisation date, a successor council to which this paragraph applies shall establish for its area a body, to be known as a transitional schools forum, representing —
a
the governing bodies and head teachers of schools in its area that are maintained by a local education authority; and
b
if the successor council so determines, such bodies as it may determine.
2
Paragraph (1) applies to a successor council which, on the date on which these Regulations come into force, is either —
a
a preparing council other than a county council, or
b
a shadow council.
3
The Schools Forums (England) Regulations 2002 shall apply in relation to the composition, meetings and proceedings of transitional schools forums and the expenses of their members as they apply in relation to schools forums established by local education authorities and the expenses of the members of such forums as if —
a
references to the relevant authority, except in relation to the maintenance of a school, included references to a successor council to which paragraph (1) above applies;
b
regulation 2 (establishment of schools forum) were omitted; and
c
in regulation 9 (consultation on financial issues) —
i
for “annually” there were substituted “in respect of the financial year beginning on the reorganisation date”; and
ii
after paragraph (2) there were inserted —
3
.In paragraph (1) “reorganisation date” has the same meaning as in the Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008.
.
4
A transitional schools forum shall be treated for the purposes of —
a
subsection (3) of section 47A of the School Standards and Framework Act 1998 and the financial year beginning on the reorganisation date,
b
subsection (8) of that section (expenses of schools forum), and
c
regulations under that section or section 45A(3) of that Act ,
as if it were established by a local education authority under section 47A(1) of that Act.
5
On the establishment of a transitional schools forum for an area —
a
the functions under section 47A of the Schools Standards and Framework Act 1988 of the local education authority for that area, and
b
the functions of the schools forum established by that authority,
shall cease to be exercisable as regards that area and the financial year beginning on the reorganisation date.
PART 8 MISCELLANEOUS TRANSITIONAL PROVISONS
Application of Part 6 of the Local Government and Housing Act 1989
26
1
Part 6 of the Local Government and Housing Act 1989 (housing finance) shall have effect, in relation to functions falling to be discharged under that Part before the reorganisation date and as regards the financial year beginning on 1st April 2009, by a preparing council which is a county council, or by a shadow council, as if the council were a local housing authority within the meaning of that Part .
2
In relation to functions falling to be discharged as mentioned in paragraph (1), Part 6 of the Local Government and Housing Act 1989 shall have effect as if a predecessor council were not a local housing authority.
Functions under the Homelessness Act 2002
27
Where functions under the Homelessness Act 2002 , other than those referred to in regulation 12(1)(c), fall to be discharged by a preparing council which is a county council or by a shadow council —
a
before the reorganisation date, and
b
as regards the financial year beginning on that date,
references in that Act to a local housing authority shall be taken to include references to a council of either of those descriptions.
Reports of statutory audits, inspections and investigations
28
1
A predecessor council which receives from an auditor, inspector or investigator, in the performance of duties under any enactment, a report (whether in draft or final form), shall immediately copy it —
a
where its related preparing council has an Implementation Executive, to the proper officer of the Implementation Executive;
b
in any other case, to the proper officer of its related preparing or shadow council (as the case may be).
2
In paragraph (1) —
“proper officer” means the officer appointed for the purpose by the council or the Implementation Executive (as the case may be); and
“report” includes the results of an inspection or investigation.
3
A predecessor council which is minded to vary, in a material respect, any of its policies, procedures or structures —
a
for the purpose of giving effect to a recommendation made in a report referred to in paragraph (1); or
b
in consequence of the council’s consideration of such a report,
shall not pass a resolution to vary the policy, procedure or structure in that respect at any time in the period specified in paragraph (4) unless it has complied with the requirements of paragraph (5).
4
The period referred to in paragraph (3) begins on the date on which these Regulations come into force and ends on the reorganisation date.
5
The requirements of this paragraph are that the predecessor council —
a
has consulted its related preparing council or its related shadow council (as the case may be) (“the consultee”) about the proposed variation;
b
has allowed the consultee a reasonable time within which to respond; and
c
has taken into account any comments received from the consultee within the period allowed for responding.
6
For the purposes of paragraphs (1), (3) and (5) —
a
a preparing council is related to a predecessor council if it is the successor council to the predecessor council; and
b
a shadow council is related to a predecessor council if it is the successor council to the predecessor council.
Changing governance arrangements: single tier county councils with 2008 elections
29
1
This regulation applies to a single tier council which —
a
is a county council;
b
is required by a section 7 order to hold an election of its councillors in 2008; and
c
intends to make a change in governance arrangements to a leader and cabinet executive (England).
2
In relation to a council to which this regulation applies, the following provisions shall not apply —
a
subsections (4) and (5) of section 33G of the Local Government Act 2000 (implementation: new executive or move to executive arrangements),
b
paragraph 3(3) of Schedule 4 to the 2007 Act, and
c
to the extent that it defines “relevant elections”, paragraph 5(1) of that Schedule.
