type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Jobseeker’s Allowance (Extension of the Intensive Activity Period) Amendment Regulations 2007 and shall come into force on 1st June 2007.
Amendment of the Jobseeker’s Allowance Regulations 1996
2
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 75(1)(a)(iv) (interpretation) , for “50 years” substitute “60 years”.
Signed by authority of the Secretary of State for Work and Pensions.
Jim Murphy
Minister of State,
Department for Work and Pensions
24th April 2007


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Welfare of Animals (Miscellaneous Revocations) (England) Regulations 2007;
b
come into force on 6 th April 2007;
c
apply in England only.
Revocations
2
The instruments described in the first and second columns of the Schedule are revoked to the extent described in the third column of the Schedule.
Barry Gardiner
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
30th March 2007


text:
Citation, commencement, application and revocation
1
1
This Order may be cited as the Education (Listed Bodies) (England) Order 2007 and comes into force on 1st October 2007.
2
This Order only applies in relation to England .
3
The following Orders are revoked —
a
the Education (Listed Bodies) (England) Order 2004 ,
b
the Education (Listed Bodies) (England) (Amendment) Order 2005 , and
c
the Education (Listed Bodies) (England) (Amendment) (No 2) Order 2005 .
Listed Bodies
2
The bodies listed in the Schedule appear to the Secretary of State to fall, for the time being, within section 216(3) of the Education Reform Act 1988.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
10th September 2007


text:
1
These Regulations —
a
may be cited as the Animals and Animal Products (Import and Export) (England) (Imports of Captive Birds) Regulations 2007;
b
apply in relation to England only; and
c
come into force on 31st March 2007.
2
In regulation 16(4) of the Animals and Animal Products (Import and Export) (England) Regulations 2006 , for “1st April 2007” substitute “1st July 2007”.
3
The following are revoked —
a
regulation 2(3) of the Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2006 ;
b
the Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2007 .
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
27th March 2007


text:
Title and commencement
1
These Regulations —
a
may be cited as the Milk and Milk Products (Pupils in Educational Establishments) (England) (Amendment) Regulations 2007; and
b
come into force on 1st January 2008.
Amendment
2
1
Regulation 2 of the Milk and Milk Products (Pupils in Educational Establishments) (England) Regulations 2001 is amended as follows.
2
For the definition of “the Commission Regulation”, substitute —
“the Commission Regulation” means Commission Regulation (EC) No 2707/2000 laying down rules for applying Council Regulation (EC) No 1255/1999 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments, as amended from time to time;
.
3
For the definition of “the Council Regulation”, substitute —
“the Council Regulation” means Council Regulation (EC) No 1255/1999 on the common organisation of the market in milk and milk products;
.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
1st December 2007


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service Pension Scheme (Amendment) Regulations 2007 and shall come into force on 1st September 2007.
Amendment of the National Health Service Pension Scheme Regulations 1995
2
1
The National Health Service Pension Scheme Regulations 1995 shall be amended as follows.
2
In regulation A2 (definitions) at the appropriate place in alphabetical order, insert —
“ NBSBPS ” means the National Biological Standards Board Pension Scheme established on 1st July 1977;
.
3
In regulation B1 (membership of the scheme) after paragraph (3), insert —
3A
A person who was a member of the NBSBPS (including a pensioner or deferred member) on 31st August 2007 may, if the Secretary of State considers it appropriate and regulation R8A applies, be a member of the scheme.
.
4
After regulation R8 (former member of health service schemes), insert —
Former members of the NBSBPS
R8A
1
This regulation applies —
a
where, on 1st September 2007, the Secretary of State agrees to accept a single transfer payment in respect of all persons who were members of the NBSBPS on 31st August 2007 (including pensioner and deferred members) to the scheme; and
b
whether or not that transfer payment is made on the same day the Secretary of State agrees to accept it.
2
A person referred to in paragraph (1) who, on 31st August 2007, was not a pensioner or deferred member of the NBSBPS shall be credited with such period of pensionable service under the scheme as the Secretary of State may determine having first taken advice from the Scheme Actuary.
3
Subject to paragraph (4), a deferred or pensioner member referred to in paragraph (1) shall be credited with a period of pensionable service under the scheme (together with the rights attaching to that credited service), calculated as if —
a
the employment to which the NBSBPS applied was NHS employment that terminated on 31st August 2007; and
b
his contributions to the NBSBPS were contributions to the scheme.
4
Subject to paragraphs (5) and (6), a pensioner member who was entitled to a pension from the NBSBPS on 31st August 2007, shall be entitled to a member’s pension under this regulation —
a
as from 1st September 2007; and
b
at a yearly rate equal to the pension he was formerly entitled to from the NBSBPS.
5
For the purpose of calculating any further lump sum payable under regulation F2 (member dies after pension becomes payable) there shall be taken into account any pension and lump sum payments made under the rules of the NBSBPS.
6
For the purposes of calculating any benefits that become payable in accordance with regulations G3 or H4 (member dies after pension becomes payable) on or after 1st September 2007 to the widow, widower, surviving civil partner or dependent child of a pensioner member referred to in paragraph (1), the member’s pension referred to in those regulations means the member’s pension under paragraph (4) of this regulation calculated without regard to any reduction that may have been made to that pension to take account of —
a
early retirement from the NBSBPS; or
b
national insurance modifications whereby benefits provided under the NBSBPS are modified for the purposes of the National Insurance Acts 1946 and 1965 .
7
Subject to paragraph (2) and (6) of regulation G1 (widow’s pensions), paragraph (2) of regulation G7 (widower’s pensions) and paragraph (6) of regulation G10 (surviving civil partner’s pension) , a widow, widower or surviving civil partner of a pensioner member referred to in paragraph (1) who was entitled to a widow, widower’s or surviving civil partner’s pension from the NBSBPS on 31st August 2007, shall be entitled to such a pension under this regulation —
a
as from 1st September 2007; and
b
at a rate equal to the pension he or she was formerly entitled to from the NBSBPS.
8
Subject to paragraph (3) of regulation H1 (dependent child), a dependent child of a pensioner member referred to in paragraph (1) who was entitled to a pension from the NBSBPS on 31st August 2007, shall be entitled to such a pension under this regulation —
a
as from 1st September 2007; and
b
at a rate equal to the pension he or she was formerly entitled to from the NBSBPS.
.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under Secretary of State for Health Services,
Department of Health
12th July 2007
We consent to the making of the Regulations.
Alan Campbell
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
16th July 2007


text:
Citation and commencement
1
This Order may be cited as the Immigration Services Commissioner (Designated Professional Body) (Fees) Order 2007 and shall come into force on 5th March 2007.
Fees
2
1
The fee to be paid to the Immigration Services Commissioner by each designated professional body for the year 1st April 2006 to 31st March 2007 shall be the sum specified in the Schedule to this Order.
2
The fee shall be paid on or before 31st March 2007.
Liam Byrne
Minister of State
Home Office
6th February 2007


