text:
Citation
1
This Order may be cited as the Police and Justice Act 2006 (Commencement No. 10) Order 2008.
Commencement
2
Section 45 (attendance by accused at certain preliminary or sentencing hearings) to the extent not already in force and section 46 (live link bail) of the Police and Justice Act 2006 shall come into force on 14 November 2008 in the local justice areas of:
i
in London: Barking and Dagenham, Barnet, Bexley, Brent, Bromley, Camden and Islington, City of London, City of Westminster, Croydon, Ealing, Enfield, Greenwich and Lewisham, Hackney and Tower Hamlets, Hammersmith and Fulham and Kensington and Chelsea, Haringey, Harrow Gore, Havering, Hillingdon, Hounslow, Kingston-upon-Thames, Merton, Newham, Redbridge, Richmond-upon-Thames, Sutton, Waltham Forest, and Wandsworth; and
ii
in Kent: Central Kent, East Kent and North Kent.
3
The following provisions of the Police and Justice Act 2006 shall come into force on 14 November 2008 —
a
section 52 in so far as it relates to the provisions in sub-paragraph (b); and
b
paragraphs 50 and 51 of Schedule 14 (minor and consequential amendments).
Vernon Coaker
Minister of State
Home Office
24th October 2008


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 and shall come into force on 3rd November 2008 immediately after the coming into force of the Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008 and immediately before the coming into force of the Transfer of Tribunal Functions Order 2008 .
2
In this Order —
“the 2007 Act ” means the Mental Health Act 2007;
“the 1983 Act ” means the Mental Health Act 1983 .
Commencement of provisions
2
The following provisions of the 2007 Act shall come into force on 3rd November 2008 —
a
section 1 and Schedule 1, insofar as not already in force;
b
sections 2 to 16;
c
section 18, insofar as it applies to England and is not already in force;
d
section 21, insofar as it gives effect to Schedule 2 in relation to England;
e
section 22, insofar as not already in force;
f
sections 23 to 25;
g
sections 27 to 29;
h
section 31(1), (2) and (4);
i
section 32 and Schedule 3, insofar as they are not already in force, and Schedule 4;
j
sections 33 and 34;
k
section 35, insofar as not already in force;
l
section 37;
m
section 38(1) and (2), and insofar as they apply in relation to Wales, subsections (3)(e), (5) (for the purposes of subsection (7)(b)), and (7)(b);
n
section 39(1) and (2), insofar as it gives effect to paragraphs 1, 3, 4, 6, 10, 12, 15 to 17, and, insofar as they are not already in force, paragraphs 18 and 21 of Schedule 5;
o
section 48 which gives effect to Schedule 6;
p
section 55, insofar as it gives effect to Parts 1 to 4 and 6, 8 and 9 of Schedule 11.
Schedule
3
The Schedule to this Order, which makes transitional and saving provisions, shall have effect.
Signed by authority of the Secretary of State for Health.
Ivan Lewis
Parliamentary Under-Secretary of State,
Department of Health
17th July 2008


text:
PART 1 GENERAL
Citation and commencement
1
This Order may be cited as the Cornwall (Structural Change) Order 2008 and shall come into force on the day after that on which it is made.
Interpretation
2
In this Order —
“the 2007 Act ” means the Local Government and Public Involvement in Health Act 2007;
“the 2000 Act ” means the Local Government Act 2000 as it has effect in relation to the Cornwall council ;
“the 1972 Act ” means the Local Government Act 1972 ;
“article 7 functions” means the functions referred to in article 7;
“Cornwall”, except in the definition of “the Cornwall council” and the second mention of those words in article 3(2), means the county of Cornwall;
“the 2009 election day ” means the ordinary day of election of councillors in 2009;
“the Cornwall council” means the council of the county of Cornwall;
“the district councils” means the councils specified in article 4(b);
“the Implementation Executive” means the committee established (whether before or after the coming into force of this Order) for the purposes of article 6(3); and
“the main transitional function” has the meaning given by article 6(1).
PART 2 ESTABLISHMENT OF SINGLE TIER LOCAL GOVERNMENT IN CORNWALL
Single tier local government in Cornwall
3
1
On and after 1st April 2009 the Cornwall council shall be the sole principal authority for Cornwall.
2
For the purposes of enactments relating to local government, there shall be a new district, whose area shall be co-terminous with that of Cornwall; and the name of that new district shall be Cornwall.
Abolition of districts and winding up and dissolution of district councils
4
On 1st April 2009 —
a
the following local government areas shall be abolished —
i
the borough of Restormel,
ii
the district of Caradon,
iii
the district of Carrick,
iv
the district of Kerrier,
v
the district of North Cornwall, and
vi
the district of Penwith; and
b
the following councils shall be wound up and dissolved —
i
Caradon District Council,
ii
Carrick District Council,
iii
Kerrier District Council,
iv
North Cornwall District Council,
v
Penwith District Council, and
vi
Restormel Borough Council.
Cessation of term of office of district councillors
5
Every person who holds office as a councillor of one of the district councils immediately before 1st April 2009 shall cease to hold office on that date.
PART 3 TRANSITIONAL FUNCTIONS AND THEIR DISCHARGE
Transitional functions of the Cornwall council and establishment of Implementation Executive
6
1
On the coming into force of this Order there shall be added to the functions of the Cornwall council the function, which is to be exercisable only during the transitional period ending on the fourth day after the 2009 election day, of preparing for and facilitating the economic, effective, efficient and timely transfer of the district councils’ functions, property, rights and liabilities (“the main transitional function”).
2
Section 15 of the 2000 Act (discharge of functions: leader and cabinet executive) shall have effect in relation to the Cornwall council and —
a
the main transitional function, and
b
the other transitional functions referred to in article 7 (“the article 7 functions”),
as if, in subsection (1), after the words “19 or 20,” there were inserted “or under the Cornwall (Structural Change) Order 2008,”.
3
The Cornwall council’s executive arrangements shall provide for the discharge of the main transitional function and the article 7 functions to be the responsibility of a committee of the council’s executive, to be known as the Implementation Executive.
4
Such statutory provisions as apply to, or in relation to, committees of a local authority’s executive shall apply to, or in relation to, the Implementation Executive subject only to paragraphs (5), (6) and (8) to (11) of this article and article 8(2) to (4); and for this purpose “statutory provisions” includes —
a
any enactment contained in an Act passed after the making of this Order; and
b
any instrument made at any time under an enactment (including an enactment contained in an Act passed after the 2007 Act).
5
The Implementation Executive shall consist of —
a
the person who is for the time being the leader of the Cornwall council’s executive;
b
eleven persons nominated by the Cornwall council, being persons who are for the time being members of that council; and
c
twelve other persons, of whom each of the district councils shall nominate two, being persons who are for the time being members of the council by which they are nominated (whether or not including the leaders for the time being of those councils).
6
In making the nominations referred to in paragraph (5)(b) and (c), the Cornwall council and the district councils shall, to the extent that it is practicable to do so, secure that at all times there are on the Implementation Executive —
a
four members of the Conservative Party,
b
six persons who are members of no registered party within the meaning of that term in the Political Parties, Elections and Referendums Act 2000 ,
c
one member of the Labour Party, and
d
thirteen members of the Liberal Democrats.
7
It shall be the duty of the Cornwall council and each of the district councils to co-operate in the establishment of the Implementation Executive.
8
The leader of the Implementation Executive shall be the person who is for the time being the leader of the Cornwall council’s executive; and that person shall preside at all meetings of the Implementation Executive at which he is present.
9
The persons who, immediately before 1st April 2009, are members of the Implementation Executive by virtue of paragraph (5)(c) shall continue as members of the Implementation Executive notwithstanding that they cease on that date to be members of the district councils.
10
The Implementation Executive shall regulate its own proceedings, but a question to be decided by the Executive shall, in the first instance, be decided by the majority of those present and voting at the meeting at which the question is put, each member (including the leader of the Implementation Executive) having one vote.
11
In the case of an equality of votes, the person presiding at the meeting (whether or not the leader of the Implementation Executive) shall have a casting vote, in addition to any other vote the person may have.
Other transitional functions
7
1
The other transitional functions referred to in article 6(2)(b), which are to be exercisable only during the transitional period ending on the fourth day after the 2009 election day, are —
a
such executive and non-executive functions of the Cornwall council as exist on the date on which this Order is made; and
b
such other functions (including functions exercisable by all or any of the district councils, and functions conferred on or after that date on local authorities generally or on particular classes of local authority),
as, by any of the means mentioned in paragraph (2), the Secretary of State may specify.
2
The means referred to in paragraph (1) are —
a
this Order,
b
a subsequent order made under section 7 of the 2007 Act by virtue of section 14 of the Interpretation Act 1978 (power to amend) ,
c
an order under section 20 of the 2007 Act (correction of orders), and
d
regulations under section 14 of the 2007 Act (regulations for supplementing orders).
Discharge of functions by Implementation Executive
8
1
The discharge of the main transitional function and the article 7 functions shall be a responsibility of the Implementation Executive, and shall not be a responsibility of the executive of the Cornwall council.
2
Section 15(7) of the 2000 Act (which enables a committee of a local authority executive to arrange for the discharge of its functions by an officer of the authority) shall have effect in relation to the Implementation Executive as if —
a
references to functions included references to responsibilities, and
b
the reference to an officer of the authority included a reference to —
i
a sub-committee of the Implementation Executive, and
ii
an officer of any of the district councils.