3
Subsection (2) of section 33G of the Local Government Act 2000, as applied to a council to which this regulation applies by paragraph 3(2) of Schedule 4 to the 2007 Act, shall have effect as if, for the words from the beginning to “elections”, there were substituted “On the day before the first meeting of the council after the reorganisation date,”.
Election of leader: leader and cabinet executives of single tier councils with 2008 elections
30
For the purposes of section 44A(2) of the Local Government Act 2000 (election of leader: whole-council elections), a council of the description specified in regulation 29 shall treat its first meeting after the reorganisation date as its post-election annual meeting .
Review of plans under the Pipelines Safety Regulations 1996
31
1
It shall be the duty of each shadow council and each preparing council which is a county council to review and, where appropriate, revise any plan prepared under regulation 25 (emergency plans in case of major accidents) of the Pipelines Safety Regulations 1996 (“a regulation 25 plan”) which, by virtue of regulation 14 of these Regulations, is to have effect in the council’s area on and after the reorganisation date.
2
The duty imposed by paragraph (1) shall be discharged before the reorganisation date.
3
On and after the reorganisation date, paragraph (3) of regulation 25 of the Pipelines Safety Regulations 1996 shall have effect in relation to a single tier council for whose area there is a regulation 25 plan as if after “every three years” there were inserted “beginning with the period of three years that commences in the third year after that in which the reorganisation date falls”.
Honorary aldermen
32
1
Subsection (1) of section 249 of the 1972 Act (honorary aldermen and freemen) shall have effect in relation to a principal council which is a predecessor council as if, for the words from “as past members” to the end, there were substituted “as past or serving members of the council”.
2
Where, by virtue of a section 7 order, a local government area is abolished on the reorganisation date, any person who, immediately before that date, is an honorary alderman of the predecessor council for that area shall, on that date —
a
where there is more than one related single tier council for that area, become an honorary alderman of the council (whether a related single tier council or another local authority) whose area includes the whole or the greater part of the electoral area for which the person was last returned as a councillor of the predecessor council;
b
in any other case, become an honorary alderman of the related single tier council.
3
In relation to a person to whom paragraph (2) applies, references in subsections (2) and (4) of section 249 of the 1972 Act which, immediately before the reorganisation date, fall to be construed as references to the predecessor council shall, on and after that date, be construed as references to the council of which that person becomes an honorary alderman on that date.
Honorary freemen
33
1
A person who, before the reorganisation date, has been admitted as an honorary freeman of a local government area that is abolished by a section 7 order (an “abolished area”) shall, on that date, be treated as having been admitted as an honorary freeman of the area described in paragraph (2), notwithstanding that the area so described is not on that date an area to which persons may be admitted as honorary freemen .
2
The area is that which, on the reorganisation date, comprises or includes the abolished area, and for which, on and after that date, there is a single tier of local government.
PART 9 CONSEQUENTIAL AMENDMENT OF THE LOCAL GOVERNMENT (CHANGES FOR ENGLAND) REGULATIONS 1994
Consequential amendment of the Local Government (Changes for England) Regulations 1994
34
The Local Government (Changes for England) Regulations 1994 are amended, in regulation 5 (references in enactments, by the substitution for paragraphs (6) and (7) of —
6
In relation to an area for which, as a result of an order under section 17 of the Act, there is a district council but no county council, any reference in a provision to a county council or a county shall, so far as is required for giving effect to the provision, be construed as including a reference to a district council or, as the case may be, a district.
7
In relation to an area for which, as a result of an order under section 17 of the Act, there is a county council but no district councils, any reference in a provision to a district council or a district shall, so far as is required for giving effect to the provision, be construed as including a reference to a county council or, as the case may be, a county.
.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
5th November 2008


type: legislation

jurisdiction: UK

text:
1
This Instrument may be cited as “The Knowsley Metropolitan Borough Council (M62 Motorway, Junction 6 Improvements) Scheme 2008 Confirmation Instrument 2008” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Knowsley Metropolitan Borough Council (M62 Motorway, Junction 6 Improvements) Scheme 2008 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plan) and copies of the Scheme with its accompanying plan are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA, and at the offices of the Knowsley Metropolitan Borough Council, Corporate Services, PO Box 21, Archway Road, Huyton, Knowsley, Merseyside L36 9YU.
Signed by authority of the Secretary of State for Transport,
J Blackie
Regional Director Government Office for the North East
30 December 2008


text:
Citation
1
This Order may be cited as the Northern Ireland (Miscellaneous Provisions) Act 2006 (Commencement No. 4) Order 2008.
Commencement of provisions
2
1
The provisions of the Northern Ireland (Miscellaneous Provisions) Act 2006 specified in paragraph (2) shall come into force on the day after the day on which this Order is made.