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Waste Management (Miscellaneous Provisions) (England and Wales) Regulations 2007.
2
These Regulations come into force on 2nd May 2007.
3
These Regulations extend to England and Wales only.
Amendment of Schedule 3 to the Waste Management Licensing Regulations 1994
2
Schedule 3 (activities exempt from waste management licensing) to the Waste Management Licensing Regulations 1994 is amended as follows.
3
For paragraph (g) of paragraph 47(1) substitute —
in any period of four weeks the land is treated only once; and
.
4
1
In paragraph 48 omit the word “and” immediately preceding sub-paragraph (e) and at the end add —
; and
f
the deposit is carried out in accordance with any requirements specified under a notice served under article 32 of the Plant Health (England) Order 2005 or article 32 of the Plant Health (Wales) Order 2006
.
5
After paragraph 51 insert —
52
1
The disposal of agricultural waste consisting of non-hazardous pesticide solution or washings in a lined biobed at the place of production of the waste if —
a
every part of the place upon which the activity is carried out is surfaced with an impermeable pavement provided with a sealed drainage system so that all liquids are directed into the biobed;
b
the biobed is located at a secure place at least —
i
10 metres from a watercourse; and
ii
50 metres from a spring, well or borehole;
c
the lining of the biobed is impermeable;
d
the biobed is suitable for treatment of the waste;
e
the biobed is covered with turf; and
f
the total quantity of waste being treated does not exceed 15,000 litres in any period of twelve months.
2
The secure covered storage of not more than 1500 litres of waste at the place where it is intended to be treated in a biobed in reliance on the exemption in sub-paragraph (1).
3
The treatment of land used for agriculture with agricultural waste consisting of biobed material where such treatment results in benefit to agriculture or ecological improvement if —
a
the biobed material is stored securely for 12 months before it is spread;
b
the biobed material consists of a mixture of straw, compost and biologically active soil;
c
the land is at least —
i
10 metres from a watercourse; and
ii
50 metres from a spring, well or borehole;
d
at the start of the treatment and at any time during the treatment —
i
the land has not been frozen for 12 or more hours during the preceding 24 hours; and
ii
the land is not waterlogged, flooded or snow-covered;
e
the activity is carried out in accordance with any requirement imposed by an action programme under the Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998; and
f
the total quantity of waste used does not exceed 50 tonnes per hectare in any period of 12 months.
4
The secure storage at the place of production of waste that is intended to be used in reliance of the exemption in sub-paragraph (3) if —
a
no more than 50 cubic metres is stored at any one time; and
b
no waste is stored more than three years.
53
1
The mixing of ash from the incineration of pig or poultry carcases at its place of production with manure for use in land treatment as specified in sub-paragraph (2).
2
The treatment of land at the place of production used for agriculture with agricultural waste where such treatment results in benefit to agriculture or ecological improvement if —
a
the waste consists of ash from the incineration of pig or poultry carcases or such ash mixed with manure in reliance of the exemption in sub-paragraph (1);
b
the land is at least —
i
10 metres from a watercourse; and
ii
50 metres from a spring, well or borehole;
c
at the start of the treatment and at any time during the treatment —
i
the land has not been frozen for 12 or more hours during the preceding 24 hours; and
ii
the land is not waterlogged, flooded or snow-covered;
d
the activity is carried out in accordance with any requirement imposed by an action programme under the Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998;
e
where the waste consists only of ash from the incineration of pig or poultry carcases, the waste is incorporated into the soil as soon as possible;
f
the total quantity of ash incorporated into the soil does not exceed 150 kilogrammes per hectare in any period of 12 months; and
g
the total amount of nitrogen added to the soil as a result of the treatment does not exceed 250 kilogrammes per hectare in any period of 12 months.
3
The secure storage of not more than 100 tonnes of waste intended to be used to treat land as specified in sub-paragraph (2).
54
1
The treatment of land used for agriculture with agricultural waste where such treatment results in benefit to agriculture or ecological improvement if —
a
the waste consists of dredging spoil (other than those containing dangerous substances) from farm ditches;
b
the activity is carried out in accordance with any requirement imposed by an action programme under the Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998; and
c
the total quantity of waste used per hectare does not exceed 150 tonnes per hectare in any period of 12 months.
2
The secure storage of not more than 200 tonnes of waste intended to be used to treat land as specified in sub-paragraph (1).
.
Amendment to the Clean Air (Emission of Dark Smoke) (Exemption) Regulations 1969
6
Item 6 in the table in Schedule 1 to the Clean Air (Emission of Dark Smoke) (Exemption) Regulations 1969 is omitted.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
28th March 2007


