text:
PART 1 CITATION, COMMENCEMENT AND INTERPRETATION
Citation and commencement
1
1
These Regulations may be cited as the Home Information Pack (No. 2) Regulations 2007.
2
These Regulations shall come into force on 2nd July 2007.
Interpretation – general provisions
2
1
In these Regulations —
“the 2004 Act ” means the Housing Act 2004;
“appropriate local land charges register” means the register described in section 4 of the Local Land Charges Act 1975 ;
“approved certification scheme” means a certification scheme approved by the Secretary of State under regulation 37 of these Regulations and from which such approval has not been withdrawn under regulation 39 ;
“the Chief Land Registrar” means the person appointed by the Lord Chancellor under section 99(3) of the Land Registration Act 2002 ;
“conservation area consent” means the consent described in section 74(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“developer” means a person who has built or converted, or is building or converting the property;
“edited information document” means, where the Chief Land Registrar has designated a document an exempt information document, the edited copy of that document lodged under rule 136(2)(b) or 138(4) of the Land Registration Rules 2003 ;
“energy performance certificate” means a certificate which complies with regulation 11(1) of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 or regulation 17E of the Building Regulations 2000 ;
“exempt information document” means the original and copies of a document so designated under rule 136(3) of the Land Registration Rules 2003;
“first point of marketing” means the time described in regulation 3 ;
“home condition report” means a document which complies with Schedule 9;
“home information pack” in relation to a property, means —
where a duty arises under section 155(1) of the 2004 Act, the home information pack intended by the responsible person to be the one required by that provision; and
where a duty arises under section 159(2) of that Act, the home information pack intended by the person to whom that section applies to be the one required by that provision;
“home information pack index” means the document required by regulation 8(a) ;
“home inspector” means a person who is a member of an approved certification scheme;
“individual register” means the register so named in rule 2 of the Land Registration Rules 2003, the contents and arrangement of which are described in rules 3 and 4 of those Rules;
“lease” means a long lease except in regulation 8(i) , regulation 26(b)(i) , paragraph 3(l) of Schedule 4 and paragraph 3(a) of Schedule 5 ;
“listed building consent” means a consent under section 8(1), (2) or (3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“occupant” includes a potential occupant;
“pack document” means a document (or part of a document) required or authorised by these Regulations to be included in the home information pack;
“planning permission” means a permission (granted or deemed to be granted) under Part 3 of the Town and Country Planning Act 1990 ;
“predicted energy assessment” means the document required by regulation 8(c) ;
“premises” includes buildings and land;
“property” means the residential property in respect of which a duty arises under section 155(1) or 159(2) of the 2004 Act ;
“property interest” means the freehold interest (including a freehold estate in commonhold land) or the leasehold interest in the property that the seller is proposing to sell ;
“recommendation report” has the meaning given by regulation 2(1) of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007;
“records” includes documents, registers, files and archives, kept in any form;
“register of title” means the register kept by the Chief Land Registrar pursuant to section 1 of the Land Registration Act 2002;
“registered estate” means a legal estate the title to which is entered in the register of title, other than a charge the title to which is entered in that register;
“responsible person” also includes a person subject to a duty under section 159(2) of the 2004 Act;
“sale” includes the potential sale of a property interest ;
“sale statement” means the document required by regulation 8(d) ;
“search” means an inspection or investigation (whether manual or electronic) of records;
“service charge” has the same meaning as in section 18 of the Landlord and Tenant Act 1985 ;
“title plan” means the plan so named in rule 5(a) of the Land Registration Rules 2003; and
“year” means a period of 12 months.
2
In these Regulations, any expression relating to commonhold land must be construed in accordance with —
a
Part 1 of the Commonhold and Leasehold Reform Act 2002 if it is also used in that Act; or
b
the Commonhold Regulations 2004 where those Regulations further define or elaborate upon an expression used in Part 1 of that Act,
and in relation to commonhold land, references to common parts are to those that relate to the property and the commonhold of which the property forms part.
3
For the purposes of these Regulations —
a
the property is physically complete if its building or its conversion for residential purposes has been completed; and
b
where a question arises as to whether the property is physically complete, it must be considered physically complete if it —
i
is wind and weather proof;
ii
is safe and sanitary in relation to its occupants or visitors;
iii
has facilities for the supply of space heating, hot and cold water and electricity; and
iv
has washing and drainage facilities.
4
In these Regulations, references to the amendment or revision of a document include its modification or variation.
5
In these Regulations, references to a number of days, months or years are to a consecutive period of days or months.
Interpretation – first point of marketing
3
1
Subject to the provisions specified in paragraph (2) , a reference in these Regulations to the “first point of marketing” is to the first time a duty arises under section 155(1) or 159(2) of the 2004 Act in relation to the sale of the property interest.
2
The provisions referred to in paragraph (1) are —
a
regulations 16(3) , 17(3) , 21(3) , 22(3) and 23(3) ; and
b
paragraphs (3) , (4) and (5) .
3
No further first point of marketing shall arise where the property is taken off the market and then put back on the market before the end of the period of one year starting with the day on which the first point of marketing falls.
4
Except in the circumstances described in paragraph (5) , where the property is taken off the market and then put back on the market after the end of the period of one year starting with the day on which the first point of marketing falls —
a
a further first point of marketing arises; and
b
that first point of marketing is the time at which the property is put back on the market.
5
No further first point of marketing shall arise where the property —
a
is taken off the market for any period of time because the seller accepts an offer to buy the property; and
b
is then put back on the market within 28 days of that offer being withdrawn or its acceptance repudiated.
PART 2 HOME INFORMATION PACK - GENERAL PROVISIONS
Required, authorised and excluded documents
4
1
A home information pack —
a
must include —
i
the documents required under regulation 8 (including that regulation as modified by regulation 10 ); and
ii
the particular information so required to be included in a pack document; and
b
may include —
i
the documents authorised under regulation 9 (including that regulation as modified by regulation 10 ); or
ii
the particular information so authorised to be included in a pack document.
2
A home information pack must not include any other documents or information contained in a document.
3
A copy of a home information pack, or of a pack document provided to a potential buyer pursuant to section 156(1) of the 2004 Act must be separated and clearly distinguished by the responsible person from documents or information which are —
a
provided to a potential buyer in close proximity to the pack or pack document; and
b
neither required nor authorised by these Regulations to be included in the pack.
The home information pack
5
1
Except where an official copy of a document is required or authorised by these Regulations to be included in the home information pack, the pack must be composed of original documents or true copies of them .
2
For the purposes of these Regulations, a copy of a document containing a map, plan or drawing —
a
which is in the seller’s possession, under his control, or to which he has reasonable access; and
b
in which colours are used to mark boundaries or other features,
is a true copy if those colours are reproduced with sufficient accuracy to enable them to be identified.
Copies of a home information pack
6
The copies of a home information pack or pack document provided or produced under section 156(1) or 167(1) of the 2004 Act must be —
a
true copies of the home information pack or pack document; or
b
where a pack document is an official copy, a true copy of it or another official copy.
Comprehension of documents
7
1
Subject to paragraph (2) , pack documents and true copies of documents made in accordance with regulation 6 —
a
must be legible; or
b
in the case of maps, plans or drawings, must be clear.
2
Paragraph (1) does not apply where, despite all reasonable efforts and enquiries by the responsible person —
a
the only version of a pack document available is one which is illegible or unclear (either in whole or in part); and
b
that document is to be included under any of the following provisions —
i
regulation 8(f)(ii) (documents relied on to deduce unregistered title);
ii
regulation 9(j) (documents referred to in the register of title);
iii
regulation 8(g) or 9(k) (required or authorised commonhold information); or
iv
regulation 8(h) or 9(l) (required or authorised leasehold information).
3
Pack documents must be in —
a
English, where the property is in England; or
b
English, Welsh or a combination of English and Welsh, where the property (or part of the property) is in Wales.
PART 3 CONTENTS OF HOME INFORMATION PACKS
Required pack documents
8
Subject to regulations 10 , 11 , 12 and Parts 4 and 5, the home information pack must include the following —
a
an index to the home information pack complying with Schedule 1 (the home information pack index);
b
an energy performance certificate and its accompanying recommendation report for a property which is physically complete before or at the first point of marketing;
c
a predicted energy assessment complying with Schedule 2 if the property is not physically complete before or at the first point of marketing;
d
a document complying with Schedule 3 (the sale statement);
e
if the property interest is or includes the whole or part of a registered estate —
i
an official copy of the individual register relating to that estate; and
ii
an official copy of the title plan relating to that estate;
f
if the property interest is or includes the whole or part of an estate, the title to which is not entered in the register of title —
i
a certificate of an official search of the index map issued under rule 145(4) of the Land Registration Rules 2003 in relation to the parcel of land to which the property interest relates; and
ii
such other documents on which the seller can reasonably be expected to rely in order to deduce title to that estate for the purposes of its sale;
g
if the property interest is or includes the whole or part of a freehold estate in commonhold land —
i
the documents described in paragraph 1 of Schedule 4; and
ii
documents consisting of or containing information about the matters described in paragraph 2 of that Schedule;
h
if the property interest is or includes the whole or part of a leasehold interest —
i
the documents described in paragraph 1 of Schedule 5; and
ii
documents consisting of or containing information about the matters described in paragraph 2 of that Schedule;
i
if the property interest is or includes the whole or part of an interest in dwelling-houses to which Part 5 of the 2004 Act applies by virtue of section 171(2) of that Act, such leases or licences —
i
to which the dwelling-houses are subject or are expected to be subject at the time of, or following completion of the sale of the property interest ; and
ii
as have not been included in the pack under paragraph (h) of this regulation;
j
a search report which relates to the property and which records the results of a search of all parts of the appropriate local land charges register —
i
in the form of an official search certificate, in the case of an official search made pursuant to section 9 of the Local Land Charges Act 1975 ; or
ii
in any other form but made in accordance with Parts 1 and 2 of Schedule 6, in the case of a personal search made pursuant to section 8 of that Act ;
k
a search report which —
i
is made in accordance with Parts 1 and 2 of Schedule 6 and with Schedule 7; and
ii
records the results of a search of records held by or derived from a local authority (local enquiries); and
l
a search report which is made in accordance with Parts 1 and 2 of Schedule 6 and with Schedule 8 (drainage and water enquiries).
