text:
Citation, construction and commencement
1
1
This Order may be cited as the Cayman Islands (Constitution) (Amendment) Order 2008, and shall be construed as one with the Cayman Islands (Constitution) Order 1972 , hereinafter referred to as “the principal Order”.
2
The principal Order and this Order may be cited together as the Cayman Islands (Constitution) Orders 1972 to 2008.
3
In this Order “the Constitution” means the Constitution set out in Schedule 2 to the principal Order.
4
This Order shall come into force on such day as the Governor, acting in his discretion, may appoint by proclamation published in a Government Notice.
Amendment of Section 25 of the Constitution
2
Section 25 of the Constitution is amended —
a
by substituting for the full stop at the end of paragraph (b)(vi) a semi-colon followed by the word “or”; and
b
by inserting after paragraph (b) the following new paragraph —
c
on the day of the issue of a writ ordering an election, he is otherwise qualified under paragraph (b) but has not attained the age of eighteen years, but he will attain that age on or before the polling day at the election.
.
Judith Simpson
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2008 and shall come into force on 29th October 2008 in relation to periods of account ending on or after that date.
Amendment of section 444BA of the Income and Corporation Taxes Act 1988
2
In section 444BA(11) of Income and Corporation Taxes Act , for the words “chapter 7.5 of the Integrated Prudential Sourcebook” substitute “chapter 1.4 of the Insurance Prudential Sourcebook”.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
8th October 2008


text:
PART 1 INTRODUCTION
Citation, commencement and application
1
1
These Regulations may be cited as the Bank Accounts Directive (Miscellaneous Banks) Regulations 2008.
2
These Regulations come into force on 6th April 2008 and apply in relation to —
a
qualifying banks’ financial years beginning on or after that date, and
b
auditors appointed in respect of those financial years.
Interpretation
2
1
In these Regulations —
“the Companies Accounts Regulations ” means the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 ;
“accounts” means the annual accounts, the directors’ report and the auditor’s report required by regulation 4(1);
“the appropriate audit authority” means —
the Secretary of State, or
if the Secretary of State has delegated functions under section 1252 of the Companies Act 2006 to a body whose functions include receiving the equivalent notice under section 522 or 523 of that Act, that body;
“ the Authority ” means the Financial Services Authority ;
“director” includes, in the case of a body which is not a company, any corresponding officer of that body;
“enactment” includes —
an enactment contained in subordinate legislation, other than these Regulations,
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,
an enactment contained in, or in an instrument made under, Northern Ireland legislation, and
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;
“financial year”, in relation to a qualifying bank, means any period in respect of which a profit and loss account of that bank is required to be made up by or in accordance with its constitution or by any enactment (whether that period is a year or not) or, failing any such requirement, each period of 12 months beginning with 1st April,
“qualifying bank” shall be construed in accordance with regulation 3.
2
Except as otherwise provided in these Regulations, words and expressions used in the Companies Act 2006 have the same meaning in these Regulations as they have in that Act.
Meaning of “qualifying bank”
3
1
Any body of persons, whether incorporated or unincorporated, which —
a
is incorporated or formed by or established under any public general Act of Parliament passed before the year 1837,
b
has a principal place of business within the United Kingdom,
c
is an authorised deposit taker, and
d
is not required by any enactment to prepare accounts under Part 15 of the Companies Act 2006,
is a qualifying bank for the purposes of these Regulations.
2
In paragraph (1), “authorised deposit taker” means a person with permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits, but excludes —
a
a building society, within the meaning of section 119 of the Building Societies Act 1986 ,
b
a credit union, within the meaning of the Credit Unions Act 1979 or the Credit Unions (Northern Ireland) Order 1985 ,
c
a specially authorised friendly society, within the meaning of section 7(1)(f) of the Friendly Societies Act 1974 , and
d
a person who has permission to accept deposits only in the course of effecting or carrying out contracts of insurance in accordance with that permission.
3
References in paragraph (2) to —
a
accepting deposits, and
b
effecting and carrying out contracts of insurance,
must be read with section 22 of the Financial Services and Markets Act 2000, the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 , and Schedule 2 to that Act.
PART 2 ACCOUNTS
Preparation of accounts
4
1
The directors of a qualifying bank must in respect of each financial year of the bank —
a
prepare such annual accounts and directors’ report, and
b
cause to be prepared such auditor’s report,
as would be required under Part 15 (accounts and reports) and Chapter 1 of Part 16 (requirement for audited accounts) of the Companies Act 2006, and under the Companies Accounts Regulations if the bank were a company which is a banking company or the parent company of a banking group, subject to the provisions of the Schedule to these Regulations.
2
Regulations 5 and 6 of the Companies (Disclosure of Auditor Remuneration and Liability Limitation Agreements) Regulations 2008 apply in relation to the accounts required by this regulation as they apply in relation to the annual accounts of a company or group which is not a small or medium-sized company or group.
3
The accounts required by paragraph (1) must be prepared within a period of 6 months beginning immediately after the end of the qualifying bank’s financial year.
Publication of accounts
5
1
A qualifying bank must make available the latest accounts prepared under regulation 4 for inspection by any person, without charge and during business hours, at the bank’s principal place of business within the United Kingdom.
2
The bank must supply to any person upon request a copy of those accounts (or such part of those accounts as may be requested) at a price not exceeding the administrative cost of making the copy.
3
Paragraph (2) applies whether the request for a copy is made orally during inspection under paragraph (1), by post or otherwise.
Penalties for non-compliance (accounts)
6
1
If the directors of a qualifying bank fail to prepare, or (in the case of the auditor’s report) fail to cause to be prepared, the accounts required by regulation 4(1) within the period referred to in regulation 4(3), an offence is committed by every person who, immediately before the end of that period, was a director of the bank.
2
If any annual accounts or directors’ report are made available for inspection under regulation 5 which do not comply with the requirements of regulation 4(1) as to the matters to be included in them, an offence is committed by every person who, at the time the annual accounts or report were first made available for inspection, was a director of the bank.
3
If a qualifying bank fails to comply with regulation 5 an offence is committed by —
a
the qualifying bank, and
b
every director of the qualifying bank who is in default.
4
Where the affairs of a qualifying bank are managed by its members, any reference in this regulation to a director of the qualifying bank shall be read as referring to a member of the bank.
5
In proceedings for an offence under this section it is a defence for the person charged to show that he took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
6
A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
7
Sections 1127 and 1128 (summary proceedings: venue and time limit for proceedings) and 1130 of the Companies Act 2006 (proceedings against unincorporated bodies) apply to an offence under this regulation.
PART 3 AUDITORS
Appointment of auditor
7
1
Sections 485 (appointment of auditors of private company: general), 486 (appointment of auditors of private company: default power of Secretary of State), 487 (term of office of auditors of private company) and 488 (prevention by members of deemed re-appointment of auditor) of the Companies Act 2006 apply in relation to the appointment of auditors of a qualifying bank subject —
a
where the bank concerned is unincorporated, to any necessary modifications to take account of that fact, and
b
to the provisions of the Schedule to these Regulations.
2
Sections 1121 (liability of officer in default), 1123 (application to bodies other than companies) and 1130 (proceedings against unincorporated bodies) of the Companies Act 2006 apply in relation to an offence committed under section 486(3) of that Act as applied by this regulation.
Functions of auditor
8
1
The following provisions of the Companies Act 2006 apply to the auditor of a qualifying bank as they apply to an auditor of a company —
a
section 495 (auditor’s report on company’s annual accounts);
b
section 498 (duties of auditor);
c
section 499 (auditor’s general right to information).
2
The auditor of a qualifying bank must supply the directors of that bank with such information as is necessary to enable the disclosure required by regulation 4(2) to be made.
Signature of auditor’s report
9
Sections 503 to 506 of the Companies Act 2006 (signature of auditor’s report) apply in relation to the auditor’s report required by regulation 4(1)(b), subject to —
a
any necessary modifications to take account of the fact that the qualifying bank is unincorporated, and
b
the provisions of the Schedule to these Regulations.
Removal of auditor on improper grounds
10
1
Where the auditor of a qualifying bank is removed from office an application may be made to the High Court under this regulation.
2
The persons who may make such an application are —
a
any member of the qualifying bank who was also a member at the time of the removal, and
b
the Authority.
3
If the court is satisfied that the removal was —
a
on grounds of divergence of opinion on accounting treatments or audit procedures, or
b
on any other improper grounds,
it may make such order as it thinks fit for giving relief in respect of the removal.
4
The court may, in particular —
a
declare that any resolution of the qualifying bank removing an auditor, or appointing a new auditor in his place, is void;
b
require the directors of the qualifying bank to re-appoint the dismissed auditor until the next general meeting of the qualifying bank;
c
give directions as to the conduct of the qualifying bank’s affairs in the future.
5
In the application of this regulation to a qualifying bank whose principal place of business is in Scotland or Northern Ireland, references to the High Court are to be read as references to the Court of Session or, as the case may be, the High Court in Northern Ireland.
Duty of auditor to notify appropriate audit authority
11
1
Where an auditor of a qualifying bank ceases for any reason to hold office, he must notify the appropriate audit authority.
2
The notice must —
a
inform the appropriate audit authority that he has ceased to hold office, and
b
if the auditor resigns, be accompanied by a copy of any notice of resignation and a statement of the reasons for his resignation.
3
The auditor must comply with this regulation —
a
if he resigns, at the same time as he deposits his notice of resignation at the principal office of the qualifying bank or otherwise informs it of his resignation;
b
in any other case, not later than the end of the period of 14 days beginning with the date on which he ceases to hold office.
Duty of qualifying bank to notify appropriate audit authority
12
1
Where an auditor of a qualifying bank ceases to hold office before the end of his term of office, the bank must notify the appropriate audit authority.
2
The notice must —
a
inform the appropriate audit authority that the auditor has ceased to hold office, and
b
be accompanied by —
i
a statement by the bank of the reasons for his ceasing to hold office, or
ii
if the auditor has resigned and he has given the qualifying bank a statement of the reasons for his resignation, a copy of that statement.
3
The qualifying bank must give notice under this regulation —
a
if the auditor resigns, not later than the end of the period of 14 days beginning with the date on which the auditor first informs the qualifying bank of his resignation (whether by notice deposited at its principal office or otherwise);
b
in any other case, not later than the end of the period of 14 days beginning with the date on which the auditor ceases to hold office.
Penalties for non-compliance (notification of appropriate audit authority)
13
1
If an auditor fails to comply with regulation 11 , an offence is committed by —
a
the auditor, and
b
if the auditor is a firm, every officer of the firm who is in default.
2
If a qualifying bank fails to comply with regulation 12 , an offence is committed by —
a
the qualifying bank, and
b
every director of the qualifying bank who is in default.
3
Where the affairs of a qualifying bank are managed by its members, any reference in this regulation to a director of the qualifying bank shall be read as referring to a member of the bank.
4
In proceedings for an offence under this section it is a defence for the person charged to show that he took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
5
A person guilty of an offence under this regulation is liable —
a
on conviction on indictment, to a fine, and
b
on summary conviction, to a fine not exceeding the statutory maximum.
6
Sections 1127 and 1128 (summary proceedings: venue and time limit for proceedings) and 1130 of the Companies Act 2006 (proceedings against unincorporated bodies) shall apply to an offence under paragraph (3) as it does to an offence under section 519 of that Act (statement by auditor to be deposited with company).
PART 4 FINAL PROVISIONS
Consequential amendment
14
In section 1210 of the Companies Act 2006 (meaning of “statutory auditor” etc ), for subsection (1)(g) substitute —
g
a person appointed as auditor of a bank for the purposes of the Bank Accounts Directive (Miscellaneous Banks) Regulations 2008,
.
Revocation and transitional provision
15
1
The Bank Accounts Directive (Miscellaneous Banks) Regulations 1991 are revoked.
2
The regulations specified in paragraph (1) continue to apply to any financial year of a qualifying bank beginning before 6th April 2008.
Gareth Thomas
Parliamentary Under Secretary of State for Trade and Consumer Affairs,
Department for Business, Enterprise and Regulatory Reform
26th February 2008