text:
PART 1 GENERAL
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Primary Medical Services) (Miscellaneous Amendments) Regulations 2007 and shall come into force on 28th January 2008.
2
These Regulations apply in relation to England.
3
In these Regulations —
“ GMS Contracts Regulations ” means the National Health Service (General Medical Services Contracts) Regulations 2004 ; and
“ PMS Agreements Regulations ” means the National Health Service (Personal Medical Services Agreements) Regulations 2004 .
PART 2 AMENDMENT OF THE GMS CONTRACTS REGULATIONS
Amendment of regulation 2 of the GMS Contracts Regulations
2
In regulation 2(1) (interpretation) of the GMS Contracts Regulations —
a
in the definition of “batch issue” —
i
for “Prescription Pricing Authority”, substitute “Prescription Pricing Division of the NHS Business Services Authority”, and
ii
for “version 1 dated June 2004” substitute “version 2 dated August 2006 ”;
b
in the definition of “CCT”, omit “, including any such certificate awarded in pursuance of the competent authority functions of the Postgraduate Medical Education and Training Board specified in article 20(3)(a) of that Order”;
c
insert the following definitions after the definition of “health service body” —
“home oxygen order form” means a form provided by the Primary Care Trust and issued by a health care professional to authorise a person to supply home oxygen services to a patient requiring oxygen therapy at home;
“home oxygen services” means any of the following forms of oxygen therapy or supply —
ambulatory oxygen supply,
urgent supply,
hospital discharge supply,
long term oxygen therapy, and
short burst oxygen therapy;
; and
d
in the definition of “repeatable prescription” —
i
for “Prescription Pricing Authority”, substitute “Prescription Pricing Division of the NHS Business Services Authority”, and
ii
for “version 1 dated June 2004” substitute “version 2 dated August 2006”.
Amendment of regulation 5 of the GMS Contracts Regulations
3
In regulation 5 (general condition relating to all contracts) of the GMS Contracts Regulations, in paragraph (2)(i)(ii), after “Insolvency Act 1986” insert “or Schedule 2A to the Insolvency (Northern Ireland) Order 1989 ”.
Amendment of Schedule 6 to the GMS Contracts Regulations
4
In Schedule 6 (other contractual terms) to the GMS Contracts Regulations —
a
in paragraph 15 (application for inclusion in a list of patients) —
i
for sub-paragraph (4)(b), substitute —
b
on behalf of any adult who lacks the capacity to make such an application, or to authorise such an application to be made on their behalf, by a relative of that person, the primary carer of that person, a donee of a lasting power of attorney granted by that person or a deputy appointed for that person by the court under the provisions of the Mental Capacity Act 2005 .
, and
ii
in sub-paragraph (6)(b), for “incapable adult”, substitute “an adult who lacks capacity”;
b
in paragraph 17(3) (which relates to the refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident), for “incapable adult”, substitute “an adult who lacks capacity”;
c
in paragraph 18(1)(a) (which relates to patient preference of practitioner), for “incapable adult”, substitute “an adult who lacks capacity”;
d
for paragraph 19(5)(b) (which relates to removal from the list at the request of the patient), substitute —
b
in the case of an adult patient who lacks the capacity to make the relevant request or receive the relevant advice, information or notification, a relative of that person, the primary carer of that person, a donee of a lasting power of attorney granted by that person or a deputy appointed for that person by the court under the provisions of the Mental Capacity Act 2005.
;
e
for paragraph 38 (prescribing), substitute —
38
The contractor shall ensure that —
a
any prescription form or repeatable prescription for drugs, medicines or appliances issued or created by a prescriber; and
b
any home oxygen order form issued by a health care professional,
complies as appropriate with the requirements in paragraphs 39, 39A and 41 to 44.
;
f
in paragraph 39 (which relates to prescribing) —
i
in sub-paragraph (1), after “Subject to” insert “sub-paragraph (1A) and to”,
ii
after sub-paragraph (1), insert —
1A
A health care professional shall order any home oxygen services which are needed for the treatment of any patient who is receiving treatment under the contract by issuing a home oxygen order form.
, and
iii
after sub-paragraph (3B), insert —
3C
A home oxygen order form shall be signed by a health care professional.
;
g
in paragraph 39A (electronic prescriptions) —
i
after sub-paragraph (1) insert —
1A
A health care professional may not order home oxygen services by means of an electronic prescription.
,
ii
in sub-paragraph (2), for “an adult incapable of nominating a dispenser”, substitute “an adult who lacks the capacity to nominate a dispenser”, and
iii
for sub-paragraph (2)(b), substitute —
in the case of an adult, that patient’s relative, primary carer, a donee of a lasting power of attorney granted by that person or a deputy appointed for that person by the court under the provisions of the Mental Capacity Act 2005.
;
h
for paragraph 66(2)(b) (which relates to signing of documents), substitute —
b
any other clinical documents, apart from —
i
home oxygen order forms, and
ii
those documents specified in sub-paragraph (3).
;
i
in paragraph 93(b) (which relates to the making of complaints), for “is incapable of making a complaint”, substitute “lacks the capacity to make a complaint”;
j
in paragraph 113(2)(j)(ii) (which relates to other grounds for termination by the Primary Care Trust), after “Insolvency Act 1986” insert “or Schedule 2A to the Insolvency (Northern Ireland) Order 1989”;
k
in paragraphs 115(1) and (5) (which relate to termination by the Primary Care Trust: remedial notices and breach notices), for “specified in paragraphs 111 to 114” substitute “specified in paragraphs 111 to 114A”;
l
in paragraph 120(1) (which relates to consultation with the Local Medical Committee), for sub-paragraphs (a) and (b) substitute —
a
terminating the contract pursuant to paragraph 112, 113, 114, 115(4) or (6) or 116;
b
which of the alternative notices in writing available under the provisions of paragraph 114A it will serve; or
c
imposing a contract sanction,
;
m
in paragraph 121(1) (which relates to clinical governance), after “effective system of clinical governance” insert “which shall include appropriate standard operating procedures in relation to the management and use of controlled drugs”; and
n
after paragraph 121 (clinical governance), insert the following —
121A
The contractor shall co-operate with the Primary Care Trust in the discharge of any obligations of the Primary Care Trust or its accountable officer under the Controlled Drugs (Supervision of Management and Use) Regulations 2006 .
.
PART 3 AMENDMENT OF THE PMS AGREEMENTS REGULATIONS
Amendment of regulation 2 of the PMS Agreements Regulations
5
In regulation 2 (interpretation) of the PMS Agreements Regulations —
a
in the definition of “batch issue” —
i
for “Prescription Pricing Authority”, substitute “Prescription Pricing Division of the NHS Business Services Authority”, and
ii
for “version 1 dated June 2004” substitute “version 2 dated August 2006 ”;
b
in the definition of “CCT”, omit “, including any such certificate awarded in pursuance of the competent authority functions of the Postgraduate Medical Education and Training Board specified in article 20(3)(a) of that Order”;
c
insert the following definitions after the definition of “health service body” —
“home oxygen order form” means a form provided by the Primary Care Trust and issued by a health care professional to authorise a person to supply home oxygen services to a patient requiring oxygen therapy at home;
“home oxygen services” means any of the following forms of oxygen therapy or supply —
ambulatory oxygen supply,
urgent supply,
hospital discharge supply,
long term oxygen therapy, and
short burst oxygen therapy;
; and
d
in the definition of “repeatable prescription” —
i
for “Prescription Pricing Authority”, substitute “Prescription Pricing Division of the NHS Business Services Authority”, and
ii
for “version 1 dated June 2004” substitute “version 2 dated August 2006”.
Amendment of regulation 5 of the PMS Agreements Regulations
6
In regulation 5 (general condition relating to all agreements) of the PMS Agreements Regulations, in paragraph (3)(i)(ii), after “Insolvency Act 1986” insert “or Schedule 2A to the Insolvency (Northern Ireland) Order 1989” .
Amendment of Schedule 5 to the PMS Agreements Regulations
7
In Schedule 5 (other contractual terms) to the PMS Agreements Regulations —
a
in paragraph 14 (application for inclusion in a list of patients) —
i
for sub-paragraph (4)(b), substitute —
b
on behalf of any adult who lacks the capacity to make such an application, or to authorise such an application to be made on their behalf, by a relative of that person, the primary carer of that person, a donee of a lasting power of attorney granted by that person or a deputy appointed for that person by the court under the provisions of the Mental Capacity Act 2005 .
, and
ii
in sub-paragraph (6)(b), for “incapable adult”, substitute “an adult who lacks capacity”;
b
in paragraph 16(3) (which relates to the refusal of applications for inclusion in the list of patients or for acceptance as a temporary resident), for “incapable adult”, substitute “an adult who lacks capacity”;
c
in paragraph 17(1)(a) (which relates to patient preference of practitioner), for “incapable adult”, substitute “an adult who lacks capacity”;
d
for paragraph 18(5)(b) (which relates to removal from the list at the request of the patient), substitute —
b
in the case of an adult patient who lacks the capacity to make the relevant request or receive the relevant advice, information or notification, a relative of that person, the primary carer of that person, a donee of a lasting power of attorney granted by that person or a deputy appointed for that person by the court under the provisions of the Mental Capacity Act 2005.
;
e
for paragraph 37(1) (which relates to prescribing), substitute —
37
1
The contractor shall ensure that —
a
any prescription form or repeatable prescription for drugs, medicines or appliances issued or created by a prescriber; and
b
any home oxygen order form issued by a health care professional,
complies as appropriate with the requirements in paragraphs 38, 38A and 40 to 43.
;
f
in paragraph 38 (which relates to prescribing) —
i
in sub-paragraph (1), after “Subject to” insert “sub-paragraph (1A) and to”,
ii
after sub-paragraph (1) insert —
1A
A health care professional shall order any home oxygen services which are needed for the treatment of any patient who is receiving treatment under the contract by issuing a home oxygen order form.
, and
iii
after sub-paragraph (3B), insert —
3C
A home oxygen order form shall be signed by a health care professional.
;
g
in paragraph 38A (electronic prescriptions) —
i
after sub-paragraph (1) insert —
1A
A health care professional may not order home oxygen services by means of an electronic prescription.
,
ii
in sub-paragraph (2), for “an adult incapable of nominating a dispenser”, substitute “an adult who lacks the capacity to nominate a dispenser”, and
iii
for sub-paragraph (2)(b), substitute —
in the case of an adult, that patient’s relative, primary carer, a donee of a lasting power of attorney granted by that person or a deputy appointed for that person by the court under the provisions of the Mental Capacity Act 2005.
;
h
in paragraph 45 (dispensing services: general), for “paragraph 49”, substitute “paragraphs 49 and 49A”;
i
for paragraph 49 (provision of dispensing services by Primary Care Trusts), substitute —
49
A Primary Care Trust may provide dispensing services to its registered patients under the agreement only if one or more of the medical practitioners performing services under the agreement is authorised or required to provide pharmaceutical services under regulation 60 of the Pharmaceutical Regulations (arrangements for provision of pharmaceutical services by doctors) and only to the extent of such authorisation or requirement.
;
j
after paragraph 49, insert —
Primary Care Trusts who have previously provided dispensing services with the consent of the Strategic Health Authority
49A
1
This paragraph (which shall cease to have effect on 30th October 2009) applies where a Primary Care Trust, immediately prior to 28th January 2008, was providing dispensing services to some or all of its patients under the agreement with the consent of the Strategic Health Authority.
2
In a case to which this paragraph applies the Primary Care Trust shall be regarded as providing such dispensing services in accordance with paragraph 49, and as though one or more of the medical practitioners performing services under the agreement were authorised or required to provide pharmaceutical services under regulation 60 of the Pharmaceutical Regulations (arrangements for provision of pharmaceutical services by doctors), to any patient —
i
to whom, immediately before 28th January 2008, the Primary Care Trust provided dispensing services with the consent of the Strategic Health Authority, and
ii
who wishes the Primary Care Trust to continue to provide him with such services.
;
k
for paragraph 66(2)(b) (which relates to the signing of documents), substitute —
b
any other clinical documents, apart from —
i
home oxygen order forms, and
ii
those documents specified in sub-paragraph (3).
;
l
in paragraph 87(b) (which relates to the making of complaints), for “is incapable of making a complaint”, substitute “lacks the capacity to make a complaint”;
m
in paragraph 105(3)(i)(ii) (which relates to termination by the relevant body on fitness grounds), after “Insolvency Act 1986” insert “or Schedule 2A to the Insolvency (Northern Ireland) Order 1989”;
n
in paragraphs 107(1) and (5) (which relate to termination by the relevant body: remedial notices and breach notices), for “specified in paragraphs 104 to 106” substitute “specified in paragraphs 104 to 106A”;
o
in paragraph 112(1) (which relates to clinical governance), after “effective system of clinical governance” insert “which shall include appropriate standard operating procedures in relation to the management and use of controlled drugs”; and
p
after paragraph 112 (clinical governance), insert —
112A
The contractor (other than a contractor which is a Primary Care Trust) shall co-operate with the Primary Care Trust in the discharge of any obligations of the Primary Care Trust or its accountable officer under the Controlled Drugs (Supervision of Management and Use) Regulations 2006 .
.
Amendment of Schedule 7 to the PMS Agreements Regulations
8
In Schedule 7 (modification of patient provisions where the contractor is a Primary Care Trust) to the PMS Agreements Regulations —
a
in paragraph 3(b), for “incapable adult” in the substituted paragraph 14(6), substitute “an adult who lacks capacity”; and
b
in paragraph 6, for the substituted paragraph 18(4)(b), substitute —
b
in the case of an adult patient who lacks the capacity to make the relevant request or receive the relevant advice, information or notification, a relative of that person, the primary carer of that person, a donee of a lasting power of attorney granted by that person or a deputy appointed for that person by the court under the provisions of the Mental Capacity Act 2005.
.
Signed by authority of the Secretary of State for Health
Ben Bradshaw
Minister of State
Department of health
11th December 2007


text:
Citation
1
This Order may be cited as the Traffic Management Act 2004 (Commencement No.6) (England) Order 2007.
Commencement of provisions
2
Sections 32, 37 and 39 of the Traffic Management Act 2004 shall come into force as respects England on 1st December 2007.
3
Sections 33 to 36 and 38 of the Traffic Management Act 2004 shall come into force as respects England on 1st April 2008.
Signed by authority of the Secretary of State for Transport
Rosie Winterton
Minister of State
7th November 2007
Department for Transport