Authorised pack documents
9
Subject to regulations 10 , 11 , 12 and Parts 4 and 5, the home information pack may include documents consisting of or containing any of the following —
a
a home condition report which complies with Schedule 9;
b
documentary evidence of any safety, building, repair or maintenance work as has been carried out in relation to the property since the date of any home condition report included in the pack under paragraph (a) ;
c
any warranty, policy or guarantee for defects in the design, building, or completion of the property, or its conversion for residential purposes;
d
information about the design or standards to which a property has been or is being built;
e
an accurate translation in any language of any pack document;
f
an additional version of any pack document in another format, such as Braille or large print;
g
a summary or explanation of any pack document, including legal advice on the content of the pack or any pack document;
h
information identifying the property including a description, photograph, map, plan or drawing of the property;
i
information about a pack document, about information contained within a pack document or about the home information pack, relating to —
i
its source or supply; or
ii
complaints or redress procedures arising from it;
j
if the property interest is or includes the whole or part of a registered estate, official copies of any documents referred to in the individual register, including any edited information documents derived from such exempt information documents as are referred to in the register ;
k
if the property interest is or includes the whole or part of a freehold estate in commonhold land, information which —
i
relates to one or more of the matters described in paragraph 3 of Schedule 4; and
ii
would be of interest to potential buyers of the property interest;
l
if the property interest is or includes the whole or part of a leasehold interest, information which —
i
relates to one or more of the matters described in paragraph 3 of Schedule 5; and
ii
would be of interest to potential buyers of the property interest;
m
one or more of the following search reports which must be made in accordance with Part 1 of Schedule 6 and may be made in accordance with Part 2 of that Schedule, which records the results of a search relating to the property and relating to any of the following matters —
i
information held by or derived from a local authority, and dealing with matters supplementary to those contained in the search reports required by regulation 8(j) (search of the local land charges register) or 8(k) (local enquiries);
ii
common land or town or village greens;
iii
rights of access to, over or affecting the property interest;
iv
ground stability, the effects of mining or extractions or the effects of natural subsidence;
v
actual or potential environmental hazards, including the risks of flooding or contamination from radon gas or any other substance;
vi
telecommunications services;
vii
sewerage, drainage, water, gas or electrical services;
viii
the potential or actual effects of transport services, including roads, waterways, trams and underground or over-ground railways; or
ix
liabilities to repair or maintain buildings or land not within the property interest;
n
where it would be of interest to potential buyers of the property interest, a document which —
i
records the results of a search relating to other premises in the vicinity of the property; and
ii
would otherwise be a report of the type required by regulation 8(j) (search of the local land charges register), 8(k) (local enquiries) or 8(l) (drainage and water enquiries) or authorised by paragraph (m) of this regulation, if references in those provisions and in Schedules 6, 7 and 8 to “property”, “land” and “land on which the property is or will be situated” were references to those other premises;
o
any documents referred to in a search report included in the pack under regulation 8(j) (search of the local land charges register), 8(k) (local enquiries), 8(l) (drainage and water enquiries) (subject to paragraph 2(4)(b) of Schedule 8) or paragraphs (m) or (n) of this regulation; and
p
information which —
i
relates to one or more of the matters described in Schedule 10; and
ii
would be of interest to potential buyers of the property interest.
Creation of interests
10
1
Subject to regulation 12 and Parts 4 and 5, where the sale involves —
a
the whole or part of a commonhold unit, which at the first point of marketing has not been registered by the Chief Land Registrar as a freehold estate in commonhold land; or
b
a leasehold property interest, which at the first point of marketing has not yet been created,
regulations 8 and 9 apply as respects that freehold estate or leasehold interest, as modified by this regulation.
2
Where paragraph (1) (a) applies —
a
the sale statement must be completed as if the freehold estate had been registered by the Chief Land Registrar;
b
regulations 8(e) (evidence of title for registered estates), 8(f) (evidence of title for unregistered estates) and 9(j) (documents referred to in the individual register) apply as if for “is or includes” in each paragraph, there were substituted “to be registered as a freehold estate in commonhold land arises from”;
c
paragraphs 1 and 2 of Schedule 4 (required commonhold information) do not apply;
d
regulation 9(k) and paragraph 3 of Schedule 4 (authorised commonhold information) must be construed by reference to the information expected to be relevant to the interest to be registered as a freehold estate in commonhold land; and
e
the home information pack must include documents consisting of or containing information which relates to the matters described in paragraph 4 of Schedule 4.
3
Where paragraph (1) (b) applies —
a
the sale statement must be completed as if the leasehold interest had been created;
b
regulations 8(e) (evidence of title for registered estates), 8(f) (evidence of title for unregistered estates) and 9(j) (documents referred to in the individual register) apply as if for “is or includes” in each paragraph, there were substituted “is to be created from”;
c
paragraphs 1 and 2 of Schedule 5 (required leasehold information) do not apply;
d
regulation 9(l) and paragraph 3 of Schedule 5 (authorised leasehold information) must be construed by reference to the information expected to be relevant to the interest to be created; and
e
the home information pack must include documents consisting of or containing information which relates to the matters described in paragraph 4 of Schedule 5.
Prohibitions relating to home condition reports
11
1
A home condition report must not be included in the home information pack if it was not completed for the purposes of the sale by the seller of the property interest.
2
No pack document may be described as a “home condition report” unless it complies with Schedule 9.
Exclusion of advertising information
12
1
Information advertising or marketing goods or services must not be included in the home information pack or a pack document —
a
by a responsible person;
b
at his request; or
c
with his permission.
2
In paragraph (1) , “information advertising or marketing goods or services” does not include information in a document required to be included under regulation 8 (including that regulation as modified by regulation 10 ).
PART 4 ASSEMBLY OF HOME INFORMATION PACKS
Order of pack documents
13
Subject to the provisions of this Part, a copy of a home information pack provided or produced under section 156(1) or 167(1) of the 2004 Act must be composed of pack documents in the following order —
a
firstly, the document required by regulation 8(a) (home information pack index);
b
secondly —
i
the documents required by regulation 8(b) (energy performance certificate and recommendation report); or
ii
the document required by regulation 8(c) (predicted energy assessment); then
c
the remaining pack documents (which may be included in any order).
Time at which pack documents are to be included
14
1
Subject to regulations 16 , 20 and 34 , the documents required to be included in the home information pack under the following provisions of regulation 8 (including that regulation as modified by regulation 10 ) must be included before or at the first point of marketing —
a
paragraph (a) (home information pack index);
b
paragraph (b) (energy performance certificate and recommendation report);
c
paragraph (c) (predicted energy assessment);
d
paragraph (d) (sale statement);
e
paragraph (e) (evidence of title for registered estates); and
f
paragraph (f) (i) (official search of the index map for unregistered estates).
2
Subject to regulations 17 , 20 and 34 , the remaining documents required by regulation 8 to be included in the home information pack must be included before the end of the period of 28 days starting with the first point of marketing.
3
The pack documents authorised by these Regulations to be included in the home information pack under regulation 9 (including that regulation as modified by regulation 10 ) may be included at any time.
Age of pack documents when first included
15
1
The documents included under the following provisions of regulation 8 (including that regulation as modified by regulation 10 ) must be dated no earlier than the date that falls three months before the first point of marketing —
a
official copies included in the home information pack under —
i
paragraph (e) (evidence of title for registered estates);
ii
paragraph (g) (required commonhold information); and
iii
paragraph (h) (required leasehold information);
b
a certificate of an official search of the index map included in the pack under paragraph (f) (i) (evidence of title for unregistered estates);
c
paragraph (j) (search of the local land charges register);
d
paragraph (k) (local enquiries); and
e
paragraph (l) (drainage and water enquiries).
2
The documents included under the following provisions of regulation 8 must be dated no earlier than the date that falls twelve months before the first point of marketing —
a
paragraph (b) (energy performance certificate and recommendation report); and
b
paragraph (c) (predicted energy assessment).
3
All other pack documents must be such versions of the documents as can reasonably be assumed to be the most recent to the first point of marketing.
4
Where —
a
a pack document has been amended at any time before its inclusion in the home information pack; and
b
the amendment is not incorporated in the document,
that amendment must be included in the pack.
