text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 and shall come into force on 27th June 2008.
2
In these Regulations “the 2004 Regulations ” means the Town and Country Planning (Local Development) (England) Regulations 2004 .
Amendment of the 2004 Regulations
2
1
The 2004 Regulations are amended as follows.
2
In regulation 2(1) (interpretation) —
a
after the definition of “adopted proposals map” insert the following definition —
“area action plan” means a document of the description referred to in regulation 6(4);
;
b
after the definition of “person appointed” insert the following definition —
“police authority” means —
any police authority established under section 3 of the Police Act 1996 ;
the Metropolitan Police Authority ;
;
c
in the definition of “relevant authority” after paragraph (c) insert the following paragraph —
d
a police authority;
; and
d
in the definition of “specific consultation bodies” —
i
for “the Countryside Agency” substitute “the Coal Authority” ,
ii
for “English Nature” substitute “Natural England” ,
iii
for “the Strategic Rail Authority” substitute “the Secretary of State for Transport” ,
iv
omit paragraph (a)(vi), and
v
for “a Strategic Health Authority” substitute “a Primary Care Trust” .
3
In regulation 5(1)(a) (survey of area: county councils) for “authority” substitute “area”.
4
In regulation 6(1)(b) (documents to be specified in local development schemes as local development documents) for “is to be amended” to the end substitute “would be amended if the DPD submitted to the Secretary of State under section 20(1) were adopted”.
5
In regulation 8(c) (additional matters to be specified in local development schemes and revisions of such schemes) after “with” insert “section 20(1)” and omit sub-paragraphs (i) and (ii).
6
In regulation 9(a) (other requirements for the preparation of local development schemes) after “adopted” insert “or approved”.
7
For regulation 10 (submission of local development schemes to the Secretary of State) and regulation 11 (bringing local development schemes and revisions of such schemes into effect) substitute the following regulations —
Submission of local development schemes to the Secretary of State and the Mayor of London
10
1
The time prescribed for the purposes of section 15(3)(b) and (d) is not later than 14 days after the local development scheme, or the revision of such a scheme, has been prepared.
2
Where the local planning authority are a London borough council, they must —
a
at the time they submit a local development scheme or any revision of such a scheme to the Secretary of State under section 15(3)(b), submit that scheme or revision to the Mayor of London; and
b
at the time they submit a local development scheme or any revision of such a scheme to the Mayor of London under section 15(3)(d), submit that scheme or revision to the Secretary of State.
3
A local development scheme, or any revision to such a scheme, shall be submitted to the Secretary of State, or to the Mayor of London, by —
a
sending it to him electronically; and
b
sending to him two copies of it in paper form.
Bringing local development schemes and revision of such schemes into effect
11
1
For the purposes of bringing a local development scheme or any revision of such a scheme into effect —
a
the requirements of one of paragraphs (2) to (5) shall be met; and
b
the local planning authority —
i
shall resolve that the scheme or revision shall have effect, and
ii
shall specify in that resolution the date from which the scheme or revision shall have effect.
2
The requirements of this paragraph are that, before the end of the relevant period —
a
the local planning authority have received notice from the Secretary of State that he does not intend to give them a direction under section 15(4); and
b
if the local planning authority are a London borough council, they have also received notice from the Mayor of London that he does not intend to give them a direction under section 15(4).
3
The requirements of this paragraph are that the relevant period has ended and the local planning authority have not received —
a
a direction under section 15(4) from either the Secretary of State or the Mayor of London;
b
notice from the Secretary of State that he requires more time to consider the scheme or revision; or
c
if they are a London borough council, notice from the Mayor of London that he requires more time to consider the scheme or revision.
4
The requirements of this paragraph are that the local planning authority have received a direction under section 15(4) and —
a
if the direction was given by the Secretary of State —
i
the local planning authority have complied with it (as varied by any further direction), or
ii
they have received a direction from the Secretary of State revoking it; or
b
if the direction was given by the Mayor of London, at least three weeks have elapsed starting on the day the Mayor of London gave the direction and the local planning authority have —
i
complied with it (as varied by any further direction),
ii
received a direction under section 15(6B)(a) to disregard it, or
iii
received a direction from the Mayor of London revoking it.
5
The requirements of this paragraph are that —
a
the local planning authority have received —
i
notice from the Secretary of State that he requires more time to consider the scheme or revision, or
ii
notice from the Mayor of London that he requires more time to consider the scheme or revision; and
b
if the local planning authority received notice of the type referred to in sub-paragraph(a)(i), they subsequently receive notice from the Secretary of State that he does not intend to give them a direction under section 15(4);
c
if the local planning authority received notice of the type referred to in sub-paragraph(a)(ii), they subsequently receive notice from the Mayor of London that he does not intend to give them a direction under section 15(4);
d
if neither sub-paragraph (b) or (c) applies, the requirements of paragraph (4) are satisfied.
6
In this regulation “relevant period” means the period of four weeks starting on the day on which the authority submit the scheme or revision to the Secretary of State under section 15(3)(b).
Directions
11A
1
A copy of a direction given by the Mayor of London under section 15(4) or (8) shall be sent to the Secretary of State by —
a
sending it to him electronically; and
b
sending to him two copies of it in paper form.
2
The time prescribed for the purposes of section 15(6B), (8B)(b) and (8C) is three weeks starting on the day the Mayor of London gives the direction in question.
.
8
In regulation 14 (form and content of local development documents: specific) —
a
for sub-paragraphs (a) and (b) of paragraph (2) substitute the following sub-paragraphs —
a
comply with the requirements in paragraph (1)(a) to (c);
b
be drawn to a larger scale than the map of the local planning authority’s area referred to in paragraph (1); and
; and
b
in paragraph (3)(a) for “referred to in paragraph (2)” substitute “of the local planning authority’s area referred to in paragraph (1)”.
9
In regulation 16(2) (application and interpretation of Part 5) for the definition of “adoption statement” substitute the following definition —
“adoption statement” means a statement specifying —
the date on which an SPD was adopted,
that any person with sufficient interest in the decision to adopt the SPD may apply to the High Court for permission to apply for judicial review of that decision, and
that any such application must be made promptly and in any event not later than 3 months after the date on which the SPD was adopted;
.
10
For regulation 24 (application and interpretation of Part 6) to regulation 33 (representations on a site allocation representation) substitute the following regulations —
Application and interpretation of Part 6
24
1
Regulations 27, 28, and 30 to 39 apply to a local planning authority’s statement of community involvement as they apply to a DPD; and accordingly, unless otherwise indicated, any reference in any of those regulations to a DPD includes a reference to a statement of community involvement.
2
In this Part —
“adoption statement” means —
in relation to a DPD, a statement specifying —
the date on which the DPD was adopted,
that any person aggrieved by the DPD may make an application to the High Court under section 113, and
the grounds on which, and the time within which, such an application may be made; and
in relation to a statement of community involvement, a statement specifying —
the date on which the statement of community involvement was adopted,
that any person with sufficient interest in the decision to adopt the statement of community involvement may apply to the High Court for permission to apply for judicial review of that decision, and
that any such application must be made promptly and in any event not later than 3 months after the date on which the statement was adopted;
“decision statement” means —
a statement that the Secretary of State has decided to approve, approve subject to modifications, or reject the DPD or part of it (as the case may be),
where the Secretary of State decides to approve or approve subject to modifications the DPD or part of it, a statement —
of the date on which it was approved,
that an application to the High Court may be made under section 113 by any person aggrieved by the DPD, and
of the grounds on which, and the time within which, such an application may be made;
“proposed submission documents” means —
in relation to a DPD, the following documents —
the DPD which the local planning authority propose to submit to the Secretary of State,
if the adoption of the DPD would result in changes to the adopted proposals map, a map showing those changes,
the sustainability appraisal report of the DPD,
a statement setting out —
which bodies and persons were invited to make representations under regulation 25,
how those bodies and persons were invited to make such representations,
a summary of the main issues raised by those representations, and
how those main issues have been addressed in the DPD, and
such supporting documents as in the opinion of the local planning authority are relevant to the preparation of the DPD; and
in relation to a statement of community involvement, the following documents —
the statement of community involvement which the local planning authority propose to submit to the Secretary of State,
a statement setting out —
which bodies and persons were invited to make representations under regulation 26,
how those bodies and persons were invited to make such representations,
a summary of the main issues raised by those representations, and
how those main issues have been addressed in the statement of community involvement, and
such supporting documents as in the opinion of the local planning authority are relevant to the preparation of the statement of community involvement;
“statement of the representations procedure” means a statement specifying —
the title of the DPD or statement of community involvement (as the case may be) which the local planning authority propose to submit to the Secretary of State;
the subject-matter of, and the area covered by, that document;
the period within which representations about that document must be made in accordance with regulation 28(2);
the address to which, and the name of the person (if any) to whom, representations about that document must be made in accordance with regulation 28(2);
that representations may be made in writing or by way of electronic communications; and
that representations may be accompanied by a request to be notified at a specified address of any of the following —
that the DPD or the statement of community involvement (as the case may be) has been submitted for independent examination under section 20,
the publication of the recommendations of any person appointed to carry out an independent examination of the DPD or statement of community involvement (as the case may be), and
the adoption of the DPD or the statement of community involvement (as the case may be).
