text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Scheme 2008 and shall come into force on 9th April 2008.
2
In this Scheme —
“lesser incapacity allowance” means the allowance payable in accordance with article 5 of the principal Scheme;
“the operative date” means 9th April 2008;
“the principal Scheme” means the Workmen’s Compensation (Supplementation) Scheme 1982 .
Amendment of article 5 of the principal Scheme
2
In article 5(2) (lesser incapacity allowances under scheme) of the principal Scheme, for “11th April 2007” substitute “9th April 2008”.
Substitution of Schedule 1 to the principal Scheme
3
For Schedule 1 (table of rates) to the principal Scheme substitute the following —
SCHEDULE 1
Article 5
PART 1 TABLE OF RATES OF LESSER INCAPACITY ALLOWANCE FOR BENEFICIARIES TO WHOM ARTICLE 5(2) APPLIES
Rate of lesser incapacity allowance from 11th April 2007 to 8th April 2008 Rate of lesser incapacity allowance from 9th April 2008
£ £ 4.05 4.20 10.90 11.35 18.35 19.05 26.60 27.60 38.20 39.70 48.65 50.55
PART 2 TABLE OF LOSS OF EARNINGS AND CORRESPONDING RATES OF LESSER INCAPACITY ALLOWANCE
Loss of earnings Rate of lesser incapacity allowance
£ £ 13.70 4.20 30.00 11.35 46.50 19.05 54.90 27.60 67.00 39.70 Over 67.00 50.55
Transitional Provision
4
1
Where a beneficiary was, before the operative date, in receipt of lesser incapacity allowance and the final calculation of loss of earnings required by article 7(2) of the principal Scheme had not been made in respect of the beneficiary by that date, the beneficiary is treated as entitled, from that date, to an allowance at the same rate as if the final calculation had been made before that date.
2
This paragraph applies to a case where lesser incapacity allowance is payable in respect of a period before the operative date and the claim for the allowance was either —
a
not made before the operative date and the allowance is awarded for a period beginning on or after that date at one of the rates shown in the second column of Part 2 of Schedule 1 to the principal Scheme (as amended by this Scheme); or
b
made but not determined before the operative date.
3
In a case to which paragraph (2) applies, the rate payable in respect of the period before the operative date is that which would have been payable had the amendment to the principal Scheme made by article 3 of this Scheme not been made.
4
Where a lesser incapacity allowance has been awarded before the operative date and a question arises as to the weekly rate payable in consequence of this Scheme —
a
the case shall be reconsidered in the light of the amendments made by, and transitional provisions contained in, this Scheme; and
b
the allowance continues to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Work and Pensions
Mike O’Brien
Minister of State
Department of Work and Pensions
11th March 2008
We consent,
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2008


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2008 and shall come into force on the 6th April 2008.
2
In these Regulations “the principal Regulations ” means the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005 .
Amendment of regulation 3 of the principal Regulations
2
1
Regulation 3 (entitlement to benefit) of the principal Regulations is amended as follows.
2
In paragraph (3)(a)(iii) and (d)(iii), for the sum of “£14,495” substitute “£15,575”.
3
In paragraph (3)(a)(iii) and (d)(iii), after “and”, insert “except as provided for under paragraph (7)”.
4
For paragraph (3)(e) substitute —
e
a child who —
i
is under the age of four years; and
ii
is a member of the family of a person who —
aa
is entitled to income support, or an income-based jobseeker’s allowance, or child tax credit, where the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credit Act 2002 is determined at the time of the award not to exceed £15,575;and
bb
except as provided for under paragraph (7) is not entitled to working tax credit.
.
5
In regulation 3 of the principal Regulations, after paragraph (6), add —
7
For the purposes of paragraph (3)(a)(iii), (d)(iii) and (e) and paragraph 4(1)(a)(iii) of Schedule 2, a person shall be treated as not entitled to working tax credit where regulation 7D (ceasing to undertake work or working less than 16 hours per week) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 applies.
.
Amendment of regulation 8 of the principal Regulations
3
In regulation 8 (issue of voucher) of the principal Regulations —
a
in paragraph (3), for the sum of “£2.80” substitute “£3.00”; and
b
after paragraph (3), insert —
3A
Where Regulations amend the amount in paragraph (3), the new amount shall only apply in relation to vouchers issued (not re-issued in respect of a period prior to the date on which the new amount takes effect) after the date of coming into force of the amending regulations.
.
Amendment to Schedule 2 to the principal Regulations
4
For paragraph 4(1)(a)(iii) of Schedule 2 of the principal Regulations, substitute —
iii
child tax credit, where the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credit Act 2002 is determined at the time of the award not to exceed £15,575, and except as provided under regulation 3(7) the person is not entitled to working tax credit; and
.
Signed by authority of the Secretary of State for Health
Dawn Primarolo
Minister of State
Department of Health
18th February 2008


text:
Citation and commencement
1
1
This Order may be cited as the Isle of Wight (Electoral Changes) Order 2008.
2
This Order, with the exception of articles 8, 9 and 11, 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 2009 on 15th October 2008;
b
for all other purposes, on the ordinary day of election of councillors in 2009.
3
Articles 8, 9 and 11 come into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parishes of Newport, Ryde and Whippingham to be held on the ordinary day of election of councillors in 2010, on 15th October 2009;
b
for all other purposes, on the ordinary day of election of councillors in 2010.
Interpretation
2
In this Order —
“county” means the county of Isle of Wight;
“existing” means existing on the date this Order is made;
“map” means the map marked “Map referred to in the Isle of Wight (Electoral Changes) Order 2008”, of which prints are available for inspection at the principal office of the Electoral Commission: and any reference to a numbered sheet is a reference to the sheet of the map which bears that number;
“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.
Electoral divisions of the Isle of Wight
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into thirty-nine electoral divisions which shall be named as set out in column (1) of the Schedule.
3
Each electoral division shall comprise the area designated on the map by reference to the name of the electoral division and demarcated by red lines.
4
The number of councillors to be elected for each electoral division shall be the number specified in respect of the electoral division 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.
Wards of the parish of Cowes
4
1
The existing wards of the parish of Cowes shall be abolished.
2
The parish shall be divided into four wards which shall be named Cowes Medina, Cowes North, Cowes South and Cowes West.
3
Each ward shall comprise the area designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each of Cowes Medina and Cowes North wards shall be five, and for each of Cowes South and Cowes West wards shall be three.
Wards of the parish of East Cowes
5
1
The existing wards of the parish of East Cowes shall be abolished.
2
The parish shall be divided into two wards which shall be named East Cowes North and Osborne.
3
Each ward shall comprise the area designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each ward shall be four.
Wards of the parish of Freshwater
6
1
The existing wards of the parish of Freshwater shall be abolished.
2
The parish shall be divided into two wards which shall be named Afton and Norton.
3
Each ward shall comprise the area designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each ward shall be seven.
Wards of the parish of Lake
7
1
The existing wards of the parish of Lake shall be abolished.
2
The parish shall be divided into two wards which shall be named Lake North and Lake South.
3
Each ward shall comprise the area designated on sheet 8 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for Lake North ward shall be seven, and for Lake South ward shall be three.
Wards of the parish of Newport
8
1
The existing wards of the parish of Newport shall be abolished.
2
The parish shall be divided into seven wards which shall be named Carisbrooke, Newport Central, Newport East, Newport North, Newport South, Newport West and Parkhurst.
3
Each ward shall comprise the area designated on sheets 3, 4, 5 and 6 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each ward shall be two.
Wards of the parish of Ryde
9
1
The existing wards of the parish of Ryde shall be abolished.
2
The parish shall be divided into seven wards which shall be named Binstead, Haylands, Ryde East, Ryde North East, Ryde North West, Ryde South and Ryde West.
3
Each ward shall comprise the area designated on sheet 7 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each of Ryde North West and Ryde West wards shall be three, and for each of Binstead, Haylands, Ryde East, Ryde North East and Ryde South wards shall be two.
Wards of the parish of Shanklin
10
1
The existing wards of the parish of Shanklin shall be abolished.
2
The parish shall be divided into three wards which shall be named Shanklin Central, Shanklin North and Shanklin South.
3
Each ward shall comprise the area designated on sheets 8 and 9 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each of Shanklin Central and Shanklin South wards shall be six, and for Shanklin North ward shall be three.
Wards of the parish of Whippingham
11
1
The parish of Whippingham shall be divided into two wards which shall be named Whippingham North and Whippingham South.
2
Each ward shall comprise the area designated on sheets 3 and 5 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for Whippingham North ward shall be five and for Whippingham South ward shall be one.
Map
12
Isle of Wight 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
13
The registration officer for the county 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 16th day of September 2008
Bob Posner
Legal Counsel to the Commission
16th September 2008