Energy information unobtainable before or at the first point of marketing
16
1
This regulation applies —
a
where the first point of marketing occurs on or after 1st January 2008;
b
where regulation 20 does not apply; and
c
in relation to the following pack documents required to be included in the home information pack before or at the first point of marketing by virtue of regulation 14(1) —
i
energy performance certificate and recommendation report (regulation 8(b)); and
ii
predicted energy assessment (regulation 8(c) ).
2
If, despite all reasonable efforts and enquiries by the responsible person, a pack document to which this regulation applies cannot be obtained by him before or at the first point of marketing, the home information pack complies with the requirements of these Regulations where —
a
the first point of marketing falls no earlier than the end of the period of 14 days starting with the day a request for the document is delivered in accordance with this Part;
b
the responsible person continues to use all reasonable efforts to obtain the document, and in particular, to obtain the document before the end of the period of 28 days starting with the first point of marketing;
c
the document is included in the home information pack as soon as reasonably practicable; and
d
proof of the request for the document is included in the pack .
3
The time at which the document is included in the home information pack becomes the first point of marketing for that document —
a
for the purposes of regulation 15(2) ; and
b
until such time (if any) as a further first point of marketing arises under regulation 3(4) or Part 5.
Documents required within 28 days of the first point of marketing
17
1
This regulation applies —
a
where regulation 20 does not apply; and
b
in relation to the pack documents required to be included in the home information pack before the end of the period of 28 days starting with the first point of marketing by virtue of regulation 14(2) .
2
The home information pack complies with the requirements of these Regulations where, in respect of a pack document to which this regulation applies —
a
the day a request for the document is delivered falls before the first point of marketing;
b
the responsible person believes on reasonable grounds that the latest time a document is likely to be obtained by him is at the end of the period of 28 days starting with the first point of marketing, and uses all reasonable efforts to obtain the document before then;
c
where it is reasonable to expect that the document can be obtained by the responsible person earlier than the time identified in paragraph (b) , he uses all reasonable efforts to obtain the document before then;
d
the responsible person continues to use such efforts if the document cannot be obtained by him in accordance with paragraphs (b) or (c) ;
e
the responsible person records on the home information pack index the information required under paragraph 1(f) of Schedule 1;
f
the document is included in the home information pack as soon as the responsible person obtains it; and
g
proof of the request for the document is included in the pack .
3
The time at which the document is included in the home information pack becomes the first point of marketing for that document —
a
for the purposes of any provision of these Regulations that requires the age or currency of a pack document to be determined by reference to a period preceding the first point of marketing; and
b
until such time (if any) as a further first point of marketing arises under regulation 3(4) or Part 5.
Requests for documents under this Part
18
1
In this Part, references to a request for a document are to a request —
a
which is properly addressed to a person who usually provides or is likely to provide the type of document requested; and
b
which —
i
is made in such form;
ii
contains all such information; and
iii
is accompanied by such payment or an undertaking to make such payment,
as is usually necessary to obtain a document of the type requested.
2
In this Part, proof of a request for a document means a written statement of the following matters —
a
which of the required documents has been requested;
b
the date that a request for the document is delivered in accordance with regulation 19 ;
c
the name of the person to whom the request has been addressed;
d
the date the responsible person believes the document is likely to become available; and
e
confirmation that the request complies with paragraph (1) .
Delivery of documents under this Part
19
1
Subject to paragraphs (2) and (3) , the day a request for the document is delivered shall, for the purposes of this Part, be taken to be, depending on the method of delivery —
a
the day the request is served personally on the intended recipient;
b
the day it would be delivered to the intended recipient’s address in the ordinary course of post or (if sooner), the day on which it is proved to have been so delivered;
c
the day it is left at the intended recipient’s address;
d
the second day after it is left at the document exchange of the person making the request or (if sooner), the day on which it is proved to have been so delivered; or
e
the day it is sent by fax or electronic communication to the intended recipient’s address or (if later), the day on which it is proved to have been so delivered.
2
Subject to paragraph (3) , where a request for a document is delivered to the Chief Land Registrar, the day the request is delivered shall, for the purposes of this Part, be taken to be the day it is delivered in accordance with, or under, the Land Registration Act 2002 —
a
personally;
b
by post, and is the day it would be delivered to the Chief Land Registrar in the ordinary course of post or (if sooner), the day on which it is proved to have been so delivered;
c
by document exchange, and is the second day after it is left at the document exchange of the person making the request or (if sooner), the day on which it is proved to have been so delivered;
d
orally; or
e
by telephone, fax or other electronic method.
3
For the purposes of this Part, where a request for a document —
a
is made in parts, the day the request is delivered shall be taken to be the day the last part is delivered as described in paragraphs (1) and (2) ;
b
is delivered more than once, the day the request is delivered shall be taken to be the first day on which a request is delivered as described in paragraphs (1) and (2) ; and
c
is delivered using more than one method of delivery, the day the request is delivered shall be taken to be the day on which the first request is delivered as described in paragraphs (1) and (2) .
4
In paragraph (1) (a) , “served personally” —
a
in relation to an individual, means leaving it with that individual;
b
in relation to a business, means leaving it with an employee or owner of the business; and
c
in relation to any other body of persons corporate or unincorporate, means leaving it with an employee or member of that body.
5
References to a recipient’s address —
a
in paragraphs (1) (b) and (c) are, if the intended recipient is an individual —
i
to his usual or last known residence; or
ii
if his usual or last known residence is the property, to that address and an address (if any) at which it can reasonably be assumed he will be contacted;
b
in paragraphs (1) (b) and (c) , are if the intended recipient is a business or other body, to any principal or last known place of business from which a document of the type requested is usually or likely to be provided; and
c
in paragraph (1) (e) , are to any electronic address, identification or number published or provided by the intended recipient for the purposes of supplying the document requested.
Required pack documents which are completely unobtainable
20
1
The provisions of regulation 8 specified in paragraph (2) do not apply where, after making all reasonable efforts and enquiries, the responsible person believes on reasonable grounds that the document in question —
a
no longer exists in any form; or
b
cannot be obtained from or created by any person.
2
The provisions are —
a
paragraph (c) (predicted energy assessment);
b
paragraph (f) (ii) (documents relied on to deduce unregistered title);
c
paragraph (g) (required commonhold information);
d
paragraph (h) (required leasehold information); or
e
paragraph (i) (leases or licences for dwelling-houses to which section 171(2) of the 2004 Act applies).
PART 5 ACCURACY OF HOME INFORMATION PACKS
Updating of required pack documents
21
1
This regulation applies to any document included in a home information pack under regulation 8 (including that regulation as modified by regulation 10 ).
2
Where the responsible person amends such a document or obtains or creates a further version of it, he must —
a
include the amended document or the further version in the pack;
b
amend accordingly such translations, additional versions, summaries or explanations as are included in the pack under regulation 9(e) , 9(f) or 9(g) or include a further version of such translations, additional versions, summaries or explanations; and
c
remove such documents as have been wholly superseded by a document included under sub-paragraphs (a) or (b) .
3
The time at which the responsible person amends a document or obtains or creates a further version of it under paragraph (2) becomes the first point of marketing for that document —
a
for the purposes of any provision of these Regulations that requires the age or currency of a pack document to be determined by reference to a period preceding the first point of marketing; and
b
until such time (if any) as a further first point of marketing arises under regulation 3(4) , Part 4 or this Part.
Updating of predicted energy assessment
22
1
If the property is not physically complete before or at the first point of marketing, and becomes complete after that time, the responsible person must include in the home information pack the documents which would be required by regulation 8(b) (energy performance certificate and recommendation report).
2
The documents required to be included in the pack under paragraph (1) must —
a
be so included before the end of the period of 14 days starting with the day on which the property becomes physically complete; and
b
replace any document already included in the pack in accordance with regulation 8(c) (predicted energy assessment).
3
The time at which the responsible person includes a document under paragraph (2) becomes the first point of marketing for that document —
a
for the purposes of regulation 15(2) ; and
b
until such time (if any) as a further first point of marketing arises under regulation 3(4) , Part 4 or this Part.
Updating of authorised pack documents
23
1
This regulation applies to any document included in a home information pack under regulation 9 (including that regulation as modified by regulation 10 ).
2
A responsible person —
a
may include an amended document or further version in the pack; and
b
may remove such documents as have been wholly superseded by a document or version included under sub-paragraph (a) .
3
The time at which the responsible person includes the amended document or further version under paragraph (2) (a) becomes the first point of marketing for that document —
a
for the purposes of any provision of these Regulations that requires the age or currency of a pack document to be determined by reference to a period preceding the first point of marketing; and
b
until such time (if any) as a further first point of marketing arises under regulation 3(4) , Part 4 or this Part.
Seller’s check of the home information pack
24
If he is not the seller, the responsible person must provide the seller with a copy of any of the pack documents which the seller has requested him to provide for the purposes of ensuring the accuracy of the home information pack.
PART 6 EXCEPTIONS
Meaning of “non-residential premises”
25
1
In this Part, “non-residential premises” includes —
a
premises where the most recent use of the premises is or was primarily non-residential; and
b
any dwelling-house where —
i
it is clear from the manner in which it is marketed that it is due to be converted for primarily non-residential use by the time its sale is completed; and
ii
all the relevant planning permissions and listed building consents exist in relation to the conversion.
2
For the purposes of this Part, where a question arises as to whether premises are —
a
non-residential premises; or
b
residential property by virtue of being ancillary land to a dwelling-house ,
the premises may be treated as non-residential premises if the conditions in paragraph (3) are met.
