text:
1
This order may be cited as the Armed Forces Act 2006 (Commencement No. 2) Order 2007.
2
The following provisions of the Armed Forces Act 2006 shall come into force on 15 th October 2007 —
section 358 so far as is necessary to bring into force paragraphs 33 to 36 of Schedule 14;
section 378(1) so far as is necessary to bring into force paragraphs 22 and 25 of Schedule 16; and
section 360.
3
The following provisions of the Armed Forces Act 2006 shall come into force on 1 st January 2008 —
section 272(2) so far as is necessary to bring into force paragraphs 9 and 36(a)(ii) and (iii) of Schedule 8;
sections 334 to 339, 366, 367 (so far as it relates to sections 334 to 338), 368 and 369;
section 374 so far as is necessary to bring into force the definitions of “officer” , “service police force”, “service policeman”, “subject to service law”, “the regular forces” and “the reserve forces”;
section 375(1) and (5);
section 378(1) so far as is necessary to bring into force 16, 20, 21, 23, 24, 26, 27, 29 to 38, 54 to 58, 71, 80, 82, 100 (so far as not already in force), 136, 150, 178 and 187 (so far as not already in force) of Schedule 16; and
section 378(2) so far as is necessary to bring into force Schedule 17 to the extent specified below:
in the Courts-Martial (Appeals) Act 1951 , the repeal of section 28;
in the Army Act 1955 , the repeal of section 180;
in the Air Force Act 1955 , the repeal of section 180;
in the Naval Discipline Act 1957 , the repeal of section 130;
in the Courts-Martial (Appeals) Act 1968 , in sections 11(1) and 34(1)(a) the repeal of the words “the Judge Advocate of Her Majesty’s Fleet or”;
in the House of Commons Disqualification Act 1975 , in Part 3 of Schedule 1 the repeal of the words “Judge Advocate of the Fleet”;
in the Northern Ireland Assembly Disqualification Act 1975 , in Part 3 of Schedule 1 the repeal of the words “Judge Advocate of the Fleet”;
in the Judicial Pensions and Retirement Act 1993 , in Part 2 of Schedule 1 and in Schedule 5 the repeal of the words “Judge Advocate of Her Majesty’s Fleet”;
in the Criminal Justice and Police Act 2001 , the repeal of section 88(8)(j); and
in the Constitutional Reform Act 2005 , in the table in Part 1 of Schedule 14 the repeal of the entry relating to the Judge Advocate of Her Majesty’s Fleet.
4
1
The repeal of section 180 of the Army Act 1955, of section 180 of the Air Force Act 1955 and of section 130 of the Naval Discipline Act 1957 shall not have effect in relation to a complaint that was made before 1 st January 2008.
2
Without prejudice to paragraph (1), the repeal of section 180(2) of the Army Act 1955, of section 180(2) of the Air Force Act 1955 and of section 130(2) of the Naval Discipline Act 1957 shall not have effect in relation to a matter of complaint that occurred before 1 st January 2008, or which began before, and continues to occur after, that date.
3
The repeals in the Judicial Pensions and Retirement Act 1993 do not affect the operation of any provision of or made under that Act, or anything done under such provision, in relation to the office of, or service of, the Judge Advocate of Her Majesty’s Fleet.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
8th October 2007


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) (Amendment) Regulations 2007 and shall come into force on 17th August 2007.
Amendment of the Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2007
2
1
The Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2007 are amended in accordance with paragraph (2).
2
In regulation 2 (interpretation) after ““ dBm/MHz ””, for “means decibel per milliWatt” substitute “means decibel milliWatt per megahertz”.
David Currie
Chairman of the Office of Communications
For and by the authority of the Office of Communications
16th August 2007


text:
Title, application and commencement
1
These Regulations may be cited as the Meat (Official Controls Charges) (England) Regulations 2007, apply in relation to England only and come into force on 26th March 2007.
Interpretation
2
In these Regulations —
“accounting period” means a period of less than a year determined by the Agency;
“the Agency” means the Food Standards Agency;
“agreed slaughterhouse staff costs” means, in respect of any slaughterhouse at which poultry or lagomorphs are slaughtered -
the proportion (expressed as a sum of money) of the salaries (including overtime payments and employers’ pension and National Insurance contributions) paid to the staff at that slaughterhouse in respect of an accounting period that the Agency and the operator of the slaughterhouse may agree as being attributable to any such staff assisting with official controls by carrying out certain tasks there during that period under Article 5.6 of Regulation 854/2004; plus
25% of that sum;
“cutting plant” means an establishment which is used for boning and/or cutting up fresh meat for placing on the market and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31 st December 2005, operating as licensed cutting premises under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 ;
“cutting up” has the meaning that it bears in Regulation 853/2004 and “cut up” shall be construed accordingly;
“Directive 2004/41”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2075/2005” and “Regulation 2076/2005” have the meanings respectively given to them in Schedule 1;
“domestic ungulates” has the meaning given to it in point 1.2 of Annex I to Regulation 853/2004;
“employers’ National Insurance contributions” means those social security contributions for which employers are liable under Part I of the Social Security Contributions and Benefits Act 1992 ;
“establishment” has the meaning given to it in Article 2.1(c) of Regulation 852/2004;
“farmed game” has the meaning given to it in point 1.6 of Annex I to Regulation 853/2004;
“food business operator” has the meaning given to it in Article 3.3 of Regulation 178/2002;
“fresh meat” has the meaning given to it in point 1.10 of Annex I to Regulation 853/2004;
“game” has the meaning that it bears in Regulation 853/2004;
“game-handling establishment” means any establishment in which game and game meat obtained after hunting are prepared for placing on the market and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31 st December 2005, operating as a licensed wild game processing facility under the Wild Game (Hygiene and Inspection) Regulations 1995 ;
“game meat” has the meaning that it bears in Regulation 853/2004;
“lagomorphs” has the meaning given to it in point 1.4 of Annex I to Regulation 853/2004;
“meat” has the meaning given to it in point 1.1 of Annex I to Regulation 853/2004;
“official controls” means the controls performed by the Agency under Regulation 854/2004 —
at slaughterhouses, game-handling establishments and cutting plants, for the verification of compliance with the provisions of Regulation 853/2004 in so far as they apply in relation to meat of domestic ungulates, meat from poultry and lagomorphs, meat of farmed game or as the case may be meat of wild game; and
at slaughterhouses, for the verification of compliance with the provisions of the Welfare of Animals (Slaughter or Killing) Regulations 1995 insofar as they apply in relation to animals slaughtered for human consumption there;
“official controls charge” means the charge calculated in accordance with Schedule 2 and notified in accordance with regulation 3(1), (2) or (3);
“operator” means a food business operator who is carrying on the business of a slaughterhouse, game–handling establishment or cutting plant or his duly authorised representative;
“placing on the market” has the meaning given to it in Article 3.8 of Regulation 178/2002;
“poultry” has the meaning given to it in point 1.3 of Annex I to Regulation 853/2004;
“premises” means any slaughterhouse, game–handling establishment or cutting plant;
“slaughterhouse” means an establishment used for slaughtering and dressing animals, the meat of which is intended for human consumption and which —
is approved or conditionally approved under Article 31.2 of Regulation 882/2004; or
(although lacking the approval or conditional approval that it requires under Article 4.3 of Regulation 853/2004) was, on 31 st December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995;
“verification” means checking, by examination and provision of objective evidence; and
“wild game” has the meaning given to it in point 1.5 of Annex I to Regulation 853/2004.
Charges
3
1
The Agency shall, subject to the following provisions of this regulation, notify the operator of each slaughterhouse, game–handling establishment and cutting plant in which official controls have been exercised in any accounting period of an official controls charge in respect of those official controls as soon as practicable after the end of that period.
2
Where the Agency cannot comply with paragraph (1) because it has insufficient information available to it to enable it to calculate the official controls charge for any accounting period in respect of any such premises as are specified in that paragraph, it shall notify the operator of those premises of an interim charge, being such amount as the Agency estimates (having regard to the information it has) the official controls charge to be.
3
Where the Agency has notified an operator of an interim charge in accordance with paragraph (2), and sufficient information becomes available to the Agency to calculate the official controls charge, it shall calculate that charge and —
a
where it exceeds the interim charge, notify the operator of the final charge, being the amount by which the official controls charge exceeds the interim charge; or
b
subject to paragraph (6), where it is less than the interim charge, credit to the operator the amount by which the interim charge exceeds the official controls charge.
4
Any charge notified to an operator under paragraph (1), (2) or (3) shall be payable by him to the Agency on demand.
5
Where any agreed slaughterhouse staff costs have been used to calculate a charge falling to be notified under paragraph (1), (2) or (3), those costs shall be set off against the amount of that charge in calculating the actual charge notified thereunder, provided that no refund shall be made to the relevant operator.
6
Where under paragraph (3)(b) a sum is to be credited to an operator, the Agency may if it so determines pay such sum to the operator concerned instead of crediting it to him.
Withdrawal of official controls
4
Where the Agency has had judgment entered against an operator of any premises for any sum which is payable to it under regulation 3(4) and the operator fails within a reasonable time thereafter to satisfy the judgment, the Agency may (regardless of any other legal remedy open to it) refuse to exercise any further official controls at those premises until the judgment has been satisfied.
Information
5
1
Any person shall, on demand being made by the Agency, supply —
a
such information as the Agency may reasonably require for the purpose of calculating the official controls charge or notifying an operator of it; and
b
such evidence as the Agency may reasonably require to enable it to verify information supplied under sub–paragraph (a).
2
Any person who —
a
in purported compliance with paragraph (1), knowingly or recklessly furnishes information which is false or misleading in a material particular; or
b
without reasonable excuse, fails to comply within a reasonable time with a demand made under that paragraph,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Revocation
6
The Meat (Official Controls Charges) (England) Regulations 2006 are revoked.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State,
Department of Health
19th February 2007