text:
Citation and commencement
1
1
This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment (No.3) Order 2008 and shall come into force on 25th July 2008.
2
Article 2 shall have effect from 1st April 2007.
Amendment of Schedule 1 to the Income-related Benefits (Subsidy to Authorities) Order 1998
2
For Schedule 1 to the Income-related Benefits (Subsidy to Authorities) Order 1998 (sums used in the calculation of subsidy) substitute the Schedule set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Work and Pensions
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
19th June 2008
We consent
F. Roy
Alan Campbell
Two of the Lord Commissioners of Her Majesty’s Treasury
23rd June 2008


text:
Citation, application and commencement
1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) (No. 2) Regulations 2008.
2
These Regulations apply in relation to England and Wales .
3
These Regulations shall come into force on 16th December 2008 and have effect from 1st December 2008, apart from regulation 3 which shall come into force on 1st April 2009.
Amendment of the Local Government Pension Scheme (Administration) Regulations 2008
2
The Local Government Pension Scheme (Administration) Regulations 2008 are amended in accordance with regulations 3 and 4.
3
In regulation 5 (employees of non-Scheme employers: community admission bodies) omit paragraph (2)(d) and (e).
4
In regulation 38 (special circumstances where revised actuarial valuations and certificates must be obtained) —
a
in paragraph (2), for “Where” substitute “Subject to paragraph (3A), where”;
b
after paragraph (3) insert —
3A
Paragraph (2) does not apply where, by virtue of a transfer scheme, the liabilities of the Housing Corporation relating to pensions of current or former employees have been transferred to the Homes and Communities Agency or the Regulator of Social Housing .
3B
But the Homes and Communities Agency or the Regulator of Social Housing, as the case may be, shall make arrangements with the relevant administering authority as to the contributions necessary to secure the funding of those liabilities.
3C
Those arrangements shall include provision for the past service deficit to be paid in 15 annual instalments, the first of which shall be paid no later than 31st March 2009.
3D
In paragraph (3C) “the past service deficit” means the deficit calculated as at 31st March 2007 from the actuarial valuation obtained under regulation 77 of the 1997 Regulations of the fund of which the Housing Corporation is a community admission body, revalorised by the fund actuary as at 30th November 2008, in respect of —
a
employees transferred by virtue of a transfer scheme; and
b
deferred and pensioner members to whom that scheme applies.
3E
An admission agreement with a relevant administering authority shall provide that if it appears, on an actuarial valuation of the assets and liabilities of the relevant pension fund (whether under regulation 36 or otherwise), that an increased individual adjustment is required, the Homes and Communities Agency or the Regulator of Social Housing, as the case may be, will notify the Secretary of State forthwith.
3F
An employee of the Housing Corporation whose contract of employment is transferred to the Homes and Communities Agency or the Regulator of Social Housing by virtue of a transfer scheme shall be treated as having —
a
applied in writing for the purposes of paragraph (6)(a) of regulation 13 (joining the Scheme); and
b
given notice for the purposes of paragraph (1) of regulation 16 (re-employed and rejoining deferred members).
3G
In this regulation —
a
“individual adjustment” has the meaning given by regulation 36(7);
b
“relevant administering authority” means an administering authority which enters into an admission agreement with the Homes and Communities Agency or the Regulator of Social Housing following a transfer mentioned in paragraph (3A); and
c
“transfer scheme” means a scheme made under section 65 of the Housing and Regeneration Act 2008 .
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
17th November 2008


text:
Title, application and commencement
1
These Regulations —
a
may be cited as the Pesticides (Maximum Residue Levels) (England and Wales) Regulations 2008;
b
apply in relation to England and Wales; and
c
come into force on 1st November 2008.
Interpretation
2
1
In these Regulations —
“inspector” has the meaning given by regulation 8(1) ;
“local authority” means —
in any part of England where there is a unitary authority, that authority;
in any part of England where there is not a unitary authority —
in a metropolitan district, the council of that district,
in a non-metropolitan county, the council of that county,
in each London borough, the council of that borough,
in the City of London, the Common Council;
in Wales, a county council or county borough council.
“Regulation 396/2005” means Regulation (EC) No 396/2005 of the European Parliament and of the Council on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC .
2
Any reference in these Regulations to Regulation 396/2005 is a reference to that Regulation as amended from time to time.
3
Expressions used in both these Regulations and Regulation 396/2005 have the same meaning in these Regulations as they have in Regulation 396/2005.
Notices
3
Any notice under these Regulations —
a
must be in writing;
b
may be subject to conditions; and
c
may be amended, suspended or revoked by a notice issued by an inspector.
Designated national authority
4
The Health and Safety Executive is the designated national authority for the purposes of Article 38 of Regulation 396/2005.
Functions of the member State
5
The functions of the member State in Regulation 396/2005, other than those specified in Article 34 (sanctions) and Article 38 (designation of national authorities), are to be performed by the Health and Safety Executive.
Compliance with MRLs
6
It is an offence for any person to —
a
place on the market as food or feed, or
b
feed to any animal,
any product covered by Annex I to Regulation 396/2005 in breach of Article 18(1) of that Regulation as read with Article 20(1) of that Regulation.
Prohibition on processing and mixing products
7
It is an offence for any person to process or mix any products specified in Article 19 of Regulation 396/2005 in breach of that Article.
Powers of inspectors
8
1
The Health and Safety Executive (in England) and the Welsh Ministers (in Wales) may appoint any person to be an inspector for the purposes of these Regulations.
2
Schedule 1 (powers of inspectors) has effect.
Obstruction
9
It is an offence —
a
intentionally to obstruct any person acting in the execution of these Regulations;
b
knowingly to give any information that is false or misleading to any person acting in the execution of these Regulations;
c
intentionally to fail to disclose any material particular to any person acting in the execution of these Regulations; or
d
to fail, without reasonable excuse —
i
to give any assistance that any person acting in the execution of these Regulations may require, or
ii
to produce any record that any person acting in the execution of these Regulations may require to be produced,
for the performance of that person’s functions under these Regulations.
Offences by bodies corporate
10
1
If an offence under these Regulations committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer, or
b
to be attributable to any neglect on the officer’s part,
the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body.
3
“Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
Penalties
11
A person guilty of an offence under these Regulations is liable —
a
on summary conviction to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
Enforcement
12
These Regulations are enforced —
a
in England, by the Health and Safety Executive; and
b
in Wales, by the Welsh Ministers.
Revocations
13
Schedule 2 (revoked instruments) has effect.
Phil Woolas
Minister of State
Department for Environment, Food and Rural Affairs
2nd October 2008
Elin Jones
Minister for Rural Affairs, one of the Welsh Ministers
29th September 2008


text:
Citation and commencement
1
This Order may be cited as the Land Registration (Proper Office) (Amendment) Order 2008 and shall come into force on 10th November 2008.
Amendment of the Land Registration (Proper Office) Order 2007
2
1
The Land Registration (Proper Office) Order 2007 is amended as follows.
2
For article 2(2) substitute —
2
In this article “conveyancer” means —
a
a solicitor,
b
a licensed conveyancer within the meaning of section 11(2) of the Administration of Justice Act 1985 ,
c
a fellow of the Institute of Legal Executives,
d
a barrister,
e
a duly certified notary public, or
f
a registered European lawyer within the meaning of the European Communities (Lawyer’s Practice) Regulations 2000 who by virtue of regulations 6 and 12 of those regulations is entitled to prepare for remuneration an instrument creating or transferring an interest in land in England and Wales.
.
Signed by authority of the Lord Chancellor
Michael Wills
Minister of State
Ministry of Justice
17th July 2008


text:
1
This Order may be cited as the Penwith College, Penzance (Dissolution) Order 2008 and comes into force on 1st April 2008.
2
On 1st April 2008 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Truro College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st April 2008 as if the references in that section–
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st April 2008;
c
to the transferor were to the corporation; and
d
to the corporation were to Truro College.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
6th March 2008