Public participation in the preparation of a development plan document
25
1
A local planning authority must —
a
notify each of the bodies specified in paragraph (2) of the subject of a DPD which they propose to prepare; and
b
invite each of those bodies to make representations to them about what a DPD with that subject ought to contain.
2
The bodies referred to in paragraph (1) are —
a
such of the specific consultation bodies as the local planning authority consider may have an interest in the subject of the proposed DPD; and
b
such of the general consultation bodies as the local planning authority consider appropriate.
3
If a local planning authority propose to prepare a DPD, they must also consider whether it is appropriate to invite representations from persons who are resident or carrying on business in their area.
4
If a local planning authority decide that it is appropriate to invite representations under paragraph (3) they must make arrangements for the purposes of inviting representation from such persons of the descriptions in paragraph (3) as they think appropriate.
5
In preparing the DPD, the local planning authority must take into account any representations made to them in response to invitations under paragraph (1) or (4).
Public participation in the preparation of a statement of community involvement
26
1
Before preparing a statement of community involvement, a local planning authority must —
a
notify each of the bodies and persons specified in paragraph (2) of their intention to do so; and
b
invite each of those bodies and persons to make representations about what the contents of the statement might be.
2
The bodies and persons referred to in paragraph (1) are —
a
the Secretary of State for Transport;
b
each relevant authority any part of whose area is in or adjoins the area of the local planning authority;
c
such of the general consultation bodies as the local planning authority consider appropriate;
d
if the local planning authority’s area is in a region other than Greater London, the regional planning body for that region; and
e
if the local planning authority’s area is in Greater London, the Mayor of London.
3
Before preparing a statement of community involvement, a local planning authority must also consider whether it is appropriate to invite representations from persons who are resident or carrying on business in their area.
4
If a local planning authority decide that it is appropriate to invite representations under paragraph (3), they must make such arrangements for the purposes of inviting representations from such persons of the descriptions in paragraph (3) as they think appropriate.
5
In preparing the statement of community involvement, the local planning authority must take into account any representations made to them in response to invitations under paragraph (1) or (4).
Publication of a development plan document
27
Before submitting a DPD to the Secretary of State under section 20, the local planning authority must —
a
make a copy of each of the proposed submission documents and a statement of the representations procedure available for inspection during normal office hours —
i
at their principal office, and
ii
at such other places within their area as they consider appropriate;
b
publish on their website —
i
the proposed submission documents,
ii
a statement of the representations procedure, and
iii
a statement of the fact that the proposed submission documents are available for inspection and of the places and times at which they can be inspected;
c
send to each of the specific consultation bodies invited to make representations under regulation 25(1) or 26(1) for the purposes of the DPD —
i
a copy of each of the proposed submission documents, and
ii
a statement of the representations procedure;
d
send to each of the general consultation bodies invited to make representations under regulation 25(1) or regulation 26(1) for the purposes of the DPD —
i
a statement of the representations procedure, and
ii
a statement of the fact that the proposed submission documents are available for inspection and of the places and times at which they can be inspected; and
e
give by local advertisement notice which sets out —
i
a statement of the representations procedure, and
ii
a statement of the fact that the proposed submission documents are available for inspection and of the places and times at which they can be inspected.
Representations relating to a development plan document
28
1
Any person may make representations about a DPD which a local planning authority propose to submit to the Secretary of State.
2
Any such representations must be —
a
made within the period which the local planning authority specify for the purposes of this paragraph; and
b
sent to the address, and if the local planning authority think it appropriate to specify a person, the person, which the local planning authority specify for the purposes of this paragraph.
3
The period which the local planning authority specify for the purposes of paragraph (2) must be a period of not less than six weeks starting on the day on which notice given pursuant to regulation 27(e) is first published.
4
Nothing in this regulation applies to representations taken to have been made as mentioned in section 24(6) or (7) (non-conformity opinions of RPBs and the Mayor of London).
Conformity with regional strategy
29
1
A local planning authority must make a request under section 24(2)(a) or (4)(a) on the same day that they comply with regulation 27(a).
2
The period prescribed for the purposes of section 24(3) is 6 weeks starting on the day the request is made under section 24(2)(a).
3
If a request is made under section 24(4)(a), the Mayor must send his opinion as to the general conformity of the DPD with the spatial development strategy to the Secretary of State and the local planning authority within the period of 6 weeks starting on the day the request is made.
Submission of documents and information to the Secretary of State
30
1
The documents prescribed for the purposes of section 20(3) are —
a
except in the case of a statement of community involvement, the sustainability appraisal report for the DPD;
b
except in the case of a statement of community involvement, a submission proposals map if the adoption of the DPD would result in changes to the adopted proposals map;
c
if the local planning authority have an adopted statement of community involvement, that statement;
d
a statement setting out —
i
which bodies and persons the local planning authority invited to make representations under regulation 25 or regulation 26,
ii
how those bodies and persons were invited to make representations under either of those regulations,
iii
a summary of the main issues raised by the representations made pursuant to either of those regulations, and
iv
how any representations made pursuant to either of those regulations have been taken into account;
e
a statement setting out —
i
if representations were made in accordance with regulation 28(2), the number of representations made and a summary of the main issues raised in those representations, or
ii
that no such representations were made;
f
copies of any representations made in accordance with regulation 28(2); and
g
such supporting documents as in the opinion of the authority are relevant to the preparation of the DPD.
2
Of the documents and statements mentioned or referred to in paragraph (1) —
a
a copy of each must be sent in paper form,
b
a copy of those mentioned or referred to in paragraph (1)(a) to (e) and, if practicable, of those referred to in paragraph (1)(f) and (g), must be sent electronically.
3
As soon as reasonably practicable after a local planning authority submit a DPD to the Secretary of State they must —
a
make available during normal office hours at the places at which the proposed submission documents were made available under regulation 27(a), a copy of the DPD and of each of the documents referred to in paragraph (1)(a) to (g).
b
publish on their website —
i
the DPD and the documents referred to in paragraph (1)(a), (b), (d), and (e),
ii
any of the documents referred to in paragraph (1)(f) and (g) which it is practicable to so publish, and
iii
a statement of the fact that a copy of the DPD and of each of the documents referred to in paragraph (1)(a) to (g) are available for inspection and of the places and times at which they can be inspected;
c
send to each of the specific consultation bodies invited to make representations under regulation 25(1) or 26(1) (as the case may be) —
i
a copy of the DPD and each of the documents referred to in paragraph (1)(a) to (e),
ii
a copy of such of the documents referred to in paragraph (1)(g) as they consider are relevant to that body, and
iii
a statement of the fact that a copy of the DPD and each of the documents referred to in paragraph (1)(a) to (g) are available for inspection and of the places and times at which they can be inspected;
d
send to each of the general consultation bodies invited to make representations under regulation 25(1) or 26(1), notification that copies of the documents referred to in paragraph (1)(a) to (g) are available for inspection and of the places and times at which they can be inspected;
e
give notice by local advertisement of —
i
the title of the DPD,
ii
the subject matter of, and the area covered by, the DPD,
iii
the fact that a copy of the DPD and of each of the documents referred to in paragraph (1)(a) to (g) are available for inspection and of the places and times at which they can be inspected; and
f
give notice to those persons who requested to be notified of the submission of the DPD to the Secretary of State that it has been so submitted.
Consideration of representations by appointed person
31
Before the person appointed to carry out the examination complies with section 20(7) he must consider any representations made in accordance with regulation 28(2).
.
11
In regulation 34(2)(b) (independent examination) for “regulation 29(1) or 33(1)” substitute “regulation 28(2)”.
12
In regulation 35(2)(a) (publication of the recommendations of the person appointed) —
a
for “pre-submission proposals” substitute “proposed submission”; and
b
for “regulation 26(a)” substitute “regulation 27(a)”.
13
In regulation 36(a) (adoption of a development plan document) —
a
for “pre-submission proposals” substitute “proposed submission”; and
b
for “regulation 26(a)” substitute “regulation 27(a)”.
14
For regulation 37 (withdrawal of a development plan document) substitute the following regulation —
Withdrawal of a development plan document
37
1
Where a local planning authority withdraw a DPD under section 22(1) before it is submitted to the Secretary of State under section 20(1), they must as soon as reasonably practicable after it is withdrawn —
a
publish a statement of that fact on their website;
b
give notice of that fact by local advertisement;
c
notify any body to which a copy of the proposed submission documents were provided under regulation 27(c); and
d
remove from their website and from the places at which they were made available, any copies, documents, matters and statements made available or published under regulation 27(a) or (b).
2
Where a local planning authority withdraw a DPD under section 22(1) after it has been submitted to the Secretary of State under section 20(1), they must as soon as reasonably practicable after it is withdrawn —
a
do each of the things specified in paragraphs (a) to (d) of paragraph (1); and
b
remove from their website and from the places at which they were made available, any copies, documents, representations, matters and statements made available or published under regulation 30(3)(a), (3)(b) or 34(2)(a).
.