text:
Title and commencement
1
This Order may be cited as the Plant Health ( Phytophthora ramorum ) (England) (Amendment) Order 2007 and comes into force on 15th August 2007.
Amendments to the Plant Health ( Phytophthora ramorum ) (England) Order 2004
2
1
The Plant Health ( Phytophthora ramorum ) (England) Order 2004 is amended as follows.
2
In article 2 (interpretation), in the definition of “plant passport”, insert “of the principal Order” after “Schedule 9”.
3
In article 6 (movement of susceptible material originating in England and elsewhere in the European Community or Switzerland), in paragraph (2), for “from its place of production” substitute “within the European Community”.
4
In article 15 (offences) —
a
for sub-paragraph (a) of paragraph (1) substitute —
a
subject to paragraph (1A), he contravenes or fails to comply with article 3, 4, 5(1), 6, 7(1) or (3), 8(1) or 11(1);
; and
b
after paragraph (1), insert —
1A
Paragraph (1)(a) shall not apply where an article of any description is landed in Great Britain in contravention of a prohibition in this Order.
5
For Schedule 1, substitute —
SCHEDULE 1
Articles 4(1)(a) and 10(1)
Susceptible material Requirements to be met in respect of the issuing of any phytosanitary certificate accompanying susceptible material (“the certificate”)
Acer macrophyllum Pursh.
Acer pseudoplatanus L.
Adiantum aleuticum (Rupr.) Paris
Adiantum jordanii C. Muell.
Aesculus californica (Spach) Nutt.
Aesculus hippocastanum L.
Arbutus menziesii Pursch.
Arbutus unedo L.
Arctostaphylos spp. Adans
Calluna vulgaris (L.) Hull
Camellia spp. L.
Castanea sativa Mill.
Fagus sylvatica L.
Frangula californica (Eschsch.) Gray
Frangula purshiana (DC.) Cooper
Fraxinus excelsior L.
Griselinia littoralis (Raoul)
Hamamelis virginiana L.
Heteromeles arbutifolia (Lindley) M. Roemer
Kalmia latifolia L.
Laurus nobilis L.
Leucothoe spp. D. Don
Lithocarpus densiflorus (Hook. & Arn.) Rehd.
Lonicera hispidula (Lindl.) Dougl. ex Torr. & Gray
Magnolia spp. L.
Michelia doltsopa Buch.-Ham. ex DC
Nothofagus obliqua (Mirbel) Blume
Osmanthus heterophyllus (G. Don) P. S. Green
Parrotia persica (DC) C.A. Meyer
Photinia x fraseri Dress
Pieris spp. D. Don
Pseudotsuga menziesii (Mirbel) Franco
Quercus spp. L.
Rhododendron spp. L., other than Rhododendron simsii Planch.
Rosa gymnocarpa Nutt.
Salix caprea L.
Sequoia sempervirens (Lamb. ex D. Don) Endl.
Syringa vulgaris L.
Taxus spp. L.
Trientalis latifolia (Hook)
Umbellularia californica (Hook. & Arn.) Nutt.
Vaccinium ovatum Pursh
Viburnum spp. L.
Either —
the certificate shall contain an additional declaration that the material originates in an area recognised by the official plant health service of the country from which the material originates (“the relevant plant health service”) as being free from non-European isolates of Phytophthora ramorum , in which case the name of the area from where the material originates shall be specified under “place of origin”; or
the certificate shall be issued only after official verification by the relevant plant health service that upon official inspections carried out during the last complete cycle of vegetation of the susceptible material the subject of the certificate, or upon laboratory testing of apparent symptoms of non-European isolates of Phytophthora ramorum , no signs of non-European isolates of Phytophthora ramorum have been found on susceptible material or any susceptible tree at the place of production; and
the certificate shall be issued only after representative samples of the plants have been taken before shipment, and have been tested and found free from non-European isolates of Phytophthora ramorum in these tests, in which case the certificate shall be endorsed by the relevant plant health service under the heading “additional declaration” with the statement “tested and found free from non-European isolates of Phytophthora ramorum ”.
6
In the second column of Schedule 2 —
a
in paragraph (b), for “once” substitute “twice”; and
b
in paragraph (c) —
i
in sub-paragraph (i), after “other susceptible material” insert “, including associated growing media and plant debris,”;
ii
omit “and” immediately after sub-paragraph (ii); and
iii
at the end of paragraph (iii) add —
; and
iv
appropriate phytosanitary measures have been taken within a radius of two metres from where infected plants have been standing
.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
21st July 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the School Organisation (Foundation Special Schools) (Application of Provisions Relating to Foundations) (England) Regulations 2007 and come into force on 25th May 2007.
2
These Regulations apply only in relation to England.
Application and modification of provisions relating to foundations
2
Section 21(3) of the School Standards and Framework Act 1998 applies to foundation special schools as it applies in relation to foundation and voluntary schools with the following modifications —
a
in paragraph (a) omit sub-paragraph (ii); and
b
in paragraph (b) omit sub-paragraph (ii).
Jim Knight
Minister of State
Department for Education and Skills
25th April 2007


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 2) Regulations 2007 and shall come into force on 6th April 2007.
2
These Regulations, other than regulation 2(3)(b), have effect in relation to times on and after 2nd December 2004.
3
Regulation 2(3)(b) has effect in relation to times on and after 20th July 2005.
Amendment of the Social Security (Contributions) Regulations 2001
2
1
Regulation 22 of the Social Security (Contributions) Regulations 2001 is amended as follows.
2
In paragraph (1) for “(8)” substitute “(10)”.
3
In paragraph (7), in the words after sub-paragraph (b) —
a
after “this paragraph” insert “and paragraphs (9) and (10)”; and
b
omit “by Schedule 22” to the end.
4
After paragraph (8) add —
9
The amount specified in this paragraph is any amount —
a
which, by reason of the operation of Schedule 2 to the Finance (No. 2) Act 2005, counts as employment income of the employed earner under any of Chapters 2 to 4 of Part 7 of ITEPA 2003 ; and
b
where the relevant date for that income determined under section 698(6) of ITEPA 2003 (whether or not the PAYE Regulations apply to that income) is on or after 2nd December 2004 and before 20th July 2005.
10
The amount specified in this paragraph is any amount —
a
which by virtue of the operation of section 92 of the Finance Act 2006 counts as employment income of the employed earner under any of Chapters 2 to 4 of Part 7 of ITEPA 2003; and
b
where the relevant date for that income determined under section 698(6) of ITEPA 2003 (whether or not the PAYE Regulations apply to that income) is on or after 2nd December 2004 and before 19th July 2006.
.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
29th March 2007
The Secretary of State concurs.
Signed by authority of the Secretary of State for Works and Pensions
James Purnell
Minister of State
Department for Work and Pensions
29th March 2007
The Department for Social Development concurs.
Sealed with the Official Seal of the Department for Social Development on the 28th day of March 2007.
John O’Neill
A Senior Officer of the Department for Social Development