3
Section 15(9) of the 2000 Act (which enables a person who has made arrangements for the discharge by another person of any function of his, to discharge that function himself) shall have effect in relation to arrangements made under subsection (7) of that section (as modified by paragraph (2) above) as if —
a
references to functions included references to responsibilities, and
b
the reference to an officer of the authority included a reference to —
i
a sub-committee of the Implementation Executive, and
ii
an officer of any of the district councils.
4
Section 21 of the 2000 Act (overview and scrutiny committees) shall not apply on or before 31st March 2009 in relation to any matter —
a
that is a responsibility of the Implementation Executive by virtue of paragraph (1), or
b
that is the responsibility of that Executive under arrangements made by the Cornwall council under the 2000 Act.
5
Until 1st April 2009, section 13 of the 2000 Act (functions which are the responsibility of an executive) shall have effect as if, at the end of subsection (10)(c), there were added “or as mentioned in article 8(6) of the Cornwall (Structural Change) Order 2008”.
6
The Cornwall council and the district councils may discharge jointly under arrangements under section 101(5) of the 1972 Act the functions of —
a
reviewing or scrutinising decisions made, or other action taken, by the Implementation Executive in connection with any matter of a description mentioned in paragraph (4); or
b
preparing reports for, or making recommendations to, the Implementation Executive in connection with any function or responsibility of that Executive.
7
Where such arrangements as are mentioned in paragraph (6) are made, the joint committee shall inform the Cornwall council and the district councils at least once in each period of three months beginning with the period ending on 31st March 2008 of —
a
the matters that it has considered during the period in question, and
b
the conclusions (if any) that it has reached concerning those matters.
8
The Implementation Executive and any sub-committee of that Executive shall be dissolved on the fourth day after the 2009 election day.
9
Any joint committee established as mentioned in paragraph (6) shall be dissolved on 1st April 2009.
Implementation Plan and further provisions relevant to discharge of functions by Implementation Executive
9
1
The Implementation Executive shall prepare, keep under review, and revise as necessary, an Implementation Plan which shall include —
a
such plans and timetables as the Implementation Executive considers necessary to secure the effective, efficient and timely discharge of the main transitional function and the article 7 functions; and
b
such budgets and plans as it considers necessary or desirable to facilitate the economic, effective, efficient and timely discharge of the Cornwall council’s functions on or after 1st April 2009.
2
For the purposes of —
a
preparing, reviewing and revising the Implementation Plan,
b
discharging the main transitional function and the article 7 functions, and
c
discharging such other functions as may be conferred on it,
the Implementation Executive shall have regard to the information supplied by the Cornwall council to the Secretary of State in support of its proposal for single tier local government in Cornwall and, in particular, to the information supplied in relation to the matters specified in paragraphs 3.6 to 3.11 (strategic leadership, neighbourhood empowerment and value for money services) of the guidance “Invitations to councils in England”, issued by the Secretary of State in October 2006 .
3
The Implementation Executive may, by written notice to —
a
the proper officer of the Cornwall council, or
b
the proper officer of any of the district councils,
require the council referred to in the notice to take such action relevant to the main transitional function or any of the article 7 functions as may be specified in the notice.
4
In paragraph (3), “the proper officer”, means the officer appointed by the Cornwall council or the district council concerned (as the case may be) for the purpose of receiving such notices.
Implementation Team
10
1
Not later than 21 days after the coming into force of this Order the Implementation Executive shall form a team of officers for the purpose of assisting the Executive in the discharge of the main transitional function and the article 7 functions (“the Implementation Team”).
2
The members of the Implementation Team shall include officers from both the Cornwall council and each of the district councils.
3
The leader of the Implementation Team shall be an officer of the Cornwall council.
4
It shall be the duty of the Cornwall council and each of the district councils to co-operate in the formation of the Implementation Team and to release the officers concerned from their normal duties at such times or for such periods as the Implementation Executive may reasonably require.
PART 4 DUTIES OF THE CORNWALL COUNCIL AND THE DISTRICT COUNCILS RELEVANT TO TRANSITION
General transitional duties of the Cornwall council and the district councils
11
1
It shall be the duty of the Cornwall council and the district councils —
a
to take, whether alone or in any combination, such steps as may be necessary to prepare for the transfer of the functions, property, rights and liabilities of the district councils;
b
to consult and co-operate with each other in order to secure the economic, effective, efficient and timely transfer of those functions, property, rights and liabilities; and
c
generally, to exercise their functions so as to further the purposes of this Order.
2
Without prejudice to the generality of paragraph (1), the Cornwall council and each of the district councils shall provide such information relating to its functions as any other of those councils may reasonably request for the purpose of giving effect to this Order.
3
Any person authorised in that behalf by the council making the request shall be entitled, at all reasonable times, on producing evidence of his authority (if so required by the council from which the information is sought) —
a
to inspect any record belonging to or under the control of the council providing the information and relating to that council or its functions; and
b
to take, or be supplied with, a copy of any such record or part of it.
4
The rights conferred by paragraph (3) include the right to require any record which is not in legible form to be made available in legible form so that the authorised person may inspect or copy it or be supplied with copies.
PART 5 ELECTORAL MATTERS
Cancellation of district council elections in 2008, etc
12
1
Notwithstanding section 7(8) and (9) of the 1972 Act (elections of councillors) —
a
elections shall not be held in 2008 for the return of councillors to any of the district councils; and
b
the term of office of councillors elected to any of the district councils in 2004, 2006 or 2007 shall end on 1st April 2009 .
2
Nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall authorise the holding of an election to fill a casual vacancy in the office of councillor of any of the district councils where that vacancy arises after 30th September 2008 and before 1st April 2009.
Cancellation of parish council elections, etc
13
1
Notwithstanding section 16(3) of the 1972 Act (election of parish councillors) —
a
elections shall not be held in 2008 for the return of councillors to the council of the parish of Ludgvan or Towednack ;
b
elections of parish councillors for the parishes of Ludgvan and Towednack shall be held on the ordinary day of election of councillors in 2009 and every four years thereafter; and
c
the term of office of councillors elected to those parishes in 2003 or at any subsequent by-election before the ordinary day of election of councillors in 2009, shall end on the fourth day after the ordinary day of election of councillors in 2009 .
2
Notwithstanding section 16(3) of the 1972 Act (election of parish councillors) —
a
elections shall not be held in 2011 for the return of councillors to the council of any parish within Cornwall;
b
elections of parish councillors for those parishes in which, but for sub-paragraph (a), elections would have been held in 2011 shall be held on the ordinary day of election of councillors in 2013 and every four years thereafter.
c
the term of office of parish councillors elected in 2007 or at any subsequent by-election before the ordinary day of election of councillors in 2013, shall end on the fourth day after the ordinary day of election of councillors in 2013.
PART 6 AMENDMENT OF ORDER
Amendment of Order
14
The District of Penwith (Electoral Changes) Order 2002 is amended by the omission of article 9.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
25th February 2008


text:
1
This Order may be cited as the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2008 and shall come into force on the expiry of one week beginning with the day on which it is made.
2
This Order extends to England and Wales and Northern Ireland.
3
The United States of America is designated as a participating country under section 51(2)(b) of the 2003 Act for the purposes of sections 32, 35, 43, 44 and 45 of the 2003 Act.
West of Spithead
Parliamentary Under Secretary of State
Home Office
7th August 2008


text:
Citation and commencement
1
1
This Order may be cited as the Magistrates’ Courts Fees (Amendment) Order 2008.
2
Except as provided in paragraph (3), this Order shall come into force on 26th November 2008.
3
Article 3 and article 6 shall come into force on 8th December 2008.
Amendment of the Magistrates’ Courts Fees Order 2008
2
The Magistrates’ Courts Fees Order 2008 is amended as follows.
3
In fee 10.1 —
1
for the description, substitute “On an application for an order in form C1 or form C100 (free-standing application), form C79 (application related to enforcement of a contact order), form C2 (application in existing proceedings) or a request for permission to apply for an order in form C2 under the following provisions of the Children Act 1989 — ”;
2
after paragraph (c), insert —
(ca) section 11J(2) (enforcement orders); £175 (cb) section 11O(2) (compensation for financial loss); £175
3
after paragraph (o), insert —
(oa) paragraph 4(2), 6(2), 7(2) or 9(2) of Schedule A1 (applications in respect of enforcement orders); £80 (ob) paragraph 5(2) of Schedule A1 (amendment of enforcement order by reason of change of address); £40
4
Delete the notes to fee 10.2 only and the notes to fees 10.1 and 10.2, and insert —
Notes to fees 10.1 and 10.2
Where an application requires the permission of the court, the relevant fee is payable when permission is sought but no further fee will be charged if permission is granted and the application is made.
Where an application is made or permission is sought under or relating to provisions of the Children Act 1989 which are listed in two or more different numbered fees, or require two or more different numbered forms, only one fee is payable, and if those fees are different, only the highest fee is payable.
Where an application is made or permission is sought under or relating to two or more provisions of the Children Act 1989 which are listed in the same numbered fee, the fee is payable only once.
Where the application is made or permission is sought in respect of two or more children, who are siblings or children of the family, at the same time, only one fee is payable in respect of each numbered fee.
Notes to fee 10.2 only
Where a final order is made at a case management conference, £500 of the amount paid under fee 10.2(a) will be refunded.
Where the court lists more than one issues resolution hearing or pre-hearing review, the fee is payable only once.
Where proceedings are consolidated with other proceedings, any fee which falls to be paid after the date on which the proceedings are consolidated is payable only once.
Where a fee is paid under fee 10.2(b) or (c) in relation to a hearing that is cancelled, for example, because a final order is made at earlier hearing, the application is withdrawn, or the hearing is no longer needed, the fee will be refunded. A refund will not be given if the hearing is adjourned to a later date or to a date to be fixed.