text:
Citation and commencement
1
This Order may be cited as the Local Elections (Communities) (Welsh Forms) Order 2007 and shall come into force on 27 March 2007.
Revocation
2
The following Orders are revoked —
a
the Local Elections (Communities) (Welsh Forms) Order 1987 ; and
b
the Local Elections (Communities) (Welsh Forms) Order 2004 .
Interpretation
3
In this Order —
“the 2006 Rules ” means the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 ;
“community council election” means an election of councillors conducted under the 2006 Rules in Wales;
“elected mayor” has the same meaning as in section 39 of the Local Government Act 2000 ;
“European Parliamentary election” shall have the same meaning as in section 27(1) of the Representation of the People Act 1985 ;
“mayoral election” means an election conducted in accordance with rules made under section 44 of the Local Government Act 2000 for the return of an elected mayor;
“principal area election” means an election conducted under the Local Elections (Principal Areas) (England and Wales) Rules 2006 ;
“relevant election or referendum” means one or more of the following —
a Parliamentary election;
a European Parliamentary election;
a principal area election;
a mayoral election; and
a referendum,
the poll at which is taken together with the poll at a community council election; and
“referendum” means a referendum conducted in accordance with regulations made under section 45 of the Local Government Act 2000.
Welsh versions of forms of words
4
1
The following form of words: “PEIDIWCH A PHLEIDLEISIO DROS RAGOR NA(G)………..YMGEISYDD”, is prescribed as the form of words in Welsh for the words: “VOTE FOR NO MORE THAN ………..CANDIDATES”, which are specified in the forms of front of ballot paper in the Appendices to Schedules 2 and 3 to the 2006 Rules.
2
The form of words in Welsh prescribed by paragraph (1) shall be printed so that they appear immediately beneath the corresponding words in English on every ballot paper at a community council election.
Welsh and English version of the form of back of ballot paper
5
The form set out in Schedule 1 to this Order is prescribed as the version partly in Welsh and partly in English, of the form of back of ballot paper in the Appendices to Schedules 2 and 3 of the 2006 Rules, which must be used at any community council election.
Welsh versions of forms and a form of words for use at polls taken alone
6
Each of the forms listed in subparagraphs (a) to (e) and set out in Schedule 2 to this Order is prescribed as the Welsh version which may be used at a community council election in place of —
a
in the case of form 1, the questions set out in the table in rule 33 of the 2006 Rules;
b
in the case of form 2, the form of nomination paper set out in the Appendix to Schedule 2 to the 2006 Rules;
c
in the case of form 3, the form of candidate’s consent to nomination set out in the Appendix to Schedule 2 to the 2006 Rules;
d
in the case of form 4, the form of directions for the guidance of the voters in voting in the Appendix to Schedule 2 to the 2006 Rules; and
e
in the case of form 5, the form of declaration to be made by the companion of a voter with disabilities in the Appendix to Schedule 2 to the 2006 Rules.
Welsh and English versions of forms and a form of words for use at polls taken alone
7
1
Each of the forms listed in subparagraphs (a) to (h) and set out in Schedule 3 to this Order is prescribed as the version partly in Welsh and partly in English, of the forms in the Appendix to Schedule 2 to the 2006 Rules, which must be used at a community council election in place of —
a
in the case of form 1, the corresponding number list (L1);
b
in the case of form 2, the corresponding number lists (L2);
c
in the case of form 3, the form of postal voting statement;
d
in the case of form 4, the official poll card;
e
in the case of form 5, the official postal poll card;
f
in the case of form 6, the official proxy poll card;
g
in the case of form 7, the official proxy postal poll card; and
h
in case of form 8, form of certificate of employment.
2
Form 9 is prescribed as the form of words partly in Welsh and partly in English which must be used at a community council election in place of the words of the notice prescribed by rule 26(8) of Schedule 2 to the 2006 Rules.
Welsh versions of forms and a form of words for use at combined polls
8
Each of the forms listed in subparagraphs (a) to (e) and set out in Schedule 4 to this Order is prescribed as the Welsh version which may be used at a community council election which is taken together with the poll at a relevant election or referendum in place of —
a
in the case of form 1, the questions set out in the table in rule 33 of the 2006 Rules;
b
in the case of form 2, the form of nomination paper set out in the Appendix to Schedule 3 to the 2006 Rules;
c
in the case of form 3, the form of candidate’s consent to nomination set out in the Appendix to Schedule 3 to the 2006 Rules;
d
in the case of form 4, the form of directions for the guidance of the voters in voting in the Appendix to Schedule 3 to the 2006 Rules; and
e
in the case of form 5, the form of declaration to be made by the companion of a voter with disabilities in the Appendix to Schedule 3 to the 2006 Rules.
Welsh and English versions of forms and a form of words for use at combined polls
9
1
Each of the forms listed in subparagraphs (a) to (i) and set out in Schedule 5 to this Order is prescribed as the version partly in Welsh and partly in English, of the forms in the Appendix to Schedule 3 to the 2006 Rules, which must be used at a community council election taken together with the poll at a relevant election or referendum in place of —
a
in the case of form 1, the corresponding number list (M1);
b
in the case of form 2, the corresponding number lists (M2);
c
in the case of form 3, the form of postal voting statement (for use where there is a joint issue and receipt of postal ballot papers);
d
in the case of form 4, the form of postal voting statement (for use when a local government poll is combined with another poll but the postal ballot papers are not combined);
e
in the case of form 5, the official poll card;
f
in the case of form 6, the official postal poll card;
g
in the case of form 7, the official proxy poll card;
h
in the case of form 8, the official proxy postal poll card; and
i
in case of form 9, form of certificate of employment.
2
Form 10 is prescribed as the form of words partly in Welsh and partly in English, which must be used at a community council election taken together with a relevant election or referendum in place of the words of the notice prescribed by rule 26(8) of Schedule 3 to the 2006 Rules.
Variations
10
With the exception of form 1 in Schedules 2 and 4 to this Order, the forms prescribed by this Order may be used with such adaptations as the circumstances may require.
Signed on behalf of the Secretary of State
Bridget Prentice,
Parliamentary Under Secretary of State
Department for Constitutional Affairs
26th March 2007


text:
Citation
1
This Order may be cited as the Domestic Violence, Crime and Victims Act 2004 (Commencement No. 8) Order 2007.
Commencement
2
The following provisions of the Domestic Violence, Crime and Victims Act 2004 shall come into force on 1st April 2007 —
a
section 14 (surcharge payable on conviction);
b
section 58(1) (minor and consequential amendments) in so far as it relates to the provisions referred to in paragraph (c);
c
paragraphs 9 to 11, 30 , 49 to 53 and 63 of Schedule 10;
d
section 59 (transitional provisions) in so far as it relates to the provision referred in paragraph (e); and
e
paragraph 7 of Schedule 12.
Gerry Sutcliffe
Parliamentary Under Secretary of State
Home Office
5th March 2007