3
The conditions referred to in paragraph (2) are that —
a
the total area of the land is 5 hectares or more; and
b
the most recent use of the land is or was primarily for one or more of the following purposes —
i
horticulture or cultivation;
ii
the breeding or keeping of animals or livestock; or
iii
as grazing land or woodlands.
Exclusion from meaning of “non-residential premises”
26
In this Part, “non-residential premises” do not include —
a
premises due to be converted to a dwelling-house by the time the sale of the property interest is complete; or
b
a dwelling-house or a building ancillary to a dwelling-house used for either or both of the following purposes —
i
letting under a lease ; or
ii
home working.
Exception for seasonal and holiday accommodation
27
The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where —
a
the dwelling-house which is or forms part of the property is subject to a condition imposed under section 72(1)(a) of the Town and Country Planning Act 1990 regulating the use of the dwelling-house to either or both of the following —
i
occupation for less than 11 months in any 12 month period; or
ii
use only for holiday accommodation; and
b
that regulation of the use of the dwelling-house is clear from the manner in which the property is marketed.
Exception for mixed sales
28
The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where —
a
it is to be sold with one or more non-residential premises;
b
the dwelling-house which is or forms part of the property is ancillary to those non-residential premises;
c
at the time at which the first point of marketing would have occurred (were sections 155 to 159 of the 2004 Act to apply but for this regulation), the seller does not intend to accept an offer to buy the property in isolation from any one of those non-residential premises; and
d
the seller’s intention not to accept such an offer is clear from the manner in which the property is marketed.
Exception for dual use of a dwelling-house
29
The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where —
a
the dwelling-house which is or forms part of the property was most recently used for both residential and non-residential purposes; and
b
the manner in which it is marketed suggests that it is suitable for —
i
non-residential use; or
ii
both residential and non-residential use.
Exception for portfolios of properties
30
1
Subject to paragraph (2) , the duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where —
a
the dwelling-house which is or forms part of the property is to be sold with one or more other dwelling-houses;
b
the other dwelling-houses mentioned in sub-paragraph (a) —
i
are available for sale with vacant possession; and
ii
are not dwelling-houses to which Part 5 of the 2004 Act applies by virtue of section 171(2) of that Act;
c
at the time at which the first point of marketing would have occurred (were sections 155 to 159 of the 2004 Act to apply but for this regulation), the seller does not intend to accept an offer to buy any one of those dwelling-houses in isolation from another; and
d
the seller’s intention not to accept such an offer is clear from the manner in which the dwelling-houses are marketed.
2
Paragraph (1) does not apply where the other dwelling-houses mentioned in sub-paragraph (a) are ancillary to the dwelling-house.
Exception for unsafe properties
31
The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property —
a
which is unoccupied;
b
whose condition poses a serious risk to the health or safety of its potential occupants or visitors; and
c
where the manner in which the property is marketed suggests it is unsuitable for occupation in its condition.
Exception for properties to be demolished
32
1
The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property where —
a
it is clear from the manner in which the property is marketed that —
i
the dwelling-house which is or forms part of the property is suitable for demolition; and
ii
the resulting site is suitable for re-development;
b
all the relevant planning permissions, listed building consents; and conservation area consents exist in relation to the demolition; and
c
in relation to the re-development —
i
either outline planning permission or planning permission exists, or both; and
ii
where relevant, listed building consent exists.
2
In paragraph (1) (c) (i) , “outline planning permission” has the same meaning as in article 1(2) of the Town and Country Planning (General Development Procedure) Order 1995 .
Exception – properties marketed before the commencement date
33
1
In this regulation, “commencement date” means the date appointed by the Secretary of State for the coming into force of sections 155(1), 156(1) and 159(2) of the 2004 Act in relation to the property .
2
This regulation applies in relation to a property where —
a
the property is put on the market by or on behalf of the seller before the commencement date;
b
action taken at any time during the period starting with 1st June 2006 and ending before the commencement date by or on behalf of the seller, made public the fact that the property was on the market;
c
such action was taken with the intention of selling the property before the commencement date; and
d
such action was sustained to a reasonable extent after it was put on the market, during the period starting with 1st June 2006 and ending before the commencement date.
3
A person is not a responsible person in relation to a property to which this regulation applies, by virtue of action taken on or after the commencement date, by or on behalf of the seller, which makes public the fact that the property is on the market .
4
The duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property to which this regulation applies, which is put back on the market on or after the commencement date —
a
after the seller had accepted an offer to buy the property; and
b
within 28 days of that offer being withdrawn or its acceptance repudiated.
Exception – first day marketing during a temporary period
34
1
In the circumstances set out in paragraph (2) and subject to paragraph (3) , the duties under sections 155 to 159 of the 2004 Act do not apply in relation to a property until the responsible person has in his possession or under his control (where they would otherwise be required by regulation 8 ) —
a
an energy performance certificate relevant to the property and its accompanying recommendation report; or
b
a predicted energy assessment relevant to the property complying with Schedule 2.
2
The circumstances referred to in paragraph (1) are that —
a
the property is put on the market by or on behalf of the seller before 1st January 2008;
b
requests for all the required documents are delivered before the property is put on the market; and
c
those requests comply with regulation 18(1) .
3
The exception described in paragraph (1) does not apply unless the responsible person also satisfies the following conditions —
a
that where it is reasonable to expect that the responsible person can obtain a required document before the property is put on the market, he uses all reasonable efforts to obtain the document before then;
b
that where he believes on reasonable grounds that he is unlikely to obtain all the required documents by the end of the period of 28 days starting with the date on which the property is put on the market, he uses all reasonable efforts to obtain the documents before then;
c
that where sub-paragraphs (a) and (b) do not apply or he cannot obtain all the required documents in accordance with those provisions, he continues to use all reasonable efforts to obtain them.
4
In this regulation —
a
“responsible person” means the person who would be the responsible person if the duties under sections 155 to 159 of the 2004 Act applied;
b
“required documents” means the documents that would be required under regulation 8 if sections 155 to 159 of the 2004 Act applied; and
c
the day a request for a document is delivered shall be construed in accordance with regulation 19 .
5
Once the duties under sections 155 to 159 of the 2004 Act apply, the point at which the property is put on the market is the first point of marketing for that document —
a
for the purposes of regulation 17 (1) and (2) (documents required within 28 days of first point of marketing);
b
for the purposes of any provision of these Regulations that requires the age or currency of a pack document to be determined by reference to a period preceding the first point of marketing; and
c
until such time (if any) as a further first point of marketing arises under regulation 3(4) , Part 4 or Part 5.
PART 7 ENFORCEMENT
Amount of penalty charge
35
The amount of a penalty charge specified in a notice given to a person under section 168 of the 2004 Act (penalty charge notices) shall be £200.
Exclusion of penalty charge for content of pack documents
36
Section 168(1)(a) of the 2004 Act does not apply to a breach of a duty under section 155(1) or 159(2) of that Act to the extent that —
a
the content of a pack document, other than the home information pack index and the sale statement, fails to comply with any requirement of these Regulations; and
b
the responsible person believes on reasonable grounds that the document does comply with that requirement.
PART 8 APPROVED CERTIFICATION SCHEMES
Approval of certification schemes
37
The Secretary of State shall approve one or more certification schemes, but before doing so must be satisfied that the scheme contains appropriate provision —
a
for ensuring that its members are fit and proper persons who are qualified (by their education, training and experience) to produce home condition reports;
b
for ensuring that its members have in force suitable indemnity insurance;
c
for facilitating the resolution of complaints against its members;
d
for requiring home condition reports made by its members to be entered onto the register kept pursuant to Part 9;
e
for the keeping of a public register of its members; and
f
for requiring all members of all certification schemes as have been approved, to make home condition reports using a standard form for the type of dwelling-house which is or forms part of the property, which —
i
includes a statement of the procedures for the resolution of complaints against members;
ii
includes a statement of such procedures as are maintained by the scheme for rectifying inaccuracies in a particular home condition report; and
iii
includes a numerical scale for rating the conditions within the property.
Terms of approved certification schemes
38
An approved certification scheme must contain provision —
a
for ensuring that its objects and activities are compatible with protecting, promoting and facilitating the reliability and trustworthiness of home condition reports and home inspectors, with particular reference to potential and actual buyers, sellers and mortgage lenders of residential properties;
b
for ensuring that the scheme produces and publishes a code as regards the conduct required of its members;
c
for the conduct of inspections of residential properties by its members; and
d
for ensuring that its members complete home condition reports complying with Schedule 9 using the standard form described in regulation 37(f) .
Withdrawal of approval from certification schemes
39
The Secretary of State may withdraw approval from one or more certification schemes —
a
with immediate effect; or
b
with written notice —
i
with effect from a date specified in the notice; or
ii
temporarily for a period specified in the notice.
PART 9 HOME CONDITION REPORT REGISTER
CHAPTER 1
Interpretation
Interpretation of this Part
40
1
In this Part —
“agent” includes a person who —
provides advice to another in a professional capacity; or
acts on behalf of another with their authority;
“automated valuation supplier” means a person who carries out valuations of properties for the purposes of their sale other than by means of a visual inspection of the property;
“keeper of the register” means the Secretary of State or persons keeping the register or any part of the register on behalf of the Secretary of State;
“primary disclosure” means one or more of the following disclosures —
an inspection of the register or a home condition report entered onto the register;
the taking or giving of electronic or paper copies of the register or a home condition report entered onto the register; or
the giving of information contained in or derived from the register or a home condition report entered onto the register;
“report reference number” means the number assigned to a home condition report in accordance with regulation 41 ;
“request” includes an electronic or automated request;
“register” means the register of home condition reports described in section 165 of the 2004 Act and further described in this Part, and includes parts of the register;
“secondary disclosure” means a disclosure of a home condition report or its contents where that information has been obtained by virtue of a primary disclosure; and
“seller” does not include former sellers.