text:
Citation and commencement
1
1
This Order may be cited as the Police and Justice Act 2006 (Supplementary and Transitional Provisions) (Amendment) Order 2008 and shall come into force on 30th March 2008.
Amendments to the 2006 Order
2
1
The Police and Justice Act 2006 (Supplementary and Transitional Provisions) Order 2006 is amended as follows.
2
In article 2(2) for “be extended to 31st March” substitute “expire on 30th September”.
3
In article 3(2) for “be extended to 2nd July” substitute “expire on 30th September”.
4
After article 3(2) insert
3
Notwithstanding that, in accordance with paragraphs 10 and 11 of current Schedule 2A to the 1996 Act, the term of appointment of a person appointed to be a member of the Metropolitan Police Authority under paragraph 3 of that Schedule expires on or after 2nd July 2008 but before 30th September 2008, that appointment shall be expire on 30th September 2008.
.
Tony McNulty
Minister of State
Home Office
6th March 2008


text: Citation and commencement 1 These Regulations may be cited as the Social Security (Contributions) (Amendment No. 5) Regulations 2008 and shall come into force on 27th October 2008. Amendment of the Social Security (Contributions) Regulations 2001 2 1 The Social Security (Contributions) Regulations 2001 are amended as follows. 2 In Part 10 of Schedule 3 (miscellaneous payments to be disregarded in the computation of an employed earner's earnings) — a in sub-paragraph (1) of paragraph 1 for “2 to 20” substitute “2 to 21”; and b after paragraph 20 insert the following paragraph — Better off in Work Credit payments 21 Any Better off in Work Credit payment made pursuant to arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 . This paragraph does not apply to Northern Ireland. Claire Ward Dave Watts Two of the Lords Commissioners of Her Majesty's Treasury 6th October 2008 The Secretary of State concurs. Signed by authority of the Secretary of State for Work and Pensions Mike O'Brien Minister of State Department for Work and Pensions 25th September 2008


text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 2008 and shall come into force on 13th July 2008.
Preliminary
2
The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 shall be amended as follows.
Amendment to regulation 46 (applications and fees for certificates of initial fitness)
3
In regulation 46(1), for “the PSV Centre at Welcombe House, 91-92 The Strand, Swansea, SA1 2DH” substitute “such office of the Vehicle and Operator Services Agency as he may direct”.
Increases in fees
4
In the regulations specified in column (1) of the following Table for each amount specified in column (2) substitute the amount specified in column (3).
Table
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
46(2)(a) 256 269 46(2)(b)(i) 256 269 46(2)(b)(ii) 31 32 50(a) 1484 1558 136 143 50(b) 733 770 50(c) 3176 3335 53 28 29 57(5) 20 21
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
5th June 2008


text:
Citation and commencement
1
These Regulations may be cited as The Medical Devices (Fees Amendments) Regulations 2008 and shall come into force on 1 st April 2008.
Amendment of the Medical Devices (Consultation Requirements) (Fees) Regulations 1995
2
1
The Medical Devices (Consultation Requirements) (Fees) Regulations 1995 are amended as follows.
2
In regulation 3 (fees) —
a
in paragraph (1) —
i
in sub-paragraph (a), for “£4,141” substitute “”£4,374”, and
ii
in sub-paragraph (b), for “£9,653” substitute “£10,197”;
b
in paragraph (2) —
i
in sub-paragraph (a), for “£819” substitute “£865”, and
ii
in sub-paragraph (b), for “£2,291” substitute “£2,420”;
c
in paragraph (3) —
i
in sub-paragraph (a), for “£4,141” substitute “£4,374”, and
ii
in sub-paragraph (b), for “”£9,653” substitute “£10,197”;
d
in paragraph (4) —
i
in sub-paragraph (a), for “£819” substitute “£865”, and
ii
in sub-paragraph (b), for “£2,291” substitute “ £2,420”;
e
in paragraph (5) —
i
in sub-paragraph (a), for “£42,352” substitute “£44,741”, and
ii
in sub-paragraph (b), for “£10,515” substitute “£11,108”.
3
In paragraph (2) of regulation 3A (fees for pre-consultation meetings) —
a
in sub-paragraph (a), for “£750” substitute “£792”;
b
in sub-paragraph (b), for “£950” substitute “£1,004”;
c
in sub-paragraph (c) for “£1,300” substitute £1,373”; and
d
for “(a) if the advice provided at that meeting consists of advice in connection with quality, safety and clinical development, £1,650” substitute —
d
if the advice provided at that meeting consists of advice in connection with quality, safety and clinical development, £1,173
.
Amendment of the Medical Devices Regulations 2002
3
1
The Medical Devices Regulations 2002 are amended as follows.
2
In regulation 54 (fees payable in connection with the designation etc of UK notified bodies)-
a
in paragraph (1) —
i
in sub-paragraph (a), for “£850” substitute “£900”, and
ii
in sub-paragraph (b), for “£3,400” substitute “£3,600”;
b
in paragraph (2), for “£1,700” substitute “£1,800”;
c
in paragraph (3) —
i
in sub-paragraph (a), for “£4,200” substitute “£4,400”,
ii
in sub-paragraph (b)(i), for “£6,800” substitute “£7,200”,
iii
in sub-paragraph (b)(ii), for “£5,100” substitute “£5,400”,
iv
in sub-paragraph (b)(iii), for “£3,400” substitute “£3,600”; and
v
in sub-paragraph (c), for “£3,400” substitute “£3,600”; and
d
in paragraph (3A) —
i
in sub-paragraph (a)(i), for “£240” substitute “£254”, and
ii
in sub-paragraph (a) (ii), for “£67.10” substitute “£70.45”.
3
In regulation 55 (fees payable in connection with the designation etc of EC conformity assessment bodies) —
a
in paragraph (1) —
i
in sub-paragraph (a), for “£850” substitute £900”, and
ii
in sub-paragraph (b), for “£3,400” substitute “£3,600”;
b
in paragraph (2), for “£1,700” substitute “£1,800”;
c
in paragraph (3) —
i
in sub-paragraph (a), for “£4,200” substitute “£4,400”,
ii
in sub-paragraph (b), for “£3,400” substitute “£3,600”,
iii
in sub-paragraph (c), for “£1,700” substitute “£1,800”, and
iv
in sub-paragraph (d), for “£3,400” substitute “£3,600”;
d
in paragraph (3A), for “£4,200” substitute “£4,400” and for “£1,700” substitute “£1,800”;
e
in paragraph (3B), for “£3,400” substitute “£3,600” and for “£1,700” substitute “£1,800”;
f
in paragraph (3C), for “£1,700” substitute “£1,800”; and
g
in paragraph (3D) —
i
in sub-paragraph (a)(i), for “£240” substitute “£254”, and
ii
in sub-paragraph (a) (ii), for “£67.10” substitute “£70.45”.
4
In regulation 56 (fees payable in relation to clinical investigations), in paragraph (1)-
a
in sub-paragraph (a) —
i
in sub-paragraph (i), for “£1,800” substitute “£2,100”, and
ii
in sub-paragraph (ii), for “£2,400” substitute “£2,700”; and
b
in sub-paragraph (b) —
i
in sub-paragraph (i), for “£2,700”substitute “£3,000”, and
ii
in sub-paragraph (ii), for “£3,800” substitute “£4,100”.
Signed by authority of the Secretary of State.
Dawn Primarolo
Minister of State,
Department of Health
27th February 2008
We consent
Alan Campbell
Steve McCabe
Two of the Lords Commissioners of her Majesty’s Treasury
26th February 2008