text:
Title, application and commencement
1
These Regulations may be cited as the Food Labelling (Declaration of Allergens) (England) Regulations 2008, apply in relation to England only and come into force on 31st May 2008.
Amendment of the Food Labelling Regulations 1996
2
1
The Food Labelling Regulations 1996 are amended (in so far as they apply in relation to England) in accordance with paragraphs (2) to (7).
2
In regulation 2(1) (interpretation), in the definition of Directive 2000/13 for the words “Commission Directive 2005/26/EC ” to the end substitute “Commission Directive 2007/68/EC amending Annex IIIa to Directive 2000/13/EC of the European Parliament and of the Council as regards certain food ingredients ;”.
3
In regulation 13(8)(c) —
a
omit the expression “paragraphs 1 to 11 of”; and
b
omit the passage beginning with the words “other than” and ending with the words “that allergenic ingredient”.
4
In regulation 34B(1) —
a
for the expression “paragraphs (2) and (3)” substitute “paragraph (2)”; and
b
omit the expression “paragraphs 1 to 11 of”.
5
In regulation 34B(2)(b) —
a
omit the expression “subject to paragraph (3) of this regulation,”; and
b
omit the expression “paragraphs 1 to 11 of”.
6
In regulation 50 (transitional provision), after paragraph (14) insert the following —
15
In any proceedings for an offence under regulation 44(1)(a) it shall be a defence to prove that —
a
the food concerned was sold before 31st May 2009 or marked or labelled before that date; and
b
the matters constituting the alleged offence would not have constituted an offence under these Regulations if the amendments made by regulation 2 of the Food Labelling (Declaration of Allergens) (England) Regulations 2008 had not been in operation when the food was sold.
.
7
For the contents of Schedule AA1 (allergenic ingredients) substitute the contents of the Schedule to these Regulations.
Revocations
3
The following Regulations or provisions are revoked —
a
Regulation 34B(3) of, and Schedule 2A to, the Food Labelling Regulations 1996;
b
The Schedule to the Food Labelling (Amendment) (England) (No.2) Regulations 2004 ;
c
The Food Labelling (Amendment) (England) (No.2) Regulations 2005 ;
d
The Food Labelling (Amendment) (England) (No.2) (Amendment) Regulations 2005 ;
e
The Food Labelling (Declaration of Allergens) (England) Regulations 2007 .
Signed by authority of the Secretary of State for Health
Dawn Primarolo
Minister of State
Department of Health
24th April 2008


text:
Title and commencement
1
This Order may be cited as the Dee Estuary Cockle Fishery Order 2008 and comes into force on 1st July 2008.
Interpretation
2
In this Order —
“the Act” means the Sea Fisheries (Shellfish) Act 1967;
“cockle” means any shellfish of the type Cerastoderma edule ;
“the fishery” means the area shown coloured in red on the map prepared in triplicate, sealed with the official seal of the Secretary of State, signed on 5th June 2008 on behalf of the Secretary of State and the Welsh Ministers and marked “Dee Estuary Cockle Fishery Order 2008 – Definitive map showing the extent of the area concerned” ;
“the grantee” means the Environment Agency.
Right of regulating a fishery and duration of right
3
1
The grantee has the right of regulating a fishery for cockles within the fishery for a period of 20 years starting on 1st July 2008.
2
This right includes the right, with the consent of the appropriate national authority, to impose restrictions on, and make regulations respecting, the dredging, fishing for or taking of cockles within the limits of the fishery.
3
In this article, “the appropriate national authority” means —
a
in relation to England, the Secretary of State; and
b
in relation to Wales, the Welsh Ministers.
Regulations and restrictions applicable in respect of the fishery
4
1
No person may dredge, fish for or take cockles within the fishery unless they do so under the terms of —
a
a licence issued by the grantee; or
b
an authorisation under article 6.
2
A licensee must produce a copy of the licence if requested to do so by an authorised officer of the grantee and may not dredge, fish for or take cockles within the limits of the fishery until the licence has been produced.
3
Paragraph (1) does not apply to any person who —
a
takes by hand not more than five kilograms in live weight of cockles from the fishery in any one day for personal consumption; or
b
dredges, fishes for or takes cockles in pursuance of provision made under section 3(1)(c) of the Act.
4
Schedule 1 (regulations and restrictions applicable to the fishery) has effect.
Licence terms, duration of licences and tolls
5
1
Schedule 2 (terms which may be attached to a licence) has effect.
2
The duration of a licence must not be longer than one year from the date on which it is issued.
3
The grantee may not issue a licence to a person until that person has paid a toll.
4
Where a licence is to be valid for one year, the toll is £992.
5
Where a licence is to be valid for less than one year, the toll is calculated pro rata based on the duration of the licence in relation to the duration of time the fishery is open in the year in question.
Authorisations
6
1
The grantee may on application from a licensee authorise a second person to dredge, fish for or take cockles within the fishery under the same conditions as the licensee, for the same or a shorter period.
2
Any such authorisation is effective only when the grantee has entered in writing on the licence the name of the authorised person and the duration of the authorisation.
3
An authorised person may not dredge, fish for or take cockles within the fishery at the same time as the licensee.
Accounts of income and expenditure, other information and inspections
7
1
The grantee must give the Secretary of State and the Welsh Ministers annual accounts of its income and expenditure under this Order.
2
The grantee must comply with any request made by the Secretary of State or the Welsh Ministers for information relating to this Order.
3
The grantee must allow any person authorised by the Secretary of State or the Welsh Ministers to inspect the fishery and all accounts and other documents in the possession of the grantee relating to this Order, and must give that person any information relating to these matters which that person may require.
Lawful activities of statutory undertakers
8
1
Nothing in this Order or in any restriction imposed or regulation made under it adversely affects the lawful activities of any statutory undertaker.
2
In this article, “statutory undertaker” means —
a
any person licensed under Part I of the Gas Act 1986 to act as a gas transporter, interconnector, supplier or shipper;
b
any person licensed under section 6 of the Electricity Act 1989 ;
c
any person providing a designated communications network or service or a designated associated facility within the meaning of the Communications Act 2003 ;
d
any company licensed as a water supplier under section 17A of the Water Industry Act 1991 or appointed as a water or sewerage undertaker under section 6 of that Act;
e
any person carrying on the undertaking of any navigation, harbour, general lighthouse or conservancy authority; or
f
any person authorised by any enactment to carry on any undertaking for the supply of hydraulic power.
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
8th June 2008
Elin Jones
Minister for Rural Affairs, one of the Welsh Ministers
6th June 2008


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Discretionary Housing Payment (Grants) Amendment Order 2008 and shall come into force on 22nd May 2008.
2
Article 2(6) of this Order shall apply in respect of any year commencing on or after 2 nd July 2001.
3
Articles 1 and 2(1) to (5) of this Order shall apply in respect any year commencing on or after 1 st April 2006.
4
In this Order, “the 2001 Order ” means the Discretionary Housing Payments (Grants) Order 2001 .
Amendment of the 2001 Order
2
1
The 2001 Order is amended as follows.
2
Sub-paragraph (2)(g) of article 3 (claims) is omitted.
3
Paragraphs (1) and (2) of article 4 (records and information provisions) are omitted.
4
Article 5 (audit provisions) is omitted.
5
For article 6 (payment) substitute —
6
Subject to article 6A, the Secretary of State may make payments by way of instalments by reference to claims submitted in accordance with article 3 but no final payment shall be made until the Secretary of State is satisfied that no request for information in accordance with article 4 is outstanding.
.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
22nd April 2008
We consent
Alan Campbell
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
24th April 2008


text:
Citation
1
This Order may be cited as the Road Safety Act 2006 (Commencement No.3) Order 2008.
Commencement of section 46
2
Section 46 of the Road Safety Act 2006 (which extends Part 2 of the Vehicles (Crime) Act 2001 to Scotland and Northern Ireland) shall come into force on 31st July 2008.
Transitional provision
3
Sections 17(1) and 28 of the Vehicles (Crime) Act 2001 shall not apply before 1st November 2008 to any person in Scotland or Northern Ireland.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
14th July 2008