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Overseas Life Insurance Companies (Amendment) Regulations 2007 and shall come into force on 14th August 2007.
2
Subject to paragraph (3), these Regulations have effect in relation to periods of account beginning on or after 1st January 2007 which end on or after the date on which these Regulations come into force.
3
Regulation 14 has effect in relation to such periods of account only where the transfer of business or demutualisation concerned took place before 21st March 2007.
Amendments to the Overseas Life Insurance Companies Regulations 2006
2
The Overseas Life Insurance Companies Regulations 2006 are amended as follows.
Omission of regulation 4
3
Omit regulation 4 (modification of section 12 of the Income and Corporation Taxes Act 1988).
Amendment of regulation 5
4
1
Regulation 5 (modifications of section 76 of the Income and Corporation Taxes Act 1988) is amended as follows.
2
In paragraph (2), in the substituted subsection (3), for paragraph (b) substitute —
b
where the company is an EEA firm or a Treaty firm —
i
so much of the expenses included in item II.8 or 9(a) of the profit and loss account included in IAD accounts as are attributable to a permanent establishment in the United Kingdom through which the company carries on life assurance business; or
ii
so much of the expenses included in the income statement included in IAS accounts as are equivalent to expenses that would be included in item II.8 or 9(a) of the profit and loss account included in any IAD accounts and are so attributable;
.
3
Omit paragraph (4).
Amendment of regulation 6
5
1
Regulation 6 (modifications of section 431(2) of the Income and Corporation Taxes Act 1988) is amended as follows.
2
After paragraph (1) insert —
1A
In the definition of “foreign currency assets” for the words from “which — ” to the end substitute “which are denominated in a foreign currency and specified in a certificate given by a director of the company no later than three months after the end of the period of account as being all of the assets of the company’s long-term insurance fund which are held at that time during the period of account to enable the company to meet liabilities of its gross roll-up business which are denominated in that currency;”.
3
In paragraph (5) —
a
after the inserted definition of “IAD Accounts” insert —
“IAS accounts” means accounts prepared in accordance with international accounting standards;
;
,
b
in the inserted definition of “long-term insurance fund”, for the words from “means” to “in the technical account” substitute —
means —
the technical account for life assurance business of the company included in the IAD accounts; or
such part of the income statement as relates to as relates to the life assurance business of the company included in the IAS accounts;
and references to assets of the long-term insurance fund shall be read as references to assets from which any income or gain is or would be included in that technical account or income statement, and
, and
c
in the inserted definition of “periodical return”, after “the IAD accounts” insert “or the IAS accounts”.
Insertion of regulation 7A
6
After regulation 7 (modification of section 431D of the Income and Corporation Taxes Act 1988) insert —
7A
1
Modify section 431G (company carrying on life assurance business) as follows.
2
In subsection (1) after “life assurance business” insert “through a permanent establishment in the United Kingdom”.
3
In subsections (2) and (3)(a) and (b), after “life assurance business” insert “carried on through a permanent establishment in the United Kingdom”.
7B
In section 431H (company carrying on life assurance business and other insurance business), in subsection (1), after “any other kind” insert “through a permanent establishment in the United Kingdom”.
Amendment of regulation 8
7
In regulation 8 (modifications of section 432A of the Income and Corporation Taxes Act 1988), for paragraph (2) substitute —
2
In subsection (8)(b)(i) after “non-participating funds” insert “which are referable to the permanent establishment in the United Kingdom through which the company carries on life assurance business and”.
Amendment of regulation 9
8
1
Regulation 9 (modifications of section 432B of the Income and Corporation Taxes Act 1988) is amended as follows.
2
In paragraph (2), for “ in (both places” substitute “(in the first place”.
3
In paragraph (3), for sub-paragraphs (a) and (b) substitute —
a
in the case of an EEA firm or a treaty firm —
i
for “any company” substitute “any overseas life insurance company where the company is an EEA firm or a Treaty firm”, and
ii
for “in line 13 of Form 40 in the periodical return of the company” substitute (in both places) “in the profit and loss account included in the IAD accounts, or in the income statement included in the IAS accounts,”, and
.
Amendment of regulation 11
9
In regulation 11(3)(a) (modifications of section 440 of the Income and Corporation Taxes Act 1988), for “to (f)” substitute “and (d) to (f)”.
Amendment of regulation 12
10
In regulation 12(2)(b) (modifications of section 440A of the Income and Corporation Taxes Act 1988), for “(c) to” substitute “(d) and”.
Amendment of regulation 13
11
1
Regulation 13 (modifications of section 440B of the Income and Corporation Taxes Act 1988) is amended as follows.
2
In paragraph (a), in the substituted subsection (3), for “Section 440(1) and (2) have” substitute “Subsection (1) of section 440 has”.
3
In paragraph (b), in the substituted subsection (4) —
a
for “to (e)” substitute “, (d) and (e)”, and
b
for paragraph (a) substitute —
a
so many of the UK securities as are included in the company’s long-term insurance fund shall be treated for the purposes of corporation tax as a separate holding which is an asset of that fund,
.
Insertion of regulation 14A
12
After regulation 14 (modification of section 442A of the Income and Corporation Taxes Act 1988) insert —
14A
In section 444ABD (transferor’s period of account including transfer) , in subsection (1)(b), in a case where the transferor is an EEA firm or a Treaty firm, omit “line 32 of”.
Omission of regulation 18
13
Omit regulation 18 (modifications of Schedule 19AA to the Income and Corporation Taxes Act 1988).
Amendment of regulation 22
14
In regulation 22 (modifications of section 83 of the Finance Act 1989), omit paragraphs (3) and (4).
Insertion of regulation 22A
15
After regulation 22 insert —
22A
In section 83XA (structural assets) , in subsection (3), in the case of an EEA firm or a Treaty firm, for paragraph (a) substitute —
a
assets listed under 1 and 2 in C( II ) in Article 6 of the Council Directive of 19th December 1991 on the annual accounts and consolidated accounts of insurance undertakings ( No. 91/674/ EEC ) , and
.
Amendment of regulation 24
16
In regulation 24(2) (modifications of section 83A of the Finance Act 1989), in the inserted subsection (2A), after “the IAD accounts” insert “, or the income statement included in the IAS accounts,”.
Insertion of regulation 24A
17
After regulation 24 insert —
24A
In section 85A(6) (excess adjusted Case I profits) —
a
in paragraph (a), at the end insert “to the extent such income falls to be attributed, for the purposes of section 11AA(2) of that Act , to the permanent establishment in the United Kingdom through which the company carries on life assurance business”,
b
in paragraph (b), at the end insert “to the extent such gains fall to be attributed, for the purposes of section 11AA(2) of that Act, to the permanent establishment in the United Kingdom through which the company carries on life assurance business”.
Amendment of regulation 26
18
In regulation 26(6) (modifications of section 89 of the Finance Act 1989), in the inserted subsection (6A), after “the IAD accounts” insert “, or the income statement included in the IAS accounts,”.
Omission of regulation 33
19
Omit regulation 33 (modification of the Finance (No. 2) Act 1992).
Amendment of regulation 35
20
In regulation 35(2) (modification of paragraph 12(1)(d) of Schedule 9 to the Finance Act 1996), for ““by paragraph 6(9) of Schedule 19AC to that Act”” substitute “the words from “within the meaning” to “overseas life insurance company)””.
Amendment of regulation 36
21
In regulation 36 (modification of the Capital Allowances Act 2001), for paragraph (2) substitute —
2
In section 255 (apportionment of allowance and charges) , after subsection (1B) insert —
2
In its application to an overseas life insurance company, subsection (1A) has effect as if the references to liabilities were only to such liabilities as are attributable to the permanent establishment in the United Kingdom through which the company carries on the business concerned.
.
Omission of regulations 38 and 39
22
Omit —
a
regulation 38 (modifications of section 66 of the Finance Act 2002), and
b
regulation 39 (modifications of paragraph 10 of Schedule 22 to the Finance Act 2002).
Amendment of regulation 40
23
1
Regulation 40 (modifications of Schedule 26 to the Finance Act 2002) is amended as follows.
2
In paragraph (a)(ii), for “4.3.5 of the Integrated” substitute “3.2.5 of the Insurance”.
3
In paragraph (b), for ““by paragraph 6(9) of Schedule 19AC to that Act”” substitute “the words from “within the meaning” to the end”.
Amendment of regulation 41
24
In regulation 41 (modification of paragraph 89 of Schedule 29 to the Finance Act 2002), for ““by paragraph 6(9) of Schedule 19AC to that Act”” substitute “the words from “within the meaning” to “overseas life insurance company)””.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd July 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as The School Admissions (Co-ordination of Admission Arrangements) (England) Regulations 2007 and come into force on 27th February 2007.
2
Subject to paragraph (3) these Regulations apply only in relation to the arrangements under which pupils are to be admitted to maintained primary and secondary schools in England in the academic year 2008-2009 and subsequent years.
3
These Regulations do not apply to the Council of the Isles of Scilly.
Revocation of Regulations
2
The Regulations set out in Schedule 1 to these Regulations are revoked.
Interpretation
3
1
In these Regulations —
“the 1998 Act ” means the School Standards and Framework Act 1998;
“application”, in relation to arrangements made by a local education authority under section 86(1) of the 1998 Act, means a parent’s expression of a preference as to the school at which he wishes primary or, as the case may be, secondary education to be provided for his child in the exercise of the authority’s functions;
“authority” means the local education authority formulating a qualifying scheme in accordance with regulation 4 or, as the case may be, for whose area an imposed scheme has been, or is to be, made;
“the determination year” relating to any academic year means the year preceding the year in which the academic year commences;
“imposed scheme” means a scheme for co-ordinating the arrangements for the admission of pupils to primary schools or, as the case may be, secondary schools made by the Secretary of State under section 89B(2) of the 1998 Act and imposed in accordance with regulation 7;
“qualifying scheme” means a scheme for co-ordinating the arrangements for the admission of pupils to primary schools or, as the case may be, secondary schools in the local education authority’s area formulated by an authority pursuant to section 89B(1)(a) of the 1998 Act and these Regulations;
“qualifying primary scheme” and “qualifying secondary scheme” have the meanings given in regulation 4(1);
“school” means a community, foundation or voluntary school; and
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 .
2
Where an application for the admission of a child to a relevant age group at a primary school is submitted later than the date stipulated by a qualifying scheme (or, as the case may be, an imposed scheme), it shall be considered to have been submitted in the course of a normal admission round if —
a
the relevant admission authority for the school determine, in accordance with the school’s admission arrangements, the order of priority in which the application is ranked (or where the governing body are the admission authority for the school and have made arrangements for another body to determine the order of priority in which applications are ranked under paragraph 3(b) of Schedule 2, that body determines the order of priority in which the application is ranked); and
b
a determination relating to the application is made by an authority on or before the date designated by them in accordance with the provisions of regulation 8.
3
Where an application for the admission of a child to a relevant age group at a secondary school is submitted later than the date stipulated by a qualifying scheme (or, as the case may be, an imposed scheme), it shall be considered to have been submitted in the course of a normal admission round if —
a
the relevant admission authority for the school determine, in accordance with the school’s admission arrangements, the order of priority in which the application is ranked (or where the governing body are the admission authority for the school and have made arrangements for another body to determine the order of priority in which applications are ranked under paragraph 6(b) of Schedule 3, that body determines the order of priority in which the application is ranked); and
b
a determination relating to the application is made by an authority on or before the date prescribed by regulation 9(2).
Formulation of qualifying schemes
4
1
Subject to paragraphs (2) and (3), in relation to each academic year to which these Regulations apply, an authority must formulate a qualifying scheme in relation to each primary school in their area (a “qualifying primary scheme”), and a qualifying scheme in relation to each secondary school in their area (a “qualifying secondary scheme”).
2
A qualifying primary scheme must comply with the requirements in Schedule 2, and a qualifying secondary scheme must comply with the requirements in Schedule 3.
3
The duty in paragraph (1) to formulate a scheme does not apply where —
a
a qualifying scheme has been adopted in relation to an academic year by the authority and each governing body who are the admission authority for a primary school or, as the case may be, a secondary school in their area, and after reviewing the scheme the authority consider that it should again be adopted by themselves and each of those governing bodies in relation to the academic year immediately following; or
b
an imposed scheme has been made or has effect in relation to the preceding academic year and has not been revoked, and the authority, after reviewing the scheme, consider that the scheme should be adopted by themselves and each governing body who are the admission authority for a primary school or, as the case may be for a secondary school in their area in relation to the academic year immediately following.
Action to be taken by a local education authority to secure adoption of a qualifying scheme
5
1
This regulation prescribes for the purposes of section 89B(1)(b) of the 1998 Act the action to be taken by an authority with a view to securing the adoption of a qualifying scheme by themselves and each governing body who are the admission authority for a primary school or, as the case may be, a secondary school in their area.
2
Subject to paragraphs (3) and (4), an authority must formulate a qualifying primary scheme and a qualifying secondary scheme no later than 1st January in the relevant determination year.
3
The authority must refer a qualifying scheme which they propose should be adopted in their area to any Admission Forum established for that area under section 85A of the 1998 Act and must have regard to any advice or recommendations of the Forum.
4
After taking the action required by paragraph (3), the authority must consult the following about any proposed qualifying scheme, namely —
a
i
in respect of a proposed qualifying primary scheme, each governing body who are the admission authority for a maintained primary school in their area, or
ii
in respect of a proposed qualifying secondary scheme, each governing body who are the admission authority for a maintained school in their area; and
b
any other local education authority as the authority may determine.
5
The consultation pursuant to paragraph (4)(b) must be undertaken with a view in particular to securing that the arrangements for the admission of pupils to primary schools or, as the case may be, secondary schools in the areas of different local education authorities are, so far as is reasonably practicable, compatible with each other.
6
Once the authority have carried out any consultation required under this regulation they must determine the qualifying scheme (either in its original form or with such modifications as the authority think fit) which they propose should apply for the academic year in question and must take all reasonable steps to secure its adoption by themselves and each governing body they consulted in relation to it.
Information to be provided to the Secretary of State
6
Where, following the action required to be taken under regulation 5, an authority secure agreement to the adoption of a qualifying scheme, or where the authority adopt a scheme pursuant to regulation 4(3), they must inform the Secretary of State accordingly and provide the Secretary of State with a copy of the scheme.
Making of a scheme by the Secretary of State
7
1
In any case where by 15th April in the relevant determination year an authority have not informed the Secretary of State in accordance with regulation 6 that a scheme has been adopted in relation to each primary school or, as the case may be, each secondary school in their area —
a
an imposed primary scheme (or, as the case may be, an imposed secondary scheme) may be made, or
b
where an imposed scheme has been made or has effect in relation to the preceding year and has not been revoked, the Secretary of State may notify the authority that that scheme shall continue to have effect in relation to the academic year immediately following.
2
An imposed primary scheme may make provision corresponding to the requirements of a qualifying primary scheme, and an imposed secondary scheme may make provision corresponding to the requirements of a qualifying secondary scheme.
Date on which decisions in relation to primary school admissions are to be communicated to parents
8
1
Subject to paragraphs (3), (4) and (5), an authority must designate in accordance with section 89B(5)(a) of the 1998 Act, the single day in each year on which an authority’s determination in accordance with the provisions of a qualifying primary scheme to offer or refuse a child admission to a primary school in their area is to be communicated to a parent.
2
Paragraph (3) applies in any case where, in accordance with the scheme in question, children may be admitted to a relevant age group at a primary school pursuant to more than one normal admission round.
3
Where this paragraph applies an authority must designate, in relation to each additional normal admission round, the single day on which a determination referred to in paragraph (1) is to be communicated to a parent.
4
This regulation does not apply to applications made otherwise than in the course of a normal admission round.
Date on which decisions in relation to secondary school admissions are to be communicated to parents
9
1
Subject to paragraph (3), this regulation prescribes for the purposes of section 89B(5)(b) of the 1998 Act, the single day in each year on which an authority’s determination in accordance with the provisions of a qualifying secondary scheme or an imposed secondary scheme to offer or refuse a child admission to a secondary school in their area is to be communicated to a parent.
2
The prescribed day is 1 st March in the year following the relevant determination year except that, in any year in which that day is not a working day, the prescribed day is the next working day.
3
This regulation does not apply to applications made otherwise than in the course of a normal admission round.
Sections 496 and 497 of the Education Act 1996
10
Sections 496 and 497 of the Education Act 1996 applies to an authority or a governing body as if any of the obligations imposed on them under a qualifying scheme or an imposed scheme were duties imposed on them under that Act.
Jim Knight
Minister of State
Department for Education and Skills
29th January 2007