15
In regulation 38(2)(a) (direction not to adopt a development plan document) —
a
for “pre-submission proposals” substitute “proposed submission”; and
b
for “regulation 26(a)” substitute “regulation 27(a)”.
16
In regulation 39 (direction to modify a development plan document), for paragraph (a) substitute the following paragraph —
a
make the direction available for inspection during normal office hours —
i
at their principal office, and
ii
at such other places within their area as they consider appropriate;
.
17
For regulation 40 (section 21(4) directions (call-in): supplementary) substitute the following regulation —
Section 21(4) directions (call-in): supplementary
40
1
Where the Secretary of State gives a direction under section 21(4), this regulation, regulation 29(2) and (3) and regulations 41 to 44A apply, and regulations 31 and 34 apply as if for “regulation 28(2)” there were substituted “regulation 28(2) or regulation 40(4)”.
2
If the direction is given before the local planning authority submit to the Secretary of State the DPD to which the direction relates, the local planning authority must —
a
if they have not complied with regulation 27, publish the direction and make it available for inspection —
i
when they comply with paragraph (3)(a) of this regulation, and
ii
in accordance with paragraphs (a) and (b) of regulation 27;
b
if the direction is given after the authority have complied with regulation 27 —
i
make the direction available for inspection during normal office hours at the places at which the proposed submission documents were made available under regulation 27(a), and
ii
publish the direction on their website;
c
unless they have already complied with section 19(5) in relation to the DPD, do so;
d
unless they have made a request under section 24(2)(a) or (4)(a) in relation to the DPD —
i
if their area is in a region other than Greater London, make a request under section 24(2)(a) in relation to the DPD,
ii
if they are a London borough council, make a request under section 24(4)(a) in relation to the DPD; and
e
subject to paragraph (5), take the steps mentioned in paragraph (3) as if they were preparing the DPD.
3
The local planning authority must —
a
comply with paragraphs (a) to (e) of regulation 27, for this purpose treating the following provisions of regulation 24(2) as modified as mentioned in sub-paragraphs (i) to (v) below —
i
in the first definition of “proposed submission documents” and in the definition of “statement of the representations procedure”, omit “which the local planning authority propose to submit to the Secretary of State”,
ii
in paragraph (a)(ii) of the first definition of “proposed submission documents”, for “if the adoption of the DPD” substitute “if the adoption or approval of any part of the DPD”,
iii
in paragraph (c) of the definition of “statement of the representations procedure”, for “regulation 28(2)” substitute “regulation 40(4)”,
iv
in paragraph (d) of that definition, for “regulation 28(2)” substitute “regulation 40(4)”,
v
in paragraph (f) of that definition, omit sub-paragraph (i), and in sub-paragraph (iii), for “the adoption of the DPD or the statement of community involvement (as the case may be)” substitute “the Secretary of State’s decision under section 21(9)(a) in relation to the DPD”; and
b
as soon as reasonably practicable after the period specified for the purposes of paragraph (4) has expired —
i
send to the Secretary of State the documents mentioned in regulation 30(1)(a) and (c) to (g), for this purpose treating references to regulation 28(2) as including references to paragraph (4) of this regulation,
ii
if the adoption or approval of any part of the DPD would result in changes to the adopted proposals map, send to the Secretary of State a map showing those changes, and
iii
comply with regulation 30(3)(a) to (e), for this purpose treating references to paragraph (1)(b) of regulation 30 as references to paragraph (3)(b)(ii) of this regulation and references to sub-paragraph (e) or (f) of regulation 30(1) as references to those sub-paragraphs as modified by paragraph (3)(b)(i) of this regulation.
4
Any person may make representations about a DPD made available under regulation 27 or that regulation as modified by paragraph (3)(a) but any such representations must —
a
be made within the period which the local planning authority specify for the purposes of regulation 28(2) or this paragraph (as the case may be); and
b
be sent to the address and, if the local planning authority think it appropriate to specify a person, the person, which the local planning authority specify for the purposes of regulation 28(2) or this paragraph (as the case may be).
5
Nothing in paragraph (2)(e) requires a local planning authority to take any step mentioned in paragraph (3) if an equivalent step has been taken under regulation 27, 28 or 30 before receipt of the direction.
6
Of the documents and statements which a local planning authority are required to send to the Secretary of State under paragraph (3)(b) —
a
a copy of each must be sent in paper form;
b
a copy of those mentioned in regulation 30(1)(a), (c) and (d), regulation 30(1)(e) (as modified by paragraph (3)(b) of this regulation), and paragraph (3)(b)(ii) of this regulation must be sent electronically; and
c
if practicable, a copy of the others must be sent electronically.
.
18
In regulation 41 (changes proposed by Secretary of State to a development plan document on call-in) —
a
in paragraph (1) after “section 20” insert “or 21(5)(b)”; and
b
in paragraph (2)(a) —
i
for “pre-submission proposals” substitute “proposed submission”, and
ii
for “regulation 26(a)” substitute “regulation 27(a)”.
19
In regulation 43 (publication of recommendations of person appointed after call-in) — —
a
in paragraph (a) —
i
for “pre-submission proposals” substitute “proposed submission”, and
ii
for “regulation 26(a), and” substitute “regulation 27(a)”;
b
in paragraph (b) for “website.” substitute “website; and”; and
c
after paragraph (b) add the following paragraph —
c
give notice to those persons who requested to be notified of the publication of the recommendations of the person appointed that they have been so published.
.
20
In regulation 44(a) (publicity following a decision by the Secretary of State under section 21(9)(a)) —
a
for “pre-submission proposals” substitute “proposed submission”; and
b
for “regulation 26(a)” substitute “regulation 27(a)”.
21
After regulation 44 insert the following regulation —
Removal of documents after rejection of a development plan document
44A
1
This regulation applies where —
a
the Secretary of State rejects a DPD under section 21(9)(a); or
b
the Secretary of State rejects part of a DPD under section 21(9)(a) and the local planning authority decide not to proceed with the remainder.
2
The local planning authority must, as soon as reasonably practicable after the end of the period specified in paragraph (3), remove from their website and from the places at which they were made available any copies, documents, matters and statements made available or published under regulation 27(a) or (b), 30(3)(a), (3)(b) or 34(2)(a).
3
The period mentioned in paragraph (2) is —
a
in the circumstances mentioned in paragraph (1)(a), three months after the date of the Secretary of State’s rejection of the DPD; or
b
in the circumstances mentioned in paragraph (1)(b), three months after the date of the local planning authority’s decision.
.
22
For regulation 45 (Secretary of State’s default power) substitute the following regulations —
Secretary of State’s default power
45
1
Where the Secretary of State prepares a DPD under section 27 he must —
a
comply with section 19(2) as if —
i
the duty imposed on the local planning authority were imposed on the Secretary of State,
ii
references in paragraphs (b) to (h) to the local planning authority (in whatever terms) were references to the local planning authority in question, and
iii
paragraph (j) referred to the matters specified in regulation 15(1), treating references to the local planning authority as references to the local planning authority in question;
b
comply, to the extent (if any) that he thinks appropriate, with section 19(3) as if the reference to the authority were a reference to the Secretary of State and the reference to their statement of community of involvement were a reference to the statement of community involvement of the local planning authority in question;
c
comply with section 19(5) as if the reference to the local planning authority were a reference to the Secretary of State and as if the reference to each document were to the DPD;
d
take the steps mentioned in paragraph (2);
e
if the area of the local planning authority in question is in Greater London, request the Mayor of London for his opinion as to the general conformity of the DPD with the spatial development strategy; and
f
if the area of the local planning authority in question is in a region other than Greater London, request the RPB (if any) for that region for its opinion as to the general conformity of the DPD with the RSS for the region.
