text:
Citation and commencement
1
This Order may be cited as the East Kent Railway Order 2007 and shall come into force on 30th November 2007.
Interpretation
2
1
In this Order —
“the 1993 Order ” means the East Kent Light Railway Order 1993 ;
“electronic communications apparatus” has the same meaning as in the electronic communications code;
“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the Communications Act 2003 ;
“ Network Rail ” means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 736 of the Companies Act 1985 ) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;
“ the owner ” means BRB (Residuary) Limited;
“the railway” means the railway described in the Schedule together with all lands and works relating to it which —
are held by the owner at the date when this Order comes into force; or
were at any time vested in the former British Railways Board, and which at the date when this Order comes into force are owned by or leased to the undertaker, or otherwise occupied by the undertaker;
“the relevant date” means —
in relation to any part of the railway which at the date when this Order comes into force is owned by the owner, the date upon which that part is transferred by the owner to the Trust ;
in relation to any other part of the railway, the date when this Order comes into force;
“the Trust” means the East Kent Railway Trust, a company incorporated under the Companies Act 1985, whose registered number is 04294363 and whose registered office is at EKR Station, Station Road, Shepherdswell, Dover, Kent CT15 7PD; and
“the undertaker” means the Trust and following any sale, lease or underlease under article 5 (transfer of railway by undertaker) this expression shall mean or include the transferee within the meaning of that article.
2
Any enactment by which the construction and operation of the railway was authorised shall have effect subject to the provisions of this Order.
3
All distances, lengths, measurements and directions stated in any description of powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement and direction, and distances between points on a railway shall be taken to be measured along the railway.
Transfer of railway to undertaker
3
The owner and the undertaker may enter into and carry into effect agreements providing for the sale to and vesting in the undertaker of any part of the railway which is vested in the owner at the date when this Order comes into force on such terms and conditions as may be agreed between the owner and the undertaker.
Transfer of rights and obligations to undertaker, etc.
4
1
Except as may be otherwise provided in this Order, as from the relevant date —
a
the railway or any part of it shall continue to be subject to all statutory and other provisions applicable to it at that date (in so far as they are still subsisting and capable of taking effect); and
b
the undertaker shall, to the exclusion of the owner or, as the case may be, Network Rail —
i
be entitled to the benefit of, and to exercise, all rights, powers and privileges relating to the railway; and
ii
subject to paragraph (2), be subject to all obligations, statutory or otherwise, relating to the railway (in so far as they are still subsisting and capable of taking effect), to the intent that the owner or, as the case may be, Network Rail shall be released from all such obligations.
2
Sections 116 to 118 of the Transport Act 1968 shall, as from the relevant date, apply to the railway or the relevant part of it as if references to the British Railways Board were references to the undertaker.
Transfer of railway by undertaker
5
1
In this article —
“lease” includes an underlease and “lease” where used as a verb shall be construed accordingly;
“the transferor” means any person by whom the railway, or any part of it, is leased or sold under the powers conferred by this article;
“the transferee” means any person to whom the railway, or any part of it, is leased or sold under the powers conferred by this article; and
“the transferred undertaking” means so much of the railway as is leased or sold under the powers conferred by this article.
2
The undertaker may, with the consent of the Secretary of State, sell or lease the railway, or any part of it, to any person on such terms and conditions as may be agreed between the undertaker and that person.
3
Except as may be otherwise provided in this Order —
a
the transferred undertaking shall continue to be subject to all statutory and other provisions applicable to it at the date of the sale or lease (in so far as they are still subsisting and capable of taking effect); and
b
the transferee shall, to the exclusion of the transferor —
i
be entitled to the benefit of, and to exercise, all rights, powers and privileges relating to the transferred undertaking; and
ii
be subject to all obligations, statutory or otherwise, relating to the transferred undertaking (in so far as they are still subsisting and capable of taking effect), to the intent that the transferor shall be released from all such obligations.
4
Paragraph (3) shall have effect during the term of any lease granted, and from the operative date of any sale, under the powers conferred by this article.
Operation of railway
6
1
The undertaker may operate and use the railway as a system, or part of a system, of transport for the carriage of passengers and goods.
2
Subject to paragraphs (3) and (4), the motive power to be used on the railway shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may in writing approve.
3
Nothing in this Order shall authorise the use of electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in, and carried along with, the engines and carriages.
4
If electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause, or be likely to cause, any interference with any electronic communications apparatus or with the use of such apparatus.