2
The provisions referred to in paragraph (1) are —
a
section 6 (alteration of registers: pending elections);
b
paragraphs 1 to 6 and sub-paragraphs 7(2)(b) to 7(5) of Schedule 4 (minor and consequential amendments); and
c
section 30(1) (minor and consequential amendments etc ) in so far as it relates to the provisions referred to in sub-paragraph (b).
Paul Goggins
Minister of State
Northern Ireland Office
13th May 2008


text:
PART 1 Preliminary
Citation and commencement
1
These Regulations may be cited as the Batteries and Accumulators (Placing on the Market) Regulations 2008 and shall come into force on 26th September 2008.
Interpretation
2
1
In these Regulations —
“appliance” means any electrical or electronic equipment, as defined by Directive 2002/96/ EC of the European Parliament and of the Council on waste electrical and electronic equipment , which is fully or partly powered by batteries or accumulators or is capable of being so;
“battery” or “accumulator” means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non-rechargeable) or consisting of one or more secondary battery cells (rechargeable);
“battery pack” means any set of batteries or accumulators that are connected together or encapsulated within an outer casing so as to form a complete unit that the end-user is not intended to split up or open;
“button cell” means any small round portable battery or accumulator whose diameter is greater than its height and which is used for special purposes such as hearing aids, watches, small portable equipment and back-up power;
“compliance notice” has the meaning given in regulation 13(2);
“crossed out wheeled bin symbol” has the meaning given in regulation 5(1);
“enforcement notice” has the meaning given in regulation 14(2);
“enforcement officer” means an officer of the Secretary of State or an officer of a person appointed to act on behalf of the Secretary of State for the purposes of enforcing these Regulations;
“European Economic Area” means the area comprised by the EEA states;
“infringing goods” means batteries or accumulators or appliances the characteristics, contents or labelling of which are not such as are permitted or required by Part 2 and which were placed on the market on or after 26th September 2008; and
“placing on the market” means supplying or making available, whether in return for payment or free of charge, to a third party within the European Economic Area and includes import into the customs territory of the Community as defined in Article 3 of Regulation 450/2008/EC of the European Parliament and of the Council laying down the Community Customs Code , and “place on the market” and “placed on the market” shall be construed accordingly.
2
In these Regulations, except in paragraph (1), any reference to a battery shall be construed as being a reference to a battery or an accumulator.
Application
3
1
These Regulations apply to —
a
all types of batteries, regardless of their shape, volume, weight, material composition or use; and
b
all appliances into which a battery is or may be incorporated.
2
These Regulations do not apply to batteries used in —
a
equipment connected with the protection of the essential security interests of EEA states, such as arms, munitions and war material, and intended for specifically military purposes; or
b
equipment designed to be sent into space.
PART 2 Prohibitions and labelling requirements
Prohibitions on mercury and cadmium
4
1
No person shall place on the market —
a
a battery that contains more than 0.0005% of mercury by weight;
b
a portable battery that contains more than 0.002% of cadmium by weight.
2
The prohibition in paragraph (1)(a) shall not apply to a button cell with a mercury content of no more than 2% by weight.
3
The prohibition in paragraph (1)(b) shall not apply to a portable battery intended for use in —
a
emergency and alarm systems, including emergency lighting;
b
medical equipment; or
c
a cordless power tool.
4
This regulation does not apply to a battery which is a component of a vehicle for the purposes of regulation 6 of the End-of-Life Vehicles Regulations 2003 .
5
In this regulation —
“portable battery” means any battery or battery pack which is —
sealed,
can be hand-carried by an average natural person without difficulty, and
is neither an automotive battery nor an industrial battery;
“automotive battery” means any battery used for automotive starter, lighting or ignition power;
“industrial battery” means any battery or battery pack which is —
designed exclusively for industrial or professional uses,
used as a source of power for propulsion in an electric vehicle,
unsealed but is not an automotive battery, or
sealed but is not a portable battery;
“electric vehicle” means a vehicle which uses electricity as a source of power for propulsion and includes a vehicle which in addition uses, or is capable of using, other sources of power for this purpose; and
“cordless power tool” means a hand-held appliance powered by a battery and intended for maintenance, construction or gardening activities.
Marking with crossed out wheeled bin symbol
5
1
No person shall place on the market any battery or battery pack unless it is marked with the symbol shown in Schedule 1 (the “crossed out wheeled bin symbol”).
2
Subject to paragraph (3), the crossed out wheeled bin symbol shall cover at least 3% of the area of the largest side of the battery or battery pack and shall have a maximum size of 5 x 5 centimetres.
3
In the case of cylindrical cells, the crossed out wheeled bin symbol shall cover at least 1.5% of the surface area of the battery and shall have a maximum size of 5 x 5 centimetres.