text:
Title, commencement and application
1
1
These Regulations may be cited as the Heather and Grass etc. Burning (England) Regulations 2007 and come into force on 1st October 2007.
2
These Regulations apply to England only.
Interpretation
2
In these Regulations —
“burning notice” has the meaning given to it in regulation 8(1);
“burning season” means —
in relation to land which is within an upland area, the period from 1st October in one year to 15th April in the following year, both dates inclusive; and
in relation to land which is not within an upland area, the period from 1st November in one year to 31st March in the following year, both dates inclusive;
“railway land” means land forming part of any operational railway;
“specified vegetation” means heather, rough grass, bracken, gorse or vaccinium;
“upland area” means all the land shown coloured pink (except land in the Isles of Scilly) in the three volumes of maps numbered 1 to 3, each volume being marked “Volume of maps of less-favoured farming areas in England”, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food .
Exclusion of land cultivated as private gardens or allotment gardens
3
These Regulations do not apply to land cultivated as private gardens or allotment gardens.
Exclusion from certain provisions of burning on railway land
4
Regulations 6(1)(b) to (e), 8 and 9 do not apply to the burning of any specified vegetation carried out on railway land by or under the authority of Network Rail or Transport for London.
Regulation of burning
5
1
A person must not commence the burning of any specified vegetation on any land between sunset and sunrise.
2
A person must not burn any specified vegetation on any land unless —
a
there are, where the burning is taking place, sufficient persons and equipment to control and regulate the burning during the entire period of the operation;
b
he takes, before starting burning and during the entire period of the operation, all reasonable precautions to prevent injury or damage to any adjacent land, or to any person or thing on that land.
Prohibition on burning except under licence
6
1
A person must not do any of the following except under (and in accordance with) a licence issued by Natural England under regulation 7 —
a
burn any specified vegetation outside the burning season;
b
burn, in a burning season, a single area, or two or more areas within 5 metres of each other with a combined area, of more than 0.5 hectares of specified vegetation —
i
which has a slope of more than 45 degrees; or
ii
where more than half of that area is covered by exposed rock or scree;
c
burn, in a single burn, an area of more than 10 hectares of specified vegetation;
d
burn, in a burning season, specified vegetation in a manner which exposes —
i
a single area, or two or more areas within 5 metres of each other with a combined area, of more than 0.5 hectares of bare soil; or
ii
an area of bare soil which —
aa
extends more than 25 metres along the bank of a watercourse; and
bb
is more than a metre wide at all points (for a continuous stretch of more than 25 metres), measured from the edge of the bank of the watercourse;
e
in connection with the burning of specified vegetation, leave soil smouldering for more than 48 hours.
2
In paragraph (1) —
a
“area of bare soil” means an area of soil of which no more than 2% is covered by vegetation or plant litter;
b
“watercourse” means any natural or artificial channel through which water flows, whether some or all of the time, including rivers, streams, ditches, grips, drains, cuts, culverts, dykes and sluices, but excluding mains and other pipes.
Provisions as to issuing or refusal of licences
7
1
A person may apply to Natural England for a licence permitting him to burn specified vegetation outside the burning season or in a manner otherwise prohibited by regulation 6(1).
2
Any application must be made in a manner specified by Natural England and must be made not less than 28 days before the date (or the first date if more than one) on which the applicant proposes to burn, and —
a
in the case of a burn (or burns) intended to take place during a burning season, not before the end of the preceding burning season; or
b
in the case of a burn (or burns) intended to take place outside a burning season, not more than 56 days before the date (or the last date if more than one) on which the applicant proposes to burn.
3
Natural England may grant a licence only if it is satisfied that the proposed burning is —
a
in the case of railway land, necessary or expedient for good maintenance of the land or for the purpose of pest control; or
b
in the case of all other land, necessary or expedient for —
i
the conservation, enhancement or management of the natural environment for the benefit of present and future generations; or
ii
the safety of any person.
4
If Natural England proposes —
a
not to issue a licence under paragraph (3);
b
to issue a licence in respect of only part of the land to which the application relates; or
c
to issue a licence subject to any conditions,
it shall notify the applicant in writing of its proposed decision and of the reasons for it.
Burning notices
8
1
If Natural England believes that specified vegetation has been burnt in contravention of these Regulations, it may serve a notice (a “burning notice”) on the occupier of the land concerned requiring him to notify Natural England, in the manner specified by Natural England in the burning notice, of any proposed burning of any specified vegetation on any land occupied by him from the date it is served.
2
A burning notice may not apply for more than two years from the date the notice is served.
Representations against burning notices
9
1
A person may make representations against a burning notice served on him to a person appointed for the purpose by the Secretary of State.
2
Any such representations must be made within 28 days of the date of the burning notice.
3
The appointed person must consider the representations and report in writing to the Secretary of State.
4
The Secretary of State must give written notice of his final determination and the reasons for it.
5
Where a person makes representations against a burning notice, the burning notice has effect until it is revoked by the Secretary of State, withdrawn by Natural England or its period expires.
Amendment of the Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005
10
The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005 are amended by substituting paragraph 17 of the Schedule with the following —
17
1
A farmer must not burn heather, rough grass, bracken, gorse or vaccinium unless —
a
there are, where the burning is taking place, sufficient persons or equipment to control and regulate the burning during the entire period of the operation;
b
he takes, before commencing burning and during the entire period of the operation, all reasonable precautions to prevent injury or damage to any adjacent land, or to any person or thing on that land.
2
A farmer must not burn heather, rough grass, bracken, gorse or vaccinium —
a
on land which is within an upland area, during the period within any year from 16th April to 30th September, both dates inclusive; or
b
on all other land, during the period within any year from 1st April to 31st October, both dates inclusive,
except under (and in accordance with) a licence issued by Natural England under regulation 7 of the Heather and Grass etc. Burning (England) Regulations 2007.
3
In sub-paragraph (2), “upland area” means all the land shown coloured pink (except land in the Isles of Scilly) in the three volumes of maps numbered 1 to 3, each volume being marked “Volume of maps of less-favoured farming areas in England”, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food.
Revocation
11
The following instruments are revoked in relation to England only —
a
the Heather and Grass etc. (Burning) Regulations 1986 ;
b
the Heather and Grass etc. (Burning) (Amendment) Regulations 1987 .
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
11th July 2007