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


text:
Title, Commencement and Interpretation
1
1
The title of this Order is the Swansea National Health Service Trust (Transfer of Staff, Property, Rights and Liabilities) Order 2008 and it comes into force on 1 April 2008.
2
In this Order unless the context otherwise requires:
“new trust” (“ ymddiriedolaeth newydd ”) means the Abertawe Bro Morgannwg University National Health Service Trust established on 12 March 2008;
“old trust” (“ hen ymddiriedolaeth ”) means Swansea National Health Service Trust established on 4 January 1999 ;
“transfer date” (“ dyddiad trosglwyddo ”) means the 1 April 2008.
Transfer of employees to the transferee
2
1
Subject to paragraph (3), any person who immediately before the transfer date, was employed by the old trust shall have his or her contract of employment transferred to the new trust on the transfer date and that contract will have effect as if originally made between the person so employed and the new trust.
2
Without prejudice to paragraph (1) above —
a
all the rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies will, by virtue of this article, be transferred to the new trust on the transfer date;
b
anything done before that date by, or in relation to, the old trust in respect of that contract or that employee, will be deemed from the transfer date to have been done by, or in relation to, the new trust.
3
Paragraphs (1) and (2) are without prejudice to any right of any employee to terminate his or her contract of employment if a substantial change is made to his or her detriment in his or her working conditions, but no such right arises by reason only of the change in employer effected by this article.
Transfer of property, rights and liabilities
3
On the transfer date all the property, rights and liabilities of the old trust, not referred to in article 2 above, are transferred to the new trust, including without limitation —
a
the duty to prepare the outstanding accounts of the old trust and to perform all statutory duties relating to those accounts;
b
the trust property of the old trust listed in the Schedule.
Transfer of functions of the old trust to the new trust
4
With effect from the transfer date, all the functions of the old trust are transferred to the new trust.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
28 March 2008


text:
Citation, commencement and extent
1
1
This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2008 and comes into force on the day after the day on which it is made.
2
This Order extends to England and Wales only .
Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
2
The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 is amended in accordance with the following provisions of this Order.
Amendment of article 2
3
1
In article 2(1) —
a
in the definition of “child minding” for paragraphs (a) and (b) substitute–
a
child minding within the meaning of section 79A of the Children Act 1989 ; and
b
early years childminding within the meaning of section 96(4) of the Childcare Act 2006 , or later years childminding within the meaning of section 96(8) of that Act;
b
in the definition of “day care” for paragraphs (a) and (b) substitute–
a
day care for which registration is required by section 79D(5) of the Children Act 1989; and
b
early years provision within the meaning of section 96(2) of the Childcare Act 2006 (other than early years childminding), or later years provision within the meaning of section 96(6) of that Act (other than later years childminding), for which registration is required, or permitted, under Part 3 of that Act;
c
in the definition of “work with children” after “paragraph 14 of” insert “Part 2 of”.
2
After paragraph (4) insert–
4A
In this Order any reference to a conviction shall where relevant include a reference to a caution , and any reference to spent convictions shall be construed accordingly.
Amendment of article 3
4
In article 3, for “None of the provisions of section 4(2) of” substitute “Neither section 4(2) of, nor paragraph 3(3) of Schedule 2 to,”.
Amendment of article 4
5
In article 4, for “Paragraph (b) of section 4(3) of the Act shall not apply” substitute “Neither paragraph (b) of section 4(3) of, nor paragraph 3(5) of Schedule 2 to, the Act shall apply”.
Amendment of article 5
6
1
In article 5(1), for “Section 4(1) of the Act shall not” substitute “Neither section 4(1) of, nor paragraph 3(1) of Schedule 2 to, the Act shall”.
2
In article 5(2) for “(j)” substitute “(n)”.
Amendment of Schedule 1
7
1
In Part 3 of Schedule 1, after paragraph 8 insert–
10
Approved legal services body manager.
.
2
In Part 4 of Schedule 1 before the definition of “assistants to justices’ clerks” insert–
“approved legal services body manager” means a person who must be approved by the Law Society under section 9A(2)(e) of the Administration of Justice Act 1985 ;
.
Signed by authority of the Secretary of State
Maria Eagle
Parliamentary Under Secretary of State
Ministry of Justice
17th December 2008


text:
Citation and commencement
1
These Regulations may be cited as the Costs in Criminal Cases (General) (Amendment) Regulations 2008 and come into force on 13th October 2008.
Amendments to the Costs in Criminal Cases (General) Regulations 1986
2
The Costs in Criminal Cases (General) Regulations 1986 are amended as follows.
3
For regulation 3(2) substitute —
2
When making an order under paragraph (1), the court may take into account any other order as to costs which has been made in respect of the proceedings.
.
4
In regulation 3E(2), in the definition of “interested party”, after “Service” insert “or an order for the payment of costs out of central funds was made in his favour”.
5
In regulation 3F(5) omit “vary or”.
6
In regulation 4 —
a
in the definition of “disbursements”, after “interpreter” insert “, intermediary”;
b
after the definition of “disbursements” insert —
“expenses” means out of pocket expenses, travelling expenses and subsistence allowance;
.
7
In regulation 5(2) —
a
in sub-paragraph (c), after “Crown Court” insert “or, subject to sub-paragraph (d), a magistrates’ court”;
b
in sub-paragraph (d), after “court” insert “, where the costs consist solely of expenses claimed by the applicant”.
8
In regulation 6(2) —
a
for “the designated officer for the court, in the case of proceedings in a magistrates’ court, or to the appropriate authority, in the case of proceedings in any other court specified in regulation 5(2),” substitute “the appropriate authority”;
b
omit “he or”.
9
In regulation 6(3), in sub-paragraph (d), for “that regulation 44(7) of the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 should be applied in respect of any work comprised in the claim under these Regulations” substitute “for payment in respect of services funded for the applicant as part of the Criminal Defence Service”.
10
In regulation 8(1), for “the designated officer for the court, in the case of proceedings in a magistrates’ court, or the appropriate authority, in the case of proceedings in any other court specified in regulation 5(2),” substitute “the appropriate authority”.
11
For regulation 14(3) substitute —
3
Section 18 of the Act shall apply to proceedings in a magistrates’ court or the Crown Court for dealing with an offender —
a
under any of the following provisions of the Powers of Criminal Courts (Sentencing) Act 2000 —
i
section 13 (commission of further offence by person conditionally discharged);
ii
section 119(1) or 123 (power of court on conviction of further offence to deal with suspended sentence and breach of requirement of suspended sentence supervision order);
iii
paragraph 5 of Schedule 1 (power of court on referral back from panel);
iv
Part II of Schedule 3 (breach of requirement of certain community orders);
v
paragraphs 1 to 3 of Schedule 5 (breach etc of attendance centre order);
vi
paragraphs 2 to 4 of Schedule 7 (breach of requirement of supervision order);
vii
paragraphs 2 to 4 of Schedule 8 (breach of requirement of action plan order or reparation order); and
b
under either of the following provisions of the Criminal Justice Act 2003 —
i
Part 2 of Schedule 8 (breach of requirement of community order);
ii
Part 2 of Schedule 12 (breach of community requirement of suspended sentence order or conviction of further offence)
as if the offender had been tried in those proceedings for the offence for which the order was made or the sentence passed.
.
12
In regulation 16 —
a
after paragraph (1)(b) insert —
ba
a witness called by the defendant is examined through an intermediary under section 29 of the Youth Justice and Criminal Evidence Act 1999 ; or
b
in paragraph (1), for “that witness, interpreter” substitute “a witness referred to in sub-paragraph (a) or by that interpreter, intermediary”;
c
in paragraph (2), after “interpreter” insert “, intermediary”.
13
In regulation 17, after “interpreters” insert “, intermediaries”.
14
In regulation 20(2)(a), after “interpreter” insert “or intermediary”.
15
In regulation 21(2), after “interpreter” insert “, intermediary”.
16
In regulation 24(7), after “interpreter” insert “, intermediary”.
Signed by the authority of the Lord Chancellor
Hunt
Parliamentary Under Secretary of State
Ministry of Justice
15th September 2008


text:
Citation and commencment
1
1
This Order may be cited as the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2008.
2
This Order shall come into operation on the first day of January 2009.
Establishment of fees
2
The fees appearing in the Tables of the Schedule to this Order are established and are substituted for the fees appearing in the Tables of the Schedule to the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2007 . The Tables of the Schedule to this Order contain particulars of the fees which are to be received, after the commencement of this Article —
1
by the ecclesiastical judges and legal officers named in that Schedule in respect of carrying out by them of the duties of their offices specified in that Schedule; and
2
by diocesan boards of finance in respect of the matters specified in Part II of Table I of that Schedule.
Revocation of 2007 Order
3
The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2007 is hereby revoked.
Supplementary annual fee
4
1
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.
2
An agreement made under sub-paragraph (1) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
3
An agreement made under sub-paragraph (1) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months’ notice on either side.
4
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
Travel, subsistence, accommodation and court hearings
5
A fee specified in the Schedule to this Order (other than a fee specified in Part II of Table I of that Schedule) shall be increased by a sum for reasonable expenses of travel, subsistence, accommodation and the holding of court hearings.
Value Added Tax
6
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
A Rutherford
G F Tattersall
A R Hargreaves-Smith
A Britton
T E H Walker
T E Allen
David Williams
Clerk to the Synod
Church House, London
Approved by the General Synod on
4th July 2008


text:
1
This Order may be cited as the A556 (M) Motorway (M6 to M56 Link) Supplementary Connecting Roads Scheme 1996 (Revocation) Order 2008 and shall come into force on 7th March 2008.
2
The A556 (M) Motorway (M6 to M56 Link) Supplementary Connecting Roads Scheme 1996 is hereby revoked.
Signed by authority of the Secretary of State for Transport
John Bagley
Divisional Director Highways Agency
30th January 2008