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) (Amendment) Scheme 2007 and shall come into force on 9th April 2007.
2
In this Scheme, “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 , and, except where the context otherwise requires, a reference to a numbered Article, Part, Table or Schedule, is a reference to the Article, Part, Table or Schedule in the principal Scheme which bears that number.
Amendments to the principal Scheme and application
2
The amendments to the principal Scheme contained in Schedule 1 to this Scheme shall have effect.
Signed by authority of the Secretary of State for Defence
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
26th February 2007
We approve
Dave Watts
Alan Campbell
Two of the Lord’s Commissioners of Her Majesty’s Treasury
27th February 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Admissions Appeals Arrangements)(England)(Amendment) Regulations 2007 and come into force on 17th January 2008.
2
These Regulations apply only in relation to England and in relation to appeals against decisions communicated on or after 1st March 2008.
Amendment of Regulations
2
The Education (Admissions Appeals Arrangements)(England) Regulations 2002 are amended as follows.
3
For regulation 6(2) substitute the following —
2
Where the decision under appeal was made on the ground that prejudice of the kind referred to in section 86(3)(a) would arise as mentioned in subsection (4) of that section, an appeal panel may determine that a place is to be offered to the child only if they are satisfied —
a
that the child would have been offered a place if the admission arrangements (as published in accordance with regulations made under section 92) had been properly implemented; or
b
that the decision was not one which a reasonable admission authority would have made in the circumstances of the case.
.
4
At the end of regulation 7(1) insert “or associated training”.
5
After regulation 8 insert the following —
Training requirements for members
8A
1
No person shall serve as an appeal panel member unless he satisfies the training requirements mentioned in paragraph (2).
2
The training requirements mentioned in this paragraph are as follows —
a
within the year from 1st March 2007 to 29th February 2008, he has served as a clerk to or member of an appeal panel; or
b
he has within the last two years been given training on the following —
i
the requirements of these Regulations,
ii
the contents of any Code made under section 84 of the School Standards and Framework Act 1998 ,
iii
the role of the chair of an appeal panel,
iv
the role of the clerk to an appeal panel,
v
the role of panel members,
vi
the duties of an appeal panel under the Human Rights Act 1998 , the Sex Discrimination Act 1975 , the Race Relations Act 1976 , the Disability Discrimination Act 1995 and the Equality Act 2006 , and
vii
the need for the appeal panel to observe procedural fairness and the rules of natural justice.
3
Sub-paragraph (2)(a) shall cease to have effect on 1st March 2010.
4
Any training mentioned in sub-paragraph (2)(b) provided by an admission authority shall be provided free of charge.
6
For Schedule 1 substitute the following —
SCHEDULE 1
Constitution of Appeal Panels
Regulation 3
Arrangements made by a local education authority
1
1
Where the arrangements are those referred to in regulation 3(a), a panel shall consist of three or five members appointed by a local education authority from —
a
persons who are eligible to be lay members; and
b
persons who have experience in education, are acquainted with educational conditions in the area of the authority or are parents of registered pupils at a school.
2
Of the members of an appeal panel —
a
at least one must be a person who is eligible to be a lay member and is appointed as such; and
b
at least one must be a person falling within sub-paragraph (1)(b).
3
For the purposes of this paragraph a person is eligible to be a lay member if he is a person without personal experience in the management of any school or the provision of education in any school (disregarding any such experience as a governor or in any other voluntary capacity).
4
Sufficient persons may be appointed by the authority under this paragraph to enable two or more appeal panels to sit at the same time.
5
No person shall be a member of an appeal panel if he is disqualified by virtue of paragraph 6.
6
Where, at any time after an appeal panel which consists of five members have begun to consider an appeal, any of the members —
a
dies; or
b
becomes unable through illness to continue as a member;
the panel may continue with their consideration and determination of the appeal so long as the number of the remaining members is not less than three and the requirements of sub-paragraph (2) are satisfied.
Arrangements made by a governing body
2
1
Where the arrangements are those referred to in regulation 3(b), a panel shall consist of three or five members appointed by the governing body from —
a
persons who are eligible to be lay members; and
b
persons who have experience in education, are acquainted with educational conditions in the area of the authority or are parents of registered pupils at a school.
2
Of the members of an appeal panel —
a
at least one must be a person who is eligible to be a lay member and is appointed as such; and
b
at least one must be a person falling within sub-paragraph (1)(b).
3
For the purposes of this paragraph a person is eligible to be a lay member if he is a person without personal experience in the management of any school or the provision of education in any school (disregarding any such experience as a governor or in any other voluntary capacity).
4
Sufficient persons may be appointed by the governing body under this paragraph to enable two or more appeal panels to sit at the same time.
5
No person shall be a member of an appeal panel if he is disqualified by virtue of paragraph 6.
6
Where, at any time after an appeal consisting of five members have begun to consider an appeal, any of the members —
a
dies; or
b
becomes unable through illness to continue as a member;
the panel may continue with their consideration and determination of the appeal so long as the number of the remaining members is not less than three and the requirements of sub-paragraph (2) are satisfied.
Joint arrangements made by a governing body
3
Where the arrangements are those referred to in regulation 3(c) —
a
paragraph 2 applies as if any reference to the governing body were a reference to the governing bodies of both or all the schools; and
b
paragraph 6 applies as if any reference to the governing body of the school in question or to that school were a reference to any of those governing bodies or to any of those schools.
Joint arrangements by a local education authority and one or more governing body
4
Where the arrangements are those referred to in regulation 3(d) —
a
paragraph 1 applies; and
b
paragraph 6 applies in relation to those arrangements as if any reference to the governing body of the school in question or to that school were a reference to the governing body of any school to which the arrangements relate or to any such school.
Appeals by a governing body under section 95
5
1
Subject to sub-paragraph (2), where the arrangements are those referred to regulation 3(e), paragraph 1 applies.
2
A person shall not be a member of an appeal panel for the consideration of an appeal under section 95(2) if he has to any extent been involved in any previous consideration of the question whether the child in question should or should not be reinstated at any school from which he has at any time been permanently excluded, or in any previous appeal relating to the child under section 95(2).
Disqualification from membership of an appeal panel
6
1
The following persons are disqualified from membership of an appeal panel —
a
any member of the local education authority which is making the arrangements or which maintains the school in question;
b
any member or former member of the governing body of the school in question;
c
any person employed by the authority or the governing body of the school in question, other than a person employed as a teacher or as a teaching assistant;
d
any person who has, or at any time has had, any connection with the authority or the school, or with any person within sub-paragraph (c), of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the authority or the school;
e
any person who does not satisfy the training requirements mentioned in regulation 8A.
2
A person employed as a teacher or as a teaching assistant by the local education authority or by the governing body of another school maintained by the authority shall not be taken, by reason only of that employment, to have such a connection with the authority as is mentioned in sub-paragraph (1)(d).
3
A person who is a teacher or a teaching assistant at a school shall not be a member of an appeal panel for the consideration of an appeal involving a question whether a child is to be admitted to the school.
4
A person shall not be a member of an appeal panel for the consideration of an appeal against a decision if the person was among those who made the decision or provided information which contributed to the decision.
5
For the purposes of this paragraph a teaching assistant is a person who carries out work under paragraph 10 of Schedule 2 to the Education (Specified Work and Registration) (England) Regulations 2003 .
7
In Schedule 2 —
a
for paragraph 1(5)(c) substitute the following —
c
if the panel so direct, any person may attend a hearing of an appeal for the following purposes —
i
training, or
ii
appraisal of the performance of clerks or appeal panel members.
b
for paragraph 2(7)(b) substitute the following —
b
if the panel so direct, any person may attend a hearing of an appeal for the following purposes —
i
training, or
ii
appraisal of the performance of clerks or appeal panel members.
Jim Knight
Minister of State
Department for Children, Schools and Families
12th November 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2007, and shall come into force on 2 July 2007.
2
In these Regulations, “the Tribunal Regulations ” means the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 .
Amendment of regulation 1 of the Tribunal Regulations
2
In regulation 1(2) of the Tribunal Regulations (citation, commencement and interpretation) —
a
after “the 2002 Act”, insert the following definition —
“the 2006 Act ” means the Childcare Act 2006;
;
b
in the definition of “case”, in paragraph (b), after “the 1989 Act” insert “or section 74 of the 2006 Act”;
c
for the definition of “the Education Regulations”, substitute —
“the Education Regulations ” means the Education (Prohibition from Teaching or Working with Children) Regulations 2003 ;
;
d
in the definition of “registration authority”, in paragraph (b), after “the 1989 Act” insert “or section 74 of the 2006 Act”;
e
in the definition of “the respondent”, in paragraph (b), after “the 1989 Act” insert “or section 74 of the 2006 Act”; and
f
for the definition of “the Suspension Regulations” substitute —
the Suspension Regulations ” means —
the Childminding and Day Care (Suspension of Registration) (England) Regulations 2003 ;
the Suspension of Day Care Providers and Child Minders (Wales) Regulations 2004 ; or
the Childcare (Voluntary Registration) Regulations 2007 ;.
.
Amendment of regulation 4 of the Tribunal Regulations
3
In regulation 4 of the Tribunal Regulations (procedure for appeals, determinations and applications for leave) —
a
in paragraph (2), after “the 1989 Act” insert “or section 74 of the 2006 Act”;
b
for paragraph (4)(e) and (f), substitute —
e
an appeal under regulation 12(1)(a) of the Education Regulations against a direction given under section 142 of the 2002 Act;
f
an appeal under regulation 12(1)(aa) of the Education Regulations against a refusal to revoke such a direction; or
g
an appeal under regulation 12(1)(b) of the Education Regulations against a refusal to revoke or vary such a direction,
; and
c
for paragraph (7), substitute —
7
In the case of an appeal under the Suspension Regulations against —
a
a decision to suspend the registration of a person acting as a childminder or providing day care; or
b
where applicable, a refusal to lift the suspension of such registration,
the procedure set out in Schedule 7 shall apply.
.
Amendment of regulation 4A of the Tribunal Regulations
4
In regulation 4A of the Tribunal Regulations (misconceived appeals or applications etc ), in paragraph (1) —
a
in sub-paragraph (b), the “or” at the end is omitted; and
b
at the end of sub-paragraph (c) insert —
; or
d
the President or the nominated chairman considers that the appeal or application has no reasonable prospect of success.
.
Amendment of regulation 23 of the Tribunal Regulations
5
In regulation 23 of the Tribunal Regulations (the decision), in paragraph (5), after “the 1989 Act” insert “or section 72(2) of the 2006 Act”.
Amendment of Schedule 2 to the Tribunal Regulations
6
In Schedule 2 to the Tribunal Regulations (appeal under section 79M of the 1989 Act against a decision of the registration authority or an order of a justice of the peace) —
a
in the heading of the Schedule, after “the 1989 Act” insert “or section 74 of the 2006 Act”; and
b
in paragraph 1 (initiating an appeal) —
i
in sub-paragraph (1), after “the 1989 Act” insert “or section 74 of the 2006 Act”;
ii
in sub-paragraph (1)(a), for “that Act” substitute “the 1989 Act or section 74(1) of the 2006 Act”;
iii
after sub-paragraph (1)(a), insert —
aa
a prescribed determination under section 74(2) of the 2006 Act;
;
iv
in sub-paragraph (1)(b), for “that Act” substitute “the 1989 Act or section 72(2) of the 2006 Act”;
v
in sub-paragraph (2A), after “the 1989 Act” insert “or section 74(1)(a) of the 2006 Act”; and
vi
in sub-paragraph (4)(e)(i), in paragraph (dd), at the end, add “or any other determination of a prescribed description under section 74(2) of the 2006 Act”.
Amendment of Schedule 4 to the Tribunal Regulations
7
In Schedule 4 to the Tribunal Regulations (appeals and applications for leave to appeal under section 4 of the 1999 Act and appeals under regulation 13 of the Education Regulations) —
a
in the heading of the Schedule, the words “regulation 13 of” are omitted; and
b
in paragraph 1 (initiating an appeal) —
i
for sub-paragraph (1)(b) and (c), substitute —
b
under regulation 12(1)(a) of the Education Regulations against a direction given under section 142 of the 2002 Act;
c
under regulation 12(1)(aa) of the Education Regulations against a refusal to revoke such a direction; or
d
under regulation 12(1)(b) of the Education Regulations against a refusal to revoke or vary such a direction,
; and
ii
in sub-paragraph (4)(b), for “or (1)(c)”, substitute “, (1)(c) or (1)(d)”.
Amendment of Schedule 7 to the Tribunal Regulations
8
In Schedule 7 to the Tribunal Regulations (appeals under the Suspension Regulations), for paragraph 1(1) (initiating an appeal), substitute —
1
A person who wishes to appeal to the Tribunal under the Suspension Regulations against —
a
a decision to suspend the registration of a person acting as a childminder or providing day care; or
b
where applicable, a refusal to lift the suspension of such registration,
must do so by application in writing to the Secretary.
.
Signed by authority of the Secretary of State
Gerry Sutcliffe
Parliamentary Under-Secretary of State
Ministry of Justice
11th June 2007