5
Nothing in this Order, or in any enactment incorporated with or applied by this Order, shall prejudice or affect the operation of Part 1 of the Railways Act 1993 or section 5 of the Regulation of Railways Act 1889 .
Safety of approved works, etc.
7
1
This article applies where approval has been obtained under regulations made under section 41 of the 1992 Act (approval of works, plant and equipment) from a specified authority with respect to any works, plant or equipment (including vehicles) forming part of the railway.
2
The works, plant and equipment as mentioned in paragraph (1) shall not be used in a state or condition other than that in which they were at the time when the approval was given unless any change to their state or condition does not materially impair the safe operation of the railway.
3
If without reasonable cause the provisions of paragraph (2) are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by, or with the consent of, a specified authority or the Director of Public Prosecutions.
Amendment and revocation
8
1
As from the relevant date —
a
so much of the 1993 Order as is not revoked by this Order shall have effect as if references to the Society were references to the undertaker; and
b
the provisions of the 1993 Order mentioned in paragraph (2) shall be revoked.
2
The provisions of the 1993 Order referred to in paragraph (1) are —
a
Paragraphs (2), (3) and (4) of article 3 (Incorporation of General Acts);
b
Article 4 (Transfer of rights etc. in the Railway to the Society);
c
Article 5 (Gauge of the Railway and motive power);
d
Article 6 (Restrictions as to conveyance of passengers).
Signed by authority of the Secretary of State for Transport
Ellis Harvey
Head of the Transport and Works Act Orders Unit,
Department for Transport
9th November 2007


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Employment Income (Meaning of Securities) Order 2007 and shall come into force on 14th August 2007.
Amendment of section 420 of the Income Tax (Earnings and Pensions) Act 2003
2
In section 420(1) of the Income Tax (Earnings and Pensions) Act 2003 —
a
omit the word “and” at the end of paragraph (f),
b
at the end of paragraph (g) insert “, and”, and after paragraph (g) insert —
h
arrangements falling within section 48A of the Finance Act 2005 (alternative finance arrangements: alternative finance investment bond).
.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd July 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Civil Aviation (Contributions to the Air Travel Trust) Regulations 2007 and, subject to paragraphs (2) and (3), come into force on 1st April 2008.
2
The following regulations come into force on 14th November 2007 —
a
regulation 5(1);
b
regulations 6(1) and 6(2);
c
regulations 9(1) and 9(2);
d
regulation 14; and
e
to the extent required for the purposes of sub-paragraphs (a) to (d) and paragraph (3), regulations 12(3), 15, 16 and 19.
3
Regulation 8(1) comes into force on 1st January 2008.
2
1
In these Regulations–
“ ATOL Regulations ” means the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 1995 ;
“end user” means a person who either —
makes use of flight accommodation for travel in person; or
without accepting any payment, provides flight accommodation to another person who uses that flight accommodation for travel in person;
“flight accommodation” means accommodation for the carriage of a person on a flight by an aircraft (whether or not registered in the United Kingdom) in any part of the world;
“ LIBOR ” means the rate at which three month sterling deposits are offered between leading banks in the London inter-bank market;
“licence” means an air travel organiser’s licence granted by the CAA under the ATOL Regulations;
“the operative date” means the date specified in regulation 1(1);
“the prescribed consultation requirements” means the requirements set out in regulation 15(1);
“passenger” excludes a child below the age of two who is not allocated a separate seat before boarding the aircraft;
“payment period” means a period determined in accordance with regulation 6;
“publish” means publish in accordance with regulation 16;
“quarter” means a period of three months commencing on 1st January, 1st April, 1st July and 1st October;
“relevant booking” means an offer —
made by an end user to purchase flight accommodation for one or more persons on a flight; and
which is accepted by an air travel organiser and constitutes an activity in respect of which that organiser is required to hold a licence;
“rate of contribution” means a rate of contribution determined in accordance with regulation 5;
“ SBA ” means a licence (a Small Business ATOL) which authorises the holder to accept relevant bookings which include not more than 500 passengers; and
“SBA renewal” means a SBA which commences within six weeks of the expiry of a previous licence, provided that the previous licence expired after the operative date.
2
Any period of time specified in these Regulations by reference to days or months is exclusive of the first day and inclusive of the last day, unless the last day falls on —
a
a Saturday, Sunday, Christmas Day or Good Friday; or
b
any day appointed by law to be a bank holiday in any part of the United Kingdom,
in which case the period is exclusive of that day also.