text:
1
This Order may be cited as the Extradition Act 2003 (Amendment to Designations) Order 2008 and shall come into force on the expiry of one week beginning with the day on which it is made.
2
Article 2(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 is amended by inserting “The United Arab Emirates,” below “Uruguay,”.
3
Article 4(2) of the same Order is amended by inserting “The United Arab Emirates (65 days)” below “Thailand (65 days)”.
Lord West of Spithead
Parliamentary Under Secretary of State
Home Office
19th June 2008


text:
Citation and commencement
1
This Order may be cited as the National Health Service Trusts (Originating Capital) Order 2008 and shall come into force on 31 st March 2008.
Originating capital of NHS trusts
2
The originating capital of an NHS trust specified in column 1 of the Schedule shall be the amount specified in the corresponding entry in column 2 of the Schedule.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
8th March 2008
We consent,
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Budget Statements) (England) Regulations 2008 and come into force on 20th March 2008.
2
These Regulations apply only in relation to England and only in relation to budget statements prepared for the period prescribed in regulation 3.
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2000 Act ” means the Learning and Skills Act 2000 ;
“the 2002 Act ” means the Education Act 2002 ;
“the 2005 Act ” means the Education Act 2005 ;
“the 2006 Act ” means the Education and Inspections Act 2006 ;
“the 2008 Regulations ” means the School Finance (England) Regulations 2008 ;
“adult and community learning” means part-time education (including vocational, social, physical, recreational training and organised leisure-time occupation) provided by a local education authority to persons of any age living or working in their area which is not primary education, secondary education, FE or HE ;
“ AEN ” means additional educational needs comprising —
language needs associated with English as an Additional Language ( EAL ),
learning needs related to autistic spectrum disorders, dyslexia, dyspraxia, attention deficit hyperactivity disorder, speech and language difficulties, sensory impairment and physical disabilities,
social need arising from deprivation, and
other additional learning needs not associated with the matters referred to in (a), (b) or (c), including the need to improve attainment and emotional and behavioural needs;
“allocation formula” means a local education authority’s formula under regulation 9 of the 2008 Regulations used to determine schools’ budget shares;
“ AWPU ” means age-weighted pupil unit;
“budget statement” means the statement referred to in section 52(1) of the 1998 Act;
“capital expenditure” means expenditure of a local authority which falls to be capitalised in accordance with proper practices, or expenditure which shall be treated as capital expenditure by virtue of any regulations or directions made under section 16 of the Local Government Act 2003 ;
“central expenditure” means the total amount deducted by a local education authority from their schools budget;
“central expenditure limit” means the limit on central expenditure imposed by regulation 7 of the 2008 Regulations;
“centrally retained budgets” means expenditure on the classes or descriptions of planned expenditure specified in Schedule 2 to the 2008 Regulations;
“ CERA ” means capital expenditure which a local authority expects to charge to a revenue account of the authority as defined in section 22 of the Local Government Act 2003;
“combined services” has the meaning given to that expression in regulation 1(4) of the 2008 Regulations;
“ Connexions ” means a multi-agency information advice and guidance service for all young people aged 13-19 and for young people up to the age of 25 with learning difficulties or disabilities;
“contribution to combined budgets” means expenditure by a local education authority on combined services;
“Dedicated Schools Grant” (“ DSG ”) means a grant under that name paid to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“devolved” means paid to schools, but not as part of their budget shares;
“discretionary award” means an award which a local education authority may bestow on persons ordinarily resident in their area in connection with attendance on education or training courses or for the purposes of conducting research under the provisions of section 2 of the Education Act 1962 ;
“Education Welfare Service” means a service provided by a local education authority for the purpose of reducing levels of unauthorised absence from schools;
“early years expenditure on the free entitlement” means expenditure on nursery education for three and four year olds provided by PVI providers or in primary schools;
“factor” means one of the additional factors or criteria set out in Schedule 3 to the 2008 Regulations which may be taken into account in a local education authority’s formula under regulation 19 of those Regulations;
“ FTE ” means full time equivalent;
“funding period 1” is the financial year beginning on 1st April 2008;
“funding period 2” is the financial year beginning on 1st April 2009;
“funding period 3” is the financial year beginning on 1st April 2010;
“ghost-funding” means the funding of places in infant classes as a formula factor under paragraph 35 of Schedule 3 to the 2008 Regulations ;
“HE” means higher education;
“ ISB ” means the individual schools budget;
“ KS ” means a key stage as defined in section 82 of the 2002 Act;
“ LSC ” means the Learning and Skills Council for England ;
“ MFG ” means minimum funding guarantee, that is to say the amount calculated in accordance with regulation 20 of, and Schedule 4 to, the 2008 Regulations which must be included in any determination or redetermination of a maintained school’s budget share in accordance with regulation 20 of those Regulations;
“non-devolved” means held as central expenditure;
a reference to “parent partnership” means a reference to planned expenditure on services provided by local education authorities under section 332A of the 1996 Act ;
“Performance Reward Grant” means a grant of that name paid under section 31 of the Local Government Act 2003 by the Secretary of State to a local authority for the purpose of rewarding improvements in local services;
“place-led funding” means the funding of places in schools where a local education authority exercise their discretion to do so under regulation 16 or 17 of the 2008 Regulations;
“primary or secondary school” means a primary or secondary school which is a community, foundation, voluntary or maintained nursery school;
“proper practices” means those accounting practices which a local authority are required to follow by virtue of any enactment, or which, so far as they are consistent with any such enactment are generally regarded, whether by reference to any generally recognised published code or otherwise, as proper accounting practices to be followed in the keeping of the accounts of local authorities, either generally or of the description concerned;
“prudential borrowing” has the meaning given to that expression in regulation 1(4) of the 2008 Regulations;
“prudential borrowing costs” means expenditure incurred on prudential borrowing;
a reference to “pupil support” means a reference to expenditure on a local education authority’s functions under section 510 and 514 of the 1996 Act (provision of administration of clothing grants and boarding grants) and pursuant to regulations made under section 518(1)(a) of that Act;
“pupil-led funding” means the funding of pupils in maintained schools in accordance with regulation 15, 17(1)(a) or 17(3)(a) of the 2008 Regulations;
“PVI providers” means persons other than governing bodies of primary schools, local education authorities or the proprietors of Academies who provide nursery education for three and four year olds for which no charge is made;
“school” means a maintained school ;
“School Development Grant” means a grant of that name paid to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“schools specific contingency” has the meaning given to that expression in regulation 1(4) of the 2008 Regulations;
“School Standards Grant – Maintained Schools” means a grant of that name paid to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“School Standards Grant (Personalisation) – Maintained Schools” means a grant of that name paid to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“School Standards Grant (Personalisation) – Pupil Referral Units” means a grant of that name paid to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“School Standards Grant – Pupil Referral Units” means a grant of that name paid to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“Standards Fund Grant” means a grant of that name paid to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“ SEN ” means special educational needs, which has the meaning given to that expression by section 312 of the 1996 Act;
“SEN transport” has the meaning given to that expression in regulation 1(4) of the 2008 Regulations;
“statement”, in relation to a pupil with special educational needs, means a statement made under section 324 of the 1996 Act;
“support for schools in financial difficulty” means a class of planned expenditure which may be deducted from the schools budget of a local education authority under paragraph 32 of Schedule 2 to the 2008 Regulations;
“termination of employment costs” has the meaning given to that expression in regulation 1(4) of the 2008 Regulations;
“youth service” is a service provided by a local education authority under sections 15B and 507A and 507B of the 1996 Act and section 114 of the 2000 Act.
2
In these Regulations —
a
references to the number, or numbers, of registered pupils at one or more schools are references to the number, or numbers, of such pupils required under the allocation formula to be used for the initial determination of that school’s budget share, or those schools’ budget shares, for funding periods 1, 2 and 3 but ignoring any weighting in accordance with regulation 15(4) or 17(7) or any adjustments under regulation 15(9) of the 2008 Regulations; and
b
a reference to a particular class or description of expenditure in relation to maintained schools and to pupils registered at such schools includes any expenditure of that class or description as the local education authority may incur in relation to Academies .
Period to which a budget statement must relate
3
For the purposes of section 52(1) of the 1998 Act, the period prescribed in accordance with section 52(1A) is funding periods 1, 2 and 3.
Form of, and information to be contained in, budget statements
4
1
For the purposes of section 52(3)(a) of the 1998 Act, the first budget statement published under these Regulations must be prepared in four parts, and contain the information prescribed for the purposes of section 52(1) of that Act as specified below —
a
Part 1 of the first budget statement must be in the form prescribed in Part 1 of Schedule 1, and contain a summary of the amounts of a local education authority’s planned expenditure for funding periods 1, 2 and 3 deriving from each of the main sources of funding available to the authority for appropriation under section 45A(2) of the 1998 Act as their schools budgets;
b
Part 2 of the first budget statement must be in the forms prescribed in Part 2 of Schedule 1, and contain details of the amounts of a local education authority’s planned expenditure for appropriation for meeting classes or descriptions prescribed under sections 45A(1) and 45A(2) of the 1998 Act as their LEA budget and schools budget for funding period 1, and planned expenditure for appropriation as their schools budgets for funding periods 2 and 3 as follows —
i
Table 1 for funding period 1 (planned expenditure for the purposes of the LEA and schools budget),
ii
Table 1 for funding period 2 (planned expenditure for the purposes of the schools budget),
iii
Table 1 for funding period 3 (planned expenditure for the purposes of the schools budget),
iv
the Central Expenditure Limit Annex for funding periods 1, 2 and 3,
v
the Early Years Expenditure Annex for funding period 1, and
vi
the Youth Service Annex for funding period 1;
c
Part 3 of the first budget statement must be in the forms prescribed in Part 3 of Schedule 1, and contain information relating to the determination of each school’s budget share for funding periods 1, 2 and 3;
d
Part 4 of the first budget statement must be in the forms prescribed in Part 4 of Schedule 1, and contain information relating to a local education authority’s allocation formulae for funding periods 1, 2 and 3.
2
The information prescribed under paragraph (1) must comprise actual planned figures in respect of funding period 1 and estimated planned figures in respect of funding periods 2 and 3.
3
For the purposes of section 52(3)(a) of the 1998 Act, the second budget statement published under these Regulations must be prepared in four parts, and contain the information prescribed for the purposes of section 52(1) of that Act in Schedule 2 as specified below —
a
Part 1 of the second budget statement must be in the form prescribed in Part 1 of Schedule 2, and contain a summary of the amounts of a local education authority’s planned expenditure for funding periods 2 and 3 deriving from each of the main sources of funding available to the authority for appropriation under section 45A(2) of the 1998 Act as their schools budget;
b
Part 2 of the second budget statement must be in the forms prescribed in Part 2 of Schedule 2, and contain details of the amounts of a local education authority’s planned expenditure for appropriation for meeting the classes or descriptions prescribed under sections 45A(1) and 45A(2) of the 1998 Act as their LEA budget and schools budget for funding period 2, and planned expenditure for appropriation as their schools budget for funding period 3 as follows —
i
Table 1 for funding period 2 (planned expenditure for the purposes of the LEA and schools budget),
ii
Table 1 for funding period 3 (planned expenditure for the purposes of the schools budget),
iii
the Central Expenditure Limit Annex for funding periods 2 and 3,
iv
the Early Years Expenditure Annex for funding period 2, and
v
the Youth Service Annex for funding period 2;
c
Part 3 of the second budget statement must be in the forms prescribed in Part 3 of Schedule 2, and contain information relating to the determination of each school’s budget share for funding periods 2 and 3;
d
Part 4 of the second budget statement must be in the forms prescribed in Part 4 of Schedule 2, and contain information relating to a local education authority’s allocation formulae for funding periods 2 and 3.
4
The information prescribed under paragraph (3) must comprise actual planned figures in respect of funding period 2 and revised estimated planned figures in respect of funding period 3 in place of the estimated planned figures in the first budget statement.
5
For the purposes of section 52(3)(a) of the 1998 Act, the third budget statement published under these Regulations must be prepared in four parts, and contain the information prescribed for the purposes of section 52(1) of that Act in Schedule 3, as specified below —
a
Part 1 of the third budget statement must be in the form prescribed in Part 1 of Schedule 3, and contain a summary of the amounts of a local education authority’s planned expenditure for funding period 3 deriving from each of the main sources of funding available to the authority for appropriation under section 45A(2) of the 1998 Act as their schools budget;
b
Part 2 of the third budget statement must be in the forms prescribed in Part 2 of Schedule 3, and contain details of the amounts of a local education authority’s planned expenditure for appropriation for meeting the classes or descriptions prescribed under sections 45A(1) and 45A(2) of the 1998 Act as their LEA budget and schools budget for funding period 3 as follows —
i
Table 1 for funding period 3 (planned expenditure for the purposes of the LEA and schools budget),
ii
the Central Expenditure Limit Annex for funding period 3,
iii
the Early Years Expenditure Annex for funding period 3, and
iv
the Youth Service Annex for funding period 3;
c
Part 3 of the third budget statement must be in the forms prescribed in Part 3 of Schedule 3, and contain information relating to the determination of each school’s budget share for funding period 3;
d
Part 4 of the third budget statement must be in the form prescribed in Part 4 of Schedule 3, and contain information relating to a local education authority’s allocation formulae for funding period 3.
6
The information prescribed under paragraph (5) must comprise actual planned figures in respect of funding period 3 in place of the revised estimated planned figures in the second budget statement.
Manner and time of publication of a budget statement
5
1
For the purposes of section 52(3)(b) of the 1998 Act, a budget statement is published by —
a
supplying a copy to the Secretary of State for Children, Schools and Families; and
b
making a copy available for inspection at all reasonable times and free of charge —
i
at the offices of the local education authority, and
ii
on a website maintained by the local education authority and accessible to the public.
2
The first budget statement must be published before the beginning of funding period 1; the second before the beginning of funding period 2; and the third before the beginning of funding period 3.
3
A budget statement published under paragraph (2) may not be revised after publication except —
a
to correct errors contained in it; or
b
to reflect a redetermination under regulation 12 of the 2008 Regulations (redetermination of schools budgets and individual schools budgets).
4
Where a local education authority revise a budget statement under paragraph (3), they must ensure that any revised budget statement is in the appropriate form as prescribed in regulation 4, and is published in the manner prescribed in paragraph (1).
5
A local education authority must provide the governing body and head teacher of each school maintained by them with a copy of Parts 1, 2 and 4 of the first, second and third budget statements before the beginning of funding period 1, 2 and 3, as the case may be.
6
Where the governing body or head teacher of a school request a copy of Part 3 of any budget statement to which these Regulations relate, a local education authority must provide them with a copy of that Part.
Jim Knight
Minister of State
Department for Children, Schools and Families
15th February 2008