4
Where the size of the battery or battery pack is such that the crossed out wheeled bin symbol would be smaller than 0.5 x 0.5 centimetres, the battery or battery pack need not be marked but a crossed out wheeled bin symbol measuring at least 1 x 1 centimetre shall be printed on the packaging.
5
The crossed out wheeled bin symbol shall be printed visibly, legibly and indelibly.
Marking with mercury, cadmium and lead symbols
6
1
No person shall place on the market —
a
a button cell containing more than 0.0005% of mercury by weight unless it is marked with the chemical symbol “Hg”;
b
a battery containing more than 0.002% of cadmium by weight unless it is marked with the chemical symbol “Cd”;
c
a battery containing more than 0.004% of lead by weight unless it is marked with the chemical symbol “Pb”.
2
Each of the chemical symbols mentioned in paragraph (1) shall —
a
be printed beneath the crossed out wheeled bin symbol;
b
cover an area of at least one quarter the size of that symbol; and
c
be printed visibly, legibly and indelibly.
Appliances into which batteries are or may be incorporated
7
1
No person shall place on the market an appliance into which a battery is or may be incorporated unless that appliance is —
a
designed in such a way that a waste battery can be readily removed from that appliance; and
b
accompanied by instructions showing how the battery can be removed safely and, where appropriate, informing the end-user of the type of the incorporated battery.
2
Paragraph (1) shall not apply where for safety, performance, medical or data integrity reasons continuity of power supply is necessary and requires a permanent connection between the appliance and the battery.
3
In this regulation “waste battery” means any battery which is waste within the meaning of Article 1(1)(a) of Directive 2006/12/EC of the European Parliament and of the Council on waste .
PART 3 Enforcement
Enforcement authority
8
1
It shall be the duty of the Secretary of State to enforce these Regulations.
2
The Secretary of State may appoint a person to act on behalf of the Secretary of State for the purposes of paragraph (1).
3
The Secretary of State shall not commence proceedings for an offence in Scotland.
Test purchases
9
1
The Secretary of State may purchase batteries or appliances for the purpose of ascertaining whether or not they are infringing goods.
2
If —
a
a battery or an appliance purchased under this regulation is submitted to a test;
b
the test leads to the bringing of proceedings for an offence under regulation 15(1); and
c
a person —
i
from whom the battery or the appliance was purchased;
ii
who is a party to the proceedings; or
iii
who has an interest in the battery or the appliance which is identified as infringing goods in an enforcement notice,
requests the Secretary of State to allow that person to have the battery or the appliance tested,
the Secretary of State shall, if it is practicable for such a test to be carried out, allow that person to have the battery or the appliance tested.
Power to require production of documents and information by notice
10
1
If the Secretary of State reasonably believes that a person possesses information or documents which may provide evidence as to whether or not batteries or appliances are infringing goods, the Secretary of State may give that person notice in writing, requiring that person to provide the Secretary of State with that information, those documents, or copies of them.
2
A notice given under paragraph (1) shall state the period of time within which the person to whom it is given must comply with it: this shall be a period which is reasonable in all the circumstances, and shall not in any event be less than fourteen days.
Further powers to obtain evidence
11
1
The powers specified in paragraphs (3) and (4) may be exercised where the Secretary of State reasonably believes that their exercise will enable the Secretary of State to obtain evidence as to whether or not batteries or appliances are infringing goods.
2
Before exercising any of the powers specified in paragraph (3) or (4), enforcement officers shall, if so requested, produce a copy of their authorisations to act as enforcement officers.
3
Enforcement officers may —
a
enter at any reasonable time any premises other than premises occupied only as a person’s residence;
b
examine and investigate —
i
any process of assembly or manufacture; or
ii
any other aspect of the supply,
of a battery or an appliance, or the component parts of any such battery or appliance, taking place on, or organised from, such premises;
c
take such measurements and photographs and make such recordings as are necessary for the purpose of any examination or investigation under sub-paragraph (b)(i); and
d
require any person on such premises to afford them such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable them to exercise any of the powers conferred on them by sub-paragraphs (b) and (c) with due regard to the health and safety of themselves and others.
4
When enforcement officers have exercised the power of entry under paragraph (3)(a), or when, with a view to ascertaining whether or not batteries or appliances are infringing goods, they have agreed to meet, at a specified time and place, a person in whose possession they reasonably believe there is evidence of the kind referred to in paragraph (1), they may —
a
take samples of any articles or substances found on or in the vicinity of the premises they have entered or which are in that person’s possession;
b
require any person on the premises or at the meeting to produce, or, where the information is recorded in computerised form, furnish extracts in legible form from, any records to which that person has access —
i
which it is necessary for the enforcement officers to see for the purposes of an examination or investigation under paragraph (3)(b); or
ii
which take the form of existing documents which the Secretary of State could require to be produced under regulation 10,
and inspect and take copies of, or of any entry in, the records; and
c
take possession of articles or substances of the kind referred to in sub-paragraph (a) or records of the kind referred to in sub-paragraph (b), and detain them for so long as is necessary to —
i
examine them, or cause them to be examined;
ii
ensure that they are not tampered with before examination of them is completed; and
iii
ensure that they are available for use in evidence in any proceedings for an offence under regulation 15(1) or (3).