5
1
Delete the notes to fee 13.1, and
2
after fee 13.2, insert —
Where an application requires the permission of the court, the relevant fee is payable when permission is sought but no further fee will be charged if permission is granted and the application is made.
Where an application is made or permission is sought under or relating to two or more provisions of the Adoption and Children Act 2002 only one fee is payable.
Where the same application is made or permission is sought in respect of two or more children, who are siblings or children of the family, at the same time, only one fee is payable.
6
After fee 14, insert —
14A Proceedings under the Children and Adoption Act 2006
14A.1 On an application for a warning notice to be attached to a contact order.
Where an application is made or permission is sought under or relating to provisions of the Children Act 1989 and the Children and Adoption Act 2006 which are listed in two or more different numbered fees, only one fee is payable.
Where the same application is made or permission is sought in respect of two or more children, who are siblings or children of the family, at the same time, only one fee is payable in respect of each numbered fee.
£40
7
For the description of fee 18.2, substitute “On a request to issue a hearing notice and copy or a summons and copy.”
8
In paragraph 1(1) of Schedule 2, in the definition of “party”, for “the party” substitute “the individual”.
9
In paragraph 2 of Schedule 2, after sub-paragraph 2(d), insert —
; and
e
income-related employment and support allowance under the Welfare Reform Act 2007 .
.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
4th November 2008
We consent,
Tony Cunningham
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
4th November 2008


text:
Title, application and commencement
1
These Regulations may be cited as the Beef and Veal Labelling Regulations 2008; they apply in England and come into force on 19th January 2009.
The competent authority
2
The Secretary of State is the competent authority for the purposes of —
a
Title II of Regulation (EC) No 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products ;
b
Commission Regulation (EC) No 1825/2000 laying down detailed rules for the application of Regulation (EC) No 1760/2000 ;
c
Article 113b of, and Annex XIa to, Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products ;
d
Commission Regulation (EC) No 566/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing of the meat of bovine animals aged 12 months or less .
The enforcement authorities
3
1
In relation to retail supply these Regulations are enforced by —
a
where there is a unitary authority, within the meaning of the Local Government Changes for England Regulations 1994 , that authority;
b
where there is not a unitary authority —
i
in a metropolitan district, the council of that district;
ii
in a non-metropolitan county, the council of that county;
iii
in each London borough, the council of that borough; or
iv
in the City of London, the Common Council.
2
Otherwise they are enforced by those local authorities, a port health authority and the Secretary of State.
Offences
4
Any person who fails to comply with any of the following is guilty of an offence —
a
the following provisions of Regulation (EC) No 1760/2000 of the European Parliament and the Council —
i
Article 11 (requirement to label);
ii
Article 13(1) (general rules);
iii
Article 13(2) (indications on the label);
iv
Article 13(5) (additional information on the label);
v
Article 14 (labelling of minced beef);
vi
Article 15 (beef from third countries);
vii
Article 16(4) (voluntary labelling);
viii
Article 17(1) (voluntary labelling of beef from third countries);
b
the following provisions of Commission Regulation (EC) No 1825/2000 —
i
Article 1 (traceability);
ii
Article 2 (labelling);
iii
Article 4 (size and composition of a group);
iv
Article 5(2) (minced beef);
v
Article 6(3) (beef in small retail packages);
vi
Article 7 (access to premises and records);
c
the following provision of Council Regulation (EC) No 1234/2007 —
i
Article 113b (marketing of the meat of bovine animals aged 12 months or less);
ii
paragraph II of Annex XIa (classification at the slaughterhouse);
iii
paragraph III of Annex XIa (sales descriptions);
iv
paragraph IV of Annex XIa (compulsory information on the label);
v
paragraph V of Annex XIa (optional information on the label);
vi
paragraph VI of Annex XIa (recording);
vii
paragraph VIII of Annex XIa (meat from third countries);
d
the following provision of Commission Regulation (EC) No 566/2008 —
i
Article 4(1) (compulsory information on the label);
ii
Article 4(2) (indication of age);
iii
Article 5 (recording information).
Enforcement notices
5
1
Where beef or veal has been labelled and marketed in a manner that does not comply with these Regulations, an authorised officer of an enforcement authority may serve a notice on the person in possession of the beef or veal requiring its removal from sale until it is relabelled in accordance with these Regulations; and any person who fails to comply with that notice is guilty of an offence.
2
A notice may authorise the beef or veal to be sent directly for processing into products other than those indicated in the first indent of Article 12 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council.
3
A notice must state the right of appeal to a magistrates’ court and the period within which the appeal may be brought.
4
Any person who is aggrieved by a notice may appeal to a magistrates’ court.
5
The procedure is by way of complaint for an order, and the Magistrates’ Court Act 1980 applies to the proceedings.
6
The period within which an appeal may be brought is one month from the date on which the notice was served.
7
On an appeal the court may either cancel or affirm the notice and, if the court affirms the notice, it may do so either in its original form or with such modifications as the court may in the circumstances think fit.
8
A person who is aggrieved by any decision by a magistrates’ court on an appeal under this regulation may appeal to the Crown Court.
Powers of entry
6
1
An authorised officer of an enforcement authority may, on producing a duly authenticated authorisation if required, enter any premises at any reasonable hour for the purpose of ascertaining whether —
a
there is or has been on the premises any contravention of these Regulations; or
b
there is on the premises any evidence of any contravention of these Regulations.
2
The officer may be accompanied by such other persons as the officer considers necessary, including any representative of the European Commission.
3
If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any premises (excluding premises used only as a dwelling) for any purpose in paragraph (1) and that either —
a
admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
an application for admission, or the giving of such notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,
the justice may by signed warrant authorise an authorised officer to enter the premises, if need be by reasonable force.
4
A warrant granted under this regulation continues in force for one month.
5
An officer who enters any unoccupied premises, or premises in which the occupier is temporarily absent, must leave them as effectively secured against unauthorised entry as they were before entry.
Powers of authorised officers
7
An authorised officer of an enforcement authority entering any premises under these Regulations may —
a
inspect any beef or veal present on those premises;
b
take samples from any beef or veal on those premises and, if necessary, send the samples for testing;
c
inspect any labels and relevant business records (including electronic records) in whatever form they are held;
d
seize and detain any such labels and records (including electronic records) that may be required as evidence in proceedings under these Regulations.
Obstruction
8
Any person who —
a
intentionally obstructs any person acting in the execution of these Regulations,
b
without reasonable cause, fails to give any person acting in execution of these Regulations any assistance or information that that person may reasonably require for the purpose of carrying out functions under these Regulations, or
c
furnishes to any person acting in the execution of these Regulations any information knowing it to be false or misleading,
is guilty of an offence.
Offences by bodies corporate
9
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
that person as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
For the purposes of this regulation “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
10
A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Revocation
11
The following are revoked —
a
the Beef Labelling (Enforcement) (England) Regulations 2000 ; and
b
the Beef Labelling (Enforcement) (England) (Amendment) Regulations 2002 .
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
17th December 2008


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Taxes on Income and Capital) (Moldova) Order 2008.
Double taxation arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Convention set out in Part 1 of the Schedule to this Order and in the Protocol set out in Part 2 of that Schedule have been made with the Government of the Republic of Moldova with a view to affording relief from double taxation in relation to income tax, corporation tax and capital gains tax and taxes of a similar character imposed by the laws of the Republic of Moldova;
b
those arrangements include provisions with respect to the exchange of information foreseeably relevant to the administration, enforcement or recovery of the taxes, and debts relating to the taxes, covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Title, Commencement and Interpretation
1
1
The title of this Order is the North Wales National Health Service Trust (Transfer of Property, Rights and Liabilities) Order 2008 and it comes into force on 16 September 2008.
2
In this Order, unless the context otherwise requires;
“the transfer date” (“ y dyddiad trosglwyddo ”) means the 16 September 2008;
Transfer of property, rights and liabilities
2
On the transfer date the property known as Abergele Hospital (Land Registry Number CYM 324611), and all the rights and liabilities attaching to that property, shall be transferred from the Welsh Ministers to the North Wales National Health Service Trust.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
15 September 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Tees Teaching Primary Care Trust (Change of Name) Order 2008 and shall come into force on 1 st August 2008.
2
In this Order —
“ the Order ” means the North Tees Primary Care Trust (Establishment) Order 2001 ; and
“ the trust ” means the Primary Care Trust established by the Order.
Change of name of Primary Care Trust and transitional provision
2
1
The trust shall be called the Stockton-on-Tees Teaching Primary Care Trust instead of the North Tees Teaching Primary Care Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for “North Tees Teaching” substitute “Stockton-on-Tees Teaching”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by either of its previous names,
and all instruments and other documents which refer to the trust under either of its previous names shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Ann Keen
Parliamentary Under Secretary of State
Department of Health
8th July 2008


text:
1
These Regulations may be cited as the Tribunals, Courts and Enforcement Act 2007 (Transitional Judicial Pensions Provisions) Regulations 2008 and shall come into force on 3rd November 2008.
2
Part 2 of the Judicial Pensions (Miscellaneous) Regulations 1995 applies for the purpose of an election under paragraph 11(3) of Schedule 9 to the Tribunals, Courts and Enforcement Act 2007 as it applies to an election under section 1(2) of the Judicial Pensions and Retirement Act 1993 .
Signed by the authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
9th October 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School and Local Education Authority Performance Targets) (England) (Amendment) Regulations and come into force on 31st December 2008.