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Fees) (Amendment) Regulations 2008 and shall come into force on 1st August 2008.
Amendments
2
The Schedule to the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995 (the “principal Regulations”) is amended by substituting —
a
in relation to fee number (i), “£238” for “£227”;
b
in relation to fee numbers (ii) and (iii), respectively, “£372” for “£354”;
c
in relation to fee number (iv), “£63” for “£60”;
d
in relation to fee numbers (v) and (vi), respectively, in a case where an election has not been made under regulation 3(5), “£10” for “£9”.
Transitional provisions
3
Subject to Regulation (4), where a decision has been made before the coming into force of these Regulations on an application for a licence or a variation of a licence —
a
to grant the licence under section 13 of the Goods Vehicles (Licensing of Operators) Act 1995;
b
to grant a variation to a licence under section 17(1)(a) of that Act;
c
to issue an interim licence under section 24(1) of that Act; or
d
to give an interim direction under section 25(1) of that Act;
the fees prescribed by the principal Regulations immediately before the coming into force of these Regulations in respect of fee numbers (ii), (iv) and (v) apply.
4
In respect of fee numbers (iii), (v) and (vi) where —
a
a fee is payable in respect of either an annual or 5 yearly anniversary of the date of the issue of the licence; and
b
the last date for payment of the fee, ascertained in accordance with the provisions of column 4 of the Schedule to the principal Regulations, is on or after the date of coming into force of these Regulations,
the amount payable on that date shall be the relevant substituted amount as prescribed by regulation (2)(b) or (d).
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
5th June 2008