2
The Secretary of State must —
a
comply with regulation 25 as if —
i
references to a local planning authority (in whatever terms) were references to the Secretary of State,
ii
in paragraph (3), for “their area” there were substituted “the area of the local planning authority in question”,
iii
in the definitions of “general consultation bodies” and “specific consultation bodies” in regulation 2(1) the references to a local planning authority’s area (in whatever terms) were references to the area of the local planning authority in question, and
iv
in regulation 2(1), there were inserted the following definition —
“the area of the local planning authority in question”, as regards a local planning authority in relation to which the Secretary of State is taking action under section 27, means that authority’s area;
”;
b
comply with regulation 27 as if —
i
the reference to submitting a DPD to the Secretary of State under section 20 were a reference to holding an independent examination of the DPD under section 27(2) and the reference to the local planning authority were a reference to the Secretary of State,
ii
the obligation in paragraph (a) were to make available for inspection the things in question, during normal office hours, at such places as the Secretary of State considers appropriate,
iii
in the definition of “by local advertisement” in regulation 2(1), the reference to the local planning authority were a reference to the local planning authority in question,
iv
in the first definition of “proposed submission documents”, and in the definition of “statement of the representations procedure”, in regulation 24(2), for “which the local planning authority propose to submit to the Secretary of State” there were substituted “in respect of which the Secretary of State proposes to hold an independent examination”,
v
in paragraph (a)(ii) of the first definition of “proposed submission documents” in regulation 24(2), for “adoption” there were substituted “approval”,
vi
the report mentioned in paragraph (a)(iii) of that definition were the report prepared by the Secretary of State under paragraph (1)(c) of this regulation,
vii
the reference to the local planning authority in paragraph (a)(v) of that definition were a reference to the Secretary of State,
viii
in paragraph (c) of the definition of “statement of the representations procedure” in regulation 24(2), the reference to regulation 28(2) were a reference to paragraph (3) of this regulation,
ix
in paragraph (d) of that definition, the reference to regulation 28(2) were a reference to paragraph (3) of this regulation, and
x
in paragraph (f) of that definition, sub-paragraph (i) were omitted and the reference to the adoption of the DPD were a reference to the Secretary of State’s decision under section 27(4)(b) whether or not to approve the DPD;
c
before he holds an independent examination of the DPD under section 27(2), comply with regulation 30(3)(a) to (e) as if —
i
the document mentioned in regulation 30(1)(a) were the report prepared by the Secretary of State under paragraph (1)(c) of this regulation,
ii
for regulation 30(1)(b) there were substituted “(b) if the approval of the DPD would result in changes to the adopted proposals map, a map showing those changes;”,
iii
in regulation 30(1)(c), the reference to the local planning authority were a reference to the local planning authority in question,
iv
in regulation 30(1)(d), the reference to the local planning authority were a reference to the Secretary of State,
v
in regulation 30(1)(e) and (f), the reference to section 28(2) were a reference to paragraph (3) of this regulation,
vi
in regulation 30(1)(g), the reference to the authority were a reference to the Secretary of State, and
vii
in the definition of “by local advertisement” in regulation 2(1), the reference to the local planning authority were a reference to the local planning authority in question; and
d
if a person requests the opportunity to appear and be heard by the person carrying out the independent examination under section 27(2), comply with regulation 34(2) as if —
i
the reference to the local planning authority were a reference to the Secretary of State,
ii
the reference to regulation 28(2) were a reference to paragraph (3) of this regulation, and
iii
in the definition of “by local advertisement” in regulation 2(1), the reference to the local planning authority were a reference to the local planning authority in question.
3
Any person may make representations about a DPD made available under regulation 27 as modified by paragraph (2)(b) but any such representations must —
a
be made within the period which the Secretary of State specifies for the purposes of this paragraph; and
b
be sent to the address and, if the Secretary of State thinks it appropriate to specify a person, the person, which he specifies for the purposes of this paragraph.
4
Where the Secretary of State holds an independent examination under section 27(2) regulation 31 shall apply as if the reference to regulation 28(2) were a reference to paragraph (3) of this regulation.
5
Regulations 41, 42 and 44 shall apply where the Secretary of State holds an independent examination under section 27(2) as if —
a
references to the local planning authority were references to the Secretary of State;
b
in the definition of “by local advertisement” in regulation 2(1), the reference to the local planning authority were a reference to the local planning authority in question;
c
the reference in regulation 41(1) to section 20 or 21(5)(b) were a reference to section 27(2);
d
the reference in regulation 41(3)(c) to the Secretary of State’s decision under section 21(9)(a) were a reference to the Secretary of State’s decision under section 27(4)(b) whether or not to approve the DPD;
e
the reference in regulation 42(2) to complying with section 21(9)(a) were a reference to deciding whether to approve the DPD under section 27(4)(b); and
f
the duties imposed by regulation 44 applied as soon as reasonably practicable after the Secretary of State decides whether or not to approve the DPD under section 27(4)(b), the reference in that regulation to section 21(9)(b) were a reference to section 27(5) and the reference to the Secretary of State’s decision under section 21(9)(a) were a reference to the Secretary of State’s decision under section 27(4)(b) whether or not to approve the DPD.
6
This regulation applies to the revision of a DPD by the Secretary of State as it applies to the preparation of a DPD by the Secretary of State.
7
In this regulation “the local planning authority in question” means the local planning authority in relation to which the Secretary of State is taking action under section 27.
Provision supplementary to regulation 45
45A
1
The Secretary of State must make a request under regulation 45(1)(e) or (f) before he holds an independent examination under section 27(2) in relation to the DPD or the revision.
2
Where the Secretary of State makes such a request, the RPB or the Mayor of London (as the case may be) must send its opinion to the Secretary of State within the period of six weeks starting on the day the request is made.
3
The period which the Secretary of State specifies for the purpose of regulation 45(3) must be a period of not less than six weeks starting on the day on which notice given pursuant to paragraph (e) of regulation 27 is first published.
4
The Secretary of State must comply with section 27(3) —
a
at the same time as he complies with regulation 41; or
b
if he does not propose to depart from the recommendations of the person appointed to carry out an examination of the DPD, as soon as reasonably practicable after he decides whether or not to approve the DPD or revision under section 27(4)(b).
5
When the Secretary of State complies with regulation 27(3) he must —
a
make the recommendation and the reasons of the person appointed to carry out the examination available for inspection during normal office hours at such places as he thinks appropriate;
b
publish the recommendations and reasons on his website; and
c
give notice to those persons who requested to be notified of the publication of the recommendations of the person appointed that they have been so published.
.
Transitional provision
3
1
The amendments made by regulation 2(2) shall not apply in relation to a supplementary planning document adopted before 1st September 2008.
2
The amendments made by regulation 2(2), (10) to (13) and (15) shall not apply in relation to a development plan document or statement of community involvement submitted to the Secretary of State under section 20(1) of the Planning and Compulsory Purchase Act 2004 before 1st September 2008.
3
If a development plan document or statement of community involvement is submitted to the Secretary of State under section 20(1) of the Planning and Compulsory Purchase Act 2004 before 1st September 2008 and is withdrawn, regulation 37(2) of the 2004 Regulations (as originally made) shall apply in relation to that document or statement.
4
Paragraph (5) applies if a local planning authority —
a
comply with regulation 25 of the 2004 Regulations (as originally made) in relation to a development plan document or statement of community involvement before 27th June 2008;
b
comply with regulation 26 of the 2004 Regulations (as originally made) in relation to that document or statement before 1st September 2008; and
c
submit that document or statement to the Secretary of State under section 20(1) of the Planning and Compulsory Purchase Act 2004 on or after 1st September 2008.
5
The local planning authority shall be treated as having complied —
a
in the case of a development plan document, with regulation 25 as substituted by these Regulations; and
b
in the case of a statement of community involvement, with regulation 26 as substituted by these Regulations.
6
Where paragraph (5) applies —
a
the local planning authority must consider any representations made in accordance with paragraph (2) of regulation 27 of the 2004 Regulations (as originally made) before they comply with regulation 27 as substituted by these Regulations;
b
the references in regulations 27 and 30 of the 2004 Regulations (as amended) to specific consultation bodies or general consultation bodies invited to make representations under regulation 25(1) or regulation 26(1) shall be treated as references to specific consultation bodies or general consultation bodies consulted under regulation 25 of the 2004 Regulations as originally made;
c
the references in regulation 30(1)(d) of the 2004 Regulations (as amended) to bodies and persons invited, and representations made, under regulation 25 or 26 shall be treated as references to bodies and persons invited, and representations made, under regulation 25 of the 2004 Regulations as originally made;
d
regulation 37(1)(c) of the 2004 Regulations (as substituted by these Regulations) shall be treated as if it referred only to a body to whom notification was given under regulation 26(c) of the 2004 Regulations as originally made; and
e
regulation 37(1)(d) of the 2004 Regulations (as substituted by these Regulations) shall have effect as if it also referred to anything made available or published under regulation 26(a) and (b) of the 2004 Regulations as originally made.
7
For the purposes of regulations 25 and 26 as substituted by these Regulations, it is immaterial that any step required by either of those regulations was taken before the commencement of these Regulations.
8
In this regulation —
a
“supplementary planning document” has the same meaning as in the 2004 Regulations ; and
b
a reference to a supplementary planning document, development plan document or statement of community involvement includes a reference to a revision of such a
document or statement.
Signed by the authority of the Secretary of State
for Communities and Local Government
Caroline Flint
Minister of State
Department for Communities and Local Government
19th May 2008


type: legislation

jurisdiction: UK

text:
Title, Commencement and Interpretation
1
1
The title of this Order is the North East Wales National Health Service Trust (Transfer of Staff, Property, Rights and Liabilities) Order 2008 and it comes into force on 1 July 2008.
2
In this Order, unless the context otherwise requires:
“the new trust” (“ yr ymddiriedolaeth newydd ”) means the North Wales National Health Service Trust established on 25 June 2008.
“the old trust” (“ yr hen ymddiriedolaeth ”) means North East Wales National Health Service Trust established on 4 January 1999
“the transfer date” (“ y dyddiad trosglwyddo ”) means the 1 July 2008;
Transfer of employees to the transferee
2
1
Subject to paragraph (3), any person who immediately before the transfer date, was employed by the old trust shall have their contract of employment transferred to the new trust on the transfer date and that contract will have effect as if originally made between the person so employed and the new trust.