text:
Citation and commencement
1
This Order may be cited as the Driving Licences (Exchangeable Licences) Order 2007 and shall come into force on 31st January 2007.
Interpretation
2
In this Order —
a
“driving test” means a test corresponding to the practical test of driving skills and behaviour prescribed under section 89 of the Road Traffic Act 1988 as part of the test of competence to drive;
b
“vehicle with automatic transmission” means a vehicle in which either —
i
the driver is not provided with any means whereby he may vary the gear ratio between the engine and the road wheels independently of the accelerator and the brakes, or
ii
he is provided with such means but they do not include a clutch pedal or lever which he may operate manually,
(and accordingly, a vehicle with manual transmission is any other class of vehicle); and
c
a reference to a licensing category is a reference to the category identified by the same letter or combination of letters in Schedule 2 to the Motor Vehicles (Driving Licences) Regulations 1999 .
Designation of Faroe Islands
3
1
Subject to paragraph (3), the Faroe Islands is designated under section 108(2)(b) of the Road Traffic Act 1988 as respects licences of the description specified in paragraph (2).
2
The licences referred to in paragraph (1) are licences which —
a
authorise the driving of a class of vehicles corresponding to a class of vehicles included in licensing category B, B1, B+E, F, K or P, and
b
have been granted by the licensing authority of the Faroe Islands —
i
to a person who has passed a driving test in the Faroe Islands, or
ii
by way of exchange for a licence granted in the United Kingdom or an EEA State (other than the United Kingdom) or in a country or territory named in the Schedule to a person who had passed a driving test in such a State, country or territory.
3
Notwithstanding that a licence of a description specified in paragraph (2) authorises the driving of vehicles with manual transmission, that licence shall be exchangeable only to the extent that it authorises the driving of vehicles with automatic transmission if it was granted to a person who passed a driving test in a vehicle with automatic transmission.
Signed by authority of the Secretary of State for Transport
S.J Ladyman
Minister of State
Department for Transport
17th January 2007


text:
Citation and commencement
1
1
This Order may be cited as the District of Wansbeck (Electoral Changes) Order 2007.
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2007, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2007.
Interpretation
2
In this Order —
“district” means the district of Wansbeck;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
“map” means the map marked “Map referred to in the District of Wansbeck (Electoral Changes) Order 2007”, of which prints are available for inspection at the principal office of the Electoral Commission;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 ; and
“registration officer” means an officer appointed for the purpose of, and in accordance with, section 8 of the Representation of the People Act 1983.
Wards of the district of Wansbeck
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into eighteen wards which shall be named as set out in column (1) of the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines.
4
The number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of the Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Map
4
Wansbeck District Council shall make a print of the map available for inspection at its offices by any member of the public at any reasonable time.
Electoral register
5
The registration officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Sealed with the seal of the Electoral Commission on the 25th day of January 2007
Sam Younger
Chairman of the Commission
25th January 2007
Peter Wardle
Chief Executive to the Commission
25th January 2007


text:
Title, commencement and application
1
1
These Regulations may be cited as the European Regional Development Fund (North East Operational Programme) (Implementation) Regulations 2007 and shall come into force on 31st January 2008.
2
These Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations —
“the 1998 Act ” means the Regional Development Agencies Act 1998 ;
“ the Agency ” means ONE NorthEast ;
“ the Commission ” means the Commission of the European Communities;
“commitment” means an agreement entered into by the Agency or a global grant body in relation to an award of assistance granted by the Fund ;
“the Council Regulation ” means Council Regulation ( EC ) No.1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No.1260/1999 ;
“the Fund” means the European Regional Development Fund, being one of the two Structural Funds referred to in Article 1;
“the Fund contribution” means the contribution from the Fund made available for the Operational Programme;
“global grant body” means a body entrusted under Article 42(1) with the management and implementation of a part of the Operational Programme;
“intermediate body” has the meaning given by Article 2;
“intermediate body functions” means the functions entrusted to the Agency by virtue of its designation as an intermediate body by regulation 3;
“the Managing Authority” means the authority designated under Article 59(1)(a) as the managing authority for the Operational Programme;
“North East region” means the region named “North East” in Schedule 1 to the 1998 Act;
“Operational Programme” means the document which —
is an “operational programme” within the meaning given by Article 2; and
sets out the development strategy to be carried out with the aid of the Fund in the North East region as a contribution towards achieving the Regional competitiveness and employment objective referred to in Article 3(2); and
“Schedule of Functions” means the document published by the Secretary of State on 19th December 2007 under the title “Schedule of Functions of the Managing Authority for the European Regional Development Fund: Operational Programme covering the Regional competitiveness and employment objective for North East England”, prepared for the purpose of defining the functions of the bodies concerned in the management and control of the Operational Programme .
2
In these Regulations, a reference to an Article is a reference to an Article of the Council Regulation.
Designation of intermediate body
3
1
The Agency is designated as an intermediate body for the purposes of Article 59(2) to carry out the functions of the Managing Authority referred to in paragraph (2) under the responsibility of the Managing Authority in relation to the management and implementation of the Operational Programme.
2
The functions entrusted to the Agency by virtue of its designation as an intermediate body are the functions specified in section 3 of the Schedule of Functions.
General duties of intermediate body
4
The Agency shall carry out the intermediate body functions, and shall do so in accordance with all requirements and procedures specified in the documents which (consistently with the general principles laid down by Article 58) set up the system of management and control of the Operational Programme.
Power to guide and direct the Agency
5
Section 27 of the 1998 Act (general power to give guidance and directions) shall apply in relation to the exercise by the Agency of the intermediate body functions as if the reference in subsection (1) to the Secretary of State were a reference to the Managing Authority.
Statement of accounts
6
In section 14 of the 1998 Act (accounts and records), the duty in subsection (1)(b) to prepare a statement of accounts shall apply in relation to the exercise by the Agency of the intermediate body functions as if —
a
the reference to the income of the agency included a reference to the amount of any payment to the Agency of the Fund contribution; and
b
the reference to the expenditure of the agency included a reference to the expenditure by the Agency of the Fund contribution.
Global grant bodies
7
1
A designation under Article 42(1) of a global grant body shall be made by notice in writing directed to the body concerned.
2
Neither the Secretary of State nor the Managing Authority shall designate a global grant body without the consent of the body concerned and without first consulting the Agency.
3
Where any part of the Operational Programme has been entrusted to a global grant body, that body shall manage and implement that part in accordance with the provisions of the agreement that it concludes with the Secretary of State or the Managing Authority under Article 42(1).
4
The Secretary of State may at any time by notice in writing revoke the designation of a global grant body made by the Secretary of State.
5
The Managing Authority may at any time by notice in writing revoke the designation of a global grant body made by the Managing Authority.
Recovery of sums paid under a commitment
8
In any case where a sum falls to be paid to the Agency or a global grant body under, or by virtue of any action or decision taken under, the terms of a commitment, the sum so falling to be paid shall be recoverable on demand by the Agency or the global grant body concerned.
Provision relating to payment of the contribution from the Fund
9
1
In the documents that set up the system of management and control of the Operational Programme in accordance with the general principles laid down by Article 58, the Secretary of State shall make provision in relation to —
a
payments by the Managing Authority of the Fund contribution;
b
payments by the Agency from the Fund contribution; and
c
the certification and audit of such payments.
2
The documents referred to in paragraph (1) may include provision for —
a
payment to the Agency of both instalments of the pre-financing amount for the Programme paid by the Commission in accordance with Article 82(1)(a);
b
payments to global grant bodies;
c
payments pursuant to a commitment;
d
relations which the Agency has with the certifying authority and the audit authority; and
e
relations which global grant bodies have with the Agency, the certifying authority and the audit authority.
3
The amount of any payment to the Agency of the Fund contribution shall not be a resource of the Agency, and the expenditure by the Agency of that contribution shall be expenditure of the Fund and not expenditure of the Agency.
4
Section 5 of the 1998 Act (powers) shall apply in relation to the exercise of the intermediate body functions as if the requirement in subsection (2) for the Secretary of State to consent to the giving of financial assistance were omitted.
5
In this regulation —
a
“the audit authority” means the authority designated for the Operational Programme under Article 59(1)(c); and
b
“the certifying authority” means the authority designated for the Operational Programme under Article 59(1)(b).
Signed by authority of the Secretary of State
John Healey
Minister of State
Department for Communities and Local Government
28th December 2007