2
These Regulations apply in relation to England.
Amendment of the Education (School Performance Targets) (England) Regulations 2004
2
1
The Education (School Performance Targets) (England) Regulations 2004 are amended in accordance with the following provisions of this regulation.
2
In regulation 2 —
a
in the definition of “designated school” —
i
in paragraph (a), omit “or regulation 4”; and
ii
in paragraph (b), omit the words “or the final year of the third key stage”;
b
in the definition of “performance targets”, for “regulation 3, 4, 5 or 6” substitute “regulation 3, 5 or 6”;
c
in the definition of “NC tests”, omit “or to third key stage pupils for the purpose of assessing the level of attainment which they have achieved in English, mathematics, science or information and communication technology”; and
d
omit the definition of “third key stage pupils”.
3
Omit regulation 4.
4
In regulation 5 —
a
in each of paragraphs (2) and (5), for “targets”, substitute “target”; and
b
for sub-paragraph (3), substitute —
3
The target referred to in paragraph (2) is the percentage of the relevant group of fourth key stage pupils to achieve the level 2 threshold in approved qualifications including grades A*-C in English and Mathematics GCSE qualifications.
5
In regulations 6 and 8, omit “4” in each place in which it occurs.
Amendment of the Education (Local Education Authority Performance Targets) (England) Regulations 2005
3
The Education (Local Education Authority Performance Targets) (England) Regulations 2005 are amended as follows.
4
In regulation 2(1) —
a
before the definition of “fourth key stage” insert —
“ethnic group” has the meaning given in paragraph 10 of the Schedule;
;
b
before the definition of “second key stage pupils” insert —
“pupils receiving free school meals” means pupils eligible to receive school meals free of charge by virtue of section 512ZB of the Education Act 1996 ;
;
c
insert “and” at the end of the definition of “second key stage pupils” and omit “and” at the end of the definition of “statistical reporting period”
d
omit the definition of “third key stage pupils”.
5
Omit paragraph 2 of the Schedule.
6
For paragraph 3(1) of the Schedule, substitute the following —
1
In connection with the performance of the relevant group of fourth key stage pupils in approved qualifications, a target for the percentage of the relevant group of fourth key stage pupils to achieve the level 2 threshold in approved qualifications including grades A*-C in English and Mathematics GCSE qualifications.
7
For paragraph 4 of the Schedule, substitute the following —
Targets for pupil groups
4
For each of the targets in paragraphs 1 and 3 above, a target in respect of each of the following ethnic groups or combination of ethnic groups for which there are 30 or more pupils in the ethnic group or combination of groups within the relevant group (as defined in each paragraph) in the local education authority’s maintained schools —
Black: Caribbean
Mixed: White and Black Caribbean
Black: African, and Mixed: White and Black African
Any other Black background
Asian: Pakistani
Any other White background.
4A
For each of the targets in paragraphs 1 and 3 above, a target in respect of pupils receiving free school meals where there are 30 or more pupils receiving free school meals within the relevant group (as defined in each paragraph) in the local education authority’s maintained schools.
4B
For each of the targets in paragraphs 1 and 3 above, a target in respect of Gypsy, Roma and Traveller of Irish heritage pupils where there are 3 or more such pupils within the relevant group (as defined in each paragraph) in the local education authority’s maintained schools.
.
8
After paragraph 7 of the Schedule insert the following —
Specific targets for other ethnic groups
8
1
Where, in the last school year before the target setting date, for any of the ethnic groups specified in paragraph (2), either —
a
the percentage of second key stage pupils who have achieved the relevant level or above is 10 or more percentage points below the percentage of all second key stage pupils who have achieved the relevant level or above in the local education authority’s maintained schools, or
b
the percentage of fourth key stage pupils who have achieved the relevant threshold is 10 or more percentage points below the percentage of all fourth key stage pupils who have achieved the relevant threshold in the local education authority’s maintained schools,
the target set out in paragraph 9 for that ethnic group.
2
The ethnic groups referred to in sub-paragraph (1) are —
White: British
White: Irish
Mixed: White and Asian
Any other Mixed background
Asian: Indian
Asian: Bangladeshi
Any other Asian background
Chinese
Any other ethnic group.
3
In sub-paragraph (1)(a) the relevant level is level 4 in NC tests in both English and Mathematics.
4
In sub-paragraph (1)(b) the relevant threshold is the level 2 threshold in approved qualifications including grades A*-C in English and Mathematics GCSE qualifications.
5
In this paragraph “the target setting date” means the date by which, in accordance with regulation 3(2), the local education authority are required to set the target referred to in paragraph (1).
9
Where paragraph 8 applies, for each of the targets in paragraphs 1 and 3 above, a target in respect of any of the ethnic groups for which there are 30 or more pupils within the relevant group (as defined in each paragraph) in the local education authority’s maintained schools.
10
The following are the ethnic groups within which pupils can fall for the purposes of this Schedule —
White: British
White: Irish
Any other White background
Mixed: White and Black Caribbean
Mixed: White and Black African
Mixed: White and Asian
Any other Mixed background
Asian: Indian
Asian: Pakistani
Asian: Bangladeshi
Any other Asian background
Black: Caribbean
Black: African
Any other Black background
Chinese
Any other ethnic group.
.
Sarah McCarthy-Fry
Parliamentary Under Secretary of State
Department for Children, Schools and Families
1st December 2008


text:
Citation and commencement
1
1
This Order may be cited as the Family Proceedings Fees Order 2008 and shall come into force on 1st May 2008.
2
In this Order —
a
“ LSC ” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999 ;
b
expressions also used in the Family Proceedings Rules 1991 have the same meaning as in those Rules.
Fees payable
2
The fees set out in column 2 of Schedule 1 are payable in family proceedings in the High Court and in county courts in respect of the items described in column 1 in accordance with and subject to the directions specified in that column.
3
Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee is required to be paid in respect of any proceedings, the fees specified in this Order are not payable in respect of those proceedings.
Remissions and part remissions
4
Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.
Revocations
5
The instruments listed in column 1 of the table in Schedule 3 (which have the references listed in column 2) are revoked.
Transitional provision
6
Fees 2.2(b) and (c) are not payable in respect of an issues resolution hearing, pre-hearing review or final hearing which has been listed on any day between 1st May 2008 and 14th May 2008 inclusive.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
3rd April 2008
We consent,
Steve McCabe
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
7th April 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Financial Assistance Scheme (Amendment) Regulations 2008 and shall come into force on 23rd December 2008.
2
In these Regulations, “the FAS Regulations ” means the Financial Assistance Scheme Regulations 2005 .
Amendment of the FAS Regulations
2
1
Regulation 9 of the FAS Regulations (qualifying pension schemes) is amended as follows.
2
At the beginning of paragraph (1)(b) insert “except where paragraph (1B) applies,”.
3
After paragraph (1A) insert —
1B
This paragraph applies where —
a
the scheme began to wind up during the period beginning on 6th April 2005 and ending on 22nd December 2008;
b
paragraph (i) or (ii) of paragraph (1)(c) applies by virtue of an insolvency event which occurred before 6th April 2005; and
c
there has not been an insolvency event in relation to the relevant employer which would be a qualifying insolvency event for the purposes of section 127 or Article 111 (duty to assume responsibility for schemes following insolvency event) if the scheme were an eligible scheme.
1C
In paragraph (1B) —
“eligible scheme” has the meaning given in section 126 or, as the case may be, Article 110 (eligible schemes);
“relevant employer” means the employer in relation to the scheme or, in relation to a multi-employer scheme, any employer or employers in relation to the scheme.
.
Consequential provision
3
1
Where a scheme is a qualifying pension scheme for the purposes of the FAS Regulations by virtue of these Regulations, that scheme —
a
is not an eligible scheme for the purposes of section 126(1)(b) of the Pensions Act 2004 or Article 110(1)(b) of the Pensions (Northern Ireland) Order 2005 (eligible schemes); and
b
remains a qualifying pension scheme for the purposes of the FAS Regulations if, on or after 23rd December 2008, there is an insolvency event in relation to the relevant employer which would be a qualifying insolvency event for the purposes of section 127 of that Act or Article 111 of that Order (duty to assume responsibility for schemes following insolvency event) if the scheme were such an eligible scheme.
2
In paragraph (1), “relevant employer” means the employer in relation to the scheme or, in relation to a multi-employer scheme, any employer or employers in relation to the scheme.
Signed by authority of the Secretary of State for Work and Pensions.
William D.McKenzie,
Parliamentary Under Secretary of State,
Department for Work and Pensions
27th November 2008


text:
Citation and commencement
1
These Regulations may be cited as the Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 2008 and will come into force on 20th August 2008.
Amendment to the Social Security and Child Support (Decisions and Appeals) Regulations 1999
2
For paragraph 1(a) of Schedule 3 to the Social Security and Child Support (Decisions and Appeals) Regulations 1999 substitute —
a
are solicitors of the Senior Courts of England and Wales, barristers in England and Wales or who have a qualification that is specified in an order made under section 7(6A) of the Social Security Act 1998 ; or
.
3
At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (renaming of Supreme Court), the reference to the Senior Courts in paragraph 1(a) of Schedule 3 to the Social Security and Child Support (Decisions and Appeals) Regulations 1999, as substituted by regulation 2, is to be read as a reference to the Supreme Court.
Jack Straw
Secretary of State for Justice
18th July 2008
I concur
Jack Straw
Lord Chancellor
18th July 2008


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) (Amendment) Regulations 2008 and shall come into force on 1st November 2008.