2
Without prejudice to paragraph (1) above —
a
all the rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies will, by virtue of this article, be transferred to the new trust on the transfer date;
b
anything done before that date by, or in relation to, the old trust in respect of that contract or that employee, will be deemed from the transfer date to have been done by, or in relation to, the new trust.
3
Paragraphs (1) and (2) are without prejudice to any right of any employee to terminate his or her contract of employment if a substantial change is made to his or her detriment in his or her working conditions, but no such right shall arise by reason only of the change in employer effected by this article.
Transfer of property, rights and liabilities
3
On the transfer date all the property, rights and liabilities of the old trust, not referred to in article 2 above, shall be transferred to the new trust, including without limitation —
a
the duty to prepare the outstanding accounts of the old trust and to perform all statutory duties relating to those accounts;
b
the trust property of the old trust listed in Schedule 1;
c
the charities of the old trust listed in Schedule 2.
Transfer of functions of the old trust to the new trust
4
With effect from the transfer date, all the functions of the old trust are transferred to the new trust.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
30 June 2008


text:
PART 1 General
Citation and commencement
1
These Regulations may be cited as the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008 and come into force on 1st September 2008.
Interpretation
2
In these Regulations —
“ the Act ” means the Childcare Act 2006;
“registered person” means a person who is registered under Chapter 2 (regulation of early years provision), Chapter 3 (regulation of later years provision for children under 8) or Chapter 4 (voluntary registration) of the Act.
Prescribed day for the purposes of the definition of “later years provision”
3
The day prescribed for the purposes of section 96(6)(b) of the Act is the day on which the child attains the age of 18.
PART 2 Disclosure of information
Power of Chief Inspector where consent to disclosure withheld
4
The Chief Inspector may, in the circumstances set out in section 90(2) of the Act, treat the prescribed requirements for registration as not being satisfied or (as the case may be) as having ceased to be satisfied.
Prescribed descriptions of information
5
1
Information is of a prescribed description for the purposes of section 90(2)(a)(iii) if it falls within any of the descriptions set out in paragraph (2).
2
The information —
a
confirms the identity of A ;
b
is information about A contained in a criminal record certificate issued under section 113A of the Police Act 1997 or in an enhanced criminal record certificate issued under section 113B of that Act;
c
confirms a relevant qualification claimed by A;
d
is information about the health of A held by a medical practitioner;
e
is information, other than information of a kind referred to in sub-paragraphs (a) to (d), about the character, employment record or other relevant experience of A held by —
i
an educational institution currently or formerly attended by A,
ii
an employer or former employer of A, or
iii
a medical practitioner;
f
is information about the character of A held by the governing body or proprietor of a school which was or is attended by a child of A or a child for whom A has parental responsibility;
g
is information about A held by a local authority in connection with the exercise of its social services functions;
h
is information about A, whether or not of a kind described in sub-paragraphs (a) to (g), held by —
i
the National Assembly for Wales in pursuance of its functions as registration authority under Part 10A of the Children Act 1989 ;
ii
the Scottish Commission for the Regulation of Care, pursuant to Part 1 of the Regulation of Care (Scotland) Act 2001 ;
iii
a Health and Social Services Board, pursuant to Part 11 of the Children (Northern Ireland) Order 1995 ;
iv
a body acting on behalf of the Crown in the Channel Islands or the Isle of Man;
v
the national authority of any other member state of the European Economic Area having functions comprising the regulation of childcare.
3
In this regulation —
“employment” includes work undertaken on a self-employed or voluntary basis (and “employer” is to be read accordingly);
“relevant qualification” means a qualification evidencing competence, or level of competence, in an area that is relevant to the Chief Inspector’s function of deciding whether or not to grant an application for registration under Chapter 2, 3 or 4 of the Act, or to the function under section 68(2)(a) of the Act;
“social services functions” means any functions which are social services functions for the purposes of the Local Authority Social Services Act 1970 .
PART 3 Certificates of registration
Content of certificate of registration
6
A certificate of registration given in accordance with section 37, 56 or 64 must contain the following information —
a
the name of the registered person;
b
the date of registration;
c
any unique reference number or other identifier issued by the Chief Inspector in respect of the registration;
d
whether the registered person is registered in the early years register, Part A of the general childcare register or Part B of the general childcare register ;
e
whether the registered person is registered as a childminder or as a provider of childcare other than childminding;
f
any conditions imposed on the registered person’s registration under section 38, 58 or 66 of the Act, and the date on which they were imposed;
g
where the registered person is registered as a provider of childcare other than childminding, the address of the premises in respect of which that person is registered.
Content of combined certificate of registration
7
A combined certificate of registration given in accordance with section 92 of the Act must contain the name of the registered person and the information specified in regulation 6(b) to (g) in respect of each registration of that person.
PART 4 Suspension of registration
Suspension of registration
8
The registration of a registered person may be suspended by the Chief Inspector, by notice, in the circumstances prescribed in regulation 9 for the period prescribed in regulation 10.
Circumstances in which registration may be suspended
9
The circumstances prescribed for the purposes of section 69(1) of the Act are that the Chief Inspector reasonably believes that the continued provision of childcare by the registered person to any child may expose such a child to a risk of harm.
Suspension of registration: further provisions
10
1
Subject to paragraph (2), the period for which the registration of a registered person may be suspended is six weeks beginning with the date specified in the notice of suspension given in accordance with paragraph (4).
2
Subject to paragraph (3), in a case in which a further period of suspension is based on the same circumstances as the period of suspension immediately preceding that further period of suspension, the Chief Inspector’s power to suspend registration may only be exercised so as to give rise to a continuous period of suspension of 12 weeks.
3
Where, however, it is not reasonably practicable (for reasons beyond the control of the Chief Inspector) —
a
to complete any investigation into the grounds for the Chief Inspector’s belief referred to in regulation 9, or
b
for any necessary steps to be taken to eliminate or reduce the risk of harm referred to in regulation 9,
within a period of 12 weeks, the period of suspension may continue until the end of the investigation referred to in sub-paragraph (a), or until the steps referred to in sub-paragraph (b) have been taken.
4
A notice under regulation 8 may be given to the registered person —
a
by delivering it to the registered person,
b
by sending it by post, or
c
subject to paragraph (5), by transmitting it electronically.
5
If the notice is transmitted electronically, it is to be treated as given to the registered person only if —
a
the registered person has indicated to the Chief Inspector a willingness to receive notices transmitted by electronic means and has provided an address suitable for that purpose, and
b
the notice is sent to that address.
Lifting of suspension
11
If, at any time during a period of suspension under regulation 8, it appears to the Chief Inspector that the circumstances prescribed in regulation 9 no longer exist, the Chief Inspector must lift the suspension.
Appeal against suspension
12
1
A registered person whose registration has been suspended under regulation 8 may appeal to the Tribunal against the suspension.
2
On an appeal under paragraph (1), the Tribunal must either —
a
confirm the Chief Inspector’s decision to suspend registration, or
b
direct that the suspension shall cease to have effect.
3
In a case where the suspension of a registered person’s registration ends before the Tribunal determines the appeal in accordance with paragraph (2), the Tribunal must dismiss the appeal.
Meaning of “harm”
13
In this Part of these Regulations, “harm” has the same meaning as in section 31(9) of the Children Act 1989 .
Beverley Hughes
Minister of State
Department for Children, Schools and Families
31st March 2008


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Basingstoke and Deane (Electoral Changes) Order 2008.
2
This Order, with the exception of article 6, 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 2008, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2008.
3
Article 6 comes into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parish of Tadley to be held on the ordinary day of election of councillors in 2011, on 15th October 2010;
b
for all other purposes, on the ordinary day of election of councillors in 2011.
Interpretation
2
In this Order —
“borough” means the borough of Basingstoke and Deane;
“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 Basingstoke and Deane (Electoral Changes) Order 2008”, of which prints are available for inspection at the principal office of the Electoral Commission: and any reference to a numbered sheet is a reference to the sheet of the map which bears that number;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 ; and
“registration officer” means an officer appointed for the purpose of, and in accordance with, section 8 of the Representation of the People Act 1983.
Wards of the borough of Basingstoke and Deane
3
1
The existing wards of the borough shall be abolished.
2
The borough of Basingstoke and Deane shall be divided into twenty-nine wards which shall be named as set out in column (1) of Schedule 1.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines.
4
The number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of that 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.
Elections of the council of the borough of Basingstoke and Deane
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2008 .
2
The councillors holding office for any ward of the borough immediately before the fourth day after the ordinary day of election of councillors in 2008 shall retire on that date and the newly elected councillors shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Where the number of councillors elected in 2008 for any ward of the borough is two or more —
a
the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Sherborne St John
5
1
The existing wards of the parish of Sherborne St John shall be abolished.
2
The parish shall be divided into two wards which shall be named Popley Fields and Sherborne St John.
3
Each ward shall comprise the area designated on sheets 2, 3 and 4 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for Sherborne St John ward shall be four and for Popley Fields ward shall be three.
Wards of the parish of Tadley
6
1
The existing wards of the parish of Tadley shall be abolished.
2
The parish shall be divided into four wards which shall be named Tadley Central, Tadley East, Tadley North and Tadley South.