text:
1
1
This Order may be cited as the Cumbria (Coroners’ Districts) Order 2007 and shall come into force on 1st May 2007.
2
This Order shall not have effect in relation to any inquest begun before the day on which it comes into force or to any post-mortem examination which, before that day, a coroner has directed or requested a medical practitioner to make.
2
1
The existing North Eastern coroner’s district, Western coroner’s district and South Cumbria and Furness coroner’s district in the county of Cumbria shall be abolished.
2
From the area comprising the coroners’ districts mentioned in paragraph (1) there shall be formed the two coroners’ districts named in column 1 of the Schedule to this Order which shall consist of the areas specified in column 2 of the Schedule.
3
The Cumbria (Coroners’ Districts) (No 2) Order 2004 is revoked.
Signed by authority of the Secretary of State
Harriet Harman,
Department for Constitutional Affairs
3rd April 2007


text:
Citation and commencement
1
These Regulations may be cited as the Recovery of Duties and Taxes Etc. Due in Other Member States (Corresponding UK Claims, Procedure and Supplementary) (Amendment) Regulations 2007 and shall come into force on 3rd January 2008.
Amendment of the Recovery of Duties and Taxes Etc. in Other Member States (Corresponding UK Claims, Procedure and Supplementary) Regulations ( S.I. 2004/674 )
2
The Recovery of Duties and Taxes Etc. Due in Other Member States (Corresponding UK Claims, Procedure and Supplementary) Regulations 2004 are amended as follows.
3
In regulation 2 (interpretation) for paragraphs (k) and (l) substitute —
k
“Council Directive 2006/112/ EC ” means that Directive as amended from time to time;
l
“the Directive” means Commission Directive 2002/94/EC , as amended from time to time, being the Directive laying down detailed rules for implementing certain provisions of the Mutual Assistance Recovery Directive;
.
4
In Part 1 of Schedule 1 (Corresponding Claims), in Column 1, in the entry relating to Value Added Tax, for “77/388/ EEC ” substitute “2006/112/EC”.
5
In Part 2 of Schedule 1 at the end of the Table insert —
Bulgaria данък върху доходите на физическите лица Income tax Income tax корпоративен данък Corporation tax Corporation tax данъци, удържани при източника Tax debited at source Income tax алтернативни данъци на корпоративния данък Alternative corporation tax Corporation tax окончателен годишен (патентен) данък Turnover tax (final annual tax) Income tax Romania impozitul pe venit Income tax Income tax impozitul pe profit Capital gains tax Capital gains tax impozitul pe veniturile obţinute din România de nerezidenţi Foreign nationals’ tax on Romanian income Income tax impozitul pe veniturile microîntreprinderilor Small business income tax Income tax impozitul pe clădiri Property tax Capital gains tax impozitul pe teren Land tax Capital gains tax
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
12th December 2007


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment (No. 2) Regulations 2007 and shall come into force on 31st July 2007.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
In the Social Security (Claims and Payments) Regulations 1987 , in Schedule 9 (deductions from benefit and direct payment to third parties) —
a
in paragraph 1(1) (interpretation) after the definition of “the Income Support Regulations” insert —
“integration loan which is recoverable by deductions” means an integration loan which is made under the Integration Loans for Refugees and Others Regulations 2007 and which is recoverable from the recipient by deductions from a specified benefit under regulation 9 of those Regulations
;
b
after paragraph 7C insert —
Integration loans
7D
Subject to paragraphs 2(2), 8 and 9, where a person has an integration loan which is recoverable by deductions, any weekly amount payable shall be equal to 5 per cent. of the personal allowance of a single claimant aged not less than 25 years, including where the loan is a joint loan.
;
c
in paragraph 8 (maximum amount of payments to third parties) —
i
in sub-paragraph (1) after “Fines Regulations” insert “, and in respect of an integration loan which is recoverable by deductions”; and
ii
in sub-paragraph (2) for “and 7” substitute “,7 and 7D”;
d
in paragraph 9 (priority as between certain debts) —
i
in sub-paragraph (1A)(b), for “and regulation 5 of the Council Tax Regulations” substitute “, regulation 5 of the Council Tax Regulations and regulation 9 of the Integration Loans for Refugees and Others Regulations 2007”; and
ii
after sub-paragraph (1B)(g) insert —
ga
any liability to repay an integration loan which is recoverable by deductions.
.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
27th June 2007


text:
1
This Order may be cited as the Children (Allocation of Proceedings) (Amendment) Order 2007 and shall come into force on 2nd April 2007.
2
The Children (Allocation of Proceedings) Order 1991 is amended in accordance with articles 3 and 4.
3
1
In the section headed “North and West Region” in Schedule 2 (care centres) —
a
after the entry for the local justice area of Carlisle and District, insert —
Chester, Ellesmere Port and Neston Chester County Court
;
b
after the entry for the local justice area of Fylde Coast, insert —
Halton Warrington County Court
;
c
after the entry for the local justice area of Liverpool, insert —
Macclesfield Warrington County Court
;
d
after the entry for the local justice area of Manchester City, insert —
Montgomeryshire Chester County Court
;
e
after the entry for the local justice area of St Helens, insert —
South Cheshire Stoke-on-Trent County Court
; and
f
after the entry for the local justice area of Trafford, insert —
Vale Royal Chester County Court Warrington Warrington County Court
.
2
In the section headed “Wales and Cheshire Region” in Schedule 2 —
a
omit “and Cheshire Region” from the heading “Wales and Cheshire Region”;
b
omit the entries for the local justice areas of Chester, Ellesmere Port and Neston, Halton, Macclesfield, Montgomeryshire, South Cheshire, Vale Royal and Warrington; and
c
after the entry for the local justice area of Vale of Glamorgan, insert —
Wrexham Wrexham County Court
.
4
In Schedule 3 (adoption centres), after “Worcester County Court”, insert “Wrexham County Court”.
Falconer of Thoroton, C.
8th March 2007