2
In this Part, references to a home condition report include —
a
part of a home condition report; and
b
a summary or explanation of a home condition report.
3
In this Part, references to the obtaining, keeping or storing of a document or information include the obtaining, keeping or storing of such a document or information in any form.
4
In this Part, a disclosure includes —
a
a primary or secondary disclosure; and
b
leaving or storing information in a place where it may be visible to another person .
CHAPTER 2
ARRANGEMENTS FOR KEEPING THE REGISTER
Registration of home condition reports
41
Each home condition report entered onto the register —
a
shall be registered under a report reference number; and
b
shall not be altered once so registered.
Retention of home condition reports
42
1
Subject to paragraph (2) , a home condition report entered onto the register must be cancelled from the register in the event that a person operating an approved certification scheme informs the keeper of the register that there is an inaccuracy in the report.
2
Except in the circumstances described in paragraph (1) , a home condition report entered onto the register must be kept on the register for no less than 15 years from the date on which it is entered onto the register.
Restrictions on disclosure by the keeper of the register in pursuance of a seller’s instructions
43
1
This regulation applies to home condition reports prepared for the purposes of the sale of the property interest by the seller.
2
A home inspector may inform the keeper of the register in writing, pursuant to the seller’s instruction, that the seller does not wish the keeper to make a primary disclosure of a home condition report to which this regulation applies, to —
a
all persons; or
b
all mortgage lenders or automated valuation suppliers.
3
Nothing in this Part authorises the primary disclosure of a home condition report in contravention of such an instruction.
Other registers
44
For the purposes of these Regulations and section 165 of the 2004 Act —
a
any other archive of home condition reports, or information obtained from a home condition report, is derived from the register whether or not obtained directly from the keeper of the register; and
b
the restrictions on disclosures or the permitted disclosures set out in Chapters 3 and 4 of this Part shall apply —
i
to such archives derived from the register as they apply to the register; and
ii
to the keeper of such an archive as they apply to the keeper of the register.
CHAPTER 3
DISCLOSURE - GENERAL PROVISIONS
Section 157 conditions
45
Nothing in this Part authorises a disclosure where the person who proposes to make the disclosure is aware that a condition exists under section 157(3) of the 2004 Act which prohibits the proposed disclosure.
Suspicion of unauthorised use
46
Nothing in this Part authorises a disclosure where the person who proposes to make a disclosure or requested to make a disclosure, believes that it is likely to result in a disclosure not authorised by this Part.
Commercial use by the keeper of the register
47
Nothing in this Part authorises the commercial use of the register by the keeper of the register, otherwise than in accordance with the provisions of this Part.
Responsibility for proving purposes of disclosure
48
Where this Part refers to the purposes of a disclosure, it shall be the responsibility of the person seeking the disclosure to prove those purposes to the satisfaction of the person from whom disclosure is sought.
Responsibility for proving agency
49
Where this Part authorises the disclosure to the agent of a person, it shall be the responsibility of the purported agent to prove the existence of an agency arrangement to the satisfaction of the person from whom the disclosure is sought.
Possession of report reference number
50
1
Before a primary disclosure authorised by this Part is made, the keeper of the register may require the person seeking the disclosure to provide the relevant report reference number.
2
The keeper of the register may presume that any person who is in possession of a report reference number is lawfully in possession of such a number, unless the contrary is proved.
CHAPTER 4
AUTHORISED DISCLOSURES
Internal processing of information
51
Any person may make a primary or secondary disclosure, where necessary for the purposes of processing information —
a
within a body of persons corporate or unincorporate;
b
between principal and agent;
c
between an employer and employee; or
d
in order to manage the register.
Sellers and their agents
52
1
The keeper of the register may make a primary disclosure to a seller or his agent.
2
Before making a disclosure in accordance with paragraph (1) , the keeper of the register may require the person seeking that disclosure to prove that he is the seller or his agent.
3
Where the home condition report to be disclosed was entered onto the register for the purposes of the sale of the property interest by that seller —
a
a seller may make a secondary disclosure to any person; and
b
the seller’s agent may make a secondary disclosure to a person only if the seller has authorised the agent to make that disclosure.
Potential buyers and their advisers
53
1
The keeper of the register may make a primary disclosure to an actual or potential buyer or his agent.
2
Before making a disclosure in accordance with paragraph (1) , the keeper of the register may require the person seeking that disclosure to prove one or more of the following matters —
a
that he is an actual or potential buyer or his agent;
b
that the request relates to a home condition report for a property the buyer is genuinely interested in buying; or
c
that the request is made for the purposes of —
i
checking the authenticity of a home condition report; or
ii
checking whether any home condition reports not included in the home information pack have been completed for the purposes of the sale of the property interest by the seller.
Mortgage lenders or automated valuation suppliers
54
1
The keeper of the register may make a primary disclosure to a mortgage lender, an automated valuation supplier or their agents.
2
Before making a disclosure in accordance with paragraph (1) , the keeper of the register may require the person seeking that disclosure to prove one or more of the following matters —
a
that they are a mortgage lender, automated valuation supplier or their agent;
b
that the request relates to a report for a property that the mortgage lender or automated valuation supplier has been asked to consider by or on behalf of an actual or potential buyer; or
c
that the request is made for the purposes of —
i
checking the authenticity of that report;
ii
valuing the property; or
iii
appraising the suitability of the property as security for mortgage or loan.
Approved certification schemes or complaints against home inspectors
55
1
The keeper of the register may make a primary disclosure to a person operating an approved certification scheme or a person dealing with complaints against home inspectors.
2
Before making a disclosure in accordance with paragraph (1) , the keeper of the register may require the person seeking that disclosure to prove one or more of the following matters —
a
that they operate an approved certification scheme or deal with complaints against home inspectors;
b
that the request is made for the purposes of —
i
any complaint or disciplinary procedure relating to a home inspector; or
ii
monitoring or assessing the work of home inspectors; or
c
that any request made by a person operating an approved certification scheme is made for the purposes of replacing archives of home condition reports prepared by its members, which —
i
have been destroyed; and
ii
were kept (and will be kept) for monitoring or assessing the work of members of that scheme.
Enforcement officers
56
1
The keeper of the register may make a primary disclosure to an authorised officer of an enforcement authority.
2
Before making a disclosure in accordance with paragraph (1) , the keeper of the register may require the person seeking that disclosure to prove one or more of the following matters —
a
that he is an authorised officer of an enforcement authority;
b
that the request is made for the purposes of the enforcement by enforcement authorities of —
i
the duties under sections 155 to 159 and 167(4) of the 2004 Act; or
ii
any duty imposed under section 172(1) of that Act.
Office of Fair Trading
57
1
The keeper of the register may make a primary disclosure to the Office of Fair Trading.
2
Before making a disclosure in accordance with paragraph (1) in response to a request, the keeper of the register may require the Office of Fair Trading to prove that the request is made for the purposes of the enforcement by the Office of Fair Trading of its functions under the Estate Agents Act 1979 or the 2004 Act.
Information from which no particular property is identifiable
58
Any person may make a primary or secondary disclosure where no particular property would be identifiable in doing so.
Disclosures for the purposes of the 2004 Act or these Regulations
59
Any person may make a primary or secondary disclosure for the purposes of —
a
section 156(1), (2) and (11) of the 2004 Act; or
b
regulations 5 , 6 , 9(a) and 24 .
Prevention of crime
60
Any person may make a primary or secondary disclosure for the purposes of or to facilitate —
a
the prevention or detection of crime; or
b
the apprehension or prosecution of offenders.
Legal proceedings and court orders
61
Any person may make a primary or secondary disclosure for the purposes of —
a
the establishment, exercise or defence of legal rights; or
b
an order of a court.
CHAPTER 5
FEES
Fees
62
1
The fee prescribed under section 165(3) of the 2004 Act is £1.15 (one pound and fifteen pence).
2
No fee may be charged for a primary disclosure.
Signed by authority of the Secretary of State
for Communities and Local Government
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
8th June 2007


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Pensions Act 2004 (Code of Practice) (Modification of subsisting rights) Appointed Day Order 2007.
Appointed Day
2
The day appointed for the purposes of section 91(9) of the Pensions Act 2004 (procedure for issue and publication of codes of practice) for the coming into effect of the Pensions Regulator Code of Practice No. 10: Modification of subsisting rights is 24th January 2007.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
15th January 2007


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 2) (Amendment) Order 2007 and comes into force on 16th July 2007.
Amendment of the School Teachers' Pay and Conditions (No. 2) Order 2006
2
1
The School Teachers' Pay and Conditions (No. 2) Order 2006 is amended in accordance with the following paragraphs.
2
In article 4, after the words “article 5” insert “(1) to (6), and on and after the coming into force of the Education (School Teachers' Pay and Conditions) (No. 2) (Amendment) Order, to article 5(7)”.