5
Where enforcement officers exercise a power conferred by paragraph (4)(a) or (b), instead of immediately —
a
taking the samples of articles or substances; or
b
requiring the production of the records,
they may require them (or, in the case of records, copies of them) to be produced at such time and place and by such means as they may reasonably specify.
Powers of entry: supplementary
12
1
When enforcement officers enter premises by virtue of regulation 11(3)(a), they may take with them such other persons and such equipment or materials as they reasonably consider it necessary or expedient to have with them —
a
for the purpose of establishing whether or not batteries or appliances are infringing goods; and
b
to assist them in exercising any of their powers under regulation 11(3)(b) and (c).
2
Enforcement officers who enter any premises by virtue of regulation 11(3)(a) may direct that those premises, or any part of them, or anything in them, shall be left undisturbed for so long, and to such extent, as is reasonably necessary for the purpose of the exercise of any of their powers under regulation 11(3)(b) and (c).
3
Where enforcement officers leave any premises that they have entered by virtue of regulation 11(3)(a) and such premises are unoccupied or their occupier is temporarily absent, they shall leave them as effectively secured against a trespasser as they found them.
Compliance notice
13
1
The Secretary of State may serve a notice on any person who —
a
places on the market; or
b
supplies or makes available in the United Kingdom in the course of business,
batteries or appliances which the Secretary of State has reasonable grounds to suspect are infringing goods.
2
A notice served under paragraph (1) (a “compliance notice”) shall —
a
identify the alleged infringing goods (the “specified goods”);
b
state why the Secretary of State suspects that the specified goods are infringing goods;
c
specify what action the Secretary of State considers the person on whom the notice is served needs to take, or to refrain from taking, in order —
i
to cause the specified goods to cease to be infringing goods, or
ii
where it is not possible for them to cease to be infringing goods, to withdraw them from the market or to cease to supply or to make them available in the United Kingdom; and
d
state that, if that person does not take, or refrain from taking, such action within such period as the notice specifies, and the Secretary of State considers that the specified goods continue to be infringing goods, the Secretary of State may —
i
take further action under regulation 14; or
ii
in the case of an alleged contravention of a requirement of Part 2, commence proceedings under regulation 15(1)(a), (b) or (c).
3
No proceedings shall be commenced against a person under regulation 15(1)(a), (b) or (c) in respect of an alleged contravention of a requirement of Part 2 where —
a
a compliance notice has been served on that person in respect of the alleged contravention; and
b
the period specified under paragraph (2)(d) in that notice has not come to an end.
Enforcement notice
14
1
Where the Secretary of State serves a compliance notice on a person and, at the end of the period specified in the notice under regulation 13(2)(d) —
a
it appears to the Secretary of State that that person has failed to take, or to refrain from taking, the action specified in the compliance notice under regulation 13(2)(c); and
b
the Secretary of State has reasonable grounds for considering that the specified goods are infringing goods,
the Secretary of State may serve a further notice on that person.
2
A notice served under paragraph (1) (an “enforcement notice”) shall —
a
identify the specified goods;
b
state why the conditions in paragraph (1) are satisfied in relation to the specified goods;
c
specify the period ending not less than twenty-one days from the date of the notice, within which the person on whom the notice is served is required to take, or to refrain from taking, such action as is specified in the notice;
d
state that, if that person does not take, or refrain from taking, such action within the period specified in the notice, and the Secretary of State considers that the specified goods continue to be infringing goods, the Secretary of State may commence proceedings under regulation 15(1); and
e
state the judicial remedies available to that person and the time limits to which those remedies are subject.
3
An enforcement notice may —
a
require the specified goods to be modified so as to cease to be infringing goods;
b
require the specified goods to be withdrawn from the market;
c
prohibit or restrict the specified goods from being supplied or made available in the United Kingdom in the course of business; or
d
prohibit or restrict the placing on the market of the specified goods.
4
No proceedings shall be commenced against a person under regulation 15(1) in connection with any specified goods which it is alleged are infringing goods where —
a
an enforcement notice relating them has been served on that person in respect of those specified goods; and
b
the period specified under paragraph (2)(c) in that notice has not come to an end.
5
In this regulation “specified goods” means the alleged infringing goods that have been identified in a compliance notice in accordance with regulation 13(2)(a).