text:
Citation, commencement, and interpretation
1
1
This Order may be cited as the Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2008 and shall come into force on 1st April 2008.
2
In this Order references to the accused are to the person mentioned in article 2(a).
3
Where there are more than one accused in any proceedings this Order applies separately in relation to each of the accused.
4
In this Order —
a
“civilian court” means a court of ordinary criminal jurisdiction;
b
“court administration officer” means —
i
where the accused is to be tried by court-martial under the Army Act 1955 , the person appointed under section 84A of that Act;
ii
where the accused is to be tried by court-martial under the Air Force Act 1955 , the person appointed under section 84A of that Act;
iii
where the accused is to be tried by court-martial under the Naval Discipline Act 1957 , the person appointed under section 53A of that Act; or
iv
where the accused is to be tried by a Standing Civilian Court, the court administration officer referred to in paragraph 1 of Schedule 3 to the Armed Forces Act 1976 .
c
“judicial officer” —
i
where the accused is to be tried by court-martial under the Army Act 1955, means a judicial officer appointed under section 75L of that Act;
ii
where the accused is to be tried by court-martial under the Air Force Act 1955, means a judicial officer appointed under section 75L of that Act;
iii
where the accused is to be tried by court-martial under the Naval Discipline Act 1957, means a judicial officer appointed under section 47M of that Act;
iv
where the accused is to be tried by a Standing Civilian Court, means a person appointed to sit as a magistrate under section 6(4) of the Armed Forces Act 1976;
v
during the trial of the accused before a court-martial, means the judge advocate appointed under section 84B(1) of the Army Act 1955, section 84B(1) of the Air Force Act 1955 or section 53B(1) of the Naval Discipline Act 1957 (as the case may be);
vi
during the trial of the accused before a Standing Civilian Court, means the person referred to in subparagraph (iv) before whom the trial is proceeding;
vii
in relation to an application under article 18(4), where the accused has been acquitted or convicted, or the prosecutor has decided not to proceed with a case, and (in either case) the charge against the accused was under the Army Act 1955, means a judicial officer appointed under section 75L of that Act;
viii
in relation to an application under article 18(4), where the accused has been acquitted or convicted, or the prosecutor has decided not to proceed with a case, and (in either case) the charge against the accused was under the Air Force Act 1955, means a judicial officer appointed under section 75L of that Act;
ix
in relation to an application under article 18(4), where the accused has been acquitted or convicted, or the prosecutor has decided not to proceed with a case, and (in either case) the charge against the accused was under the Naval Discipline Act 1957, means a judicial officer appointed under section 47M of that Act;
x
in relation to an application under article 18(4), where the accused has been acquitted or convicted, or the prosecutor has decided not to proceed with a case, and (in either case) the charge against the accused was under the Standing Civilian Courts Order 1997 , means a person appointed to sit as a magistrate under section 6(4) of the Armed Forces Act 1976; and
xi
in article 19 means the judge advocate of the court-martial, or the magistrate of the Standing Civilian Court, referred to in article 19(5);
d
“legal representative” means in relation to an accused, a person appointed by him as his representative, who —
i
has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;
ii
is an advocate or solicitor in Scotland;
iii
is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland; or
iv
has in any of the Channel Islands, the Isle of Man, a Commonwealth country or a British overseas territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.
e
“material” means material of all kinds, and in particular includes —
i
information, and
ii
objects of all descriptions;
f
“prosecutor” means —
i
where the accused is charged with an offence under the Army Act 1955, the prosecuting authority under section 83A of that Act;
ii
where the accused is charged with an offence under the Air Force Act 1955, the prosecuting authority under section 83A of that Act;
iii
where the accused is charged with an offence under the Naval Discipline Act 1957, the prosecuting authority under section 52H of that Act;
g
“relevant period” means the period provided for by article 7, apart from the reference in that article to articles 8, 9 and 10;
h
“service court” means a court-martial under any of the Service Discipline Acts, a Standing Civilian Court or the Courts-Martial Appeal Court;
i
“Service Discipline Acts” means the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957;
j
“the 1996 Act ” means the Criminal Procedure and Investigations Act 1996; and
k
references to recording information are references to putting it in a durable or retrievable form (such as writing or tape)
Application of this Order
2
This Order applies where, after it has come into force —
a
a charge is preferred against a person–
i
under section 83B of the Army Act 1955,
ii
under section 83B of the Air Force Act 1955, or
iii
under section 52I of the Naval Discipline Act 1957, or
iv
under article 6 of the Standing Civilian Courts Order 1997, and
b
the charge is to be tried by a court-martial under any of the Service Discipline Acts or by a Standing Civilian Court.
Initial duty of prosecutor to disclose
3
1
The prosecutor must —
a
disclose to the accused any prosecution material which has not previously been disclosed to the accused and which might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused, or
b
give to the accused a written statement that there is no material of a description mentioned in paragraph (a).
2
For the purposes of this article prosecution material is material —
a
which is in the prosecutor’s possession, and came into his possession in connection with the case for the prosecution against the accused; or
b
which, in pursuance of a code of practice made under section 78(2)(b) of the 1996 Act, he has inspected in connection with the case for the prosecution against the accused.
3
Where material consists of information which has been recorded in any form, the prosecutor discloses it for the purposes of this section —
a
by securing that a copy is made of it and that the copy is given to the accused, or
b
if in the prosecutor’s opinion that is not practicable or not desirable, by allowing the accused to inspect it at a reasonable time and a reasonable place or by taking steps to secure that he is allowed to do so;
and a copy may be in such form as the prosecutor thinks fit and need not be in the same form as that in which the information has already been recorded.
4
Where material consists of information which has not been recorded, the prosecutor discloses it for the purposes of this section by securing that it is recorded in such form as he thinks fit and —
a
by securing that a copy is made of it and that the copy is given to the accused, or
b
if in the prosecutor’s opinion that is not practicable or not desirable, by allowing the accused to inspect it at a reasonable time and a reasonable place or by taking steps to secure that he is allowed to do so.
5
Where material does not consist of information, the prosecutor discloses it for the purposes of this article by allowing the accused to inspect it at a reasonable time and a reasonable place or by taking steps to secure that he is allowed to do so.
6
Material must not be disclosed under this article to the extent that a judicial officer, on an application by the prosecutor, concludes it is not in the public interest to disclose it and orders accordingly.
7
Material must not be disclosed under this article to the extent that it is material the disclosure of which is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000 .
8
The prosecutor must act under this article as soon as reasonably practicable after the charge is preferred by the prosecutor against the accused.
Initial duty of prosecutor to disclose: further provisions
4
1
This article applies where —
a
the prosecutor acts under article 3, and
b
before so doing he was given a document in pursuance of provision included in a code of practice made under section 78(2)(b) of the 1996 Act and referred to in section 24(3) of that Act.
2
In such a case the prosecutor must give the document to the accused at the same time as the prosecutor acts under article 3.
Disclosure of material by the prosecutor to the accused by sending it to his commanding officer
5
1
This article applies if the accused —
a
is subject to military law under the Army Act 1955 or air force law under the Air Force Act 1955, or under the Naval Discipline Act 1957 is subject to that Act; or
b
is treated for any purpose as being so subject under section 131 of the Army Act 1955, section 131 of the Air Force Act 1955 or section 51 of the Naval Discipline Act 1957.
2
For the purposes of articles 3 and 4, the prosecutor may send any material or written statement or document to the accused’s commanding officer.
3
On receipt of any material, written statement or document sent to him in accordance with paragraph (2) above, the accused’s commanding officer must —
a
ensure that the accused receives it as soon as practicable; and
b
as soon as practicable after the accused has received it, notify the prosecutor in writing of the date on which the accused received it.
4
Where the prosecutor acts under paragraph (2) for the purposes of article 3, for the purposes of this Order the date on which the prosecutor complies with that article or purports to comply with it shall be the date on which the accused received from his commanding officer the material disclosed, or the statement or document given, by the prosecutor.
5
In this article, “commanding officer” means the commanding officer of the accused as determined by or under section 82 of the Army Act 1955, section 82 of the Air Force Act 1955 or section 52E of the Naval Discipline Act 1957.
Compulsory disclosure by accused
6
1
This article applies where the prosecutor complies with article 3 or purports to comply with it.
2
Where this article applies, the accused must give a defence statement to —
a
the court administration officer; and
b
the prosecutor.
3
A defence statement is a written statement —
a
setting out the nature of the accused’s defence, including any particular defences on which he intends to rely,
b
indicating the matters of fact on which he takes issue with the prosecution,
c
setting out, in the case of each such matter, why he takes issue with the prosecution, and
d
indicating any point of law (including any point as to the admissibility of evidence or an abuse of process) which he wishes to take, and any authority on which he intends to rely for that purpose.
4
A defence statement that discloses an alibi must give particulars of it, including —
a
the name, address and date of birth of any witness the accused believes is able to give evidence in support of the alibi, or as many of those details as are known to the accused when the statement is given; and
b
any information in the accused’s possession which might be of material assistance in identifying or finding any such witness in whose case any of the details mentioned in paragraph (a) above are not known to the accused when the statement is given.
5
For the purposes of this article, evidence in support of an alibi is evidence tending to show that by reason of the presence of the accused at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission.
Disclosure by accused: time limits
7
1
Subject to paragraph (2) and articles 8, 9 and 10, the accused must give a defence statement during the period of 28 days beginning with the day immediately after the day on which the prosecutor complies, or purports to comply, with article 3.
2
If, at the start of the period referred to in paragraph (1) —
a
the accused has applied for the grant of legal aid in respect of his trial, and
b
that application has not been determined,
then paragraph (1) shall have effect as if the period referred to in that paragraph begins with the day immediately after the day on which that application is determined.
8
1
The relevant period shall, if a judicial officer so orders, be extended by so many days as he specifies.
2
The judicial officer may only make such an order if an application which complies with paragraph (3) is made by the accused during the relevant period.
3
An application under paragraph (2) must —
a
state that the accused believes, on reasonable grounds, that it is not possible for him to give a defence statement during the relevant period;
b
specify the grounds for so believing; and
c
specify the number of days by which the accused wishes the relevant period to be extended.
4
A judicial officer shall not make an order under paragraph (1) unless he is satisfied that the accused cannot reasonably give or, as the case may be, could not reasonably have given a defence statement during the relevant period.
9
1
Where a judicial officer has made an order under article 8(1), the relevant period as extended in accordance with that order shall, if a judicial officer so orders, be further extended by so many days as he specifies.
2
Paragraphs (2) to (4) of article 8 shall, subject to paragraph (4) below, apply for the purposes of an order under paragraph (1) as they apply for the purposes of an order under article 8(1).
3
There shall be no limit on the number of applications that may be made under article 8(2) as applied by paragraph (2); and on a second or subsequent such application the judicial officer shall have the like powers under paragraph (1) as on the first such application.
4
In the application of article 8(2) to (4) in accordance with paragraph (2), any reference to the relevant period shall be construed as a reference to that period as extended or, as the case may be, further extended by an order under article 8(1) or paragraph (1) or (3) above.
10
1
If the relevant period or that period as extended would, apart from this paragraph, expire on any of the days specified in paragraph (2), that period shall be treated as expiring on the next following day which is not one of those days.
2
The days referred to in paragraph (1) are Saturday, Sunday, Christmas Day, Good Friday and, in the United Kingdom, any day which under the Banking and Financial Dealings Act 1971 is a bank holiday.
Disclosure by accused: further provisions
11
1
Where an accused’s legal representative purports to give a defence statement on behalf of the accused, the statement shall, unless the contrary is proved, be deemed to be given with the authority of the accused.
2
If it appears to the judicial officer at a preliminary hearing that an accused has failed to comply fully with article 6, so that there is the possibility of comment being made or inferences drawn under article 15(2), he shall warn the accused accordingly.
3
In paragraph (2), “preliminary hearing” means any hearing that takes place after the charge is preferred against the accused by the prosecutor and before the start of the trial.