3
After article 5(6) insert the following —
7
For Annex 6, substitute the Annex in the Schedule to this Order.
.
4
After the Minister’s signature insert the following —
SCHEDULE
Article 2(3)
For Annex 6 of the Document substitute the following —
ANNEX 6 — Changes Taking Effect From 1st September 2007
1
In Contents —
a
in the entry for paragraph 21, for “Performance threshold” substitute “Post-threshold”;
b
in the entry for ANNEX 1, for “Performance threshold standards” substitute “Professional standards for post-threshold teachers, excellent teachers and advanced skills teachers”;
c
the entry for ANNEX 2 is deleted.
2
In paragraph 1.2 —
a
for paragraph (a) of the definition of “advanced skills teacher post” substitute —
a
in which the post-holder is required —
i
to be a qualified teacher who, prior to 1st September 2007, has been certified by an assessor as meeting the standards for advanced skills teachers applicable at the relevant time; or
ii
to be a qualified teacher who has, on or after 1st September 2007, satisfied the person to whom the task has been delegated that he meets the core standards, been assessed by an assessor as meeting the post-threshold teacher standards and been certified by that assessor as meeting the excellent teacher and the advanced skills teacher standards; or
iii
to be a post-threshold teacher who has, on or after 1st September 2007, satisfied the person to whom the task has been delegated that he meets the core standards and the post-threshold teacher standards and been certified by an assessor as meeting the excellent teacher standards and the advanced skills teacher standards; or
iv
to be an excellent teacher who has, on or after 1st September 2007, satisfied the person to whom the task has been delegated that he meets the core standards, the post-threshold teacher standards and the excellent teacher standards and been certified by an assessor as meeting the advanced skills teacher standards; and
to undertake one or more of the duties listed in paragraph 69.1 in accordance with paragraph 69.2;
;
b
after the definition of “advanced skills teacher post” insert —
“advanced skills teacher standards” means the professional standards which an advanced skills teacher is required to meet, as set out in Annex 1, where each advanced skills teacher standard is prefixed by the letter ‘A’;
;
c
after the definition of “classroom teacher” insert —
“core standards” means the professional standards which all post-threshold teachers, excellent teachers and advanced skills teachers are required to meet, as set out in Annex 1, where each core standard is prefixed by the letter ‘C’;
;
d
for paragraph (a) of the definition of “excellent teacher post” substitute —
a
in which the post-holder is required —
i
to be a post-threshold teacher who, prior to 1st September 2005, has been assessed as meeting the standards for advanced skills teachers applicable at the relevant time; or
ii
to be a post-threshold teacher who, on or after 1st September 2005 and prior to 1st September 2007, has been certified by an assessor as meeting the standards in Annex 2 of the 2005 Document or of the 2006 Document; or
iii
to be a post-threshold teacher who, on or after 1st September 2007, has satisfied the person to whom the task has been delegated that he meets the core standards and the post-threshold teacher standards and been certified by an assessor as meeting the excellent teacher standards or the advanced skills teacher standards; and
to undertake the duties listed in paragraph 71; and
;
e
after the definition of “excellent teacher post” insert —
“excellent teacher standards” means the professional standards which an excellent teacher is required to meet, as set out in Annex 1, where each excellent teacher standard is prefixed by the letter ‘E’;
;
f
after the definition of “Fast Track teacher” insert —
“Fast Track teacher standards” means the standards which a Fast Track teacher is required to meet, as set out in Annex 3;
;
g
the definition of “performance threshold standards” is deleted;
h
for sub-paragraph (a) of the definition of “post-threshold teacher” substitute —
a
i
prior to 1st September 2007, has been assessed as having met the performance threshold standards throughout the relevant period in accordance with an earlier Document; or
ii
on or after 1st September 2007, has satisfied the person to whom the task has been delegated that he meets the core standards and has been assessed by that person as having met the post-threshold teacher standards throughout the relevant period;
;
i
in sub-paragraph (d) of the definition of “post-threshold teacher”, after the words “Annex 2” insert “of an earlier Document or the advanced skills teacher standards”;
j
after the definition of “post-threshold teacher” insert —
“post-threshold teacher standards” means the professional standards which a post-threshold teacher is required to meet, as set out in Annex 1,where each post-threshold teacher standard is prefixed by the letter ‘P’;
;
k
after the definition of “relevant body” insert —
“relevant period” means the two year period immediately preceding the date of the application for assessment against the post-threshold teacher standards or, where the applicant has not been engaged in the provision of education to children of school age throughout that time, the most recent aggregate period of two years in the five years immediately preceding the date of the application;
.
3
In paragraph 4.1(c), for the words “performance threshold standards” substitute “post-threshold teacher standards”.
4
For the pay spine in paragraph 6.4 substitute —
Spine Point Annual Salary England & Wales excluding the London Area Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area
£ £ £ £ L1 34,938 41,541 37,710 35,901 L2 35,814 42,420 38,586 36,777 L3 36,708 43,317 39,477 37,671 L4 37,623 44,229 40,398 38,589 L5 38,559 45,171 41,334 39,528 L6 39,525 46,134 42,297 40,491 L7 40,590 47,202 43,365 41,559 L8 41,526 48,135 44,301 42,489 L9 42,564 49,170 45,336 43,530 L10 43,656 50,265 46,431 44,622 L11 44,790 51,393 47,559 45,753 L12 45,822 52,431 48,597 46,791 L13 46,968 53,577 49,743 47,937 L14 48,138 54,747 50,907 49,104 L15 49,338 55,941 52,107 50,298 L16 50,649 57,258 53,421 51,615 L17 51,813 58,422 54,585 52,785 L18 53,115 59,724 55,890 54,081 L19 54,432 61,041 57,207 55,398 L20 55,782 62,391 58,557 56,751 L21 57,162 63,771 59,937 58,134 L22 58,581 65,190 61,353 59,550 L23 60,033 66,636 62,805 60,996 L24 61,521 68,130 64,293 62,490 L25 63,051 69,657 65,823 64,014 L26 64,611 71,217 67,383 65,580 L27 66,210 72,816 68,982 67,176 L28 67,854 74,460 70,626 68,817 L29 69,534 76,143 72,306 70,503 L30 71,265 77,874 74,037 72,228 L31 73,026 79,635 75,801 73,995 L32 74,841 81,447 77,613 75,810 L33 76,701 83,307 79,476 77,670 L34 78,597 85,206 81,372 79,566 L35 80,550 87,159 83,322 81,519 L36 82,545 89,151 85,314 83,511 L37 84,597 91,209 87,372 85,563 L38 86,691 93,297 89,463 87,657 L39 88,803 95,409 91,575 89,766 L40 91,020 97,632 93,795 91,989 L41 93,294 99,906 96,069 94,260 L42 95,631 102,237 98,400 96,600 L43 98,022 104,628 100,794 98,991
5
For the groups and pay ranges in paragraph 8.3 substitute —
Group Range of Spine Points Annual Salary Range England & Wales excluding the London Area Annual Salary Range Inner London Area Annual Salary Range Outer London Area Annual Salary Range Fringe Area
£ £ £ £ 1
L6–
L18
39,525–
53,115
46,134–
59,724
42,297–
55,890
40,491–
54,081
2
L8–
L21
41,526–
57,162
48,135–
63,771
44,301–
59,937
42,489–
58,134
3
L11–
L24
44,790–
61,521
51,393–
68,130
47,559–
64,293
45,753–
62,490
4
L14–
L27
48,138–
66,210
54,747–
72,816
50,907–
68,982
49,104–
67,176
5
L18–
L31
53,115–
73,026
59,724–
79,635
55,890–
75,801
54,081–
73,995
6
L21–
L35
57,162–
80,550
63,771–
87,159
59,937–
83,322
58,134–
81,519
7
L24–
L39
61,521–
88,803
68,130–
95,409
64,293–
91,575
62,490–
89,766
8
L28–
L43
67,854–
98,022
74,460–
104,628
70,626–
100,794
68,817–
98,991
6
For the pay scale in paragraph 17.3 substitute —
Spine Point Annual Salary England & Wales excluding the London Area Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area
£ £ £ £ M1 20,133 24,168 23,118 21,102 M2 21,726 25,548 24,501 22,692 M3 23,472 27,327 26,247 24,438 M4 25,278 29,328 28,053 26,250 M5 27,270 31,584 30,432 28,239 M6 29,427 33,936 32,751 30,393
7
For the pay scale in paragraph 19.2 substitute —
Spine Point Annual Salary England & Wales excluding the London Area Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area
£ £ £ £ U1 31,878 37,809 34,650 32,847 U2 33,060 39,666 35,832 34,026 U3 34,281 41,004 37,164 35,250
8
For paragraph 21, including the heading, substitute —
Assessment against Post-threshold teacher standards
21.1 A qualified teacher (“the applicant”) may apply once in any school year to the relevant body for assessment against the post-threshold teacher standards when, or at any time after, he has been placed on point M6 of the main pay scale. 21.2 Where an applicant is employed to teach at more than one school he may not apply to the relevant body of more than one such school. 21.3.1 Except where the applicant is an unattached teacher, the relevant body shall delegate the receipt and assessment of the application to the head teacher. 21.3.2 Where the applicant is an unattached teacher, the relevant body shall delegate the receipt and assessment of the application to a person with management responsibility for the applicant. 21.4 The application shall contain a summary of the evidence the teacher wishes to rely on in order to demonstrate that he has met the post-threshold teacher standards throughout the relevant period. 21.4A Prior to carrying out the assessment against the post-threshold teacher standards, the person to whom the task of assessing the application has been delegated must be satisfied, by reference to the most recent review of the applicant’s performance, that the applicant meets the core standards. 21.4B Where the person to whom the task of assessing the application has been delegated is not satisfied that the applicant meets the core standards, he shall reject the application and inform the applicant, giving reasons. 21.5 Where the person to whom the task of assessing the application has been delegated is satisfied that the applicant meets the core standards, he shall go on to carry out the assessment against the post-threshold teacher standards. 21.6 Having carried out the assessment against the post-threshold teacher standards (which shall include consideration of the application, the evidence mentioned in the application and such other evidence as he thinks appropriate), the person to whom the task of assessing the application has been delegated shall determine whether the applicant has met those standards throughout the relevant period and inform the applicant of his decision and, where he determines that he has not met those standards he shall reject the application, giving reasons.