text:
PART 1 The Traffic Signs (Amendment) Regulations 2008
Citation and Commencement
1
These Regulations —
a
may be cited as the Traffic Signs (Amendment) Regulations 2008;
b
together with the General Directions contained in Part 2 of this Instrument, may be cited as the Traffic Signs (Amendment) Regulations and General Directions 2008; and
c
shall come into force on 15th September 2008.
Preliminary
2
The Traffic Signs Regulations 2002 are amended as follows.
New traffic sign
3
1
In Schedule 4 after diagram 880 insert the diagram 880.1 set out in the Schedule to these Regulations.
2
In Schedule 17, item 4, column (2), insert “880.1” after “880”.
References to General Directions
4
1
In item 2 of the untitled table below diagram 671 in Schedule 2, after “11(5)” insert “, 11(6), 11(7)”.
2
In item 2 of the untitled table below diagram 675 in Schedule 2, after “7” insert “, 8”.
3
In item 2 of the untitled table below diagram 880 in Schedule 4, substitute “32, 18(1)” for “32(2)”.
4
In item 3 of the untitled table below diagram 880 in Schedule 4, substitute “1065” for “None”.
5
In item 3 of the untitled table below diagram 1065 in Schedule 6, after “674” insert “,880”.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
12th August 2008


text:
Citation
1
1
This Order may be cited as the Crime (International Co-operation) Act 2003 (Commencement No 4) Order 2008.
2
In this Order —
“ the Act ” means the Crime (International Co-operation) Act 2003.
Provisions coming into force once the convention on driving disqualifications applies between the United Kingdom and Ireland
2
1
Subject to paragraphs (3) and (4), the provisions of the Crime (International Co-operation) Act 2003 specified in paragraph (2) come into force on the day which is —
a
90 days after the date on which the United Kingdom and Ireland make declarations under Article 15(4) of the convention on driving disqualifications, or
b
(if they are not made on the same date) 90 days after the later of the dates on which those declarations are made.
2
The provisions are —
a
in Part 3 —
Chapter 1;
b
Schedule 3;
c
in Schedule 5 —
paragraphs 5 and 6,
paragraph 18(b) , and
paragraph 27(a) in so far as not already in force .
3
Sections 54 and 55 and Schedule 3 come into force only in relation to an offender who is normally resident in Ireland.
4
Sections 56 to 70 come into force only in relation to an offence of which an offender has been convicted in Ireland.
Provisions coming into force on 17 th December 2008
3
The entries in Schedule 6 to the Act (repeals) relating to the Powers of Criminal Courts (Sentencing) Act 2000 come into force on 17 th December 2008.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
19th November 2008


text:
Citation and commencement
1
This Order may be cited as the Taxation of Benefits under Government Pilot Schemes (Up-Front Childcare Fund) Order 2008 and shall come into force on 1st July 2008.
Income tax exemption under Part 2 of the Income Tax (Earnings and Pensions) Act 2003
2
The Income Tax Acts shall have effect in relation to any amount of benefit payable by virtue of the Government pilot scheme known as the Up-Front Childcare Fund as if it was exempt from income tax as employment income under Part 2 of the Income Tax (Earnings and Pensions) Act 2003 .
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th June 2008