Offences
15
1
A person who contravenes or fails to comply with any of the requirements of —
a
regulation 4,
b
regulation 5 or 7,
c
regulation 6, or
d
an enforcement notice,
shall be guilty of an offence.
2
A person who intentionally obstructs an enforcement officer who is acting pursuant to any provision of this Part shall be guilty of an offence.
3
A person who is subject to a requirement imposed under regulation 10 or 11(3)(d), (4) or (5) to provide information, documents or records (or copies of information, documents or records) shall be guilty of an offence —
a
if that person fails, without reasonable excuse, to comply with that requirement; or
b
if —
i
any information, document or record which that person provides in response to that requirement is false or misleading in a material respect; or
ii
any statement which that person makes in response to that requirement is false or misleading in a material respect,
and that person either knows that it is false or misleading in a material respect or is reckless as to whether it is false or misleading in a material respect.
Penalties
16
1
A person who is guilty of an offence under regulation 15(1)(a) or (d) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
2
A person who is guilty of an offence under regulation 15(1)(b) or (c), (2) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Power of the court to require matters to be remedied
17
1
Where a person is convicted of an offence under regulation 15(1) in respect of any matters which appear to the court to be matters which it is in that person’s power to remedy, the court may, in addition to or instead of imposing any punishment, order that person, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying those matters.
2
The time fixed by an order under paragraph (1) may be extended or further extended by order of the court on an application made before the end of the time as originally fixed or as extended under this paragraph, as the case may be.
3
Where a person is ordered under paragraph (1) to remedy any matters, that person shall not be guilty of an offence under regulation 15(1) in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under paragraph (2).
Recovery of expenses of enforcement
18
1
This regulation applies where a court convicts a person of an offence under regulation 15(1)(a), (c) or (d).
2
The court may (in addition to any other order it may make as to costs or expenses) order the person convicted to reimburse the Secretary of State for any expenditure which the Secretary of State has incurred in investigating the offence, including in having the battery or appliance in respect of which the offence was committed tested.
Commencement of proceedings
19
In England and Wales a magistrates’ court may try an information, and in Northern Ireland a magistrates’ court may try a complaint, in relation to an offence under these Regulations if the information is laid or if the complaint is made within twelve months from the time when the offence is committed. In Scotland summary proceedings for such an offence may be begun at any time within twelve months from the time when the offence is committed.
Defence of due diligence
20
1
Subject to the following provisions of this regulation, in proceedings for an offence under regulation 15(1)(a), (c) or (d), a person who is shown to have taken all reasonable steps and exercised all due diligence to avoid committing the offence shall have a defence.
2
Where, in any proceedings against a person for such an offence, the defence provided by paragraph (1) involves an allegation that the commission of the offence was due to —
a
the act or default of another; or
b
reliance on information given by another,
such a defence shall not, without leave of the court, be relied on unless, not later than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), that person has served a notice in accordance with paragraph (3) on the person bringing the proceedings.
3
A notice under this regulation shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time it is served.
4
A person shall not be entitled to rely on the defence provided by paragraph (1) by reason of that person’s reliance on information supplied by another, unless it is shown that it was reasonable in all the circumstances for that person to have relied on the information, having regard in particular to —
a
the steps which that person took and those which might reasonably have been taken, for the purpose of verifying the information; and
b
whether that person had any reason to disbelieve the information.
Liability of persons other than the principal offender
21
1
Where the commission by a person of an offence under these Regulations is due to anything which another person did or failed to do in the course of a business, that other person shall be guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against the first person.
2
Where a body corporate commits an offence and it is proved that the offence was committed —
a
with the consent or connivance of an officer of the body corporate; or
b
as a result of the negligence of an officer of the body corporate,
the officer, as well as the body corporate, shall be guilty of the offence.
3
In paragraph (2) a reference to an officer of a body corporate includes a reference to —
a
a director, manager, company secretary or other similar officer of the body corporate;
b
a person purporting to act as a director, manager, company secretary or other similar officer; and
c
if the affairs of a body corporate are managed by its members, a member.
4
In this regulation references to a “body corporate” include references to a partnership in Scotland, and in relation to such partnership, any reference to a director, manager, company secretary or other similar officer of a body corporate is a reference to a partner.
Service of documents
22
1
Any document required or authorised by these Regulations to be served on a person may be so served —
a
by delivering it to that person or by leaving it at that person’s proper address or by sending it by post to that person at that address; or
b
if a person is a body corporate, by serving it in accordance with sub-paragraph (a) on the secretary, clerk or other similar officer of that body corporate; or
c
if the person is a partnership, by serving it in accordance with sub-paragraph (a) on a partner or on a person having control or management of the partnership business.