3
Each ward shall comprise the area designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each ward shall be four.
Wards of the parish of Rooksdown
7
1
The number of councillors to be elected for the parish of Rooksdown shall be five.
Parish Elections
8
1
The elections of all parish councillors for the parish of Pamber shall be held simultaneously on the ordinary day of election of councillors in 2011 .
2
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2006 for the parish of Pamber shall be five years.
3
The ordinary election of parish councillors for the parish of Pamber in 2010 elections shall not take place; and any such parish councillor holding office immediately before 10 May 2010 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2011.
4
Where any provision of an Order made before the making of this Order requires an election of parish councillors for a parish mentioned in paragraph (1) to be held on a date other than that for which paragraph provides, it shall cease to have effect to that extent.
5
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before May 2011 in the office of a parish councillor for the parishes of Pamber as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to May 2011.
Map
9
Basingstoke and Deane 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
10
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.
Revocation
11
Articles 2, 3(4), 6, and Schedules 1 and 2 and paragraph (1) of article 8 (so far as article 8 relates to elections in the parish of Pamber), of the Borough of Basingstoke and Deane (Electoral Changes) Order 2001 are revoked.
Sealed with the seal of the Electoral Commission on the 20th day of February 2008
Peter Wardle
Chief Executive
20th February 2008
Vera Markos
Secretary to the Commission
20th February 2008


text:
PART 1 GENERAL PROVISIONS
Citation, commencement and application
1
1
These Regulations may be cited as the Housing (Right to Manage) (England) Regulations 2008 and shall come into force on 1st October 2008.
2
These Regulations apply in relation to houses and authorities in England only.
Partial revocation of the Housing (Right to Manage) Regulations 1994
2
Subject to the transitional provisions set out in Part 6, the Housing (Right to Manage) Regulations 1994 are revoked in so far as they relate to houses and local authorities in England.
Interpretation
3
In these Regulations —
“the 1994 Regulations ” means the Housing (Right to Manage) Regulations 1994;
“acceptance date” means the date on which a tenant management organisation receives the notice under regulation 11(2)(a) that an authority has accepted its proposal notice;
“approved assessor” means a person approved by the Secretary of State for the purposes of assessing the competence of tenant management organisations under regulation 14(1) ;
“approved assessor service” means a person designated by the Secretary of State to appoint an approved assessor on the application of a tenant management organisation under regulation 14(1);
“area” in relation to a tenant management organisation, means the area specified in its constitution in accordance with regulation 4(1)(b);
“authority” means the local housing authority on which a proposal notice is served;
“commencement date” means the date on which these Regulations come into force;
“competence” refers to the competence of a tenant management organisation to exercise the management functions set out in the feasibility study;
“house” includes —
part of a house;
land let together with a house; and
land held for a purpose related to the house;
“feasibility study” means the study described in regulation 13 ;
“management functions” has the same meaning as in section 27 of the Housing Act 1985;
“management offer” means the offer an authority is required to make under regulation 15(1) ;
“proposal notice” means a notice which complies with regulation 9 ;
“support” means the provision or financing by an authority of office accommodation, facilities and training;
“tenant” means a person who holds a secure tenancy (within the meaning of section 79 of the Housing Act 1985), or other tenancy of a house from an authority; and
“ TMO agreement” means an agreement required to be made between an authority and a tenant management organisation under regulation 16 .
Definition and general duties of tenant management organisations
4
1
A tenant management organisation, referred to in the following provisions of these Regulations as a TMO, is an organisation which satisfies the following conditions —
a
it has a constitution, available in written form;
b
its constitution specifies an area in relation to which it seeks to enter into a TMO agreement with an authority;
c
its constitution provides that any tenant of a house in that area may become a member of the TMO;
d
its constitution provides that, in conducting its affairs, the TMO must avoid any unlawful discrimination;
e
its constitution provides that the affairs of the TMO must be conducted either —
i
by the members of the TMO at a general meeting; or
ii
by a committee or board of directors elected by members of the TMO.
2
For the purposes of these Regulations, a TMO —
a
is not disqualified from being a TMO if its constitution contains provision for matters other than those specified in paragraph (1); and
b
does not cease to be a TMO if its constitution is at any time amended to contain such provision.
3
In exercising its functions under these Regulations, a TMO —
a
must act in accordance with the provisions of its constitution relevant to the exercise of its functions under these Regulations; and
b
must have regard to any guidance provided from time to time by the Secretary of State relevant to the exercise of its functions under these Regulations.
Agreement for extension of time
5
1
Where any person is required or authorised to exercise any function under these Regulations within a specified period, the TMO and the authority concerned may by agreement before the expiry of that period, extend the period for a further specified period.
2
But this does not apply to regulation 16(3) (authority to submit copy of management agreement to Secretary of State within 14 days of entering into the agreement).
Security of ballot
6
Any ballot held under these Regulations must be organised so that the vote cast by any individual is kept secret.
Written communications
7
Any requirement under these Regulations to make, prepare, provide or send a notification, request, referral, report, plan, offer or other communication, is a requirement to do so in writing.
Disputes between authorities and TMOs
8
1
Where an authority and a TMO cannot resolve a dispute that has arisen between them concerning the application or interpretation of any provision of these Regulations or the TMO agreement, either party may refer the matter to an arbitrator agreed between them or, in default of agreement, appointed by the Secretary of State.
2
In making the referral described in paragraph (1), the authority and the TMO must have regard to any guidance provided from time to time by the Secretary of State as to the procedure and conduct of the arbitration.
PART 2 INITIATING THE PROCESS STAGE
Proposal notices
9
1
A notice is a proposal notice if it complies with paragraphs (2) and (4) and is served on an authority by a TMO.
2
The notice must contain the following —
a
that the authority on which it is served enter into a TMO agreement with the TMO serving the notice;
b
that the subject of the proposed TMO agreement be the management of houses within the TMO’s area of which, at the time the notice is served, at least 25 are let under secure tenancies; and
c
that those houses to which the proposed TMO agreement relates are within the TMO’s area.
3
The notice must be accompanied by evidence demonstrating that the requirements in regulation 10 have been complied with.
4
A proposal notice must not contain a proposal relating to houses already included in an existing management agreement between a TMO and an authority unless —
a
all of those houses are included in the proposal and the TMO which serves the notice is a party to that existing management agreement; or
b
the number of houses which are the subject of the existing agreement is greater than 2500.
Consultation and membership requirements relevant to proposal notices
10
A TMO must —
a
before serving a proposal notice on an authority, use its best endeavours to deliver a copy of the notice to every house which is identified in the proposal notice;
b
be satisfied that before serving a proposal notice —
i
a majority of members of the TMO voted in favour of serving the notice at a ballot of all members; or
ii
a majority of members of the TMO in attendance at a properly constituted general meeting voted in favour of a resolution to serve a notice;
c
at the time the notice is served, ensure that the membership of the TMO includes —
i
at least 20% of the tenants; and
ii
at least 20% of the secure tenants,
of the houses identified in the proposal notice.
Acceptance and refusal of proposal notices
11
1
Subject to paragraphs (4) and (5), an authority on which a proposal notice is served must accept it.
2
An authority must notify the TMO within 28 days of receiving the proposal notice —
a
whether it has accepted or refused the proposal notice; and
b
where it has refused, the reasons for the refusal.
3
Where an authority accepts a proposal notice, it must at the time of notification under paragraph (2) —
a
inform the TMO of any other management organisation or person which already exercises management functions in relation to the houses identified in the proposal notice; and
b
provide a copy of the proposal notice to any other such management organisation or person.
4
An authority may refuse to accept a proposal notice if it contains a similar proposal to one contained in a previous proposal notice, and —
a
at least half of the houses identified in the current proposal notice were also identified in the previous proposal notice; and
b
within the two years preceding the date on which the current notice is received, the previous proposal notice was withdrawn voluntarily, by the TMO, or was deemed to be withdrawn as mentioned in —
i
regulation 13(6) (feasibility study requirements);
ii
regulation 14(8)(b) (competence of TMO);
iii
regulation 15(4) (refusal of offer to tenants); or
iv
regulation 17(2) (failure to register TMO).
5
An authority may refuse to accept a proposal notice if it has reasonable grounds for believing that the TMO which serves the notice has failed to comply with the requirements of regulation 10(a) or (b), or that the requirements of regulation 10(c) have not been met.
Authority support following proposal notice
12
1
Where an authority has accepted a proposal notice, the TMO which served the notice may request the authority for such support as is specified in the request, being support that is reasonably required for the purposes of pursuing the proposal notice.
2
On receipt of a request under paragraph (1) , the authority must —
a
determine the support which it considers the TMO reasonably requires for the purposes of pursuing the proposal notice; and
b
notify the TMO of the determination within 28 days of receipt of the request.
3
Subject to paragraphs (7) and (8) the authority must provide support in accordance with the determination under paragraph (2)(a).
4
If a TMO is dissatisfied with an authority’s determination under paragraph (2)(a) it may, within 28 days of being notified of the determination, refer the request to an arbitrator.
5
Where a TMO makes a referral under paragraph (4) it must at the same time give notice of that referral to the authority.