text:
PART 1 GENERAL
Citation and commencement and application
1
1
These Regulations may be cited as the Local Government (Parishes and Parish Councils) (England) Regulations 2008 and shall come into force on 8th April 2008.
2
These Regulations apply in relation to England.
Interpretation
2
In these Regulations —
“ the Act ” means the Local Government and Public Involvement in Health Act 2007;
“the 1992 Act ” means the Local Government Act 1992 ;
“the 1972 Act ” means the Local Government Act 1972 ;
“abolished authority” means a parish council which is wound up and dissolved by a reorganisation order ;
“enactment” includes a local and personal Act, a private Act and any subordinate legislation within the meaning of the Interpretation Act 1978 ;
“existing”, in relation to an area affected by a reorganisation order, means the area as it exists on the date the order is made;
“order date” means the date (being 1st April in any year) which is specified as such in the reorganisation order;
“proper officer”, in relation to any purpose and any body, means the person appointed for that purpose by that body;
“transferor authority” means a parish council which, in consequence of a reorganisation order, ceases to exercise functions in relation to an area (“transferred area”) on the order date; and
“transferee authority” means —
a parish council by which, in consequence of a reorganisation order, functions in relation to a transferred area are exercisable on and after the order date;
where there is no such council, the principal council in whose area the transferred area is situated.
Application of Regulations
3
These Regulations (which make incidental, consequential, transitional and supplementary provision for the purposes and in consequence of reorganisation orders) apply in relation to every reorganisation order.
Matters not affected
4
Nothing in these Regulations shall affect —
a
the status of any city;
b
the status of any person who is an honorary freeman of any parish having the status of a city or entitled to be called or styled a royal town;
c
any person’s status, or the right of any person to be admitted, as a freeman of any place;
d
any right —
i
of burial; or
ii
to construct a grave or vault; or
iii
to place maintain or inscribe a tombstone or memorial.
Continuity of matters
5
1
Any thing which, at the order date, is in the process of being done by or in relation to a transferor authority in the exercise of, or in connection with, any of its functions in relation to a transferred area may be continued by or in relation to the transferee authority.
2
Any thing done before the order date by or in relation to a transferor authority in the exercise of, or in connection with, any of its functions in relation to a transferred area shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to the transferee authority.
3
References in paragraphs (1) and (2) to things done by or in relation to a transferor authority include references to things which, by virtue of any enactment, are treated as having been done by or in relation to that authority.
4
So far as is required for giving effect to paragraphs (1) and (2), any reference in any document to a transferor authority shall be construed as a reference to the transferee authority.
Maps
6
1
A print of any map referred to in a reorganisation order shall be deposited in —
a
the office of the Secretary of State;
b
the principal office of the principal council in whose area a parish affected by the order is situated.
2
The prints deposited in accordance with paragraph (1) shall be available for inspection by any person at any reasonable time.
3
Prints of any such map shall also be supplied to —
a
Ordnance Survey;
b
the Registrar General;
c
the Land Registry;
d
the Valuation Office Agency;
e
the Boundary Commission for England; and
f
the Electoral Commission.
PART 2 PROPERTY, RIGHTS AND LIABILITIES
Transfer of property, rights and liabilities
7
1
Nothing in this regulation shall apply to–
a
any property held by an authority, as sole trustee, exclusively for charitable purposes;
b
any rights or liabilities of an authority in respect of such property.
2
Subject to paragraph (5), all property vested in, and all rights and liabilities acquired, accrued or incurred by, an authority described in column (1) of the Table below and specified in relation to that authority in column (2) shall transfer to and vest in or, as the case may be, become rights and liabilities of, the authority specified in column (3).
Table
(1)
Transferor authority
(2)
Specified property, rights and liabilities
(3)
Transferee authority
An abolished authority Property, rights and liabilities of the abolished authority which related to the transferred area The transferee authority to which the transferred area transfers The council of a parish which is subject to an alteration in its administrative area consisting of the loss of a transferred area Property, rights and liabilities of that council which relate to the transferred area The council of the transferee parish or, if there is no such parish, or the parish has no council, the principal council within whose area the transferred area lies
3
All contracts, deeds, bonds, agreements, licences and other instruments subsisting immediately before the order date in favour of, or against, and all notices in force immediately before that date which were given, or have effect as if given, by or to a transferor authority in respect of any transferred area shall be of full force and effect in favour of, or against, the transferee authority.
4
Any action or proceeding, or any cause of action or proceeding, pending or existing at the order date by or against a transferor authority in respect of any transferred property may be continued, prosecuted or enforced, as the case may be, by or against the authority to which such property is transferred.
5
Where, in relation to an abolished authority, there is more than one transferee authority an amount equal to the appropriate proportion of the balances of the abolished authority as shown immediately before the order date in the authority’s capital and revenue accounts shall be transferred to the capital and revenue accounts, respectively, of each of the transferee authorities.
6
In paragraph (5), the “appropriate proportion”, in relation to a transferee authority, means the same proportion as the population of the area transferred to that authority bears to the population of the area of the abolished authority; and the population of an area shall be taken to be the number estimated by the proper officer of the principal council within whose area of the abolished authority is situated by reference to the day immediately before the order date.
7
For the purposes of this regulation, property, rights and liabilities of an authority are to be treated as property, rights and liabilities in relation to a transferred area if —
a
in the case of land, it is situated in, or held exclusively for the purposes of, or in connection with, the exercise of functions in, or in relation to, the area;
b
in the case of liabilities, they are liabilities incurred exclusively in respect of the area;
c
in the case of contracts, deeds, bonds, agreements and other instruments, and notices, they relate exclusively to the area;
d
in the case of actions and proceedings and causes of action or proceedings, they relate exclusively to the area.
8
In this regulation “transferred property” means any property, rights or liabilities transferred by virtue of this regulation.
Charitable property, etc
8
1
In this regulation —
“charity”, “charity trustees”, “company”, “the court” and “trusts” have the same meanings as in the Charities Act 1993 ;
“charitable property” means property (of whatever description) which, immediately before the order date is held as sole trustee —
by an abolished authority; or
by a transferor authority other than an abolished authority,
exclusively for charitable purposes; and
“relevant charity” means a charity other than a charity incorporated by charter of a company.
2
Charitable property held by an abolished authority for the benefit of —
a
a specified area, or
b
the inhabitants of that area, or
c
any particular class or body of persons in that area,
shall, on the order date, vest (on the same trusts) in the transferee authority within whose area the whole or the greater part of that specified area is situated immediately before that date.
3
Other charitable property held by an abolished authority shall, on the order date, vest (on the same trusts) —
a
in the transferee authority within whose area the whole or the greater part of the area of the abolished authority is situated immediately before that date; or
b
if sub-paragraph (a) does not apply, in such one of the transferee authorities as may be agreed between them not later than three months before the order date or, in default of such agreement, in such transferee authority as the Charity Commission may determine.
4
Where —
a
charitable property is held by a transferor authority which is not an abolished authority for any such benefit as is mentioned in paragraph (2); and
b
the whole or the greater part of the specified area so mentioned is situated within the transferred area,
that property shall, on the order date, vest (on the same trusts) in the transferee authority.
5
Charitable property held as mentioned in paragraph (1)(b) which is not vested in accordance with paragraph (4) shall continue to be held by the transferor authority.
6
Any rights and liabilities in respect of charitable property which vests in accordance with any of paragraphs (2) to (4) shall on the order date become rights and liabilities of the transferee authority in which that property vests.
7
Where, immediately before the order date, any power with respect to a relevant charity is, under the trusts of the charity, or by virtue of any enactment, exercisable by a transferor authority in relation to a transferred area or by the holder of an office connected with such an authority, that power shall, on and after the order date, be exercisable by the authority in which property of the charity would have vested if it had been charitable property or, as the case may be, by the holder of the corresponding office connected with that authority or, if there is no such office, by the proper officer of that authority.
8
References in paragraph (7) to a power with respect to a relevant charity do not include references to the powers of any person by virtue of being a charity trustee of the charity.
9
Where, under the trusts of a relevant charity, the charity trustees immediately before the order date include —
a
an abolished authority;
b
the transferor authority in relation to a transferred area; or
c
the holder of an office connected with an authority mentioned in subparagraph (a) or (b),
on and after the order date those trustees shall include the authority in which property of the charity would have vested as mentioned in paragraph (7) or, as the case may be, the holder of the corresponding office connected with that authority or, if there is no such office, the proper officer of that authority.
10
Nothing in this regulation shall affect any power of Her Majesty, the court of any other person to alter the trusts of any charity.
Land held or used for purposes of the Allotments Acts 1908 to 1950
9
Where immediately before the order date land in an area constituted as a parish by a reorganisation order —
a
is held by a principal council for any purpose of the Allotments Acts 1908 to 1950 ; or
b
is vested in a principal council and used for those purposes,
it shall on the order date transfer to and be vested in the parish council for that parish or, if there is no such council, the parish meeting for that parish.
PART 3 OTHER CONSEQUENTIAL AND TRANSITIONAL PROVISIONS
10
1
Any person in office immediately before the order date as a parish councillor for an area which is altered by the order (“an altered area”) shall, unless he resigns his office or it otherwise becomes vacant, continue as parish councillor for the area as so altered until the date on which he would ordinarily have retired had the order not been made.
2
Where any casual vacancy for the office of parish councillor arises in an altered area on or before the order date, that vacancy shall be treated as a vacancy for a parish councillor of the altered area.
3
Notwithstanding subsection (3) of section 16 of the 1972 Act (parish councillors), any persons in office as parish councillors of an abolished authority immediately before the order date shall retire on that date.
Electoral registers
11
Each registration officer shall make such rearrangement or adaptation of the register of local government electors as may be necessary for the purposes or in consequence of any reorganisation order.
Staff: continuity of employment
12
1
This regulation applies to any person who ceases to be employed by an abolished authority or a transferor authority (“the authority”) where —
a
the termination of his employment is attributable to the winding-up and dissolution of the authority;
b
within four weeks of the date of the termination of that employment he is employed by another parish council (“the new employer”); and
c
by virtue of section 138 of the Employment Rights Act 1996 (no dismissal in cases of renewal of contract or re-engagement) (“the 1996 Act ”) that subsequent employment precludes his receiving any redundancy payment under Part 11of that Act with respect to his terminated employment.
2
The period during which a person to whom this regulation applies was employed by the authority shall count as a period of employment with the new employer for the purposes of computing his period of continuous service for the purposes of the 1996 Act and the change of employer shall not break the continuity of his employment.
3
A person to whom this regulation applies shall be entitled to count the period of his employment with the authority as a period of employment with his new employer for the purposes of any provision of his contract which depends on his length of service.
Minutes of last meeting
13
1
This regulation applies to the minutes of the last meeting of —
a
an abolished authority;
b
a committee or sub-committee of such an authority; and
c
a joint committee which ceases to exist by reason of the winding-up and dissolution of such an authority.
2
Where practicable, the minutes shall be signed at the conclusion of the last meeting by the person who chaired that meeting (“the chairman”).
3
In every other case, as soon as practicable after the last meeting, the minutes shall be circulated to the chairman and every other member present at the meeting; and
a
the chairman may sign the minutes after taking into consideration any representations made by any such member within seven days of the date on which those minutes were sent to him; or
b
if the chairman is unable to sign the minutes, the proper officer of the principal council in whose area the area of the abolished authority is situated may nominate another person who was present at the meeting to sign the minutes.
4
Any minutes purporting to be signed in accordance with paragraph (2) or (3) shall be received in evidence without further proof and, unless the contrary is proved —
a
the meeting shall be deemed to have been duly convened and held;
b
those present at the meeting shall be deemed to have been qualified to attend and vote; and
c
where the meeting was of a committee, a sub-committee or a joint committee, it shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.
Audit
14
1
Any functions under Part 2 (accounts and audit of public bodies) of the Audit Commission Act 1998 (“the 1998 Act ”) exercisable by or in relation to an abolished authority in respect of any financial year ending before the order date shall be exercisable on or after that date by or in relation to the transferee authority or, if there is more than one transferee authority, such one of them as is specified for the purposes of this paragraph in the reorganisation order.
2
In the following paragraphs “the relevant authority” means the transferee authority by which functions under Part 2 of the 1998 Act are exercisable on or after the order date.
3
Without prejudice to the generality of paragraph (1), the relevant authority–
a
shall ensure that the accounts of the abolished authority are made up, balanced and audited; and
b
may recover any sum or amount which, but for the reorganisation order, would have been recoverable for the benefit of the abolished authority in accordance with section 18(2) of the 1998 Act.
4
For the purposes of paragraph (1), anything done before the order date by or in relation to an abolished authority in the exercise of its functions under Part 2 of the 1998 Act shall be treated on and after that date as if it had been done by or in relation to the relevant authority.
5
A transferee authority which is not a relevant authority shall provide the relevant authority with such information as it may reasonably require to enable it to discharge its functions under paragraph (1); and shall, if so requested, provide copies of, or otherwise afford access to, such documents or other material in their possession or under their control as the relevant authority may specify.
Charter trustees
15
1
The following provisions of this regulation apply in any case where, in consequence of a reorganistion order, a city or town for which charter trustees have been constituted by or under any enactment becomes wholly comprised in a parish or in two or more parishes.
2
On the date on which the first parish councillors for the parish or parishes (as the case may be) come into office —
a
the charter trustees shall be dissolved;
b
the mayor and deputy mayor (if any) shall cease to hold office as such;
c
the appointment of any local officer of dignity shall be treated as if it had been made by the parish council;
d
all property, rights and liabilities (of whatever description) of the charter trustees shall become property, rights and liabilities of the parish council; and
e
any legal proceedings to which the charter trustees are party may, subject to rules of court, be prosecuted or defended (as the case may be) by the parish council.
3
Without prejudice to paragraph (2), regulation 5 (continuity of matters) shall apply in a case to which this regulation applies as if the charter trustees were a transferor authority and the parish council were a transferee authority.
4
In paragraphs (2) and (3) “the parish council”–
a
in relation to a city or town which becomes comprised in the area of a single parish, means the council of that parish;
b
in relation to a city or town which becomes comprised in the area of more than one parish, means the council of such one of those parishes as is specified in the reorganisation order.
5
The accounts of the charter trustees and of its committees and officers shall be made up to the date referred to in paragraph (2), and shall be audited in the same manner, and subject to the same procedures and penalties, as if the charter trustees had not been dissolved.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
3rd March 2008