2
For the purposes of paragraph (1), and for the purposes of section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to that paragraph, the proper address of any person on whom a document is to be served in accordance with these Regulations shall be that person’s last known address except that —
a
in the case of service on a body corporate or its secretary, clerk or other similar officer, it shall be the address of the registered or principal office of the body corporate;
b
in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the principal office of the partnership;
and for the purposes of this paragraph, the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
PART 4 Miscellaneous
Restrictions on enforcement powers and use of certain evidence under them
23
1
Nothing in these Regulations shall be taken as —
a
requiring a person to produce any document which that person would be entitled to refuse to produce in any proceedings in any court on the grounds that it is the subject of legal professional privilege or, in Scotland, that it contains a confidential communication made by or to an advocate or solicitor in that capacity; or
b
authorising a person to take possession of any document which is in the possession of a person who would be so entitled.
2
A statement by a person in response to a requirement imposed by virtue of regulation 10 may only be used in evidence against that person —
a
on a prosecution for an offence under regulation 15(3)(b); or
b
on a prosecution for some other offence where in giving evidence that person makes a statement inconsistent with it.
3
But the statement may not be used against that person by virtue of paragraph (2)(b) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of that person in the proceedings arising out of the prosecution.
Amendment of the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004
24
Schedule 1 to the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004 is amended by the addition, at the end, of the following entry —
The Batteries and Accumulators (Placing on the Market) Regulations 2008.
.
Revocations
25
Schedule 2 (revocations) shall have effect.
Malcolm Wicks
Minister of State for Energy,
Department for Business, Enterprise and Regulatory Reform
8th August 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No. 5) Order 2008.
2
In this Order, “the 2008 Act ” means the Criminal Justice and Immigration Act 2008.
Appointed Dates
2
1
The date appointed for the coming into force of the following provisions of the 2008 Act is the day after the day on which this Order is made —
a
section 49 (Protection for spent cautions under Rehabilitation of Offenders Act 1974);
b
section 50 (Criminal conviction certificates and criminal record certificates);
c
section 148(2) (Consequential etc. amendments and transitional and saving provision) in so far as it relates to the entries in sub-paragraph (e);
d
Schedule 10 (protection for spent cautions under Rehabilitation of Offenders Act 1974); and
e
paragraphs 19 and 20 of Schedule 27 (Consequential etc. amendments and transitional and saving provision).
2
The date appointed for the coming into force of the following provisions of the 2008 Act in relation to English NHS premises is 1st January 2009 —
a
section 119(4) (Offence of causing nuisance or disturbance on NHS premises);
b
section 120(5) and (6) (Power to remove person causing nuisance or disturbance); and
c
section 121(1) to (3), (5) and (6) (Guidance about the power to remove etc.).
Signed by the authority of the Secretary of State
Maria Eagle
Parliamentary Under Secretary of State
Ministry of Justice
18th December 2008


text:
Citation and commencement
1
1
This Order may be cited as the Education (Listed Bodies) (England) (Amendment) Order 2008 and comes into force on 21st November 2008.
Amendment of the Education (Listed Bodies) (England) Order 2007
2
The Education (Listed Bodies) (England) Order 2007 is amended as follows —
3
In section 1 of part 1 the Schedule —
a
Omit —
i
“Arts Institute at Bournemouth, The”;
ii
“Ashridge Management College”;
iii
“Belfast Institute of Further and Higher Education”;
iv
“Birmingham College of Food, Tourism and Creative Studies”;
v
“Birmingham International College”;
vi
“Central College”;
vii
“Josiah Mason College”;
viii
“Keighley College”;
ix
“Limavady College of Further and Higher Education”;
x
“London School of Accountancy and Management”;
xi
“Newry City Institute”;
xii
“North Down and Ards Institute”;
xiii
“North East Wales Institute of Higher Education ( NEWI )”;
xiv
“Norwich School of Art and Design”;
xv
“Omagh College”;
xvi
“Pershore Group of Colleges”;
xvii
“Saxon College”;
xviii
“Suffolk College”;
xix
“Swansea Institute of Higher Education”;
xx
“ UHI Millennium Institute”; and
xxi
“Westminster College of Computing”.
b
for “Brooklands College”, substitute “Brooklands Technical College”;
c
for “City Literary Institute”, substitute “City Lit”;
d
for “Coleg Llandrillo”, substitute in the appropriate place “Llandrillo College (known as Coleg Llandrillo)”;
e
for “East Durham and Houghall Community College”, substitute “East Durham College”
f
for “Lauder College”, substitute in the appropriate place “Carnegie College”;
g
for “Otley College”, substitute “Otley College of Agriculture and Horticulture”;
h
for “Regents Theological College”, substitute “Regents Theological College, Nantwich”;
i
for “St John Rigby College”, substitute “St John Rigby Roman Catholic Sixth Form College”;
j
for “Stockport College”, substitute “Stockport College of Further and Higher Education”;
k
for “Tresham Institute of Further and Higher Education”, substitute “Tresham Institute”;
l
for “Trinity and All Saints College”, substitute in the appropriate place “Leeds Trinity and All Saints”;
m
for “Warwickshire College”, substitute “Warwickshire College, Royal Leamington Spa, Rugby and Moreton Morrell”; and
n
for “Yorkshire Coast College”, substitute “Yorkshire Coast College of Further and Higher Education”.