2
Regulations made under section 56B of the Taxes Management Act 1970 (Special Commissioners: procedure) before these Regulations come into force apply (with any necessary modifications) to applications under Part 2 of the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007 as amended by these Regulations as they apply to appeals (but subject to any regulations made after these Regulations come into force).
3
A power under Part 2 of the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007 as amended by these Regulations may be exercised in relation to, or by virtue of, matters arising wholly or partly before these Regulations come into force.
Amendments to the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007
2
The National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007 are amended as follows.
3
In regulation 1(2)(d) (citation, commencement and effect) for “promoter”, in the second place where it occurs, substitute “promoter)” and for “apply)” substitute “apply”.
4
In regulation 2 (interpretation) —
a
after the definition of “the Information Regulations” insert —
“notifiable arrangements” and “notifiable proposal” have the meaning given to them in section 306 of the Finance Act 2004 ;
,
b
omit “and” after the definition of “promoter”,
c
in the definition of “reference number” after the words “regulation 10” insert “and, in relation to any notifiable arrangements or proposed notifiable arrangements, means the reference number allocated under section 311”, and
d
after the definition of “reference number” insert —
“the Special Commissioners” has the meaning given by section 4 of the Taxes Management Act 1970 .
.
5
In regulation 3 (structure of the Regulations) —
a
in the first paragraph for “13” substitute “13A”,
b
in the second paragraph after “section 98C” insert “and section 118(2) ”, and
c
in the third paragraph for “18” substitute “19”.
6
In the heading to Part 2 for “Provision” substitute “Provisions”.
7
Before regulation 4 insert the heading “Application of Part 2”.
8
In regulation 4 —
a
in paragraph (1) for “Description” substitute “Descriptions”, and
b
for the Table after paragraph (2) substitute —
Section within Part 7 Corresponding provision of these Regulations
Section 306 (meaning of “notifiable arrangements” and “notifiable proposal”) Regulation 5 Section 306A (doubt as to notifiability) Regulation 5A Section 307 (meaning of “promoter”) Regulation 6 Section 308 (duties of promoter) Regulation 7 Section 308A (supplemental information) Regulation 7A Section 309 (duty of person dealing with promoter outside the United Kingdom) Regulation 8 Section 310 (duty of parties to notifiable arrangements not involving promoter) Regulation 9 Section 311 (arrangements to be given reference number) Regulation 10 Section 312 (duty of promoter to notify client of number) Regulation 11 Section 312A (duty of client to notify parties of number) Regulation 11A Section 313 (duty of parties to notifiable arrangements to notify Board of number etc) Regulation 12 Section 313A (pre-disclosure enquiry) Regulation 12A Section 313B (reasons for non-disclosure: supporting information) Regulation 12B Section 314A (order to disclose) Regulation 12C Section 316 (information to be provided in form and manner specified by Board) Regulation 13 Section 317A (special commissioners: procedure) Regulation 13A
9
After regulation 5 (meaning of “notifiable contribution arrangements” and “notifiable contribution proposal”) insert —
Doubt as to notifiability
5A
1
The Commissioners may apply to the Special Commissioners for an order that —
a
a proposal is to be treated as a notifiable contribution proposal, or
b
arrangements are to be treated as notifiable contribution arrangements.
2
An application must specify —
a
the proposal or arrangements in respect of which the order is sought, and
b
the promoter.
3
On an application the Special Commissioners may make the order only if satisfied that the Commissioners —
a
have taken all reasonable steps to establish whether the proposal is a notifiable contribution proposal or the arrangements are notifiable contribution arrangements, and
b
have reasonable grounds for suspecting that the proposal may be a notifiable contribution proposal or the arrangements may be notifiable contribution arrangements.
4
Reasonable steps under paragraph (3)(a) may (but need not) include taking action under regulation 12A or 12B.
5
Grounds for suspicion under paragraph (3)(b) may include —
a
the fact that the relevant arrangements fall within a description prescribed by the Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2006 as modified by these Regulations;
b
an attempt by the promoter to avoid or delay providing information or documents about the proposal or arrangements under or by virtue of regulation 12A or 12B;
c
the promoter’s failure to comply with a requirement under or by virtue of regulation 12A or 12B or section 313A or 313B in relation to another proposal or other arrangements.
6
Where an order is made under this regulation in respect of a proposal or arrangements, the period for the purposes of paragraphs (1) and (3) of regulation 7 is that prescribed by the Information Regulations .
7
An order under this regulation in relation to a proposal or arrangements is without prejudice to the possible application of regulation 7, other than by virtue of this regulation, to the proposal or arrangements.
.
10
At the end of regulation 6 (meaning of promoter) insert —
6
In the application of this Part to a proposal which is not a notifiable contribution proposal or arrangements which are not notifiable contribution arrangements, a reference to a promoter is a reference to a person who would be a promoter under paragraphs (1) to (5) if the proposal were a notifiable contribution proposal or arrangements were notifiable contribution arrangements.
.
11
1
Regulation 7 (duties of promoter) is amended as follows.
2
In paragraph (1) —
a
for “The promoter” substitute “A person who is a promoter in relation to a notifiable contribution proposal”, and
b
for “any” substitute “the”.
3
In paragraph (2)(a) for “a” substitute “the”.
4
In paragraph (3) —
a
for “The promoter” substitute “A person who is a promoter in relation to notifiable contribution arrangements”, and
b
for “any notifiable” substitute “the notifiable”.
5
For paragraph (4) substitute —
4
Paragraph (4A) applies where a person complies with paragraph (1) in relation to a notifiable contribution proposal for arrangements and another person is —
a
also a promoter in relation to the notifiable contribution proposal or is a promoter in relation to a notifiable contribution proposal for arrangements which are substantially the same as the proposed arrangements (whether they relate to the same or different parties), or
b
a promoter in relation to notifiable contribution arrangements implementing the notifiable contribution proposal or notifiable contribution arrangements which are substantially the same as notifiable contribution arrangements implementing the notifiable contribution proposal (whether they relate to the same or different parties).
4A
Any duty of the other person under paragraph (1) or (3) in relation to the notifiable contribution proposal or notifiable contribution arrangements is discharged if —
a
the person who complied with paragraph (1) has notified the identity and address of the other person to the Commissioners or the other person holds the reference number allocated to the proposed notifiable contribution arrangements under regulation 10, and
b
the other person holds information provided to the Commissioners in compliance with paragraph (1).
4B
Paragraph (4C) applies where a person complies with section 308(1) in relation to a notifiable proposal and another person is —
a
a promoter in relation to a notifiable contribution proposal for arrangements which are substantially the same as the notifiable proposal (whether they relate to the same or different parties), or
b
a promoter in relation to notifiable contribution arrangements which are substantially the same as notifiable arrangements implementing the notifiable proposal (whether they relate to the same or different parties).
4C
Any duty of the other person under paragraph (1) or (3) in relation to the notifiable contribution proposal or notifiable contribution arrangements is discharged if —
a
the person who complied with section 308(1) in relation to the notifiable proposal has notified the identity and address of the other person to the Commissioners or the other person holds the reference number allocated to the proposed notifiable arrangements under section 311 , and
b
the other person holds information provided to the Commissioners in compliance with section 308(1).
4D
Paragraph (4E) applies where a person complies with paragraph (3) in relation to notifiable contribution arrangements and another person is —
a
a promoter in relation to a notifiable contribution proposal for arrangements which are substantially the same as the notifiable contribution arrangements (whether they relate to the same or different parties), or
b
also a promoter in relation to the notifiable contribution arrangements or notifiable contribution arrangements which are substantially the same (whether they relate to the same or different parties).
4E
Any duty of the other person under paragraph (1) or (3) in relation to the notifiable contribution proposal or notifiable contribution arrangements is discharged if —
a
the person who complied with paragraph (3) has notified the identity and address of the other person to the Commissioners or the other person holds the reference number allocated to the notifiable contribution arrangements under regulation 10, and
b
the other person holds the information provided to the Commissioners in compliance with paragraph (3).
4F
Paragraph (4G) applies where a person complies with section 308(3) in relation to notifiable arrangements and another person is a promoter in relation to a notifiable contribution proposal for arrangements or notifiable contribution arrangements which are substantially the same as the notifiable arrangements (whether they relate to the same or different parties).
4G
Any duty of the other person under paragraph (1) or (3) in relation to the notifiable contribution proposal or notifiable contribution arrangements is discharged if —
a
the person who complied with section 308(3) in relation to the notifiable arrangements has notified the identity and address of the other person to the Commissioners or the other person holds the reference number allocated to the notifiable arrangements under section 311, and
b
the other person holds the information provided to the Commissioners in compliance with section 308(3).
.
12
After regulation 7 (duties of promoter) insert —
Supplemental Information
7A
1
This regulation applies where —
a
a promoter (P) has provided information in purported compliance with paragraph (1) or (3) of regulation 7, but
b
the Commissioners believe that P has not provided all the prescribed information.
2
The Commissioners may apply to the Special Commissioners for an order requiring P to provide specified information about, or documents relating to, the notifiable contribution proposal or arrangements.
3
The Special Commissioners may make an order under paragraph (2) in respect of information or documents only if satisfied that the Commissioners have reasonable grounds for suspecting that the information or documents —
a
form part of the prescribed information, or
b
will support or explain the prescribed information.
4
A requirement by virtue of paragraph (2) shall be treated as part of P’s duty under paragraph (1) or (3) of regulation 7.
5
In so far as P’s duty under paragraph (1) or (3) of regulation 7 arises out of a requirement by virtue of paragraph (2) above, the period for the purposes of those paragraphs of regulation 7 and the date after which it begins is prescribed by the Information Regulations.