.
9
In paragraph 24.2 —
a
in sub-paragraph (a), for “£6,663” and “£11,275” substitute “£6,829” and “£11,557” respectively;
b
in sub paragraph (b), for “£2,306” and “£5,638” substitute “£2,364” and “£5,778” respectively.
10
For paragraphs 25 and 26 substitute —
25.1 This paragraph applies to a TLR award to a classroom teacher prior to 1st September 2007 to which he remains entitled on that date. 25.2 Subject to paragraph 24.2, the amount of the TLR shall be increased by the relevant body by 2.5% with effect from 1st September 2007. 26.1 This paragraph applies where the relevant body has conducted a review of their staffing structure and has determined that a TLR of a specified amount should attach to a particular post within the staff structure but the TLR is not yet in payment. 26.2 Subject to paragraph 24.2, the relevant body shall increase the specified amount of the TLR by 2.5% with effect from 1st September 2007.
.
11
In paragraph 28.1, for “£1,818” and “£3,597” substitute “£1,866” and “£3,687” respectively.
12
For the pay spine in paragraph 31.1 substitute —
Spine Point Annual Salary England & Wales excluding the London Area Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area
£ £ £ £ AST1 34,938 41,541 37,710 35,901 AST2 35,814 42,420 38,586 36,777 AST3 36,708 43,317 39,477 37,671 AST4 37,623 44,229 40,398 38,589 AST5 38,559 45,171 41,334 39,528 AST6 39,525 46,134 42,297 40,491 AST7 40,590 47,202 43,365 41,559 AST8 41,526 48,135 44,301 42,489 AST9 42,564 49,170 45,336 43,530 AST10 43,656 50,265 46,431 44,622 AST11 44,790 51,393 47,559 45,753 AST12 45,822 52,431 48,597 46,791 AST13 46,968 53,577 49,743 47,937 AST14 48,138 54,747 50,907 49,104 AST15 49,338 55,941 52,107 50,298 AST16 50,649 57,258 53,421 51,615 AST 17 51,813 58,422 54,585 52,785 AST 18 53,115 59,724 55,890 54,081
13
For paragraph 32, including the heading, substitute —
Assessment against the advanced skills teacher standards, the excellent teacher standards and the Fast Track teacher standards
Eligibility
32.1 A classroom teacher who is not a post-threshold teacher who has been selected for interview for an advanced skills teacher post is eligible to apply for assessment against the post-threshold teacher standards, the excellent teacher standards and the advanced skills teacher standards. 32.2 A post-threshold teacher who has been selected for interview for an advanced skills teacher post is eligible to apply for assessment against the excellent teacher standards and the advanced skills teacher standards. 32.3 An excellent teacher who has been selected for interview for an advanced skills teacher post is eligible to apply for assessment against the advanced skills teacher standards. 32.4 A post-threshold teacher who is placed at point U3 on the pay scale set out in paragraph 19.2 and who is employed by a relevant body that has an excellent teacher’s post that is vacant, is eligible to apply for assessment against the excellent teacher standards. 32.5 A classroom teacher who is not a post-threshold teacher is eligible to apply for assessment against the Fast Track teacher standards.
.
14
For paragraph 34, including the heading, substitute —
Advanced skills teacher and excellent teacher pre-assessment
34.1 Paragraphs 34.1A to 34.1E apply where an eligible teacher (“the applicant”) applies for assessment against the relevant standards set out in Annex 1. 34.1A Before he can be assessed against the relevant standards by an assessor, the applicant must meet the standards which apply to any person on the same pay scale or pay spine as the applicant or, where the applicant is an excellent teacher, any person on an excellent teacher’s salary. 34.1B Except where the applicant is an unattached teacher, the relevant body shall delegate the task of determining whether an applicant meets the standards referred to in paragraph 34.1A to the head teacher. 34.1C Where the applicant is an unattached teacher, the relevant body shall delegate the task of determining whether the applicant meets the standards referred to in paragraph 34.1A to a person with management responsibility for the applicant. 34.1D Where the person to whom the task of determining whether the applicant meets the standards referred to in paragraph 34.1A has been delegated is not satisfied that the applicant meets those standards, he shall reject the application and inform the applicant, giving reasons. 34.1E Where the person to whom the task of determining whether the applicant meets the standards referred to in paragraph 34.1A has been delegated is satisfied that the applicant meets those standards, he shall inform the applicant and pass the application, together with all the evidence, to the assessor.
Advanced skills teacher, excellent teacher and Fast Track teacher assessment
34.2 Paragraphs 34.2A and 34.2B apply where an eligible teacher (“the applicant”) applies for assessment against the relevant standards set out in Annex 1 or Annex 3, as the case may be. 34.2A The assessor shall assess the applicant against the relevant standards and determine whether he meets them. 34.2B The assessor shall inform the applicant of his decision, and where he determines that the applicant does not meet the relevant standards, give reasons. 34.2C In the case of an assessment against the relevant standards set out in Annex 1, where the assessor determines that the applicant meets the relevant standards, he shall also issue a certificate to that effect.
.
15
In paragraph 35.4 (a), for the words “standards set out in Annex 2” substitute “relevant standards set out in Annex 1”.
16
In paragraph 39.1(b), for the words “been certified as meeting the standards set out in Annex 2” substitute —
—
i
prior to 1st September 2005, been assessed as meeting the standards for advanced skills teachers applicable at the relevant time; or
ii
on or after 1st September 2005 and prior to 1st September 2007, been certified by an assessor as meeting the standards set out in Annex 2 of the 2005 Document or of the 2006 Document; or
iii
on or after 1st September 2007, satisfied the person to whom the task has been delegated that he meets the core standards and the post-threshold standards and been certified by an assessor as meeting the excellent teacher standards or the advanced skills teacher standards.
.
17
For the table in paragraph 39.2 substitute —
Annual Salary England and Wales (excluding the London Area) Annual Salary Inner London Area Annual Salary Outer London Annual Salary Fringe Area £ £ £ £
36,771 43,860 39,747 37,809
18
For the pay scale in paragraph 41.1 substitute —
Spine Point Annual Salary England & Wales excluding the London Area Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area
£ £ £ £ 1 14,751 18,552 17,523 15,720 2 15,417 19,215 18,186 16,383 3 16,056 19,857 18,831 17,028 4 16,722 20,523 19,497 17,694 5 17,397 21,201 20,169 18,366 6 18,045 21,846 20,820 19,011 7 18,711 22,509 21,483 19,674 8 20,256 24,054 23,031 21,225 9 22,011 25,809 24,786 22,977 10 23,331 27,129 26,106 24,297
19
In paragraph 63 —
a
for paragraphs 63.9.1 and 63.9.2 substitute —
63.9.1 satisfying himself whether a teacher at the school who applies for a post-threshold teacher assessment under paragraph 21 meets the core standards and, where he is so satisfied, assessing whether that teacher has met the post-threshold teacher standards throughout the relevant period; 63.9.2 where he is not satisfied that the teacher meets the core standards or, having gone on to assess the teacher against the post-threshold teacher standards, he determines that the teacher has not met the post-threshold teacher standards throughout the relevant period, explaining to the teacher the reasons for his decision and giving him advice about those aspects of his performance which must be improved in order to meet those standards;
;
b
for paragraphs 63.10.1 and 63.10.2 substitute —
63.10.1 satisfying himself, in connection with an application by a teacher at the school for assessment against the relevant standards set out in Annex 1, that the teacher meets the standards which apply to any person on the same pay scale or pay spine as the applicant or, where the applicant is an excellent teacher, any person on an excellent teacher’s salary and, where he is not so satisfied, explaining to the teacher the reasons for his decision and giving him advice about the aspects of his performance which must be improved in order to meet those standards; 63.10.2
providing, in connection with an application for an assessment by an assessor against the relevant standards set out in Annex 1 by a teacher at the school or a teacher who was previously employed at the school —
such documents, other information and assistance as may reasonably be requested by the teacher; and
such assistance as may reasonably be requested by the assessor;
.