text:
Citation, commencement, and transitional
1
These Regulations may be cited as the General Commissioners and Special Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 2007 and shall come into force on 28th January 2008.
2
Regulation 6 applies to proceedings commenced on or after the date when these Regulations come into force.
Amendment to the Special Commissioners (Jurisdiction and Procedure) Regulations 1994
3
1
The Special Commissioners (Jurisdiction and Procedure) Regulations 1994 are amended as follows.
2
In regulation 2 (interpretation) —
a
in the definition of proceedings omit the entry at (k) for any appeal to the Special Commissioners under regulation 14(4) of the Working Tax Regulations; and
b
omit the definition of Working Tax Regulations.
Amendment to the General Commissioners (Jurisdiction and Procedure) Regulations 1994
4
1
The General Commissioners (Jurisdiction and Procedure) Regulations 1994 are amended as follows.
2
In regulation 2 (interpretation) —
a
in the definition of proceedings omit the entry at (e) for any appeal to the General Commissioners under regulations 8(6) and 14(4) of the Working Tax Regulations; and
b
omit the definition of Working Tax Regulations.
5
After regulation 3 (listing and notice of hearing) insert —
3A
General power to give directions
1
A General Commissioner, before the hearing of any proceedings, and a Tribunal, at any time, may give directions to —
a
enable the parties to prepare for a hearing;
b
assist the Tribunal to determine the issues; or
c
ensure the just, expeditious and economical determination of the proceedings.
2
Directions may be given on the initiative of a Tribunal or a General Commissioner or on the application of a party.
3
An application by a party for directions, unless made during a hearing, must be made in writing to the Clerk.
4
Unless the application is accompanied by the written consent of all parties, the Clerk must serve the application on any other party who might be affected by the directions, and that party must be given an opportunity to oppose the application.
5
A party opposing an application must do so by notice in writing to the Clerk and any other party.
6
When considering any objections a General Commissioner or the Tribunal may give the parties an opportunity to be heard.
Preliminary hearing
3B
1
A General Commissioner may, on the application of a party or on the General Commissioner’s own initiative, hold a preliminary hearing to —
a
secure the just, expeditious and economical conduct of the proceedings;
b
ensure that the parties make all such admissions and agreements as ought reasonably to be made; and
c
determine any preliminary question of fact or law which appears to be in issue.
2
The Clerk shall give the parties not less than 14 days’ notice of the preliminary hearing, unless —
a
the parties consent to shorter notice; or
b
the General Commissioner thinks it is in the interests of justice for the notice to be shorter.
3
If the determination of the preliminary question substantially disposes of the proceedings, the Tribunal may, after hearing any representations from the parties, —
a
treat the preliminary hearing as the substantive hearing; and
b
make such order by way of disposing of the proceedings as necessary.
.
6
After regulation 24 (irregularities) insert —
24A
Penalty for failure to comply with direction
1
The Tribunal may impose a penalty against a party not exceeding £10,000 where the party fails to comply with any direction of a General Commissioner or Tribunal.
2
Paragraph (1) does not apply to notices served under regulation 10.
3
Where the Tribunal propose to impose a penalty against a party, it must allow that party an opportunity to make representations in writing before it imposes any penalty.
4
Any penalty determined by the Tribunal under these Rules shall for all purposes be treated as if it were tax charged in an assessment and due and payable.
.
Signed on behalf of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
15th December 2007
The Scottish Ministers consent to the making of these Regulations
Kenny MacAskill
Cabinet Secretary for Justice
A member of the Scottish Executive
20th December 2007


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 and shall come into force on 20th January 2008.
2
In this Order “the General Regulations” means the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 .
3
This Order applies only to England.
Guidelines
2
The guidelines given by the Secretary of State, as appropriate national authority for England, for the setting by enforcement authorities outside Greater London of the level of charges for parking contraventions are those set out in the Schedule.
Signed by authority of the Secretary of State for Transport
Rosie Winterton
Minister of State
Department for Transport
10th December 2007