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 2008 and shall come into force on 12th August 2008.
2
These regulations shall have effect in relation to accounting periods beginning on or after 1st January 2008.
3
But regulation 4(5) shall have effect in relation to accounting periods beginning on or after 1st January 2007.
Amendments to the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 2005
2
The Friendly Societies (Modification of the Corporation Tax Acts) Regulations 2005 are amended as follows.
Amendment of regulation 5 (modifications of section 76 of the Taxes Act)
3
In regulation 5 (modifications of section 76 of the Taxes Act) after paragraph (5) insert —
5A
In paragraph (a) of subsection (9E) before “basic life” insert “taxable”.
.
Amendment of regulation 6 (modifications of section 431 of the Taxes Act)
4
1
Regulation 6 (modifications of section 431 of the Taxes Act) is amended as follows.
2
For paragraph (1) substitute —
1
In this regulation —
a
paragraphs (2), (2A), (5A) and (5B) prescribe modifications of section 431 of the Taxes Act so far as it applies to long-term business carried on by friendly societies, and
b
paragraphs (3) to (5) and (6) prescribe modifications of that section so far as it applies to the long-term business carried on by non-directive friendly societies.
.
3
In the definition of “tax exempt PHI business” in paragraph (2) —
a
in paragraph (a) for “section 466(1)(d)” substitute “section 466(1)(b) ”, and
b
in paragraph (b) for “section 466(1)(d)” substitute “section 466(1)(b) which is long term business”.
4
For the definition of “taxable PHI business” in paragraph (2) substitute —
“taxable PHI business” means —
a
business specified in section 466(1)(b) other than tax exempt PHI business, and
b
business other than that specified in section 466(1)(b) which is PHI business the profits arising from which are not exempt from tax by virtue of section 461(1) or 461B(1) ;
.
5
After paragraph (2) insert —
2A
In subsection (2) in the definition of “foreign currency assets” before “gross roll-up business” in each place insert “taxable”.
.
6
After paragraph (2A) (inserted by paragraph (5) above) insert —
2B
In the definition of “foreign business assets” before “overseas life assurance business” in both places insert “taxable”.
.
7
After paragraph (5) insert —
5A
In subsection (2YB) before “BLAGAB income” and before “BLAGAB deductions” insert “taxable”.
5B
In subsection (2YC)(a) before “basic life assurance” insert “taxable”.
.
Amendment of regulation 7A (modifications of section 431H of the Taxes Act)
5
1
Regulation 7A (modifications of section 431H of the Taxes Act) is amended as follows.
2
In paragraph (1) for “life or endowment” substitute “long-term”.
3
In paragraph (2), in the substitution, for paragraphs (a) to (d) substitute —
a
life assurance business,
b
taxable PHI business and taxable insurance business of any other kind (other than life assurance business), and
c
tax exempt PHI business and tax exempt business of any other kind.
.
Amendment of regulation 9 (modifications of section 432A of the Taxes Act)
6
1
Regulation 9 (modifications of section 432A of the Taxes Act) is amended as follows.
2
For paragraph (1) substitute —
1
In this regulation —
a
paragraphs (1A), (2), (4) and (4A) prescribe modifications of section 432A of the Taxes Act so far as it applies to long-term business carried on by friendly societies, and
b
paragraph (3) prescribes a further modification of that section so far as it applies to the long-term business carried on by partnership pensions societies.
.
3
After paragraph (1) insert —
1A
In subsection (1ZC) before “PHI” insert “taxable”.
.
4
After paragraph (4) insert —
4A
For subsection (3A) substitute —
3A
Amounts falling within —
a
section 442A , or
b
section 85(2C) of the Finance Act 1989,
are directly referable to taxable basic life assurance and general annuity business to the extent that the amounts are referable to that business.
.
.
Omission of regulation 9A (modifications of section 432B of the Taxes Act)
7
Omit regulation 9A (modifications of section 432B of the Taxes Act) .
Amendment of Regulation 10 (modifications of section 432AA of the Taxes Act)
8
In paragraph (1) of regulation 10 (modifications of section 432AA of the Taxes Act) for “life or endowment” substitute “long-term”.
Omission of regulation 20A (modifications of section 502H of the Taxes Act)
9
Omit regulation 20A (modifications of section 502H of the Taxes Act) .
Amendment of regulation 23 (modifications of section 804B of the Taxes Act)
10
In paragraph (1) of regulation 23 (modifications of section 804B of the Taxes Act) for “life or endowment” substitute “long-term”.
Amendment of regulation 32 (modifications of section 88 of the Finance Act 1989)
11
In paragraph (1) of regulation 32 (modifications of section 88 of the Finance Act 1989) —
a
for “88(3A)(a) and (3B)” substitute “88(3)(a) ”, and
b
for “they apply” substitute “it applies”.
Amendment of regulation 40 (modifications of Schedule 11 to the Finance Act 1996)
12
1
Regulation 40 (modifications of Schedule 11 to the Finance Act 1996) is amended as follows.
2
In paragraph (1) for “life or endowment” substitute “long-term”.
3
In paragraph (2) for “paragraphs 2(1) and” substitute “paragraph”.
Amendment of regulation 43A (modifications of section 255 of the Capital Allowances Act 2001)
13
1
Regulation 43A (modifications of section 255 of the Capital Allowances Act 2001) is amended as follows.
2
In paragraph (1) for “life or endowment” substitute “long-term”.
3
For paragraph (2) substitute —
2
In subsection (1) —
a
for “basic life assurance and general annuity business” substitute “taxable basic life assurance and general annuity business, tax exempt basic life assurance and general annuity business”, and
b
for “and PHI business” substitute “, taxable PHI business and tax exempt PHI business”.
.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Asylum Support (Amendment) Regulations 2008 and shall come into force on the 14th April 2008.
Kind and levels of support for essential living needs
2
For the table at regulation 10(2) of the Asylum Support Regulations 2000 substitute:
Table
Qualifying couple £66.13 Lone parent aged 18 or over £42.16 Single person aged 25 or over £42.16 Single person aged at least 18 but under 25 £33.39 Person aged at least 16 but under 18 (except a member of a qualifying couple) £36.29 Person aged under 16 £48.30
.
Revocation of the Asylum Support (Amendment) Regulations 2007
3
The Asylum Support (Amendment) Regulations 2007 are revoked.
Liam Byrne
Minister of State
Home Office
18th March 2008


text:
Citation
1
This Order may be cited as the Thatcham Park Church of England Primary School (Designation as having a Religious Character) Order 2008.
Designation of School
2
1
The Thatcham Park Church of England Primary School, Park Avenue, Thatcham, Berkshire, RG18 4NP, a voluntary controlled school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
J D Loosley
A Deputy Director in the
Department for Children, Schools and Families
30th June 2008