4
During a trial before a court-martial or the Standing Civilian Court, the judicial officer —
a
may direct that the other members of the court-martial, or any other members of the Standing Civilian Court (as the case may be) be given a copy of the defence statement, and
b
if he does so, may direct that it be edited so as not to include references to matters of evidence of which would be inadmissible.
5
A direction under paragraph (4) —
a
may be made either of the judicial officer’s own motion or on the application of any party;
b
may be made only if the judicial officer is of the opinion that seeing a copy of the defence statement would help the other members to understand the case or to resolve any issue in the case.
Continuing duty of prosecutor to disclose
12
1
This article applies at all times —
a
after the prosecutor has complied with article 3 or purported to comply with it, and
b
before the accused is acquitted or convicted or the prosecutor decides not to proceed with the case concerned.
2
The prosecutor must keep under review the question whether at any given time (and, in particular, following the giving of a defence statement) there is prosecution material which —
a
might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused, and
b
has not been disclosed to the accused.
3
If at any time there is any such material as is mentioned in paragraph (2) the prosecutor must disclose it to the accused as soon as is reasonably practicable.
4
In applying paragraph (2) by reference to any given time the state of affairs at that time (including the case for the prosecution as it stands at that time) must be taken into account.
5
Where the accused gives a defence statement under article 6 —
a
if as a result of that statement the prosecutor is required by this article to make any disclosure, or further disclosure, he must do so as soon as reasonably practicable after the accused gives the defence statement; and
b
if the prosecutor considers that he is not so required, he must give to the accused a written statement to that effect as soon as reasonably practicable after the accused gives that statement.
6
For the purposes of this article prosecution material is material —
a
which is in the prosecutor’s possession and came into his possession in connection with the case for the prosecution against the accused, or
b
which, in pursuance of a code of practice made under section 78(2)(b) of the 1996 Act, he has inspected in connection with the case for the prosecution against the accused.
7
Paragraphs (3) to (5) of article 3 (method by which prosecutor discloses) apply for the purposes of this article as they apply for the purposes of that.
8
Material must not be disclosed under this article to the extent that a judicial officer, on an application by the prosecutor, concludes it is not in the public interest to disclose it and orders accordingly.
9
Material must not be disclosed under this article to the extent that it is material the disclosure of which is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000.
Application by accused for disclosure
13
1
This article applies where the accused has given a defence statement under article 6 and the prosecutor has complied with article 12(5) or has purported to comply with it or has failed to comply with it.
2
If the accused has at any time reasonable cause to believe that there is prosecution material which is required by article 12 to be disclosed to him and has not been, he may apply to a judicial officer for an order requiring the prosecutor to disclose it to him.
3
For the purposes of this article prosecution material is material —
a
which is in the prosecutor’s possession and came into his possession in connection with the case for the prosecution against the accused;
b
which, in pursuance of a code of practice made under section 78(2)(b) of the 1996 Act, he has inspected in connection with the case for the prosecution against the accused; or
c
which falls within paragraph (4).
4
Material falls within this paragraph if in pursuance of a code of practice made under section 78(2)(b) of the 1996 Act the prosecutor must, if he asks for the material, be given a copy of it or be allowed to inspect it in connection with the case for the prosecution against the accused.
5
Material must not be disclosed under this article to the extent that a judicial officer, on an application by the prosecutor, concludes it is not in the public interest to disclose it and orders accordingly.
6
Material must not be disclosed under this article to the extent that it is material the disclosure of which is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000.
Prosecutor’s failure to observe time limits
14
1
This article applies if the prosecutor —
a
purports to act under article 3, but does not comply with the requirement to act as soon as reasonably practicable under article 3(8); or
b
purports to act under article 12(5), but does not comply with the requirement to act as soon as reasonably practicable.
2
Subject to paragraph (3), the failure to comply with the relevant requirement does not on its own constitute grounds for staying the proceedings for abuse of process.
3
Paragraph (2) does not prevent the failure constituting such grounds if it involves such delay by the prosecutor that the accused is denied a fair trial.
Faults in disclosure by accused
15
1
This article applies where article 6 applies and the accused —
a
fails to give a defence statement,
b
gives a defence statement but does so after the relevant period extended (if at all) in accordance with articles 8 to 10,
c
sets out inconsistent defences in his defence statement, or
d
at his trial —
i
puts forward a defence which was not mentioned in his defence statement or is different from any defence set out in that statement,
ii
relies on a matter which, in breach of the requirements imposed by article 6, was not mentioned in his defence statement,
iii
adduces evidence in support of an alibi without having given particulars of the alibi in his defence statement, or
iv
calls a witness to give evidence in support of an alibi without having complied with article 6(4)(a) or (b) as regards the witness in his defence statement.
2
Where this article applies —
a
the judicial officer or any party other than the accused may make such comment as appears appropriate;
b
the court-martial or the Standing Civilian Court (as the case may be) may draw such inferences as appear proper in deciding whether the accused is guilty of the offence concerned.
3
Where —
a
this article applies by virtue of paragraph (1)(d)(ii) and
b
the matter which was not mentioned is a point of law (including any point as to the admissibility of evidence or an abuse of process) or an authority,
comment by another party under paragraph (2)(a) may be made only with the leave of the judicial officer.
4
Where the accused puts forward a defence which is different from any defence set out in his defence statement, in doing anything under paragraph (2) or in deciding whether to do anything under it the judicial officer shall have regard —
a
to the extent of the differences in the defences, and
b
to whether there is any justification for it.
5
A person shall not be convicted of an offence solely on an inference drawn under paragraph (2).
6
In this article, a reference to evidence in support of an alibi shall be construed in accordance with article 6(5).
Public interest: review
16
1
This section applies at all times —
a
after a judicial officer makes an order under article 3(6), 12(8) or 13(5), and
b
before the accused is acquitted or convicted or the prosecutor decides not to proceed with the case concerned.
2
The accused may apply at any time to a judicial officer for a review of the question whether, at any given time, it is still in the public interest to disclose material affected by the order referred to in paragraph (1).
3
Without prejudice to paragraph (2), during the trial of the accused before a court-martial or the Standing Civilian Court the judicial officer must keep the question mentioned in paragraph (2) under review without the need for an application.
4
If the judicial officer at any time concludes that it is in the public interest to disclose material to any extent —
a
he shall so order, and
b
he shall take such steps as are reasonable to inform the prosecutor of his order.
5
Where the prosecutor is informed of an order made under paragraph (4) he must act accordingly having regard to the provisions of this Order (unless he decides not to proceed with the case concerned).
Applications: opportunity to be heard
17
1
Where —
a
an application is made under article 3(6), 12(8), 13(5) or 16(2),
b
a person claiming to have an interest in the material applies to be heard by the judicial officer, and
c
he shows that he was involved (whether alone or with others and whether directly or indirectly) in the prosecutor’s attention being brought to the material,
the judicial officer must not make an order under article 3(6), 12(8), 13(5) or 16(2) (as the case may be) unless the person applying under paragraph (b) has been given an opportunity to be heard.
Confidentiality of disclosed information
18
1
If the accused is given or allowed to inspect a document or other object under —
a
article 3, 4, 12 or 16, or
b
an order under article 13,
then, subject to paragraphs (2) to (4), he must not use or disclose it or any information recorded in it.
2
The accused may use or disclose the object or information —
a
in connection with the proceedings for whose purposes he was given the object or allowed to inspect it,
b
with a view to the taking of further proceedings before a service court or a civilian court with regard to the matter giving rise to the proceedings mentioned in subparagraph (a), or
c
in connection with the further proceedings referred to in subparagraph (b).
3
The accused may use or disclose —
a
the object to the extent that it has been displayed to the public in open court, or
b
the information to the extent that it has been communicated to the public in open court;
but the preceding provisions of this paragraph do not apply if the object is displayed or the information is communicated in proceedings to deal with a contempt of court under article 19.
4
If —
a
the accused applies to a judicial officer for an order granting permission to use or disclose the object or information, and
b
a judicial officer makes such an order,
the accused may use or disclose the object or information for the purpose and to the extent specified by the judicial officer.
5
An application under paragraph (4) may be made and dealt with at any time, and in particular after the accused has been acquitted or convicted or the prosecutor has decided not to proceed with the case concerned.
6
Where —
a
an application is made under paragraph (4), and
b
the prosecutor or a person claiming to have an interest in the object or information applies to be heard by the judicial officer,
the judicial officer must not make an order granting permission unless the person applying under subparagraph (b) has been given an opportunity to be heard.
Confidentiality: contravention
19
1
This article applies where a person (the “offender”) who is subject to service law knowingly uses or discloses an object or information recorded in it and the use or disclosure is in contravention of article 18.
2
For the purposes of this article, a person is subject to service law if he is —
a
subject to military law, treated for any purpose as being so subject under section 131 of the Army Act 1955, or a civilian to whom Part 2 of the Army Act 1955 is applied by section 209 of that Act, or
b
subject to air force law, treated for any purpose as being so subject under section 131 of the Air Force Act 1955, or a civilian to whom Part 2 of the Air Force Act 1955 is applied by section 209 of that Act, or
c
subject to the Naval Discipline Act 1957, treated for any purpose as being so subject under section 51 of the Naval Discipline Act 1957, or a civilian to whom Parts 1 and 2 of that Act are applied by section 118 of that Act.
3
Where the obligation under article 18 arose in relation to an accused charged under section 83B of the Army Act 1955, section 83B of the Air Force Act 1955 or section 52I of the Naval Discipline Act 1957 —
a
if the offender is someone to whom paragraph 2(a) applies, he shall be guilty of an offence under section 57(1) of the Army Act 1955;
b
if the offender is someone to whom paragraph 2(b) applies, he shall be guilty of an offence under section 57(1) of the Air Force Act 1955;
c
if the offender is someone to whom paragraph 2(c) applies, he shall be guilty of an offence under section 38(1) of the Naval Discipline Act 1957.
4
Where the obligation under article 18 arose in relation to an accused charged under article 6 of the Standing Civilian Courts Order 1997 —
a
if the offender is someone to whom paragraph 2(a) applies, he shall be guilty of an offence under section 57(1) of the Army Act 1955 by virtue of paragraph 15(1) of Schedule 3 to the Armed Forces Act 1976, and paragraph 15(2) and (3) of that schedule shall apply; or
b
if the offender is someone to whom paragraph 2(b) applies, he shall be guilty of an offence under section 57(1) of the Air Force Act 1955 by virtue of paragraphs 1(2) and 15(1) of Schedule 3 to the Armed Forces Act 1976, and paragraph 15(2) and (3) of that schedule shall apply.
5
If the object concerned is in the offender’s possession, the judicial officer of the court-martial or Standing Civilian Court finding him guilty may order that the object shall be forfeited and dealt with in such manner as the judicial officer may order.
6
The power of the judicial officer under paragraph (5) includes power to order the object to be destroyed or to be given to the prosecutor or to be placed in his custody for such period as the judicial officer may specify.
7
If —
a
the judicial officer proposes to make an order under paragraph (5), and
b
the person found guilty, or any other person claiming to have an interest in the object, applies to be heard by the judicial officer,
the judicial officer must not make the order unless the applicant has been given an opportunity to be heard.
8
If a copy of the object concerned is in the offender’s possession, the judicial officer may order that the copy shall be forfeited and dealt with in such manner as the judicial officer may order.
9
Paragraphs (6) and (7) apply for the purposes of paragraph (8) as they apply for the purposes of paragraph (5), but as if references to the object were references to the copy.
10
An object or information shall be inadmissible as evidence in civil proceedings if to adduce it would in the opinion of the court be likely to constitute an offence under paragraph (1); and “the court” here means the court before which the civil proceedings are being taken.
Common law rules as to disclosure
20
1
The rules of common law which —
a
were effective immediately before 1st January 2008, and
b
relate to the disclosure of material by the prosecutor,
do not apply as regards things falling to be done after that time in relation to the alleged offence.
2
Paragraph (1) does not affect the common law rules as to whether disclosure is in the public interest.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
7th March 2008