6
In so far as P’s duty under paragraph (1) or (3) of regulation 7 arises out of a requirement by virtue of paragraph (2) above, the prescribed period may be extended by the Commissioners by direction.
.
13
Regulation 10(1) (arrangements to be given a reference number) is amended as follows —
a
after “complies” insert “or purports to comply”,
b
omit “may within 30 days”,
c
in paragraph (a), before “allocate” insert “may within 30 days”, and
d
for sub-paragraph (b) substitute —
b
if they do so, must notify that number to the person and (where the person is one who has complied or purported to comply with paragraph (1) or (3) of regulation 7) to any other person —
i
who is a promoter in relation to the notifiable contribution proposal (or arrangements implementing the notifiable contribution proposal) or the notifiable contribution arrangements (or proposal implemented by the notifiable contribution arrangements), and
ii
whose identity and address has been notified to the Commissioners by the person,
.
14
For regulation 11 (duty of promoter to notify client of number) substitute —
Duty of promoter to notify client of number
11
1
This regulation applies where a person who is a promoter in relation to notifiable contribution arrangements is providing (or has provided) services to any person (“the client”) in connection with the notifiable contribution arrangements.
2
The promoter must, within 30 days after the relevant date, provide the client with the prescribed information relating to any reference number (or, if more than one, any one reference number) that has been notified to the promoter (whether by the Commissioners or any other person) in relation to —
a
the notifiable contribution arrangements, or
b
any arrangements , including notifiable arrangements, which are substantially the same as the notifiable contribution arrangements (whether involving the same or different parties).
3
In paragraph (2) “the relevant date” means the later of —
a
the date on which the promoter becomes aware of any transaction which forms part of the notifiable contribution arrangements, and
b
the date on which the reference number is notified to the promoter.
4
But where the conditions in paragraph (5) are met the duty imposed on the promoter under paragraph (2) to provide the client with information in relation to notifiable contribution arrangements is discharged.
5
Those conditions are that —
a
the promoter is also a promoter in relation to a notifiable contribution proposal and provides services to the client in connection with them both,
b
the notifiable contribution proposal and the notifiable contribution arrangements are substantially the same, and
c
the promoter has provided to the client, in a form and manner specified by the Commissioners, prescribed information relating to the reference number that has been notified to the promoter in relation to the proposed notifiable contribution arrangements.
6
The Commissioners may give notice that, in relation to notifiable contribution arrangements specified in the notice, promoters are not under the duty under paragraph (2) after the date specified in the notice.
Duty of client to notify parties of number
11A
1
This regulation applies where a person (a “client”) to whom a person who is a promoter in relation to notifiable contribution arrangements or a notifiable contribution proposal is providing (or has provided) services in connection with the notifiable contribution arrangements or notifiable contribution proposal receives prescribed information relating to the reference number allocated to —
a
the notifiable contribution arrangements,
b
the notifiable contribution proposal, or
c
proposed notifiable arrangements, or notifiable arrangements, which are substantially the same as the notifiable contribution proposal or notifiable contribution arrangements.
2
The client must, within the prescribed period , provide prescribed information relating to the reference number to any other person —
a
who the client might reasonably be expected to know is or is likely to be a party to the arrangements or proposed arrangements, and
b
who might reasonably be expected to gain an advantage by reason of the arrangements or proposed arrangements.
3
The Commissioners may give notice that, in relation to notifiable contribution arrangements or a notifiable contribution proposal specified in the notice, persons are not under the duty under paragraph (2) after the date specified in the notice.
4
The duty under paragraph (2) does not apply in prescribed circumstances.
.
15
1
Regulation 12 (duty of parties to notifiable contribution arrangements to notify the Commissioners of number, etc.) is amended as follows.
2
In paragraph (1)(a) for “under regulation 10 by the Commissioners or under regulation 11 by the promoter” substitute “, whether the reference number was allocated under regulation 10 or section 311”.
3
Insert at the end —
3
The Commissioners may give notice that, in relation to notifiable contribution arrangements specified in the notice, persons are not under the duty under paragraph (1) after the date specified in the notice.
.
16
After regulation 12 insert —
Pre-disclosure enquiry
12A
1
Where the Commissioners suspect that a person (P) is the promoter of a proposal which may be a notifiable contribution proposal or arrangements which may be notifiable contribution arrangements, they may by written notice require P to state —
a
whether in P’s opinion the proposal or arrangements are notifiable by P, and
b
if not, the reasons for P’s opinion.
2
A notice must specify the proposal or arrangements to which it relates.
3
For the purpose of paragraph (1)(b) —
a
it is not sufficient to refer to the fact that a lawyer or other professional has given an opinion,
b
the reasons must show, by reference to this Part and the Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2006 as modified by these Regulations why P thinks the proposal or arrangements are not notifiable by P, and
c
in particular, if P asserts that the arrangements do not fall within any description prescribed by the Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2006 as modified by these Regulations, the reasons must provide sufficient information to enable the Commissioners to confirm the assertion.
4
P must comply with a requirement under or by virtue of paragraph (1) within —
a
the prescribed period, or
b
such longer period as the Commissioners may direct.
Reasons for non-disclosure: supporting information
12B
1
Where the Commissioners receive from a person (P) a statement of reasons why a proposal or arrangements are not notifiable by P, the Commissioners may apply to the Special Commissioners for an order requiring P to provide specified information or documents in support of the reasons.
2
P must comply with a requirement under or by virtue of paragraph (1) within —
a
the prescribed period, or
b
such longer period as the Commissioners may direct .
3
The power under paragraph (1) —
a
may be exercised more than once, and
b
applies whether or not the statement of reasons was received under regulation 12A(1)(b).
Order to disclose
12C
1
The Commissioners may apply to the Special Commissioners for an order that —
a
a proposal is a notifiable contribution proposal, or
b
arrangements are notifiable contribution arrangements.
2
An application must specify —
a
the proposal or arrangements in respect of which the order is sought, and
b
the promoter.
3
On an application the Special Commissioners may make the order only if satisfied that regulation 5 applies to the relevant arrangements and that they are within a description prescribed by the Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2006 as modified by these Regulations.
.
17
For regulation 13 (information to be provided in form and manner specified by Commissioners) substitute —
Information to be provided in form and manner specified by Commissioners
13
1
The Commissioners may specify the form and manner in which information required to be provided by any of the information provisions must be provided if the provision is to be complied with.
2
The “information provisions” are regulations 7(1) and (3), 8(1), 9, 11(2), 11A(2) and 12(1) and the Information Regulations.
Special Commissioners: procedure
13A
Sections 56B to 56D of the Taxes Management Act 1970 (procedure) shall apply (with any necessary modifications) to applications under this Part as to appeals.
.
18
In the title to Part 3 after “section 98C” insert “and section 118(2)”.
19
1
Regulation 14 (notification under Part 2) is amended as follows.
2
In paragraph (1) for “regulations 4 to 12” substitute “Part 2”.
3
In paragraph (2) —
a
omit “or” at the end of sub-paragraph (c),
b
in sub-paragraph (d) for “regulation 11(1)” substitute “regulation 11(2)”, and
c
after sub-paragraph (d) insert —
e
regulation 11A(2) (duty of client to notify parties of reference number), and
f
regulations 12A and 12B (duty of promoter to respond to inquiry).
.
4
After paragraph (2) insert —
2A
Where a failure to comply with a provision mentioned in paragraph (2) concerns a proposal or arrangements in respect of which an order has been made under regulation 5A (doubt as to notifiability), the amount specified in paragraph (1)(b) shall be increased to the sum prescribed by the Tax Avoidance Schemes (Penalty) Regulations 2007 as modified by these Regulations.
2B
Where a failure to comply with a provision mentioned in paragraph (2) concerns a proposal or arrangements in respect of which an order has been made under regulation 12C (order to disclose), the amount specified in paragraph (1)(b) shall be increased to the sum prescribed by the Tax Avoidance Schemes (Penalty) Regulations 2007 as modified by these Regulations in relation to the days falling after the prescribed period.
2C
The making of an order under regulation 12C does not of itself mean that, for the purposes of regulation 14A, a person either did or did not have a reasonable excuse for non-compliance before the order was made.
2D
Where an order is made under regulation 12C then for the purposes of regulation 14A —
a
the person identified in the order as the promoter of the proposal or arrangements cannot, in respect of any time after the end of the period mentioned in paragraph (2B), rely on doubt as to notifiability as an excuse for failure to comply with regulation 7, and
b
any delay in compliance with that regulation after the end of that period is unreasonable unless attributable to something other than doubt as to notifiability.
.
5
In paragraph (3) after “etc.)” insert “or the Information Regulations”.
6
In paragraph (4) after “regulation 12”, in both places it occurs, insert “or the Information Regulations”.
7
In paragraph (5) after “notifiable contribution arrangements” insert “which fall within any description prescribed by the Tax Avoidance (Prescribed Descriptions of Arrangements) Regulations 2006 as modified by these Regulations”
20
After regulation 14 insert —
Interpretation
14A
For the purposes of this Part —
a
a person shall be deemed not to have failed to do anything required to be done within a limited time if it was done within such further time, if any, as the Commissioners may have allowed; and
b
where a person had a reasonable excuse for not doing anything required to be done —
i
that person shall be deemed not to have failed to do it unless the excuse ceased, and
ii
after the excuse ceased, that person shall be deemed not to have failed to do it if it was done without unreasonable delay after the excuse had ceased.
.