text:
1
This Order may be cited as the Finance Act 2007, Section 17(2) (Corporation Tax Deduction for Expenditure on Energy-Saving Items) (Appointed Day) Order 2008.
2
The day appointed for the purposes of section 17(2) of the Finance Act 2007 is 8th July 2008.
Claire Ward
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
11th June 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Gambling Act 2005 (Advertising of Foreign Gambling) (Amendment) Regulations 2008 and shall come into force on 31st January 2008 .
2
In these Regulations “ the Act ” means the Gambling Act 2005.
Amendment to the Gambling Act 2005 (Advertising of Foreign Gambling) Regulations 2007
2
1
The Gambling Act 2005 (Advertising of Foreign Gambling) Regulations 2007 shall be amended as follows.
2
For regulation 2 substitute —
2
1
This regulation specifies for the purposes of subsection (4) of section 331 of the Act (prohibition on the advertising of gambling taking place or originating from a non-EEA State the places which are to be treated for the purposes of subsection (2) of that section as if they were an EEA State, but only in so far as that subsection applies to remote gambling .
2
The places referred to in paragraph (1) are —
a
the Island of Alderney, and
b
Tasmania.
Gerry Sutcliffe
Parliamentary Under Secretary of State
Department for Culture Media and Sport
8th January 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 2008 and come into force on 1st January 2009.
2
In these Regulations —
“the 2002 Act ” means the National Health Service Reform and Health Care Professions Act 2002;
“the appointor” means –
in the case of the appointment of the chair , the Privy Council; and
in the case of the appointment of a non-executive member, the person who appoints that member under paragraph 4 of Schedule 7 to the 2002 Act;
“the chair” means the chair of the Council ;
“the Council” means the Council for Healthcare Regulatory Excellence ;
“final outcome”, in relation to any proceedings where there are rights of appeal, means the outcome of the proceedings —
once the period for bringing an appeal has expired without an appeal being brought; or
if an appeal is brought in accordance with those rights, once those rights have been exhausted;
“licensing body” means any body anywhere in the world that licenses or regulates any profession;
“non-executive member” means a non-executive member of the Council;
“spent conviction” means —
in relation to a conviction by a court in Great Britain, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974 ; or
in relation to a conviction by a court in Northern Ireland, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders (Northern Ireland) Order 1978 .
Conditions of appointment for chair and non-executive members of the Council
2
1
It is a condition for the appointment as the chair or a non-executive member that that person —
a
lives or works wholly or mainly in the United Kingdom; and
b
does not fall within paragraph (2).
2
A person falls within this paragraph if that person —
a
has at any time been convicted —
i
of an offence involving dishonesty or deception in the United Kingdom, or
ii
of an offence in the United Kingdom, and the final outcome of the proceedings was a sentence of imprisonment or detention (whether suspended or not) of over three months, and
the conviction is not a spent conviction;
b
has at any time been convicted of an offence elsewhere than in the United Kingdom and the appointor is satisfied that the person’s membership of the Council would be liable to undermine public confidence in the Council;
c
has at any time —
i
been adjudged bankrupt or had a sequestration of his estate awarded unless (in either case) that person has been discharged or the bankruptcy order has been annulled,
ii
been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 or Schedule 2A to the Insolvency (Northern Ireland) Order 1989 , unless that order has ceased to have effect or has been annulled, or
iii
made a composition or arrangement with, or granted a trust deed for, the person’s creditors unless that person has been discharged in respect of it;
d
has at any time been removed from office as a chair, member, convenor or director of any public body on the grounds, in terms, that it was not in the interests, or conducive to the good management, of that body that the person should continue to hold that office;
e
has at any time been, or is currently the subject of, any investigation or proceedings concerning the person’s professional conduct by any licensing body and the appointor is satisfied that it would not to be appropriate for the person to be a member of the Council given that investigation or those proceedings;
f
is subject to —
i
a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 ,
ii
a disqualification order under Part II of the Companies (Northern Ireland) Order 1989 ,
iii
a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 ,
iv
an order made under section 429(2) of the Insolvency Act 1986 (disabilities on revocation of a county court administration order);
g
has at any time been removed —
i
from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners, the Charity Commission for Northern Ireland or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity —
aa
for which the person was responsible or to which the person was privy, or
bb
which the person by their conduct contributed to or facilitated, or
ii
under –
aa
section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of the court of Session to deal with management of charities), or
bb
section 34(5)(e) of the Charities and Trustees Investment (Scotland) Act 2005 (powers of Court of Session),
from being concerned with the management or control of any body;
h
has been included by —
i
the Independent Barring Board in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 , or
ii
the Scottish Ministers in the children’s list or the adults’ list (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 );
i
is a member of the Council of, or a Council that is, a regulatory body mentioned in section 25(3) of the 2002 Act; or
j
is or has been a member of a profession regulated by the —
i
Chiropractors Act 1994 .
ii
Dentists Act 1984 ,
iii
Health Professions Order 2001 ,
iv
Nursing and Midwifery Order 2001 ,
v
Medical Act 1983 ,
vi
Osteopaths Act 1993 ,
vii
Opticians Act 1989 ,
viii
Pharmacists and Pharmacy Technicians Order 2007 , and
ix
Pharmacy (Northern Ireland) Order 1976 .
Tenure of appointment of chair and non-executive members
3
1
The appointment of the chair and a non-executive member shall be for a term of four years.
2
Subject to paragraph (4), a non-executive member is, at the end of a term of office, eligible for reappointment.
3
Subject to paragraph (4), a chair, at the end of a term of office, is eligible for reappointment to the chair but is not eligible for appointment as a non-executive member.
4
No person shall serve as —
a
the chair,
b
a non-executive member, or
c
the chair and a non-executive member,
for more than eight years in total.
5
For the purposes of paragraph (4), any time served as a member of the Council for the Regulation of Health Care Professionals shall be considered as time served on the Council.
6
A person appointed as the chair or a non-executive member shall cease to hold that office if the person resigns from the office by giving notice in writing to the Council.
Deputising arrangements in respect of the chair
4
1
Subject to paragraph (2), if, for any reason, the chair is absent from a meeting of the Council, the non-executive members who are present at that meeting shall nominate one of their number to serve as chair at that meeting.
2
If, for any reason —
a
the Council is on notice that its chair is likely —
i
to be absent for more than one meeting of the Council, or
ii
to be unavailable to perform the duties of a chair for more than one month; or
b
the office of chair is vacant,
the Council may nominate a non-executive member (“deputy chair”) to serve as chair during the absence or unavailability of the chair or during the vacancy.
3
A non-executive member serving as deputy chair shall cease to be deputy chair —
a
in the case of —
i
the absence or unavailability of the chair, once the chair is able to resume their duties, or
ii
the office of chair being vacant, once the vacancy is filled;
b
on ceasing to be a non-executive member;
c
if the non-executive member resigns as deputy chair, which the member may do at any time by a notice in writing to the Council; or
d
if the non-executive member’s membership of the Council is suspended by the Council.
Circumstances in which the chair and non-executive members may be suspended
5
The Council may suspend a person from the office of chair or as a non-executive member by a notice served on that person if —
a
the Council has reasonable grounds for suspecting that the person no longer lives or works wholly or mainly in the United Kingdom;
b
the Council has reasonable grounds for suspecting that the person has become a person who falls within the description of persons in regulation 2(2);
c
the person is, or the Council has reasonable grounds for suspecting that the person is, subject to any investigation or proceedings in the United Kingdom relating to a criminal offence, or in any other part of the world relating to an offence which, if committed in any part of the United Kingdom, would constitute a criminal offence and, in the Council’s opinion it would not be appropriate for the person to continue to participate in proceedings of the Council while the investigation or proceedings is or are ongoing; or
d
the person is, or the Council has reasonable grounds for suspecting that the person is, subject to any investigation or proceedings concerning the person’s professional conduct by any licensing body and, in the Council’s opinion it would not be appropriate for the person to continue to participate in proceedings of the Council while the investigation or proceedings is or are ongoing.
Circumstances in which the chair or non-executive member may be removed from office
6
A person appointed as the chair or a non-executive member shall be removed from that office by the appointor if —
a
the person becomes a person who falls within regulation 2(2);
b
the person ceases to live or work wholly or mainly in the United Kingdom;
c
the person fails to attend any meeting of the Council for a period of three consecutive months without the consent of the Council unless the appointor is satisfied that —
i
the absence was due to a reasonable cause; and
ii
the person in question will be able to attend meetings of the Council within such period as the appointor considers reasonable;
d
the appointor is satisfied that the person is no longer able to perform the duties of the chair or a non-executive member because of adverse physical or mental health; or
e
the appointor is satisfied that the person’s continued membership of the Council would be liable to undermine public confidence in the Council’s ability to exercise its functions.
Committees
7
1
The Council may appoint committees of the Council consisting wholly or partly of members of the Council or wholly of persons who are not members of the Council.
2
A committee appointed under this regulation may appoint sub-committees wholly or partly of members of the committee (whether or not they are members of the Council) or wholly of persons who are not members of the Council or the committee.
3
The condition applicable to the appointment of members mentioned in regulation 2(1) applies to the members of committees and sub-committees appointed under this regulation, except that in relation to paragraph (1)(b) of regulation 2, only to the extent that a person falls within paragraph (2)(a) to (h) of that regulation.
Transitional arrangement in respect of appointment of non-executive members
8
In the case of the first appointments of non-executive members to the Council made immediately after these Regulations come into force, the term of appointment for three of the non-executive members may be for a period of less than four years but must not be for less than two years.
Revocation
9
The Council for the Regulation of Health Care Professionals (Appointment etc.) Regulations 2002 are revoked.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
10th November 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as The School Admissions (Alteration and Variation of, and Objections to, Arrangements) (England) (Amendment) Regulations 2008 and come into force on 28th May 2008.
2
These Regulations apply only in relation to England.
Amendment of Regulations
2
The School Admissions (Alteration and Variation of, and Objections to, Arrangements) (England) Regulations 2007 are amended as follows.
3
For regulation 7 ( Time within which objection must be referred ) is substituted —
7
1
Subject to paragraph (2) an objection may not be referred under section 90(1) or section 90(2) unless it is received by the adjudicator on or before 31st July in the calendar year in which the relevant admission arrangements have been determined.
2
An objection which is received after the date specified in paragraph (1) is to be regarded as properly referred if it was not reasonably practicable for the objection to have been received earlier than the time it was received.
.
Jim Knight
Minister of State
Department for Children, Schools and Families
6th May 2008