text:
Citation and commencement
1
This Order may be cited as the Social Security (Netherlands) Order 2007 and comes into force on 1st June 2007.
Modification of Acts
2
The Social Security Administration Act 1992, the Social Security Contributions and Benefits Act 1992 and the Jobseekers Act 1995 are modified to such extent as may be required to give effect to the provisions contained in the Convention set out in the Schedule so far as they relate to England, Wales and Scotland.
Revocation and Variation of Orders
3
1
The National Insurance and Industrial Injuries (Netherlands) Order 1955 is revoked.
2
The reference to the National Insurance and Industrial Injuries (Netherlands) Order 1955 shall be omitted in:
a
Schedule 1 to the Social Security (Reciprocal Agreements) Order 1976 ;
b
the Schedule to the Social Security (Reciprocal Agreements) Order 1979 ;
c
the Schedule to the Social Security (Reciprocal Agreements) Order 1988 ;
d
Schedule 2 and Schedule 3 to the Social Security (Reciprocal Agreements) Order 1995 ;
e
Schedule 2 to the Social Security (Reciprocal Agreements) Order 1996 ;
f
Schedule 2 to the Social Security (Reciprocal Agreements) Order 2001 ; and
g
Schedule 2 to the Social Security (Reciprocal Agreements) Order 2005 .
Christine Cook
Deputy Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 and comes into force on 1st August 2007.
2
In this Order —
“the 1967 Act ” means the Parliamentary Commissioner Act 1967 ;
“the 1974 Act ” means the Local Government Act 1974 ;
“the 1993 Act ” means the Health Service Commissioners Act 1993 .
Collaborative working
2
After section 11A of the 1967 Act insert —
Collaborative working between the Parliamentary Commissioner and other Commissioners
11ZAA
1
If at any stage in the course of conducting an investigation under this Act the Commissioner forms the opinion that the complaint relates partly to a matter within the jurisdiction of —
a
the Health Service Commissioner for England,
b
a Local Commissioner, or
c
both,
he may, subject to subsection (2) of this section, conduct an investigation under this Act jointly with that Commissioner or those Commissioners.
2
The Commissioner must obtain the consent of the person aggrieved or any person acting on his behalf in accordance with subsection (2) of section 6 of this Act before agreeing to a joint investigation referred to in subsection (1) of this section.
3
If the Commissioner forms the opinion that a complaint which is being investigated by —
a
the Health Service Commissioner for England,
b
a Local Commissioner, or
c
both,
relates partly to a matter within his jurisdiction, he may, subject to subsection (4) of this section, conduct an investigation under this Act jointly with that Commissioner or those Commissioners.
4
The Commissioner may not investigate a complaint jointly with another person under subsection (3) of this section unless the complaint has been made in accordance with section 5 of this Act.
5
If the Commissioner conducts an investigation of a complaint jointly with another person, the requirements of section 10 (so far as relating to a case where the Commissioner conducts an investigation under this Act) may be satisfied by a report made jointly with that person.
6
Apart from identifying the government department or other authority concerned, a report prepared by virtue of subsection (5) of this section by the Commissioner and a Local Commissioner shall not —
a
mention the name of any person, or
b
contain any particulars which, in the opinion of the Commissioner and the Local Commissioner, are likely to identify any person,
unless, after taking into account the public interest as well as the interests of the complainant and of persons other than the complainant, the Commissioner and the Local Commissioner consider it necessary to mention the name of that person or to include in the report any such particulars.
7
Nothing in subsection (6) of this section prevents a report —
a
mentioning the name of, or
b
containing particulars likely to identify,
the Mayor of London or any member of the London Assembly.
.
3
In section 3 of the 1967 Act (administrative provisions) , after subsection (2) insert —
2A
For the purposes of conducting a joint investigation referred to in section 11ZAA of this Act, any function of the Commissioner under this Act may be performed by any officer or member of staff of the Commission for Local Administration in England authorised for the purpose by the Commissioner.
.
4
After section 33 of the 1974 Act , insert —
Collaborative working between Local Commissioners and other Commissioners
33ZA
1
If at any stage in the course of conducting an investigation under this Act a Local Commissioner forms the opinion that the complaint relates partly to a matter within the jurisdiction of —
a
the Parliamentary Commissioner,
b
the Health Service Commissioner for England, or
c
both,
he may, subject to subsection (2) below, conduct an investigation under this Act jointly with that Commissioner or those Commissioners.
2
A Local Commissioner must obtain the consent of the person aggrieved or any person acting on his behalf in accordance with subsection (2) of section 27 of this Act before agreeing to a joint investigation referred to in subsection (1) above.
3
If a Local Commissioner forms the opinion that a complaint which is being investigated by —
a
the Parliamentary Commissioner,
b
the Health Service Commissioner, or
c
both,
relates partly to a matter within his jurisdiction, he may conduct an investigation under this Act jointly with that Commissioner or those Commissioners.
4
If a Local Commissioner conducts an investigation of a complaint jointly with another person, the requirements of section 30(1) (so far as relating to a case where the Local Commissioner conducts an investigation under this Act) may be satisfied by a report made jointly with that person.
5
In relation to an investigation which has been conducted jointly with another person a direction given by the Local Commissioner under section 30(7) of this Act may relate only to those parts of a joint report prepared by virtue of subsection (4) above which are specified in the direction.
.
5
In Schedule 4 to the 1974 Act (the Commission), in paragraph 4 , after sub-paragraph (5) insert —
6
For the purposes of conducting a joint investigation referred to in section 33ZA of this Act any function of a Local Commissioner may be performed by —
a
any officer of the Parliamentary Commissioner, or
b
any officer of the Health Service Commissioner for England,
who is authorised for the purpose by a Local Commissioner.
.
6
After section 18 of the 1993 Act (consultation during investigations) , insert —
Collaborative working between the Commissioner and other Commissioners
18ZA
1
If at any stage in the course of conducting an investigation under this Act the Commissioner forms the opinion that the complaint relates partly to a matter within the jurisdiction of —
a
the Parliamentary Commissioner,
b
a Local Commissioner, or
c
both,
he may, subject to subsection (2), conduct an investigation under this Act jointly with that Commissioner or those Commissioners.
2
The Commissioner must obtain the consent of the person aggrieved or any person acting on his behalf in accordance with section 9(3) before agreeing to a joint investigation referred to in subsection (1).
3
If the Commissioner forms the opinion that a complaint which is being investigated by —
a
the Parliamentary Commissioner,
b
a Local Commissioner, or
c
both,
relates partly to a matter within his jurisdiction, he may conduct an investigation under this Act jointly with that Commissioner or those Commissioners.
4
If the Commissioner conducts an investigation of a complaint jointly with another person, the requirements of section 14 (reports) (so far as relating to a case where the Commissioner conducts an investigation under this Act) may be satisfied by a report made jointly with that person.
5
Apart from identifying any body or provider investigated, a report prepared by virtue of subsection (4) by the Commissioner and a Local Commissioner shall not —
a
mention the name of any person, or
b
contain any particulars which, in the opinion of the Commissioner and the Local Commissioner, are likely to identify any person and can be omitted without impairing the effectiveness of the report,
unless, after taking into account the public interest as well as the interests of the complainant and of persons other than the complainant, the Commissioner and the Local Commissioner consider it necessary to mention the name of that person or to include in the report any such particulars.
6
Nothing in subsection (5) of this section prevents a report —
a
mentioning the name of, or
b
containing particulars likely to identify,
the Mayor of London or any member of the London Assembly.
.
7
In Schedule 1 to the 1993 Act (the English Commissioner) , after paragraph 12 insert —
12A
For the purposes of conducting a joint investigation referred to in section 18ZA, any function of the Commissioner under this Act may be performed by any officer or member of staff of the Parliamentary Commissioner or the Commission for Local Administration in England authorised for the purpose by the Commissioner.
.
Disclosure of information
8
In section 11 of the 1967 Act (provision for secrecy of information) , in subsection (2), after paragraph (a) insert —
aa
for the purposes of a complaint which is being investigated by the Health Service Commissioner for England or a Local Commissioner (or both);
.
9
In section 32 of the 1974 Act (law of defamation, and disclosure of information) , in subsection (1), after paragraph (b) insert —
ba
the publication of any matter by a Local Commissioner or by any officer of the Commission, in communicating with the Parliamentary Commissioner or the Health Service Commissioner for England or any officer of either such Commissioner for the purposes of this Part of this Act;
.
10
In section 32 of the 1974 Act (law of defamation, and disclosure of information), in subsection (2), after paragraph (a) insert —
aa
for the purposes of a complaint which is being investigated by the Parliamentary Commissioner or the Health Service Commissioner for England (or both); or
.
11
In section 15 of the 1993 Act (confidentiality of information) , in subsection (1), after paragraph (a) insert —
aa
for the purposes of a complaint which is being investigated by the Parliamentary Commissioner or a Local Commissioner (or both),
.
Mediation
12
In section 3 of the 1967 Act (administrative provisions), after subsection (1) insert —
1A
The Commissioner may appoint and pay a mediator or other appropriate person to assist him in the conduct of an investigation under this Act.
.
13
In section 29 of the 1974 Act (investigations: further provisions) , after subsection (6) insert —
6A
A Local Commissioner may appoint and pay a mediator or other appropriate person to assist him in the conduct of an investigation under this Act.
6B
Any person or persons appointed under subsection (6A) above shall be deemed to be an officer or officers of the Commission for Local Administration in carrying out his or their functions under that appointment.
.
14
In Schedule 1 to the 1993 Act (the English Commissioner) , in paragraph 11, after sub-paragraph (1) insert —
1A
The Health Service Commissioner for England may appoint and pay a mediator or other appropriate person to assist him in the conduct of an investigation under this Act.
.
Exhaustion of remedies
15
In section 26 of the 1974 Act (matters subject to investigation) , in subsection (5), for the words from “the complaint has” to the end substitute —
a
the complaint has been brought, by or on behalf of the person aggrieved, to the notice of the authority to which the complaint relates and that that authority has been afforded a reasonable opportunity to investigate, and reply to, the complaint; or
b
in the particular circumstances, it is not reasonable to expect the complaint to be brought to the notice of that authority or for that authority to be afforded a reasonable opportunity to investigate, and reply to, the complaint.
.
General
16
In section 12(1) of the 1967 Act (interpretation), after the definition of “enactment” insert —
“Local Commissioner” means a Local Commissioner under Part 3 of the Local Government Act 1974;
.
17
In section 19 of the 1993 Act (interpretation), after the definition of “local authority” insert —
“Local Commissioner” means a Local Commissioner under Part 3 of the Local Government Act 1974;
.
Hilary Armstrong
Minister for the Cabinet Office
27 June 2007


text:
Title and commencement
1
This Order may be cited as the Transport of Animals (Cleansing and Disinfection) (England) (No. 3) (Amendment) Order 2007 and comes into force on 24th April 2007.
Amendment
2
The Transport of Animals (Cleansing and Disinfection) (England) (No.3) Order 2003 is amended as follows —
a
in article 3, after paragraph (1), insert —
1A
This article shall not apply in the circumstances set out in Schedule 1A.
;
b
in article 3, omit paragraph (6);
c
insert the following Schedule —
SCHEDULE 1A
Circumstances in which article 3 shall not apply
Article 3(1A)
Journeys made within a single farming enterprise
1
The transport of animals within a single farming enterprise in one ownership.
Journeys between the same two points
2
1
The transport of animals —
a
between the same two points;
b
over the course of a single day; and
c
in a means of transport used exclusively for that purpose,
if article 3 is complied with in relation to the first and last journeys of the day.
2
In this paragraph, the transport of animals takes place over the course of a single day even if —
a
the last journey is begun but not completed on the day in question; and
b
in the case of a hoofed animal which has been participating in an event taking place during, or continuing into, the evening of the day in question, the last journey begins as soon as practicable after the end of that event, whether or not it begins before midnight.
3
This paragraph shall not apply to journeys between two sets of sale premises.
Journeys to and from livestock shows
3
The transport of animals from their premises of origin to a livestock show and back, in circumstances other than those set out in paragraph 2, if —
a
the means of transport used to transport those animals goes directly from the premises of origin to the show and does not leave the show before the return journey;
b
the only animals on the means of transport at the show are the animals it transported to the show;
c
the means of transport is only used to transport on the return journey animals that were transported in it to the show; and
d
the means of transport is returned from the show directly to the premises of origin.
Temporary unloading
4
Where animals have been unloaded from a means of transport solely to be fed or watered, or for some other temporary purpose, and then reloaded.
.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
26th March 2007