Contributions to the Air Travel Trust
3
Subject to regulations 13 and 14, a person who applies for and who is granted a licence which commences on or after the operative date must make contributions to the Air Travel Trust in accordance with these Regulations.
Factors by reference to which contributions to the Air Travel Trust are to be calculated
4
Subject to regulation 8(1), the contributions to the Air Travel Trust payable by an applicant for or holder of a licence are calculated by reference to the number of passengers included in relevant bookings under the licence.
Setting the rates by reference to which contributions are to be calculated
5
1
The CAA must from time to time, after complying with the prescribed consultation requirements and with the approval of the Secretary of State, determine and publish —
a
the rate of contribution for the purposes of each of regulations 7 and 8; and
b
the date on which that rate comes into force.
2
The date on which a rate of contribution comes into force must not be earlier than the expiration of a period of four weeks beginning with the date of publication.
Payment period
6
1
The CAA must from time to time, after complying with the prescribed consultation requirements, determine and publish —
a
the payment period applicable to any description or class of licence holder;
b
the date on which the application of the payment period commences.
2
A payment period must be either one quarter or one month.
3
If the CAA has determined that the payment period applicable to any description or class of licence holder is one quarter, the CAA may in the circumstances described in paragraph (4) determine that the payment period applicable to a particular licence holder falling within that description or class is one month.
4
The circumstances referred to in paragraph (3) are that the licence holder is in breach of or appears to the CAA likely to breach any term of the licence.
5
If the CAA —
a
has determined in accordance with paragraph (3) that the payment period applicable to any particular licence holder is one month; and
b
is satisfied that the circumstances described in paragraph (4) no longer apply,
the CAA may determine that the payment period applicable to that licence holder is one quarter.
6
The date on which the application of a payment period commences shall not be earlier than the expiration of a period of four weeks beginning with the date of publication.
Contributions by holders of a licence (other than a SBA)
7
The holder of a licence (other than a SBA) must within six weeks of the end of each payment period pay to the CAA (or to such other person as the CAA may direct) the sum resulting from multiplying —
a
the number of passengers included in relevant bookings under the licence during that payment period; by
b
the rate of contribution in force at the beginning of that payment period.
Contributions by applicants for and holders of a SBA
8
1
An applicant for a SBA (other than a SBA renewal) must pay to the CAA (or to such other person as the CAA may direct), prior to the date of grant of the SBA, the sum calculated by multiplying —
a
the number of passengers authorised to be included in relevant bookings under the SBA; by
b
the rate of contribution in force on the date on which the SBA commences.
2
Within six weeks of the date of commencement of a SBA renewal, the holder of that SBA must pay to the CAA (or to such other person as the CAA may direct) the sum calculated by multiplying —
a
the number of passengers included in all relevant bookings made during the period of the immediately preceding SBA; by
b
the rate of contribution in force on the date of commencement of the SBA renewal.
Supplemental requirements
9
1
Without limiting the duties set out in regulations 7 and 8, an applicant for or the holder of a licence must provide to the CAA, if the CAA from time to time so requires of that person —
a
an undertaking to pay contributions in accordance with the duty set out in regulation 7 or regulation 8; and
b
if the CAA has reason to believe that that person may not discharge any such duty, in whole or in part, security for the duty to pay the whole or any part of such contributions (which may include a payment in advance);
in each case, in such form and on such terms (or, in the case of a payment in advance, of such amount) as the CAA may determine to be appropriate.
2
A person who is required to provide an undertaking or security pursuant to paragraph (1) must comply with the terms of that undertaking or security.
Reimbursement by the CAA
10
Where the CAA is satisfied that an applicant for, holder of or former holder of a licence has paid more than the sums properly payable under these Regulations or where the CAA considers in all the circumstances that it would be equitable so to do, the CAA may reimburse any such persons, or credit any such persons with amounts paid by them by way of contributions.
Recovery of contributions and interest on late payments
11
1
Any sum due in respect of a contribution payable under these Regulations may be recovered by the CAA as a civil debt due to the Air Travel Trust in any court of competent jurisdiction.
2
The CAA may in addition recover interest on any such sum from the date on which it was due for payment at two percentage points above the LIBOR rate as at such date.
CAA to act as agent of the trustees of the Air Travel Trust
12
1
When collecting, recovering or reimbursing contributions payable or paid under these Regulations, the CAA acts as the agent of the trustees of the Air Travel Trust.
2
The trustees of the Air Travel Trust must accept any such contributions.
3
The Air Travel Trust must reimburse the CAA for any expenses incurred in performing any of the functions conferred on it by or under these Regulations.