6
Within 28 days of a referral under paragraph(4) the arbitrator must —
a
determine the support which the arbitrator considers the TMO reasonably requires for the purposes of pursuing the proposal notice; and
b
notify the authority and the TMO of the determination.
7
Where a determination has been notified under paragraph (6), the authority must provide support in accordance with that determination.
8
Paragraph (3) does not apply if the proposal notice is withdrawn voluntarily by the TMO, or is deemed to be withdrawn under these Regulations.
PART 3 FEASIBILITY AND DEVELOPMENT STAGE
Feasibility study
13
1
Where an authority has accepted a proposal notice, the TMO and the authority must within 15 months of the acceptance date, jointly prepare and publish a study which complies with paragraph (2).
2
A feasibility study must set out —
a
the management functions which the TMO proposes to exercise;
b
the funding or budget to be allocated by the authority to enable the TMO to exercise those functions;
c
the financial accountability and control procedures which the authority and the TMO must have in place before the TMO may exercise those functions; and
d
the management and governance arrangements of the TMO.
3
Where the TMO and the authority fail to agree on any matter required by paragraph (2) to be set out in the study, either party may refer the dispute to an arbitrator.
4
Within 2 months of a referral under paragraph (3), the arbitrator must determine the matters in paragraph (2) to be set out and notify the TMO and the authority of the determination.
5
The TMO and the authority must incorporate in the study the details notified under paragraph (4).
6
Where a TMO and authority fail to comply with paragraph (1) or, if applicable, paragraph (5), the proposal notice is deemed to be withdrawn.
Appointment of approved assessor to assess competence of TMO
14
1
Where an authority has accepted a proposal notice, the TMO must within 3 months of the acceptance date, apply to the approved assessor service to appoint an approved assessor to report on the competence of the TMO to exercise the management functions set out in the feasibility study.
2
The authority must arrange for the approved assessor to carry out the report.
3
The report described in paragraph (1) must —
a
state whether or not the approved assessor concludes that the TMO is competent; and
b
if the approved assessor concludes that the TMO is not competent, suggest the action he believes the authority and the TMO should take to ensure that the TMO becomes competent.
4
The approved assessor must, within 15 months of the acceptance date, complete the report and provide it to the authority and the TMO.
5
The authority and the TMO must —
a
Use all reasonable efforts to take the action suggested by the approved assessor in accordance with paragraph (3)(b); and
b
jointly agree an action plan to enable them to do so.
6
The authority must notify the approved assessor within 7 days of the action being completed.
7
The approved assessor must within 35 days of receipt of the authority’s notification under paragraph (6) reassess whether or not the TMO is competent and notify the authority and TMO of his conclusion.
8
The proposal notice is deemed to be withdrawn —
a
if a TMO and authority fail to comply with the requirements of this regulation; or
b
if the approved assessor concludes under paragraph (7) that the TMO is not competent.
Offer to tenants
15
1
Where the approved assessor concludes under regulation 14 that the TMO is competent, the authority must within 3 months of receiving his conclusion, make to the tenants of each house identified in the proposal notice, an offer setting out —
a
a summary of the feasibility study; and
b
the conclusion of the approved assessor.
2
The authority must arrange for a ballot to be carried out within 3 months of making the offer, with a view to establishing whether the tenants referred to in paragraph (1) wish to accept the offer.
3
The authority must within 14 days of carrying out the ballot notify the TMO and the Secretary of State whether a majority of the tenants who voted and a majority of the secure tenants who voted —
a
accepted the offer; or
b
refused the offer.
4
The proposal notice is deemed to be withdrawn if the offer is refused by —
a
a majority of the tenants who voted in the ballot held pursuant to paragraph (2); and
b
a majority of the secure tenants who voted in that ballot.
PART 4 IMPLEMENTATION STAGE
Duty to enter into TMO agreement
16
1
Subject to regulation 17 , where —
a
a majority of the tenants who voted in the ballot under regulation 15(2), and
b
a majority of the secure tenants who voted in that ballot,
have accepted the offer, the authority must within 9 months of the date of the authority’s notification under regulation 15(3), enter into a TMO agreement with the TMO.
2
That TMO agreement must take into account any guidance issued from time to time by the Secretary of State relating to TMO agreements .
3
In addition to complying with the requirement of section 27(3) of the Housing Act 1985, the authority must send a copy of the TMO agreement to the Secretary of State within 14 days of entering into it.
Incorporation of TMO
17
1
The authority is not required to enter into a TMO agreement unless within 9 months of the local authority’s notification under regulation 15(2), the TMO is registered as —
a
an Industrial and Provident Society under the Industrial and Provident Societies Act 1965 ; or
b
a company under the Companies Act 2006 .
2
The proposal notice is deemed to be withdrawn if the TMO fails to satisfy the requirements of paragraph (1) .
PART 5 OTHER PROVISIONS RELATING TO TMOS
Guidance by Secretary of State
18
Without prejudice to regulations 4(3)(b), 8(2) and 16(2), any person exercising functions under these Regulations must have regard to any guidance given by the Secretary of State relevant to the exercise of those functions.
Break clause in other housing management agreements
19
1
This regulation applies to every agreement made under section 27(1) of the Housing Act 1985 between an authority and a manager after the commencement date, where the agreement relates to —
a
the same houses; and
b
the same management functions in relation to those houses,
that are the subject of a subsequent TMO agreement.
2
An agreement to which this regulation applies must contain the following terms —
a
that the authority must determine the agreement where it is required to enter into a TMO agreement; and
b
that on the determination of the agreement, the authority and the manager must make arrangements for the transfer of the management functions from the manager to the TMO, if such arrangements are necessary.
3
An agreement to which this regulation applies that, when made, does not contain the terms specified in paragraph (2), shall be treated as if it had always contained those terms.
4
An authority must determine the agreement as soon as reasonably practicable after the date it is required to enter into a TMO agreement under regulation 16.
5
The authority and the manager must make arrangements in accordance with paragraph (2) (b) within 3 months of the determination of the agreement.
Participation by authority in TMOs
20
Where an authority proposes to enter into a TMO agreement with any TMO or has entered into a TMO agreement with a TMO, it may, at the invitation of the TMO concerned, nominate one or more persons to be directors or other officers of the TMO.
Agreements entered into voluntarily
21
An authority may enter into a TMO agreement otherwise than in accordance with these Regulations where that agreement is in such form as is approved by the Secretary of State and the requirement of sections 27 and 27AB of the Housing Act 1985 are satisfied.
PART 6 TRANSITIONAL PROVISIONS
General transitional provision
22
Except as mentioned in this Part, any function exercised, step taken or requirement satisfied in accordance with a provision in the 1994 Regulations before the commencement date must be treated on and after that date as a function exercised, step taken or requirement satisfied in accordance with the equivalent provision of these Regulations.
Proposal notices served under the 1994 Regulations
23
1
This regulation applies where before the commencement date —
a
a TMO has served a proposal notice pursuant to regulation 2(1) of the 1994 Regulations (referred to in the following provisions of this Part as a “regulation 2 notice”); and
b
the authority on which the notice was served has neither accepted nor declined to accept the proposal notice.
2
The authority may accept the regulation 2 notice on or after the commencement date; and where it does so regulation 12 to 17 of these Regulations shall have effect as if the regulation 2 notice were a proposal notice within the meaning of these Regulations.
3
The authority may, in accordance with regulation 2(2) or (4) of the 1994 Regulations, decline to accept the regulation 2 notice; but the authority shall not be treated as having done so unless, within the period specified in regulation 2(7) of those Regulations, it gives notice to that effect, stating its reasons for declining to accept the proposal notice.
4
Regulation 2(3) and (5) of the 1994 Regulations shall apply where a proposal notice is declined as mentioned in paragraph (3) above.
Local authority support following proposal notice
24
1
Where, before the commencement date —
a
a TMO has requested support under paragraph (1) of regulation 3 of the 1994 Regulations; and
b
the authority has not made the determination referred to in paragraph (3)(a) of that regulation,
that regulation shall continue to have effect on and after that date in relation to that request.
2
Where, on or after the commencement date —
a
the authority agrees to the TMO’s request; or
b
an arbitrator notifies the authority and the TMO under regulation 3(7)(b) of the 1994 Regulations of a determination made in relation to that request,
the authority and the TMO may prepare and publish a feasibility study in accordance with regulation 13 of these Regulations.
3
Regulations 14 to 17 of these Regulations shall apply in a case to which paragraph (2) applies as if the regulation 2 notice were a proposal notice accepted under regulation 11.
Subsequent procedure in relation to regulation 2 notices
25
1
Paragraphs (2) to (4) shall apply where, before the commencement date, the authority has accepted a regulation 2 notice but has not entered into a management agreement under the 1994 Regulations.
2
Subject to paragraphs (3) and (4), any function being exercised, step being taken or requirement in the process of being satisfied immediately before the commencement date in accordance with any of paragraphs (1) to (8) of regulation 4 of the 1994 Regulations shall not be continued under those Regulations on or after that date.