21
1
In regulation 16 (modification of the Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2006) —
a
in paragraph (1) and in the heading to the regulation for “Description” substitute “Descriptions”,
b
in paragraph (1) for “313” substitute “313B and section 314A ”, and
c
in paragraph (3) for “description” substitute “descriptions”.
22
1
Regulation 17 (the Tax Avoidance Schemes (Information) Regulations 2004 ) is amended as follows.
2
In paragraph (1) —
a
for “313” substitute “313B and section 314A”; and
b
at the end of paragraph (1) insert “and any reference in those Regulations to section 98C of the Taxes Management Act 1970 shall be construed as a reference to regulation 14.”.
3
In paragraph (5) —
a
after “308,” insert “308A,”, and
b
before paragraph (a) insert —
za
in paragraph (3B) for “notifiable proposal or arrangements” substitute “notifiable contribution proposal or notifiable contribution arrangements”;
.
4
After paragraph (6) insert —
6A
In regulation 7A (time for providing information under 312A) for “notifiable arrangements”, wherever those words appear, substitute “notifiable contribution arrangements”.
6B
In regulation 7B (exemption from duty under section 312A) —
a
for “tax advantage in respect of income tax or capital gains tax” substitute “advantage”, and
b
for “notifiable arrangements”, wherever those words appear, substitute “notifiable contribution arrangements
.
5
In paragraph (7) —
a
in paragraph (1) of the substituted regulation 8 —
i
in sub-paragraph (a)(i) for “12” substitute “10”, and
ii
in sub-paragraph (b) at the beginning insert “unless paragraph (1A) applies,”,
b
after paragraph (1) insert —
1A
Where —
a
the advantage which is expected to arise from the notifiable contribution arrangements relates to Class 1A contributions only, and
b
the transactions which comprise the notifiable contribution arrangements do not give rise to an advantage in relation to tax,
the prescribed time is any time before the date specified in regulation 80(1) of the Social Security (Contributions) Regulations 2001 .
In this paragraph the term “an advantage in relation to tax” shall be construed in accordance with section 318(1).
, and
c
in paragraph (2) of the substituted regulation 8 after “paragraph (1)(b)” insert “or (1A)”.
23
In regulation 18(1) (the Tax Avoidance Schemes (Promoters and Prescribed Circumstances) Regulations 2004 ) for “313” substitute “313B and section 314A”.
24
After regulation 18 insert —
The Tax Avoidance Schemes (Penalty) Regulations 2007
19
The Tax Avoidance Schemes (Penalty) Regulations 2007 apply to notifiable contribution arrangements and notifiable contribution proposals as they apply to income tax and any reference in those Regulations to sections 306 to 313B and section 314A shall be construed as a reference to the corresponding provision of these Regulations (see regulation 4(2)) and any reference in those Regulations to section 98C of the Taxes Management Act 1970 shall be construed as a reference to regulation 14.
.
Steve McCabe
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th October 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Welfare Reform Act 2007 (Commencement No. 7, Transitional and Savings Provisions) Order 2008.
2
In this Order “ the Act ” means the Welfare Reform Act 2007.
Appointed days
2
1
For the purpose only of conferring power to make orders or regulations, the day after the day on which this Order is made is the day appointed for the coming into force of section 42 of the Act (information relating to certain benefits).
2
1st September 2008 is the day appointed for the coming into force of the following provisions of the Act —
a
section 42, in so far as not already in force;
b
section 43 (unlawful disclosure of certain information);
c
section 67 and Schedule 8 (repeals) so far as they relate to the repeal of sections 94 and 95 of the Local Government Act 2000 .
3
7th October 2008 is the day appointed for the coming into force of the following provisions of the Act —
a
section 50 (widowed mother’s allowance);
b
section 51 (widowed parent’s allowance);
c
section 67 and Schedule 8 so far as they relate to the repeal of paragraphs 26 and 28 of Schedule 3 to the Tax Credits Act 2002 .
Transitional and savings provisions
3
1
The following provisions of the Local Government Act 2000 continue to have effect after 31st August 2008 in relation to information supplied on or before that date by virtue of section 94 of that Act —
a
section 94(4), (5) and (6) (which permits the onward supply of information received by virtue of section 94(3) to a person providing qualifying welfare services); and
b
section 95 (under which a person is guilty of an offence if he makes an unauthorised disclosure of information).
2
Paragraph (1) applies notwithstanding article 2(2) (which brings into force on 1st September 2008 the repeal of sections 94 and 95).
3
In cases to which article 3(2) of the Tax Credits Act 2002 (Commencement No. 3 and Transitional Provisions and Savings) Order 2003 applies, sections 37 (widowed mother’s allowance) and 39A (widowed parent’s allowance) of the Social Security Contributions and Benefits Act 1992 (as they continue to apply by virtue of article 4 of that Order) have effect as if the amendments specified in sections 50 and 51 of the Act had not come into force.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
4th August 2008


text:
PART 1 GENERAL
Citation and commencement
1
These Regulations may be cited as the Child Support Information Regulations 2008 and come into force on 27th October 2008.
Interpretation
2
1
In these Regulations —
“the 1991 Act ” means the Child Support Act 1991;
“local authority” means, in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and, in relation to Wales, a county council or a county borough council and, in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
“ Maintenance Calculation Procedure Regulations ” means the Child Support (Maintenance Calculation Procedure) Regulations 2000 ;
2
These Regulations apply to a 1993 scheme case in the same way as they apply to a 2003 scheme case and any references to expressions in the 1991 Act (including “non-resident parent” and “maintenance calculation”) or to regulations made under that Act are to be read, in relation to a 1993 scheme case, with the necessary modifications.
3
In paragraph (2) —
a
“2003 scheme case” means a case in respect of which the provisions of the Child Support, Pensions and Social Security Act 2000 have been brought into force in accordance with article 3 of the Child Support, Pensions, and Social Security Act 2000 (Commencement No.12) Order 2003 ; and
b
“1993 scheme case” means a case in respect of which those provisions have not been brought into force.
4
References in these Regulations to a non-resident parent are to a person who is the non-resident parent in relation to an application for a maintenance calculation or in relation to a maintenance calculation that is or has been in force and includes a person treated as a non-resident parent by virtue of regulations made under section 42 of the 1991 Act.
PART 2 DUTY TO PROVIDE INFORMATION
Information from the applicant
3
1
A person who has made an application for a maintenance calculation under section 4 of the 1991 Act must furnish such information as the Commission requires to enable —
a
the non-resident parent to be identified or traced (where that is necessary);
b
the amount of child support maintenance payable by the non-resident parent to be calculated; or
c
that amount to be recovered from the non-resident parent.
2
A qualifying child who has made an application for a maintenance calculation under section 7 of the 1991 Act (right of a child in Scotland to apply for a calculation) must furnish such information as the Commission requires for any of the purposes, except enabling the non-resident parent to be identified, set out in paragraph (1).
Information from other persons
4
1
The persons listed in paragraph (2) must furnish such information or evidence as is required by the Commission and is needed —
a
for the determination of any application made under the 1991 Act or any question arising in connection with such an application;
b
for the making of any decision, or in connection with the imposition of any condition or requirement, under that Act; or
c
in connection with the collection or enforcement of child support or other maintenance under that Act.
2
The persons required to furnish information or evidence are —
a
subject to regulation 5, the non-resident parent;
b
a current or previous employer of the non-resident parent;
c
a person for whom the non-resident parent is providing or has provided services under a contract for services;
d
a person who acts or has acted as an accountant for the non-resident parent;
e
a person, other than the applicant, who provides day to day care for a child in respect of whom an application for a maintenance calculation has been made or in respect of whom a maintenance calculation is or has been in force;
f
a credit reference agency within the meaning given by the Consumer Credit Act 1974 ;
g
a local authority in whose area the non-resident parent or the person with care resides or has resided;
h
persons employed in the service of the Crown or otherwise in the discharge of Crown functions —
i
under the Road Traffic (Northern Ireland) Order 1981 , sections 97 to 99A of the Road Traffic Act 1988 or Part II of the Vehicle Excise and Registration Act 1994 ; or
ii
under the Prison Act 1952 , the Prison Act (Northern Ireland) 1953 or the Prisons (Scotland) Act 1989 ;
i
a person who, in the course of business, may lawfully accept deposits in the United Kingdom;
j
a person who, within the meaning of the Electricity Act 1989 , distributes or supplies electricity;
k
a person who is the holder of a licence under section 7 of the Gas Act 1986 to convey gas through pipes or the holder of a licence under section 7A(1) of that Act to supply gas through pipes.
3
The persons mentioned in paragraph (2) (b) and (c) include persons employed in the service of the Crown or otherwise in the discharge of Crown functions.
Information from persons denying parentage
5
Where a person is alleged to be, but denies being, the parent of a child in respect of whom an application for a maintenance calculation has been made, unless the case falls within one of those set out in section 26(2) of the 1991 Act (disputes about parentage), the information or evidence which that person may be required to furnish is limited to what is needed for the purposes of enabling the non-resident parent to be identified or to enable a decision to be made as to whether the Commission has jurisdiction under section 44 to make a maintenance calculation.
Information from a court
6
1
Where there is or has been a relevant court order, or there have been proceedings in which such an order was sought or where such proceedings are pending, the persons mentioned in paragraph (2) must furnish such information or evidence in relation to that order or those proceedings as is required by the Commission and is needed for any of the purposes mentioned in regulation 4(1).