Suspension of contributions
13
1
The CAA may, after complying with the prescribed consultation requirements and with the approval of the Secretary of State, suspend the requirement to make contributions in respect of any period, either generally or in relation to any description or class of persons.
2
The CAA must publish details of any such suspension.
Exemptions
14
1
The CAA may exempt from the need to comply with these Regulations any person or description or class of persons specified in the exemption, to such extent and subject to such conditions as the CAA, after consulting with the Secretary of State, thinks fit.
2
The CAA may vary or revoke any such exemption after consulting with the Secretary of State.
3
The CAA must publish any such exemption, variation or revocation.
Prescribed consultation requirements
15
1
Where the CAA is required by any of these Regulations to comply with the prescribed consultation requirements, the CAA must consult —
a
the trustees of the Air Travel Trust;
b
licence holders; and
c
persons appearing to the CAA to represent licence holders.
2
If, during the 12 months prior to the day upon which any of these Regulations comes into force, any consultation was undertaken which, had it been undertaken after that day, would to any extent have satisfied the requirements set out in paragraph (1), those requirements are to that extent to be taken to have been satisfied.
Manner of publication by the CAA
16
1
Any notice or other matter required by these Regulations to be published must be published by the CAA in its Official Record.
2
Where the CAA is required to publish anything in its Official Record, it may do so electronically or otherwise.
Supply of false information
17
1
The persons specified in paragraph (2) must not, for the purpose of paying less than is due in accordance with regulation 7 or 8, knowingly or recklessly supply to the CAA any information which is false in any material particular.
2
The persons referred to in paragraph (1) are —
a
the holder of a licence; and
b
an applicant for a licence.
Offences and penalties
18
1
Any person who contravenes regulation 17 will be guilty of an offence and liable on summary conviction to a fine not exceeding Level 5 on the standard scale.
2
Where an offence under paragraph (1) has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any —
a
director;
b
manager;
c
secretary;
d
other similar officer of the body corporate; or
e
any person who was purporting to act in any such capacity,
he as well as the body corporate will be guilty of that offence and liable to be proceeded against and punished accordingly.
3
Where the affairs of a body corporate are managed by its members, paragraph (2) will apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
Where a limited partnership is guilty of an offence under paragraph (1) and the offence is proved to have been committed with the consent or the connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership will be guilty of that offence and liable to be proceeded against and punished accordingly.
Power to refuse to grant a licence or to revoke a licence etc
19
The ATOL Regulations are amended by inserting —
a
after regulation 6(2)(b) —
c
The Authority may refuse to grant a licence (or a variation to a licence) if the Authority, after complying with the procedure prescribed in regulation 9 of these Regulations, is not satisfied that the applicant has complied with any of regulations 7, 8 or 9 of the Civil Aviation (Contributions to the Air Travel Trust) Regulations 2007 .
;
b
after regulation 7(3)(b) —
c
The Authority may revoke, suspend or vary a licence (whichever the Authority thinks appropriate in the circumstances) if the Authority, after complying with the procedure prescribed in regulation 9 of these Regulations, is not satisfied that the holder has complied with any of regulations 7, 8 or 9 of the Civil Aviation (Contributions to the Air Travel Trust) Regulations 2007.
.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
19th October 2007


text:
Citation and commencement
1
1
This Order may be cited as the Brighton West Pier Harbour Revision Order 2007 and shall come into force on 30th May 2007.
2
The Brighton West Pier Acts and Orders 1866 to 1979 and this Order may be cited together as the Brighton West Pier Acts and Orders 1866 to 2007.
Interpretation
2
In this Order —
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“the existing pier enactments” means the Brighton West Pier Acts and Orders 1866 to 1979;
“the pier” means the Brighton West Pier as constructed by the former Brighton West Pier Company or their predecessors in title and the land, buildings, works, plant, property and conveniences connected therewith; and includes any reconstruction thereof carried out from time to time by or on behalf of the Trust , pursuant to the powers conferred by the existing pier enactments; and
“the Trust” means the Brighton West Pier Trust.
Charges and conditions for entry on pier
3
1
In addition to the power to demand, take and recover ship, passenger and goods dues under section 26 of the Harbours Act 1964, the Trust may, subject to paragraph (2), demand, take and recover from persons entering and using the pier such other charges, and may impose such conditions for entry, as the Trust may from time to time determine.
2
The additional powers conferred by paragraph (1) shall not be exercisable in relation to passengers entering or leaving the pier by means of a vessel using the pier.