20
For ANNEX 1, including the heading, substitute —
ANNEX 1 — Professional standards for post-threshold teachers, excellent teachers and advanced skills teachers
Interpretation
In the table below —
the letter “A” indicates an advanced skills teacher standard;
the letter “C” indicates a core standard;
the letter “E” indicates an excellent teacher standard;
the letter “P” indicates a post-threshold teacher standard;
“classroom” means any setting where teaching and learning take place;
“formative assessment” means the process by which a teacher and learner identify the learner’s needs and teaching and learning activities are adapted in order to meet those needs;
“learners” is used instead of the term `children and young people' when learning is the main focus of the standard and means all children and young people;
“lessons” or “sequences of lessons” means all teaching and learning activities, wherever they take place, whatever their nature and length, and however they might be organised;
“personalised learning” means learning which focuses on individual progress, for the purposes of enhancing achievement, participation and progress at school;
“subjects/curriculum areas” means all forms of organised learning across the curriculum;
“well-being”, in relation to children and young people, means their —
physical and mental health and emotional well-being;
protection from harm and neglect;
education, training and recreation;
contribution to society; and
social and economic well-being;
“workplace” means any educational establishment or other place where teaching and learning take place.
21
ANNEX 2 is deleted.
.
Jim Knight
Minister of State
Department for Education and Skills
12th June 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Provision of Information About Young Children) (England) (Amendment) Regulations 2007, and come into force on 10th January 2008.
2
These Regulations apply only in relation to England.
Amendment of the Education (Provision of Information About Young Children) (England) Regulations 2007
2
1
The Education (Provision of Information About Young Children) (England) Regulations 2007 are amended as follows.
2
After regulation 14, insert —
15
Persons having access to a database established and operated by the Secretary of State under section 12 of the Children Act 2004 are prescribed for the purposes of section 537A(4)(c) of the 1996 Act and section 99(4)(c) of the 2006 Act.
.
3
In Part 2 of the Schedule, after paragraph 11 insert —
11A
1
Where the person provides funded nursery education to the child in more than 38 weeks in the funding period, the number of hours of funded nursery education which the child receives from that person during the period starting with 1st January and ending with 31st March in the calendar year in which the information is requested.
2
In this paragraph “the funding period” means the period, being no longer than 12 months, of arrangements between the person providing funded nursery education and a local education authority in England under which the person provides such nursery education.
.
Beverley Hughes
Minister of State
Department for Children, Schools and Families
6th December 2007


text:
1
This Order may be cited as the A20 Trunk Road (Dover Eastern Docks Exit Road) Slip Road Order 2007 and shall come into force on 3rd Decemer 2007.
2
In this Order–
i
“the new trunk road” means the new slip road;
ii
“the plan” means the plan numbered HA10/ TD /027 marked “The A20 Trunk Road (Dover Eastern Docks Exit Road) Slip Road Order 2007”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
iii
“the slip road” means the new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order and which connect the main new road with other highways at the place stated in the Schedule.
3
The new slip road shall become trunk road from the date when this Order comes into force.
4
The centre line of the new trunk road is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that–
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
John Aspinall
A Divisional Director Highways Agency
7th November 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Gambling Act 2005 (Incidental Non-Commercial Lotteries) Regulations 2007 and shall come into force on 1st September 2007.
2
In these Regulations —
“ the Act ” means the Gambling Act 2005;
“incidental non-commercial lottery” has the same meaning as in Part 1 of Schedule 11 to the Act.
Limits for incidental non-commercial lotteries
2
1
This regulation prescribes for the purposes of paragraphs 3 and 4 of Schedule 11 to the Act the maximum sums that promoters of an incidental non-commercial lottery may deduct from the proceeds of the lottery.
2
In respect of the cost of the prizes awarded in the lottery the promoters may deduct no more than £500.
3
In respect of the costs incurred in organising the lottery the promoters may deduct no more than £100.
Gerry Sutcliffe
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
14th July 2007


text:
1
This Order may be cited as the Northern Ireland (St Andrews Agreement) Act 2006 (Commencement No.1) Order 2007.
2
Section 4 (remuneration of members of the Northern Ireland Assembly) of the Northern Ireland (St Andrews Agreement) Act 2006 shall come into force on 26th January 2007.
Peter Hain
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
17th January 2007


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Castle Morpeth (Electoral Changes) Order 2007.
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2007, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2007.
Interpretation
2
In this Order —
“borough” means the borough of Castle Morpeth;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
“map” means the map marked “Map referred to in the Borough of Castle Morpeth (Electoral Changes) Order 2007”, of which prints are available for inspection at the principal office of the Electoral Commission: and any reference to a numbered sheet is a reference to the sheet of the map which bears that number;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 ; and
“registration officer” means an officer appointed for the purpose of, and in accordance with, section 8 of the Representation of the People Act 1983.
Wards of the borough of Castle Morpeth
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into seventeen wards which shall be named as set out in column (1) of the Schedule.
3
Each ward shall comprise the area described in column (2) of the Schedule by reference to parishes and parish wards.
4
The number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Hepscott
4
1
The existing wards of the parish of Hepscott shall be abolished.
2
The parish shall be divided into two wards which shall be named Hepscott and Hepscott Stobhill Manor.
3
Each ward shall comprise the area designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for Hepscott ward shall be five and for Hepscott Stobhill Manor ward shall be two.
Wards of the parish of Morpeth
5
1
The existing wards of the parish of Morpeth shall be abolished.
2
The parish shall be divided into four wards which shall be named Morpeth Kirkhill, Morpeth North Central, Morpeth South and Morpeth Stobhill.
3
Each ward shall comprise the area designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for Morpeth North Central ward shall be five, for Morpeth South ward shall be four, and for each of Morpeth Kirkhill and Morpeth Stobhill wards shall be three.
Wards of the parish of Ponteland
6
1
The existing wards of the parish of Ponteland shall be abolished.
2
The parish shall be divided into four wards which shall be named Ponteland East, Ponteland North, Ponteland South and Ponteland West.
3
Each ward shall comprise the area designated on sheets 4 and 5 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each of Ponteland East, Ponteland North, Ponteland South and Ponteland West wards shall be three.
Number of parish councillors for the parish of Wallington Demesne
7
1
The existing wards of the parish of Wallington Demesne shall be abolished.
2
The number of councillors to be elected for the parish of Wallington Demesne shall be nine.
Map
8
Castle Morpeth Borough Council shall make a print of the map available for inspection at its offices by any member of the public at any reasonable time.
Electoral register
9
The registration officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Sealed with the seal of the Electoral Commission on the 25th day of January 2007
Sam Younger
Chairman of the Commission
25th January 2007
Peter Wardle
Chief Executive to the Commission
25th January 2007


text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Loans) (Repayment) (Amendment) Regulations 2007 and —
a
this regulation and regulations 2 and 3 come into force on 20th July 2007,
b
regulation 4 comes into force on 6th April 2008.
Amendment of the Education (Student Loans) (Repayment) Regulations 2000
2
The Education (Student Loans) (Repayment) Regulations 2000 are amended as follows.
3
In regulation 11 —
a
in paragraph (5)(e)(v) after “eligible employment”, insert “or”, and
b
after paragraph (5)(e)(v) insert —
vi
the borrower has undertaken to repay the loan in full after that date by fixed instalments or a lump sum.
4
In regulation 35 —
a
in paragraph (1) for the words following sub-paragraph (c) substitute the following —
shall, on making to that employee any payment of emoluments on the first available pay day after the date referred to in paragraph (2) and at any time after that pay day but before the date referred to in paragraph (3), deduct the appropriate repayment in accordance with these Regulations.
,
b
after paragraph (3) insert the following paragraph —
3A
The employer shall not make or shall cease to make deductions on the first available pay day after the date referred to in paragraph (3)
, and
c
omit paragraph (4).
Bill Rammell
Minister of State
Department for Education and Skills
8th June 2007


text:
Citation, commencement, application and interpretation
1
These Regulations may be cited as the Education (Student Support) (European Institutions) (Amendment) Regulations 2007.
2
1
Except for regulation 10 these Regulations come into force on 1st January 2008 .
2
Regulation 10 comes into force on 1st September 2008.
3
In these Regulations, “the Principal Regulations ” means the Education (Student Support) (European Institutions) ( No. 2) Regulations 2006 .
Amendment of the Principal Regulations
4
The Principal Regulations are amended in accordance with these Regulations.
5
1
Regulation 3 is amended as follows.
2
In the definition of “relevant date” for “2007”, substitute “2008”.
6
1
Regulation 8 is amended as follows.
2
In paragraph (3) after “the application deadline”, insert “, in relation to an academic year beginning on or after 1st September 2008,”.
3
In paragraphs (3)(a), (b) and (c) for “2007”, wherever it occurs, substitute “2008”.
7
1
Regulation 9 is amended as follows.
2
In paragraph (8)(c) for “26”, substitute “20”;
3
For paragraph (17), substitute —
17
The deadline for receipt of financial information, in relation to an academic year beginning on or after 1st September 2008, is 31st January 2008 or, in the case of grants payable under regulations 19(7) and 21(6), 28th February 2009.
8
1
Regulation 17 is amended as follows.
2
In paragraph (3) for “24,100 euro”, substitute “25,580 euro”.
9
1
Regulation 21 is amended as follows.
2
In paragraph (3) for “13,000 euro”, substitute “13,240 euro in relation to an academic year beginning before 1st September 2008 and of 17,640 euro in relation to an academic year beginning on or after 1st September 2008”.
10
The Schedule to these Regulations has effect to substitute the figures in the third column of the table for the figures in the second column where they appear in the provisions of the Principal Regulations set out in the first column.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
26th November 2007