3
Where a ballot has been carried out pursuant to paragraph (12)(b) of regulation 4 of the 1994 Regulations before the commencement date, paragraphs (13) to (16) of that regulation shall continue to have effect on and after that date as regards the regulation 2 notice to which the ballot relates.
4
Where, before the commencement date, the report of a study has been submitted to the Secretary of State under regulation 4(9) of the 1994 Regulations, but a ballot has not been carried out under those Regulations —
a
within 3 months of the commencement date the TMO must apply to the approved assessor service for the appointment of an assessor; and
b
regulations 14 to 17 of these Regulations shall have effect as if the regulation 2 notice were a proposal notice accepted under regulation 11.
5
Unless paragraph (3) or (4) applies, the TMO and the authority must —
a
within 3 months of the commencement date, apply to the approved assessor service for the appointment of an assessor;
b
within 15 months of the commencement date, jointly prepare and publish a feasibility study; and
c
regulation 13(3) to (6) shall have effect in relation to that study as if the regulation 2 notice were a proposal notice accepted under regulation 11 of these Regulations.
Signed by authority of the Secretary of State for Communities and Local Government
Hazel Blears
Secretary of State
Department for Communities and Local Government
4th September 2008


text:
1
1
This Order may be cited as the Serious Crime Act 2007 (Commencement No. 1) Order 2008.
2
In this Order “ the Act ” means the Serious Crime Act 2007.
2
The following provisions of the Act shall come into force on 15th February 2008 —
a
section 85 (disclosure of information by Revenue and Customs);
b
section 88 together with Schedule 12 (extension of investigatory powers of Revenue and Customs);
c
section 92 (repeals and revocations) in so far as it relates to the entries in Schedule 14 in paragraph (d); and
d
in Schedule 14 (repeals and revocations) the entries relating to —
i
section 108(1) of the Police Act 1997 ;
ii
sections 56(1) and 81(1) of the Regulation of Investigatory Powers Act 2000 ; and
iii
paragraphs 1 and 11 of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 .
3
The following provisions of the Act shall come into force on 1st March 2008 —
a
section 24(9) and (10) (order making powers relating to appeals procedure);
b
section 37 (functions of applicant authorities) in so far as it relates to the provisions in paragraph (c);
c
paragraphs 4 and 18 of Schedule 2 (Code for Crown Prosecutors and Code for Public Prosecutors);
d
section 40(1), (2) and (4) (order making powers relating to authorised monitors);
e
section 68(8) (interpretation and power to specify an anti-fraud organisation);
f
section 71(1), (2), (4) and (5) (code of practice for disclosure of information to prevent fraud);
g
section 73 (data matching) in so far as it relates to the provisions in paragraphs (h) to (j);
h
paragraphs 1 and 2 of Schedule 7 in so far as they insert new section 32G(1), (3) and (4) of the Audit Commission Act 1998 (code of data matching practice);
i
paragraph 4 of Schedule 7 in so far as it inserts new section 64G(1), (3) and (4) of the Public Audit (Wales) Act 2004 (code of data matching practice);
j
paragraph 6 of Schedule 7 in so far as it inserts new Article 4G(1), (3) and (4) of the Audit and Accountability (Northern Ireland) Order 2003 (code of data matching practice);
k
section 74(1) (order making power relating to the abolition of the Assets Recovery Agency);
l
section 74(2)(d) and (g) (transfer of investigation functions and amendments to other enactments) in so far as it relates to the provisions in paragraphs (m) and (n);
m
paragraph 115 of Schedule 8 in so far as it inserts new section 377A(1) to (5) and (10) of the Proceeds of Crime Act 2002 (code of practice of Attorney General or Advocate General for Northern Ireland);
n
paragraph 169 of Schedule 8 (new section 2A of the Serious Organised Crime and Police Act 2005 ) for the purpose of the preparation of the Serious Organised Crime Agency’s annual plan under section 6 of the Serious Organised Crime and Police Act 2005 for the financial year commencing 1st April 2008; and
o
section 74(3) together with Schedule 9 (transfers to the Serious Organised Crime Agency and the National Policing Improvement Agency).
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
5th February 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Internal Dispute Resolution Procedures Consequential and Miscellaneous Amendments) Regulations 2008 and shall come into force on 6th April 2008.
2
In these Regulations “ the Act ” means the Pensions Act 1995.
Information requirements
2
1
When the trustees or managers of an occupational pension scheme receive (or, as the case may be, the specified person receives) an application under the relevant procedure, they must as soon as is reasonably practicable —
a
inform the applicant that TPAS (the Pensions Advisory Service) is available to assist members and beneficiaries of the scheme in connection with any difficulty with the scheme, and
b
give the applicant the contact details for TPAS.
2
For the purposes of paragraph (1), the relevant procedure is a procedure for the application for the resolution of a pension dispute under section 50(4) of the Act (procedure for resolution of a pensions dispute).
3
For the purposes of paragraph (1), “member” has the meaning given to it in section 124(1) and 125(4) of the Act (interpretation of Part 1 and supplementary), and “members” is to be construed accordingly.
4
When the trustees or managers of an occupational pension scheme notify the applicant of their decision on the matters in dispute in accordance with section 50(5)(b) of the Act (dispute resolution arrangements – duties of trustees or managers), the notification shall include —
a
a statement that the Pensions Ombudsman appointed under section 145(2) of the Pension Schemes Act 1993 may investigate and determine any complaint or dispute of fact or law, in relation to a scheme, made or referred in accordance with that Act, and
b
the Pensions Ombudsman’s contact details.
Exempted schemes
3
An occupational pension scheme of a description prescribed for the purposes of section 50(8)(c) of the Act (schemes to which section 50 does not apply) is a scheme in relation to which the sole trustee of the scheme is a company and all members of the scheme are directors of that company.
Exempted disputes
4
A dispute of a description prescribed for the purposes of section 50(9)(c) of the Act (exempted disputes) is a dispute in respect of which a notice of appeal has been issued by the complainant in accordance with —
a
regulation H2 of the Police Pensions Regulations 1987 (appeal to board of medical referees);
b
rule H2 of Schedule 2 to the Firemen’s Pension Scheme Order 1992 (appeal against opinion on a medical issue);
c
rule 2 of Part 6 of Schedule 1 to the Firefighters’ Compensation Scheme (Scotland) Order 2006 (appeal to medical referee);
d
regulation 31 of the Police (Injury Benefit) Regulations 2006 (appeal to board of medical referees);
e
rule 2 of Part 6 of Schedule 1 to the Firefighters’ Compensation Scheme (England) Order 2006 (appeal to medical referee);
f
regulation 72 of the Police Pensions Regulations 2006 (appeal to board of medical referees);
g
rule 4 of Part 8 of Schedule 1 to the Firefighters’ Pension Scheme (England) Order 2006 (appeals against decisions based on medical advice);
h
regulation 31 of the Police (Injury Benefit) (Scotland) Regulations 2007 (appeal to board of medical referees);
i
rule 4 of Part 8 of Schedule 1 to the Firefighters’ Pension Scheme (Scotland) Order 2007 (appeals against decisions based on medical advice);
j
regulation 72 of Part 7 of the Police Pensions (Scotland) Regulations 2007 (appeal to board of medical referees);
k
rule 4 of Part 8 of Schedule 1 to the Firefighters’ Pension Scheme (Wales) Order 2007 (appeals against decisions based on medical advice); or
l
rule 2 of Part 6 of Schedule 1 to the Firefighters’ Compensation Scheme (Wales) Order 2007 (appeal to medical referee).
Transitional provisions
5
1
Any disagreement which was ongoing before 6th April 2008 under arrangements made and implemented under section 50(1) of the Act shall continue until the procedure under those arrangements comes to an end, as if the relevant legislative provisions governing those arrangements were still in force.
2
For the purposes of paragraph (1), the relevant legislative provisions are —
a
section 50 of the Act as it was in force immediately before 6th April 2008; and
b
the Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations 1996 .
3
In the case of any relevant application, regulation 3 of the Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1996 shall apply as it had effect before 6th April 2008.
4
For the purposes of paragraph (3), “relevant application” means an application concerning a complaint or dispute made —
a
to an occupational pension scheme under the arrangements required by section 50 of the Act; and
b
before 6th April 2008.
Consequential and miscellaneous amendments
6
1
In Schedule 1 to the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 (basic information about the scheme);
a
in paragraph 25, for “section 50(7)” substitute “section 50(8)”; and
b
in paragraph 26, for “ OPAS ” substitute “TPAS” in both places where it occurs.
2
In Regulation 3 of the Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1996;
a
in paragraph (1), for “the arrangements required by section 50(2)(b)” substitute “section 50(5)(b)”; and
b
in paragraph (2), for “section 50(2)(a) or (b)” substitute “section 50(5)(b)”.
3
In the Stakeholder Pension Schemes Regulations 2000 in the table in Schedule 2 (regulations applying to schemes which are or have been registered under section 2) in the column headed “Statutory Instrument” for “The Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations 1996” substitute “The Occupational Pension Schemes (Internal Dispute Resolution Procedures Consequential and Miscellaneous Amendments) Regulations 2008”.
Revocation
7
The Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations 1996 are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
5th March 2008