text:
Citation and commencement
1
1
These Regulations may be cited as the Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008.
2
This regulation, regulations 2, 5, 7, 9, 11 and 12 and the Schedule come into force on 20th January 2009.
3
The other provisions of these Regulations come into force on 12th October 2009.
Interpretation
2
1
In these Regulations —
“the Act” means the Safeguarding Vulnerable Groups Act 2006;
“employment” includes any arrangement (contractual or otherwise) under or by virtue of which a person (P) is permitted to engage in regulated or controlled activity;
“P” means any person in relation to whom a person has a duty or power to provide information prescribed in regulations 3 to 11 to IBB for the purposes of sections 35, 36, 37, 39, 40, 41, 42, 45 and 46 of the Act;
2
In these Regulations, a reference to P’s conduct is a reference to any offence which P has committed or is alleged to have committed, any incident involving P or any behaviour or other act or omission of P’s that —
a
gave rise to the provision of information to IBB under section 35, 36, 39, 41 or 45 of the Act; or
b
in relation to which IBB is considering whether to include or remove P in or from a barred list.
Regulated activity providers and responsible persons: duty to refer
3
The information specified in the Schedule is prescribed for the purposes of section 35(1)(a) and (b) of the Act.
Personnel suppliers: duty to refer
4
1
The following information is prescribed for the purposes of section 36(1) and (2) of the Act —
a
the information specified in the Schedule; and
b
where the personnel supplier is an employment business or employment agency , any other information held by that personnel supplier under Schedule 4 to the Conduct of Employment Agencies and Employment Business Regulations 2003 (particulars relating to work-seekers) except the information specified in paragraph 10 of that Schedule .
2
The following information is prescribed for the purposes of section 36(3) of the Act —
a
the information specified in paragraphs 1 to 3, 5, 6, 9 and 10 of the Schedule;
b
details of the course that P is following at the educational institution including the name and duration of the course and the qualification or other accreditation to which the course leads;
c
a copy of P’s application for a place on the course;
d
the date on which P began the course;
e
details of any regulated activity or controlled activity in which P has engaged as a result of P having been supplied to another person by the educational institution for the purposes of engaging in such activity including —
i
the date on which any placement began and the duration of the placement;
ii
the name and address of the person to whom P was supplied;
iii
the setting and location of the placement;
iv
whether the activity was one relating to children or to vulnerable adults;
v
a description of the position held and the duties undertaken by P;
f
the date on which and the reasons why the educational institution determined —
i
to cease to supply P to another person for P to engage in regulated or controlled activity;
ii
that P should cease to follow a course at the institution;
g
where an educational institution does not make a determination as mentioned in paragraph (f) but would or might have done so if P had not otherwise ceased to engage in the activity or ceased to follow the course, the reasons why the institution would or might have made any such determination;
h
details of any comments or reports made by persons to whom P was supplied for the purposes of engaging in the regulated or controlled activity;
i
an assessment of P’s progress on the course (including P’s placements with persons for the purposes of engaging in regulated or controlled activity).
Regulated activity providers, responsible persons and personnel suppliers: duty to provide information on request
5
1
The information specified in the Schedule is prescribed for the purposes of section 37(2)(a) and (b) of the Act.
2
The information specified in regulation 4(1) is prescribed for the purposes of section 37(2)(c) of the Act.
3
The information specified in regulation 4(2) is prescribed for the purposes of section 37(2)(d) of the Act.
Local authorities: referral of information to IBB
6
The following information is prescribed for the purposes of section 39(1) and (5) of the Act —
a
the information specified in paragraphs 1 to 3, 5, 6, 9 and 10 of the Schedule;
b
any information other than that relating to P’s conduct which is likely to, or may, be relevant in considering whether P should be included in a barred list including information contained in reports of and minutes of meetings arising from investigations relating to the protection of children or vulnerable adults.
Local authorities: duty to provide information on request
7
The following information is prescribed for the purposes of section 40(2) of the Act —
a
the information specified in paragraphs 1 to 3, 5, 6, 9 and 10 of the Schedule;
b
any information other than that relating to P’s conduct which is likely to, or may, be relevant in considering whether P should be included in or removed from a barred list including information contained in reports of and minutes of meetings arising from investigations relating to the protection of children or vulnerable adults.
Keepers of relevant registers: duty to refer
8
The following information is prescribed for the purposes of section 41(1) and (5) of the Act —
a
the information specified in paragraphs 1 to 3, 5, 6, 9 and 10 of the Schedule;
b
any information other than that relating to P’s conduct which is likely to, or may, be relevant in considering whether P should be included in a barred list including information relating to any decisions made, actions taken or complaints received by the keeper in relation to P.
Keepers of relevant registers: duty to provide information on request
9
The following information is prescribed for the purposes of section 42(2) of the Act —
a
the information specified in paragraphs 1 to 3, 5, 6, 9 and 10 of the Schedule;
b
any information other than that relating to P’s conduct which is likely to, or may, be relevant in considering whether P should be included in or removed from a barred list including information relating to any decisions made, actions taken or complaints received by the keeper in relation to P.
Supervisory authorities: referral of information
10
The following is prescribed information for the purposes of section 45(1) and (5) of the Act —
a
the information specified in paragraphs 1 to 3, 5, 6, 9 and 10 of the Schedule;
b
any information other than that relating to P’s conduct which is likely to, or may, be relevant in considering whether P should be included in a barred list including information relating to any decisions made, actions taken, complaints received or inspections undertaken by the authority in relation to P.
Supervisory authorities: duty to provide information on request
11
The following is prescribed information for the purposes of section 46(1) and (2) of the Act —
a
The information specified in paragraphs 1 to 3, 5, 6, 9 and 10 of the Schedule;
b
any information other than that relating to P’s conduct which is likely to, or may, be relevant in considering whether P should be included in or removed from a barred list including information relating to any decisions made, actions taken, complaints received or inspections undertaken by the authority in relation to P.
Prescribed Details of convictions and cautions
12
1
The following details of relevant matter relating to a person to whom paragraphs 1 to 5 or 7 to 11 of Schedule 3 to the Act apply are prescribed for the purposes of paragraph 19(1)(b) of Schedule 3 to the Act.
2
A description of the offence committed by that person and the date on which the offence was committed and —
a
where P has been convicted of that offence, the date on which and the court at which P was convicted of that offence and the sentence imposed;
b
where P has been cautioned in relation to that offence, the date on which and place at which the caution was administered.
Duty on the IBB to provide information to the Secretary of State
13
1
The following information relating to a person is prescribed for the purposes of paragraph 21of Schedule 3 to the Act.
2
For the purposes of sub-paragraph (a) of paragraph 21 —
a
the information specified in paragraph 1 of the Schedule;
b
whether that person is included in the children’s barred list or the adults’ barred list (or both), the date of and the reasons for inclusion in any such list (including which of paragraphs 1 to 5 or 7 to 11 of Schedule 3 to the Act IBB relied upon in including P in a list).
3
For the purposes of sub-paragraph (b) of paragraph 21 —
a
the information specified in paragraph 1 of the Schedule;
b
whether that person is being considered by IBB for inclusion in the children’s barred list or the adults’ barred list (or both) and which of paragraphs 3, 5, 9 or 11 of Schedule 3 to the Act applies.
4
For the purposes of sub-paragraph (c) of paragraph 21 —
a
the information specified in paragraph 1 of the Schedule;
b
any criterion prescribed for the purposes of paragraphs 1, 2, 7 or 8 of Schedule 3 to the Act that is satisfied in relation to P and the date on which any such criterion was satisfied.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
18th December 2008