4
In section 1 of part 1 of the Schedule —
a
Insert in the appropriate place —
i
“Alpha Meridian College”;
ii
“Belfast Metropolitan College”;
iii
“Brittin College”;
iv
“City of London College”;
v
“Clydebank College”;
vi
“Court Theatre Training Company”;
vii
“EThames Graduate School”;
viii
“London College of Business”;
ix
“North West Regional College”;
x
“Northern Regional College”
xi
“Rayat London College”;
xii
“Resource Development International”;
xiii
“School of Psychotherapy and Counselling Psychology”;
xiv
“South Eastern Regional College”;
xv
“Southern Regional College”;
xvi
“South West College”;
xvii
“Stephenson College”;
xviii
“TASMAC London School of Business”;
xix
“Thurrock and Basildon College”;
xx
“Wessex Institute of Technology”; and
xxi
“West London College”.
5
In section 2 of part 1 of the Schedule —
a
Omit —
i
“Armagh College of Further and Higher Education”;
ii
“Barking and Dagenham Borough Council”;
iii
“Brooklands College”;
iv
“Castlereagh College of Further and Higher Education”;
v
“Causeway Institute of Further and Higher Education”;
vi
“East Antrim Institute of Further and Higher Education”;
vii
“East Down Institute of Further and Higher Education”;
viii
“Fermanagh College”;
ix
“Lisburn Institute”;
x
“London Academy for Higher Education”;
xi
“North East Institute of Further and Higher Education”;
xii
“North West Institute of Further and Higher Education”;
xiii
“Thurrock and Basildon College”;
xiv
“Upper Bann Institute of Further and Higher Education”; and
xv
“Waltham Forest College”.
b
for “Ashton Sixth Form College”, substitute “Ashton-Under-Lyne Sixth Form College”;
c
for “Bournville College”, substitute “Bournville College of Further Education”;
d
for “Cirencester College”, substitute “Cirencester Tertiary College”;
e
for “Dudley College”, substitute “Dudley College of Technology”;
f
for “Halton College”, substitute in the appropriate place “Riverside College Halton”;
g
for “Highbury College”, substitute “Highbury College, Portsmouth”;
h
for “Mid-Cheshire College”, substitute “Mid-Cheshire College of Further Education”;
i
for “North West Kent College”, substitute “North West Kent College of Technology”;
j
for “Orpington College”, substitute “Orpington College of Further Education”;
k
for “Park Lane College”, substitute “Park Lane College, Leeds”;
l
for “Plymouth College of Further and Higher Education”, substitute in the appropriate place “City College, Plymouth”;
m
for “Richard Huish College”, substitute “Richard Huish College, Taunton”;
n
for “Sir George Monoux College”, substitute “Sir George Monoux Sixth Form College”;
o
for “Stroud College in Gloucestershire”, substitute “Stroud College of Further Education”; and
p
for “York College of Further and Higher Education”, substitute “York College”.
6
In section 2 of part 1 of the Schedule —
a
Insert in the appropriate place —
i
“Coleg Harlech WEA(N)”;
ii
“Creative Academy”; and
iii
“Kaplan Aspect”.
David Lammy
Minister of State
Department for Innovation, Universities and Skills
4th November 2008


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Asylum and Immigration Tribunal (Fast Track Procedure) (Amendment) Rules 2008 and come into force on 12th May 2008.
2
In these Rules a reference to a rule or Schedule by number alone is to the rule or Schedule so numbered in or to the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 .
Amendments to the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005
2
In rule 6 —
a
in paragraph (e) delete “ and”;
b
in paragraph (f) for “19.” substitute “19;”; and
c
after paragraph (f) insert —
g
rule 20, provided that this Part applies to all of the appeals proposed to be heard together.
3
In rule 13 —
a
re-number the existing provision as paragraph (1); and
b
after paragraph (1) insert —
2
The Tribunal may consider an appeal without a hearing where —
a
the person giving notice of appeal fails to comply with rule 8(2) of the Principal Rules; or
b
the Tribunal does not consider that the reasons given under rule 8(2)(b) of those Rules are satisfactory.
.
4
In Schedule 2, after “Harmondsworth Immigration Removal Centre, Harmondsworth, Middlesex”, insert “Oakington Reception Centre, Longstanton, Cambridgeshire”.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
11th April 2008