text:
Citation and extent
1
This Order may be cited as the Road Safety Act 2006 (Commencement No. 3) (England and Wales) Order 2008 and extends to England and Wales.
Commencement of section 45
2
Section 45 of the Road Safety Act 2006 (“ the Act ”) shall come into force on 30th July 2008.
Transitional provisions
3
Section 45(2) of the Act shall not have effect for the purposes of section 28(1) of the Vehicles (Crime) Act 2001 until 1st November 2008.
4
Section 45(3) to (7) of the Act shall not have effect until 1st November 2008.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
14th July 2008


text:
1
1
These Regulations may be cited as the Landfill Tax (Amendment) Regulations 2008 and come into force on 1st April 2008.
2
In these Regulations “the principal Regulations ” means the Landfill Tax Regulations 1996 .
2
In regulation 31(3) of the principal Regulations (entitlement to credit) for “6.6” substitute “6.0”.
3
1
Amend regulation 33A of the principal Regulations (obligations of approved bodies) as follows.
2
In paragraph (1)(h) for “14” substitute “28”.
3
In paragraph (1)(i) for “day specified in paragraph (3)” substitute “fourteenth day following the day on which the request is made”.
4
In paragraph (3) for “(1)(ha), (1)(hb) and (1)(i) is the fourteenth” substitute “(1)(ha) and (1)(hb) is the twenty-eighth”.
4
1
Amend regulation 34 of the principal Regulations (functions of the regulatory body) as follows.
2
Omit paragraph (1)(e).
3
In paragraphs (1)(h) and (1)(j) for “it has revoked” substitute “has been revoked under sub-paragraph (ee) or regulation 35(1)(h)”.
5
1
Amend regulation 35 of the principal Regulations (functions of the Commissioners) as follows.
2
Omit “and” at the end of paragraph (1)(f).
3
In paragraph (1)(g), for everything after “notices” substitute “under regulation 36; and”.
4
After paragraph (1)(g) insert —
h
may, with respect to the approval of a body approved under regulation 34(1)(a), revoke that approval if the approved body fails to comply with any requirement of regulation 33A(1).
.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
19th March 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines for Human Use (Prescribing) (Miscellaneous Amendments) Order 2008 and shall come into force on 4 th June 2008.
2
In this Order —
“the POM Order ” means the Prescription Only Medicines (Human Use) Order 1997 ; and
“the Pharmacy and General Sale Order ” means the Medicines (Pharmacy and General Sale — Exemption) Order 1980 .
Amendment of article 1 of the POM Order
2
In article 1 of the POM Order (citation, commencement and interpretation), in paragraph (2) after the definition of “operator” insert the following definition —
“optometrist independent prescriber” means a person —
who is a registered optometrist, and
against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as an optometrist independent prescriber;
.
Amendment of article 2 of the POM Order
3
In article 2 of the POM Order (appropriate practitioners), after paragraph (b) insert the following paragraph —
c
in relation to the descriptions and classes of medicinal products specified in article 3, other than medicinal products that are controlled drugs or for parenteral administration or both , optometrist independent prescribers.
.
Amendment of article 8 of the POM Order
4
In article 8 of the POM Order (exemptions for emergency sale or supply) —
a
in paragraph (2) —
i
in sub-paragraph (a), after “a nurse independent prescriber ” insert “, an optometrist independent prescriber”,
ii
in sub-paragraph (b), after “nurse independent prescriber” insert “, optometrist independent prescriber”, and
iii
in sub-paragraph (c), after “nurse independent prescriber” insert “, optometrist independent prescriber”; and
b
in paragraph (4), in sub-paragraph (a), in head (ii), after “nurse independent prescriber” insert “, optometrist independent prescriber”.
Amendment of article 15 of the POM Order
5
In article 15 of the POM Order (prescriptions), in paragraph (2), in sub-paragraph (c) —
a
in head (iii), after “a nurse independent prescriber” insert “, an optometrist independent prescriber”; and
b
in head (iv), after “a nurse independent prescriber” insert “, an optometrist independent prescriber”.
Amendment of article 1 of the Pharmacy and General Sale Order
6
In article 1 of the Pharmacy and General Sale Order (citation, commencement and interpretation), in paragraph (2), in sub-paragraph (a) after the definition of “operator” insert the following definition —
“optometrist independent prescriber” means a person —
who is a registered optometrist, and
against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as an optometrist independent prescriber;
.
Amendment of article 4AA of the Pharmacy and General Sale Order
7
In article 4AA of the Pharmacy and General Sale Order (exemption for sale, offer for sale or supply in hospitals and health centres), after “a pharmacist independent prescriber” insert “, an optometrist independent prescriber”.
Amendment of Schedule 3 to the Pharmacy and General Sale Order
8
In Schedule 3 to the Pharmacy and General Sale Order, in Part III (classes of individual by whom supplies may be made), for “registered ophthalmic opticians” substitute “registered optometrists”.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
22nd April 2008
Michael McGimpsey
Minister for Health, Social Services and Public Safety
16th April 2008


text:
Citation and commencement
1
This Order may be cited as the Crossrail (Qualifying Authorities) Order 2008 and shall come into force on 24th July 2008.
Undertakings given by local authorities
2
The relevant local authorities specified in the Schedule had, on or before the day on which the Bill for the Crossrail Act 2008 was reported from Select Committee in the House of Lords, given the Secretary of State undertakings with respect to the handling of planning matters arising under Schedule 7 to that Act which she considered satisfactory and have not subsequently been released from their undertakings.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
Department for Transport
23rd July 2008


text:
Title and commencement
1
These Regulations may be cited as the Transfrontier Shipment of Waste (Amendment) Regulations 2008 and come into force on 5th February 2008.
Amendments
2
The Transfrontier Shipment of Waste Regulations 2007 are amended as follows.
Amendments to regulation 4
3
1
In regulation 4(1), after the definition of “authorised person”, insert the following definition —
“ Commission Regulation (EC) No 1418/2007 ” means Commission Regulation (EC) No 1418/2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply;
.
2
At the end of regulation 4, add —
;
c
Commission Regulation (EC) No 1418/2007 is a reference to that Regulation as amended from time to time
.
Amendment to regulation 19
4
In regulation 19(1), after the words “Article 3(1)(a) or (b)”, insert “or Article 3(5)”.
Regulations 23A and 23B
5
After regulation 23, insert —
Requirements for export of waste listed in Annex III or IIIA to non-OECD Decision countries
23A
1
This regulation applies to waste —
a
listed in Annex III or IIIA to the Community Regulation; and
b
the export of which is not prohibited under Article 36.
2
A person who transports waste destined for recovery in any country listed in the Annex to Commission Regulation (EC) No 1418/2007 (being a country to which the OECD Decision does not apply) commits an offence if he does so in breach of that Regulation.
3
A person who transports waste destined for recovery in any other country to which the OECD Decision does not apply commits an offence if he does so without complying with the procedure of prior written notification and consent as described in Article 35, in accordance with the second paragraph of Article 37(2).
4
In either case, he commits an offence if he transports such waste in breach of Article 37(4) (requirement for consignment only to facilities operating or authorised to operate under the applicable national law of the country of destination).
Requirements for export of waste classified under more than one entry in Annex III etc. to non-OECD Decision countries
23B
1
This regulation applies to waste specified in Article 37(5) that is —
a
destined for recovery in a country to which the OECD Decision does not apply; and
b
the export of which is not prohibited under Article 36.
2
A person who transports such waste commits an offence if he does so —
a
without the procedure of prior written notification and consent as described in Article 35 having been complied with in accordance with Article 37(5); or
b
in breach of Article 37(4) (requirement for consignment only to facilities operating or authorised to operate under the applicable national law of the country of destination).
.
Joan Ruddock
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
7th January 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Land Registration Act 2002 (Amendment) Order 2008 and shall come into force on 6 April 2009.
2
In this Order, “ the Act ” means the Land Registration Act 2002.
Amendment of section 4 of the Act
2
1
In section 4 of the Act (when title must be registered), subsection (1) is amended as follows.
2
In paragraph (a), omit the “or” preceding sub-paragraph (ii), and after that sub-paragraph insert —
or
iii
giving effect to a partition of land subject to a trust of land;
.
3
After paragraph (a) insert —
aa
the transfer of a qualifying estate —
i
by a deed that appoints, or by virtue of section 83 of the Charities Act 1993 has effect as if it appointed, a new trustee or is made in consequence of the appointment of a new trustee, or
ii
by a vesting order under section 44 of the Trustee Act 1925 that is consequential on the appointment of a new trustee;
.
Amendment of section 7 of the Act
3
In section 7 of the Act (effect of non-compliance with section 6), in subsection (2), before the “and “ at the end of paragraph (a) insert —
aa
in a case fallling within section 4(1)(aa), the title to the legal estate reverts to the person in whom it was vested immediately before the transfer,
,
Signed by the authority of the Lord Chancellor
Michael Wills
Minister of State
Ministry of Justice
6th November 2008