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment (No.2) Regulations 2007 and shall come into force on 1st July 2007.
2
These Regulations apply in relation to England.
3
In these Regulations “the Charges Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000 .
Amendment of regulation 9 of the Charges Regulations
2
For regulation 9 of the Charges Regulations (pre-payment certificates), substitute the following —
9
1
Subject to paragraph (5), where a person applies to the Secretary of State for a pre-payment certificate and —
a
pays, or undertakes to pay by means of direct debit in ten monthly instalments, to the Secretary of State the sum payable for the pre-payment certificate as prescribed in paragraph (4); and
b
provides the Secretary of State with the information the Secretary of State requires to determine that application by —
i
duly completing and submitting an application for the pre-payment certificate on a form provided for the purpose; or
ii
providing the Secretary of State with that information in a manner that is acceptable to the Secretary of State,
the Secretary of State shall grant a pre-payment certificate to that person as soon as reasonably practicable after that person has fulfilled the condition set out in paragraph (6).
2
A pre-payment certificate shall be valid for a period of either 3 months or 12 months and an application for such a certificate shall indicate the period for which it is required to be valid.
3
A pre-payment certificate which is granted confers on the person to whom it is granted exemption as provided by regulation 7(1)(g) in respect of drugs and appliances supplied during the period for which it is valid.
4
The sum payable for a pre-payment certificate valid for 3 months shall be £26.85 and for a pre-payment certificate valid for 12 months shall be £98.70.
5
The Secretary of State may refuse to accept payment for a pre-payment certificate valid for 12 months by means of direct debit in ten monthly instalments, and refuse to grant such a certificate to a person, where that person —
a
has previously been granted a pre-payment certificate valid for 12 months payable by direct debit in ten monthly instalments;
b
has failed to pay in full the sum payable for that previously granted pre-payment certificate without good reason; and
c
has failed to return without good reason that previously granted pre-payment certificate to the Secretary of State within 28 days of the date on which the Secretary of State requested its return.
6
The condition referred to in paragraph (1) is that the person making an application for the pre-payment certificate in accordance with paragraph (1) has paid the Secretary of State —
a
in the case of a 3 month pre-payment certificate, £26.85;
b
in the case of a 12 month pre-payment certificate payable by means of a single instalment, £98.70; or
c
in the case of a 12 month pre-payment certificate payable by means of direct debit in ten monthly instalments, the first such instalment amounting to £9.87,
and the payment amount referred to for each type of pre-payment certificate in sub-paragraphs (a) to (c) is referred to in this regulation as “the issuing amount”.
7
A pre-payment certificate shall be valid —
a
from a date before the application is made, where that date —
i
was specified by the applicant when making the application; and
ii
is no more than one month prior to the date upon which the application was made under paragraph (1); or
b
from a date after the application is made, where that date —
i
was specified by the applicant when making the application; and
ii
is no more than one month after the date upon which the application was made under paragraph (1); or
c
if the applicant does not specify a date under sub-paragraphs (a)(i) or (b)(i), from the date upon which the application is received.
8
Where payment of the issuing amount in respect of a pre-payment certificate valid for 3 months or 12 months has been made under this regulation and, not more than one month after the date on which the pre-payment certificate became valid, the person in respect of whom payment was made —
a
dies; or
b
becomes resident in hospital and thereafter dies while resident in hospital before the expiry of the pre-payment certificate,
an application for repayment of the entirety of the sum payable for the pre-payment certificate which has already been paid may be made on behalf of that person’s estate in accordance with paragraphs (13) and (14).
9
Where payment of the issuing amount in respect of a pre-payment certificate valid for 12 months has been made under this regulation and during the period beginning with the date on which the pre-payment certificate became valid and ending with the date of its expiry, the person in respect of whom payment was made —
a
becomes a person to whom any of the provisions of regulation 7(1)(b) to (f) applies;
b
becomes a person entitled to remission under regulation 5 of the Travel Expenses and Remission of Charges Regulations; or
c
becomes resident in hospital and thereafter remains in hospital until the expiry of the pre-payment certificate,
an application for a refund may be made, by or on behalf of that person or his estate, in accordance with paragraphs (13) and (14), and calculated in accordance with paragraph (11), in respect of each complete month following the date on which one of the events listed in sub-paragraphs (a) to (c) above occurred.
10
Where payment of the issuing amount in respect of a pre-payment certificate valid for 3 months or 12 months has been made under this regulation and during the period beginning one month after the date on which the pre-payment certificate became valid and ending with the date of its expiry, the person in respect of whom payment was made —
a
dies; or
b
becomes resident in hospital and thereafter dies while resident in hospital before the expiry of the pre-payment certificate,
an application for a refund may be made on behalf of that person’s estate in accordance with paragraphs (13) and (14), and calculated in accordance with paragraph (11), in respect of each complete month following the date on which the person died or became resident in hospital.
11
The refund referred to in paragraphs (9) and (10) shall be calculated as follows —
a
in the case of a pre-payment certificate valid for 3 months, one third of £26.85 for each complete month during which the pre-payment certificate is or was valid following the relevant date;
b
in the case of a pre-payment certificate valid for 12 months where a person has paid for the pre-payment certificate by means of a single payment, one twelfth of £98.70 for each complete month during which the pre-payment certificate is or was valid following the relevant date;
c
in the case of a pre-payment certificate valid for 12 months where a person is paying for the pre-payment certificate in ten monthly instalments by means of direct debit either —
i
where the sum payable for the pre-payment certificate has been paid in full, one twelfth of £98.70 for each complete month during which the pre-payment certificate is or was valid following the relevant date; or
ii
where the sum payable for the pre-payment certificate has not been paid in full, the amount paid for the pre-payment certificate at the point of refund, minus £98.70, plus one twelfth of £98.70 for each complete month during which the pre-payment certificate is or was valid following the relevant date,
and for the purposes of these calculations, a “complete month” is a month beginning on the monthly anniversary of the date on which the pre-payment certificate became valid and ending on the date immediately preceding that date in the following month, “the relevant date” is the date on which one of the events listed in paragraphs (9)(a) to (c) or (10) (a) and (b) occurred, and if the calculations produce a minus figure for the refund, no refund will be payable.
12
Where payment of the issuing amount in respect of a pre-payment certificate valid for 3 months has been made under this regulation and not more than one month after the date on which the pre-payment certificate became valid, the person in respect of whom payment was made —
a
becomes a person to whom any of the provisions of regulation 7(1)(b) to (f) applies;
b
becomes a person entitled to remission under regulation 5 of the Travel Expenses and Remission of Charges Regulations; or
c
becomes resident in hospital and remains there until expiry of the pre-payment certificate,
an application for a refund of two thirds of £26.85 may be made by or on behalf of that person or his estate in accordance with paragraphs (13) and (14).
13
An application for a refund under this regulation shall be made to the Secretary of State and shall be accompanied by the pre-payment certificate (where granted) and a declaration in support of the claim and any repayment shall be made in such manner and subject to such conditions as the Secretary of State may determine.
14
An application for a refund under this regulation shall be made where the person in respect of whom the payment of the issuing amount was made —
a
dies or becomes resident in hospital and thereafter dies, within 24 months of the date of his death; or
b
becomes —
i
a person to whom any of the provisions of regulation 7(1)(b) to (f) applies; or
ii
a person entitled to remission under regulation 5 of the Travel Expenses and Remission of Charges Regulations,
within 3 months of the date on which he becomes a person falling within sub-paragraphs (i) or (ii); or
c
becomes resident in hospital and remains there until the expiry of the pre-payment certificate, within 3 months of the date of expiry.
.
Transitional provisions relating to regulation 9 of the Charges Regulations
3
1
Where an application for a pre-payment certificate made under regulation 9 of the Charges Regulations as they are immediately before these Regulations come into force is received prior to 1 st July 2007, but is not determined prior to 1 st July 2007, the Charges Regulations shall have effect in relation to that application and to the grant of any pre-payment certificate pursuant to that application as if these Regulations had not come into force.
2
Where, on or after 1 st July 2007 but prior to 1 st November 2007, a postal application for a pre-payment certificate valid for 4 months is received with payment of the sum of £34.65, that application shall be determined and, if appropriate, a pre-payment certificate valid for 4 months shall be granted in accordance with the Charges Regulations as if these Regulations had not come into force and the Charges Regulations shall have effect in relation to that pre-payment certificate, including any application for a refund of the sum paid for that pre-payment certificate, as if these Regulations had not come into force.
3
Where an application for a refund of the sum paid for a pre-payment certificate under the Charges Regulations is received prior to 1 st July 2007, but is not determined prior to 1 st July 2007, the Charges Regulations shall have effect in relation to that application as if these Regulations had not come into force.
4
Where, on or after 1 st July 2007, an application for a refund of the sum paid for a pre-payment certificate under the Charges Regulations is received in respect of a pre-payment certificate valid for 12 months which was granted pursuant to an application received prior to 1 st July 2007 and the application is made on the grounds that not more than one month after the date on which the pre-payment certificate became valid, the person in respect of whom the pre-payment certificate was granted —
a
became a person to whom any of the provisions of regulation 7(1)(b) to (f) of the Charges Regulations applied;
b
became a person entitled to remission under regulation 5 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 ;
c
died; or
d
became resident in hospital and thereafter —
i
died while resident in hospital before expiry of the pre-payment certificate; or
ii
remained in hospital until the expiry of the pre-payment certificate,
the Charges Regulations shall have effect in relation to that application as if these Regulations had not come into force.
5
Where, on or after 1 st July 2007, an application for a refund of the sum paid for a pre-payment certificate under the Charges Regulations is received in respect of a pre-payment certificate valid for 4 months which was granted pursuant to an application received prior to 1 st July 2007, the Charges Regulations shall have effect in relation to that application as if these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
Hunt
Minister of State
Department of Health
22nd May 2007


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Pay As You Earn) (Amendment No. 3) Regulations 2007, and shall come into force on 6th August 2007 immediately after the Income Tax (Pay as You Earn) (Amendment No. 2) Regulations 2007 .
Amendment of the Income Tax (Pay As You Earn) Regulations 2003
2
In the Income Tax (Pay As You Earn) Regulations 2003 , in regulation 97D(8) (time limits for issue of transfer notices), for “12 months” substitute “three months”.
Dave Hartnett
Mike Hanson
Two of the Commissioners for Her Majesty’s Revenue and Customs
2nd August 2007