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Insurance Companies (Overseas Life Assurance Business) (Compliance) (Amendment) Regulations 2007 and shall come into force on 13th August 2007.
2
These Regulations have effect in relation to accounting periods beginning on or after 1st January 2007 and ending on or after the date on which these Regulations come into force.
Amendments to the Insurance Companies (Overseas Life Assurance Business) (Compliance) Regulations 1995
2
The Insurance Companies (Overseas Life Assurance Business) (Compliance) Regulations 1995 are amended as follows.
Amendment of regulation 2
3
1
Regulation 2 (interpretation) is amended as follows.
2
In paragraph (1) —
a
insert the following definitions in the appropriate places —
“child trust fund business” has the meaning given by section 431BA ;
, and
“excepted business” means pension business, individual savings account business, child trust fund business, life reinsurance business and long-term business which is not life assurance business;
;
b
for the definition of “individual savings account business” substitute —
“individual savings account business” has the meaning given by section 431BB;
;
c
for the definition of “relevant business” substitute —
“relevant business” means —
in the case of an overseas life insurance company, life assurance business carried on through a permanent establishment in the United Kingdom which is not excepted business, and
in any other case, life assurance business which is not excepted business;
;
d
in the definition of “relevant policy”, omit “, or any underlying policy,”; and
e
omit the definition of “underlying policy”.
3
In paragraph (3), omit “9, 10”.
Insertion of regulation 3B
4
After regulation 3A (exclusion of business of friendly society which is exempt from tax) insert —
Exclusion of tax exempt life assurance business
3B
These Regulations do not apply to any business of an insurance company the profits arising from which are exempt from corporation tax by virtue of section 460(11) or (12) of the Income and Corporation Taxes Act 1988 .
Amendment of regulation 4
5
In regulation 4 (business which is overseas life assurance business: general), for “11” substitute “8”.
Amendment of regulations 5, 7, 7A and 8
6
In the following places, for “branch” substitute “permanent establishment” —
a
regulation 5 (business other than reinsurance business effected by a company resident in the United Kingdom outside the United Kingdom) (wherever occurring),
b
regulation 7 (business other than reinsurance business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company – policies or contacts made on or after 1st January 1996) (wherever occurring except in paragraph (1A)),
c
regulation 7A (business other than reinsurance business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company – policy holder not within regulation 7) (wherever occurring except in paragraph (2)), and
d
regulation 8 (certain business other than reinsurance business where the company comes into possession of additional information) (wherever occurring except in paragraph (1A)).
Omission of regulations 9, 10, 10A and 11
7
Omit —
a
regulation 9 (reinsurance of business effected by a company resident in the United Kingdom outside the United Kingdom) ,
b
regulation 10 (reinsurance of business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company) ,
c
regulation 10A (reinsurance of business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company – policy holder not within regulation 7) , and
d
regulation 11 (classification of certain categories of reinsurance business as overseas life assurance business) .
Amendment of regulation 12
8
In regulation 12 (territories in which policy holders residing: general), for “16A” substitute “14A”.
Amendment of regulations 13, 14 and 14A
9
For “branch” substitute “permanent establishment” —
a
in regulation 13 (business other than reinsurance business effected by a company resident in the United Kingdom outside the United Kingdom) (wherever occurring except in paragraph (1A)),
b
in regulation 14 (business other than reinsurance business effected by a company resident in the United Kingdom outside the United Kingdom or by an overseas life insurance company) (wherever occurring except in paragraph (1A)), and
c
in regulation 14A (business other than reinsurance business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company – policy holder not within regulation 7) (wherever occurring except in paragraph (2)).
Omission of regulations 15, 16 and 16A
10
Omit —
a
regulation 15 (reinsurance business effected by a company resident in the United Kingdom outside the United Kingdom) ,
b
regulation 16 (reinsurance business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company) , and
c
regulation 16A (reinsurance business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company – policy holder not within regulation 7) .
Amendment of regulation 18
11
1
Regulation 18 (reclassification of policy or contract from date when it was effected) is amended as follows.
2
In paragraph (1) —
a
omit sub-paragraphs (aa), (b), (ba) and (d), and
b
in sub-paragraph (e) —
i
for “policy, contract or underlying policy” substitute “policy or contract”,
ii
omit “or the relevant business in relation to that underlying policy was entered into”,
iii
renumber paragraph (a) as paragraph (i), and
iv
renumber paragraph (b) as paragraph (ii).
3
Omit paragraph (2).
4
For paragraph (3), substitute —
3
The company shall treat the policy or contract as relating to basic life assurance and general annuity business from the date the policy or contract was made or transferred.
Amendment of regulation 19
12
1
Regulation 19 (reclassification of policy or contract from date after it was effected) is amended as follows.
2
In paragraph (1) —
a
omit sub-paragraphs (b) and (d), and
b
in sub-paragraph (e) —
i
for “policy, contract or underlying policy” substitute “policy or contract”,
ii
omit “or the relevant business in relation to that underlying policy was entered into”,
iii
renumber paragraph (a) as paragraph (i), and
iv
renumber paragraph (b) as paragraph (ii).
3
Omit paragraph (2).
4
For paragraph (3), substitute —
3
Subject to paragraphs (3A) and (3B) below, the company shall treat the policy or contract as relating to basic life assurance and general annuity business from the end of the accounting period in which the relevant date falls.
Mike Eland
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
20th July 2007


text:
Citation and commencement
1
This Order may be cited as the Social Security (Ireland) Order 2007 and comes into force on 1st October 2007.
Modification of Acts
2
The Social Security Administration Act 1992, the Social Security Contributions and Benefits Act 1992 and the Jobseekers Act 1995 are modified to such extent as may be required to give effect to the provisions contained in the Convention set out in Schedule 1, as amended by the Exchange of Notes set out in Schedule 2, so far as those provisions relate to England, Wales and Scotland.
Revocation and variation of Orders
3
1
The National Insurance and Industrial Injuries (Republic of Ireland) Order 1960 , the National Insurance (Republic of Ireland) Order 1966 , the National Insurance and Industrial Injuries (Republic of Ireland) Order 1968 and the National Insurance (Republic of Ireland) Order 1971 are revoked.
2
The references to any of these Orders shall be omitted in —
a
Schedule 1 to the Social Security (Reciprocal Agreements) Order 1976 ;
b
the Schedule to the Social Security (Reciprocal Agreements) Order 1979 ;
c
the Schedule to the Social Security (Reciprocal Agreements) Order 1988 ;
d
Schedule 2 to the Social Security (Reciprocal Agreements) Order 1995 ;
e
Schedule 2 to the Social Security (Reciprocal Agreements) Order 1996 ;
f
Schedule 2 to the Social Security (Reciprocal Agreements) Order 2001 ; and
g
Schedule 2 to the Social Security (Reciprocal Agreements) Order 2005 .
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the School Governance (Procedures) (England) (Amendment) Regulations 2007 and come into force on 25th May 2007.
Amendment of the School Governance (Procedures) (England) Regulations 2003
2
The School Governance (Procedures) (England) Regulations 2003 are amended as follows —
a
in regulation 3(1) after the definition of “the 2002 Act” insert the following definition —
“the 2006 Act ” means the Education and Inspections Act 2006;
;
b
in regulation 3(1), for the definition of “the Constitution Regulations ” substitute —
“the Constitution Regulations” means the School Governance (Constitution) (England) Regulations 2007 ;
;
c
in regulations 5(1), 5(5)(c), 5(6) and 7(1), for “section 18 of the 1998 Act” insert “section 67 of the 2006 Act ”;
d
for regulation 9(e)(i) substitute —
i
regulations 19 ( Notification of appointments ) and 23 ( Resignation ) of, and paragraph 12 of Schedule 6 ( Notification to clerk ) to, the Constitution Regulations; and
;
e
in regulation 11(5)(b) omit “or”;
f
in regulation 11(5)(c) after “the 1998 Act” insert “or”;
g
after regulation 11(5)(c) insert the following sub-paragraph —
d
a decision to change the name of the school,
;
h
in regulation 12(2), before the words “Every question to be decided” insert “Subject to paragraph (4A),”;
i
after regulation 12(4), insert the following paragraph —
4A
No decision to change the name of the school shall have effect unless —
a
the matter in question is specified as an item of business on the agenda for a meeting of the governing body of which notice has been given in accordance with regulation 11(4); and
b
all of the members of the governing body vote in favour of the change of name,
provided that where any governor is unable to attend the meeting at which the change in name is to be considered, he may vote by proxy where such proxy is a governor or associate member whose appointment is in writing and signed by the governor so unable to attend.
j
for regulation 17(1)(a) substitute —
a
section 30 of the 1998 Act and sections 15 and 16 of the 2006 Act ( Discontinuance of maintained schools );
ba
paragraph 21(4) of Schedule 2 to the 2006 Act ( approved proposals not to be implemented );
;
k
for regulation 17(1)(b) substitute —
b
section 19 of the 2006 Act ( Alteration of maintained schools );
;
l
for regulation 17(1)(d) substitute —
d
section 88 of the 2006 Act ( Responsibility of governing bodies for discipline ) ;
;
m
for regulation 17(1)(e) substitute —
e
sections 88, 89, 89A, 89D, 90(8) or 90A of the 1998 Act and section 3(1)(cc) of the Diocesan Boards of Education Measure 1991 (which relate to the determination of admission arrangements), section 90(1) of the 1998 Act (which relates to the reference to the schools adjudicator of objections about admission arrangements), or section 94 of the 1998 Act (in so far as it relates to the making of appeal arrangements by the governing body); and
;
n
after regulation 17(1)(e) insert the following sub-paragraph —
f
regulation 15 ( Suspension of governors ).
.
Jim Knight
Minister of State
Department for Education and Skills
22nd March 2007