2
The persons who are required to furnish information or evidence are —
a
in England and Wales —
i
in relation to the High Court, the senior district judge of the principal registry of the Family Division or, where proceedings were instituted in a district registry, the district judge;
ii
in relation to a county court, the proper officer of that court within the meaning of Order 1, Rule 3 of the County Courts Rules 1981 ;
iii
in relation to a magistrates’ court, the designated officer for that court;
b
in Scotland —
i
in relation to the Court of Session, the Deputy Principal Clerk of Session;
ii
in relation to a sheriff court, the sheriff clerk.
3
In paragraph (1) “relevant court order” means —
a
an order as to periodical or capital provision or as to variation of property rights made under an enactment specified in paragraphs (a) to (ea) of section 8(11) of the 1991 Act or prescribed under section 8(11) of that Act in relation to a person who has made an application for a maintenance calculation or a qualifying child, person with care or non-resident parent in relation to such an application;
b
an order under Part II of the Children Act 1989 (orders with respect to children in family proceedings) in relation to a qualifying child or, in Scotland, an order under section 3 of the Law Reform (Parent and Child) (Scotland) Act 1986 or a decree of declarator under section 7 of that Act in relation to a qualifying child.
Duty of persons from whom information requested
7
1
Persons required to furnish information or evidence under regulations 3 to 6 must furnish the information or evidence requested if it is in their possession or they can reasonably be expected to acquire it.
2
The information must be furnished as soon as is reasonably practicable in the particular circumstances of the case.
3
Paragraph (2) is subject to regulation 3(4) of the Maintenance Calculation Procedure Regulations (which provides for a time limit where additional information is requested in relation to an ineffective application).
Commission to warn of consequences of failing to provide information or providing false information
8
A request by the Commission under regulations 3 to 6 must set out the possible consequences of failure to provide the information or evidence, including details of the offences provided for in section 14A of the 1991 Act for failing to provide, or providing false, information.
Duty to notify change of address
9
Persons who are liable to make payments of child support maintenance must, if they change their address, notify the Commission of their new address within 7 days of the change.
Continuing duty of person with care
10
Where a person with care with respect to whom a maintenance calculation has been made believes that, by virtue of section 44 or 55 of, or paragraph 16 of Schedule 1 to, the 1991 Act, the calculation has ceased to have effect, that person must, as soon as is reasonably practicable, inform the Commission of that belief, and of the reasons for it, and must provide such other information as the Commission may reasonably require, with a view to assisting the Commission in determining whether the calculation has ceased to have effect.
Powers of inspectors in relation to Crown premises
11
Subject to Her Majesty not being in residence, an inspector appointed under section 15 of the 1991 Act may enter any Crown premises for the purposes of exercising any powers conferred by that section.
PART 3 DISCLOSURE OF INFORMATION
Disclosure of information to a court or tribunal
12
1
The Commission may disclose any information held for the purposes of the 1991 Act to —
a
a court;
b
any tribunal or other body or person mentioned in the 1991 Act;
c
a person with a right of appeal under the 1991 Act to an appeal tribunal,
where such disclosure is made for the purposes of any proceedings before any of those bodies relating to the 1991 Act, the benefit Acts, the Jobseekers Act 1995 or Part 1 of the Welfare Reform Act 2007 .
2
For the purposes of this regulation “proceedings” includes the determination of an application referred to an appeal tribunal under section 28D(1)(b) of the 1991 Act.
3
The Commission may disclose information held for the purposes of the 1991 Act to a court in any case where —
a
that court has exercised any power it has to make, vary or revive a maintenance order or to vary a maintenance agreement; and
b
such disclosure is made for the purposes of any proceedings before that court in relation to that maintenance order or that maintenance agreement or for the purposes of any matters arising out of those proceedings.
Disclosure of information to other persons
13
1
The Commission may disclose information held for the purposes of the 1991 Act relating to one party to a maintenance calculation to another party to that calculation where, in the opinion of the Commission, such information is essential to inform the party to whom it would be given as to —
a
why it has decided not to make a maintenance calculation in response to an application made under section 4 or 7 of the 1991 Act, or an application for a revision under section 16 of that Act or a decision under section 17 of that Act superseding an earlier decision has been rejected;
b
why, although an application for a maintenance calculation referred to in sub-paragraph (a) has been made, that calculation cannot, at the time in question, be proceeded with;
c
why a maintenance calculation has ceased to have effect;
d
how a maintenance calculation has been calculated, in so far as the matter has not been dealt with by the notification given under regulation 23 of the Maintenance Calculation Procedure Regulations;
e
why a decision has been made not to arrange for, or to cease, collection of any child support maintenance under section 29 of the 1991 Act;
f
why a particular method of enforcement under the 1991 Act of an amount due under a maintenance calculation has been adopted in a particular case; or
g
why a decision has been made not to enforce, or to cease to enforce, under the 1991 Act the amount due under a maintenance calculation.
2
For the purposes of this regulation, “party to a maintenance calculation” means —
a
a person who has made an application for a maintenance calculation;
b
a qualifying child, person with care or non-resident parent in respect of whom an application for a maintenance calculation has been made;
c
a person appointed under regulation 34 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (death of party to an appeal);
d
the personal representative of a person mentioned in sub-paragraph (a) or (b) where —
i
a revision, supersession or appeal was pending at the date of death of that person and the personal representative is dealing with that revision, supersession or appeal on behalf of that person; or
ii
an application for a variation has been made but not determined at the date of death of that person and the personal representative is dealing on behalf of that person with any matters arising in connection with such an application.
3
Any application for information under this regulation shall be made to the Commission in writing setting out the reasons for the application.
4
Except where a person gives written permission to the Commission that the information mentioned in sub-paragraphs (a) and (b) below in relation to that person may be conveyed to other persons, any information given under the provisions of paragraph (1) shall not contain —
a
the address of any person other than the recipient of the information in question (other than the address of the office of the officer concerned who is exercising functions of the Commission under the 1991 Act) or any other information the use of which could reasonably be expected to lead to any such person being located;
b
any other information the use of which could reasonably be expected to lead to any person, other than a party to the maintenance calculation, being identified.
Employment to which section 50 of the 1991 Act applies
14
Section 50 of the 1991 Act (unauthorised disclosure of information) applies to the following kinds of employment, in addition to those specified in subsection (5) of that section —
a
the Comptroller and Auditor General;
b
any member of staff of the National Audit Office or any other person who carries out administrative work of that Office, or who provides or is employed in the provision of, services to it;
c
the Parliamentary Commissioner for Administration;
d
the Health Service Commissioner for Wales;
e
the Health Service Commissioner for Scotland;
f
any officer of any of the Commissioners referred to in paragraphs (c) to (e) above.
PART 4 MISCELLANEOUS
Revocation and saving
15
1
The Child Support (Information, Evidence and Disclosure) Regulations 1992 are revoked.
2
The revocation of those Regulations shall not affect any request for information made before 27th October 2008 and those Regulations shall remain in force for the purposes of any proceedings under section 14A of the 1991 Act (information offences) in relation to any such request.
Transitional provisions in relation to transfer of child support functions
16
During the period from the coming into force of these Regulations to the date on which section 13 of the Child Maintenance and Other Payments Act 2008 (transfer of child support functions to the Commission) comes into force, any reference in these Regulations to the Commission is to be read as a reference to the Secretary of State.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
26th September 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Imperial College Healthcare National Health Service Trust (Trust Funds: Appointment of Trustees) Order 2008 and shall come into force on 1st February 2008.
2
In this Order —
“ the Act ” means the National Health Service Act 2006; and
“the Trust” means the Imperial College Healthcare National Health Service Trust .
Appointment of trustees
2
1
The Secretary of State shall appoint trustees for the Trust for the purpose of exercising the functions described in paragraph 10(1) of Schedule 4 to the Act (trust funds and trustees).
2
The appointment of any such trustee shall be for such a period, not exceeding 4 years, as the Secretary of State may specify on making the appointment.
Termination and suspension of appointment
3
Where the Secretary of State is of the opinion that it is not in the interests of the Trust, the health service or the administration of any trust funds that a trustee for the Trust should continue to hold that office, the Secretary of State may forthwith terminate the appointment and, pending the Secretary of State’s decision, may suspend any such trustee from such office.
Signed by the authority of the Secretary of State for Health
Ben Bradshaw
Minister of State
Department of Health
15th January 2008


text:
Citation, application and commencement
1
These Regulations, which apply to England only, may be cited as the Central Rating List (England) (Amendment) Regulations 2008 and shall come into force on 1st April 2008.
Amendment of the Central Rating List (England) Regulations 2005
2
The Central Rating List (England) Regulations 2005 are amended as follows —
a
regulation 8(3) (communications hereditaments) is omitted; and
b
in Part 12 (long-distance pipe-line hereditaments) of the Schedule, in the column headed “Designated person” —
i
below “BP Oil UK Limited”, insert “with effect from 22nd July 2005, the company bearing the name Cemex UK Cement Limited on that date”, and
ii
below “Ineos Chlor Limited”, insert “with effect from 16th June 2006, the company bearing the name Ineos Manufacturing Scotland Limited on that date”.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
20th February 2008


text:
Citation and commencement
1
This Order may be cited as the Judicial Pensions and Retirement Act 1993 (Addition of Qualifying Judicial Offices) (No.2) Order 2008 and comes into force on 12 th December 2008.
Amendment of Schedule 1 to the Judicial Pensions and Retirement Act 1993
2
In Part 2 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (offices which may be qualifying judicial offices), at the end of the list under the heading “members of tribunals” insert —
President of the Valuation Tribunal for England appointed under paragraph A7(1) of Schedule 11 to the Local Government Finance Act 1988 .
.
Jack Straw
Lord Chancellor
13th November 2008