text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicles (Operators’ Licences) (Fees) (Amendment) Regulations 2007 and shall come into force on 1st April 2007.
Amendments
2
The Schedule to the Public Service Vehicles (Operators’ Licences) (Fees) Regulations 1995 (the “principal Regulations”) is amended by substituting —
a
in relation to fee number (i), “£213” for “£202”;
b
in relation to fee number (ii), “£141” for “£134”;
c
in relation to fee numbers (iii) and (iv), respectively —
i
in column 3, “£141” for “£134”; and
ii
in column 5, “£28” for “£27” in each place where it occurs;
d
in relation to fee number (v), “£108” for “£102”;
e
in relation to fee number (vi) —
i
in column 3, “£6” for “£5.75”; and
ii
in column 5, “£7” for “£6.50”;
f
in relation to fee numbers (vii) and (viii), respectively “£56” for “£53”; and
g
in relation to fee number (ix), “£15” for “£14”.
Transitional provisions
3
Where a decision has been made before the coming into force of these Regulations on an application for the grant of a standard or restricted licence under section 14(1) of the Public Passenger Vehicles Act 1981 , the fee prescribed in the principal Regulations immediately before the coming into force of these Regulations applies notwithstanding that the period of 21 days within which it is payable has not expired before that date.
Signed by authority of the Secretary of State for Transport
S.J. Ladyman
Minister of State
Department for Transport
6th March 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Crime and Disorder (Prescribed Information) Regulations 2007 and shall come into force on 1st August 2007.
2
In these Regulations —
“area” means a local government area;
“depersonalised information” means information that does not constitute personal data within the meaning of the Data Protection Act 1998 ;
“general postcode address” means the outward part of the postcode of an address;
“hospital” means a hospital as defined in section 275 of the National Health Service Act 2006 that provides services on behalf of a Primary Care Trust or a Local Health Board;
“information period” means each consecutive period of three months beginning on 1st July 2007;
“school” has the meaning given to it in section 4 of the Education Act 1996 ; and
“the 1998 Act ” means the Crime and Disorder Act 1998.
Sharing of Information by Responsible Authorities
2
The information prescribed for the purposes of section 17A of the 1998 Act is depersonalised information of the description specified in the Schedule for the information period.
3
1
The interval at which the information of the description specified in the Schedule is to be disclosed is prescribed for the purposes of section 17A of the 1998 Act as by the end of the information period following that to which the information relates.
2
The first information period within which information shall be disclosed is the period beginning on 1st October 2007.
4
The form prescribed for the purposes of section 17A of the 1998 Act as the form in which the information of the description specified in the Schedule is to be disclosed is electronically.
Scotland of Asthal, Q.C.
Minister of State
Home Office
22nd June 2007


text:
Citation and commencement
1
These Regulations may be cited as the Childcare (Disqualification) Regulations 2007 and come into force on 6th April 2007.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Childcare Act 2006;
“the 1989 Act ” means the Children Act 1989 ;
“the 2000 Act ” means the Criminal Justice and Court Services Act 2000 ;
“direction” means a direction made, or which has effect as if made, under section 142 of the Education Act 2002 on the grounds set out in subsection (4)(a), (b) or (d) of that section;
“relevant order” and “senior court” have the same meanings as in section 30(1) of the 2000 Act.
2
In these Regulations a person has been “found to have committed” an offence if —
a
he has been convicted of an offence;
b
he has been found not guilty of an offence by reason of insanity;
c
he has been found to be under a disability and to have done the act charged against him in respect of such an offence; or
d
on or after 6th April 2007 he has been given a caution in respect of an offence by a police officer after he has admitted that offence.
3
In these Regulations a person has been found to have committed an offence that is “related to” an offence if he has been found to have committed an offence of —
a
attempting, conspiring or incitement to commit that offence; or
b
aiding, abetting, counselling or procuring the commission of that offence.
Care of children and offences against children or adults
3
1
Subject to paragraph (9) and regulation 8, a person is disqualified from registration if any of the following provisions of this regulation apply to him.
2
Any of the orders or other determinations specified in Schedule 1 has been made —
a
with respect to him;
b
which prevents him from being registered in relation to any facility in which children are looked after or from being involved in the management of or otherwise concerned with the provision of any such facility; or
c
with respect to a child who has been in his care.
3
An order has been made with respect to him under section 104 of the Sexual Offences Act 2003 .
4
He has been found to have committed an offence against a child within the meaning of section 26(1) of the 2000 Act.
5
He —
a
has been found to have committed any offence specified in paragraph 1 of Schedule 2 or an offence that is related to such an offence; or
b
falls within paragraph 2 of that Schedule,
despite the fact that the statutory offences in that Schedule have been repealed.
6
He has been found to have committed any offence other than an offence referred to in paragraph (4) or (5) involving bodily injury to, or death of, a child.
7
He has been found to have committed any offence specified in Schedule 3 or an offence that is related to such an offence.
8
He has been —
a
found to have committed any offence, committed against a person aged 18 or over, mentioned in paragraph 2 of Schedule 4 to the 2000 Act or an offence that is related to such an offence; or
b
charged with any offence, committed against a person aged 18 or over, mentioned in paragraph 2 of Schedule 4 to the 2000 Act or an offence that is related to such an offence in respect of which a relevant order has been imposed by a senior court.
9
A person shall not be disqualified from registration under paragraphs (1) to (8) in respect of any order, determination or offence if —
a
he has successfully appealed against the order, determination or conviction;
b
a caution in respect of that offence has been withdrawn or set aside; or
c
a direction based wholly or in part on the offence has been revoked.
Overseas offences
4
1
Subject to regulation 8, a person is disqualified from registration if he has been found to have done an act which —
a
constituted an offence under the law in force in a country outside the United Kingdom; and
b
would constitute an offence requiring disqualification from registration under these Regulations if it had been done in any part of the United Kingdom.
2
In paragraph (1) a person has been “found to have done an act which constituted an offence” if, under the law in force in a country outside the United Kingdom —
a
he has been convicted of an offence (whether or not he has been punished for it);
b
he has been cautioned in respect of an offence;
c
a court exercising jurisdiction under that law has made in respect of an offence a finding equivalent to a finding that he is not guilty by reason of insanity; or
d
such a court has made in respect of an offence a finding equivalent to a finding that he is under a disability and did the act charged against him.
3
A person shall not be disqualified from registration under paragraph (1) in respect of any finding if, under the law in force in the country concerned, such finding has been reversed.
4
An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of this regulation however it is described in that law.
Protection of Children Act list
5
A person who is included in the list kept under section 1 of the Protection of Children Act 1999 (list of those considered by the Secretary of State unsuitable to work with children) is disqualified from registration.
Direction in relation to the employment of teachers etc.
6
1
Subject to regulation 8, a person is disqualified from registration if any of the following provisions of this regulation apply to him.
2
He is subject to a direction.
3
He is a person in respect of whom an order has been made under article 70(2)(e) of the Education and Libraries (Northern Ireland) Order 1986 or article 8 of the Education and Libraries (Northern Ireland) Order 1987 .
Persons living or working on premises where a disqualified person lives
7
Subject to regulation 8, a person who lives —
a
in the same household as another person who is disqualified from registration; or
b
in a household in which any such person is employed,
is disqualified from registration.
Waivers
8
1
Subject to paragraph (3), where a person would be disqualified from registration by virtue of regulation 3, 4, 6(1) and 6(3) or 7 but that person has disclosed to the Chief Inspector the facts which would otherwise cause him to be disqualified, the Chief Inspector may give her consent to waive the disqualification and that person shall not, in respect of the facts so disclosed, be regarded as disqualified from registration for the purposes of regulations 3, 4, 6(1) and 6(3) or 7.
2
Any consent given by the Chief Inspector under paragraph (1) shall be in writing and shall specify the extent to which the disqualification from registration is waived.
3
In relation to a person who would be disqualified from registration by virtue of regulation 3(4), this regulation shall not apply where a court has made an order under section 28(4), 29(4) or 29A(2) of the 2000 Act.
Appeals
9
Any determination made by the Chief Inspector as to whether to give consent under regulation 8 is a prescribed determination for the purposes of section 74(2) of the Act.
Duty of disclosure
10
1
A person who has been registered under Chapter 4 of Part 3 of the Act has a continuing duty throughout the period of his registration to provide the Chief Inspector with the information listed in paragraph (2) in respect of the persons listed in paragraph (3) in relation to any order, determination, conviction or other ground for disqualification from registration under these Regulations.
2
A registered person must provide the following information to the Chief Inspector for the purposes of paragraph (1) —
a
details of the precise nature of the order, determination, conviction or other ground for disqualification from registration;
b
the date when the order, determination or conviction was made or when any other ground for disqualification from registration arose;
c
the body or court by which any order, determination or conviction was made and the sentence, if any, imposed;
d
in relation to any order or conviction, a certified copy of the relevant order or court order.
3
The persons in respect of whom the information listed in paragraph (2) must be supplied for the purposes of paragraph (1) are —
a
the registered person; and
b
any person who lives in the same household as the registered person or who is employed in that household.
4
The information referred to in paragraph (2) must be provided to the Chief Inspector within 14 days of the time when the registered person became aware of that information or ought reasonably to have become aware of it if he had made reasonable enquiries.
5
Any allegation that a registered person has failed to meet the requirements prescribed in this regulation may be taken into account by the Chief Inspector in the exercise of her functions under Part 3 of the Act.
6
Any allegation that a registered person has failed to meet the requirements prescribed in this regulation may be taken into account in any proceedings under Part 3 of the Act.
Beverley Hughes
Minister of State
Department for Education and Skills
6th March 2007