Power to lease etc.
4
1
For the purposes of this Order and the existing pier enactments, the Trust may at any time lease or grant either or both —
a
the use or occupation of the pier; or
b
the power to demand, take and recover the charges exigible under article 3;
for such period or periods and on such terms and conditions as may be agreed between the Trust and the persons taking the same.
2
A lease or grant made or given under paragraph (1) may include provisions delegating to the lessee or grantee the performance of any of the functions of the Trust other than those specified in sub-paragraphs (a) to (f) of paragraph 9B of Schedule 2 to the Harbours Act 1964.
Byelaws
5
1
In addition to the byelaws which may be made by the Trust under section 83 of the Act of 1847 or any other enactment contained in the existing pier enactments, the Trust may make byelaws for the good rule and government of the pier.
2
Byelaws made under this article or under the existing pier enactments may be expressed to be applicable to all or any part of the pier.
3
Section 236(3) to (8) and section 238 of the Local Government Act 1972 shall apply to all byelaws made by the Trust under this article or under the existing pier enactments.
4
In its application to byelaws made by the Trust under this article or under the existing pier enactments, section 236(7) of the Local Government Act 1972 shall, subject to paragraph (6), be construed as if it had been amended by the insertion of the words “with or without modifications” after the word “confirm” in the second place where that word occurs.
5
The confirming authority for the purposes of this article and of section 236 of the Local Government Act 1972 in its application to byelaws made by the Trust shall be the Secretary of State.
6
Where the Secretary of State proposes to make a modification which appears to him to be substantial —
a
he shall inform the Trust and require it to take any steps he thinks necessary for informing persons likely to be concerned by that modification; and
b
he shall not confirm the byelaws until there has elapsed such a period as he thinks reasonable for the Trust and other persons who have been informed of the proposed modification to consider and comment upon it.
7
Byelaws made by the Trust under this article or under the existing pier enactments may contain provisions imposing upon a person offending against any such byelaw a fine on summary conviction not exceeding level 3 on the standard scale.
8
Byelaws made under this article or under the existing pier enactments may provide that, in proceedings for an offence against any such byelaw, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised due diligence to avoid the commission of the offence.
Crown rights
6
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown, and in particular and without prejudice to the generality of the foregoing nothing in this Order shall authorise the Trust or any lessee or licensee of the Trust to take, use, enter upon or in any manner interfere with any land or interest in land or any rights of whatsoever description (including any portion of the shore or bed of the sea) —
a
belonging to Her Majesty in right of the Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Saving for Brighton and Hove City Council
7
Nothing in this Order shall prejudice or derogate from any functions of Brighton and Hove City Council.
Saving for Trinity House
8
Nothing in this Order shall prejudice or derogate from any of the rights or privileges or the jurisdiction or authority of the Corporation of Trinity House of Deptford Strond.
Repeals
9
The enactments mentioned in the first and second columns of the Schedule to this Order are repealed to the extent specified in the third column of that Schedule.
Signed by authority of the Secretary of State for Transport
Phil Carey
Head of Ports Division
Department for Transport
9th May 2007


text:
1
This Order may be cited as the A1 Trunk Road (A151/B676 Junction and B6403 Junction Improvements Colsterworth) (Detrunking) Order 2007 and shall come into force on 16 February 2007.
2
In this Order —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instruments which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the plan” means the plan folio consisting of the key plan and the site plan, numbered “HA 10/MP/061” and titled “The A1 Trunk Road (A151/B676 Junction and B6403 Junction Improvements Colsterworth) (Detrunking) Order 2007” signed by authority of the Secretary of State for Transport, DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
iv
“the new trunk roads” means the new highway defined in article 2(2) of the A1 Trunk Road (A151/B676 Junction and B6403 Junction Improvements Colsterworth) Order 2007; and
v
“the trunk road” means the London to Edinburgh Trunk Road (A1).
3
The lengths of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies Lincolnshire County Council that the new trunk roads are open for traffic.
Signed by authority of the Secretary of State for Transport
I Scholey
A Divisional Director Highways Agency
30 January 2007


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Water Resources Management Plan Regulations 2007 and come into force on 1st April 2007.
2
These Regulations extend to England and Wales.
3
In these Regulations —
“ the Act ” means the Water Industry Act 1991; and
“draft water resources management plan” means a draft water resources management plan sent to the Secretary of State or the National Assembly for Wales in accordance with section 37B(1) of the Act.
4
References in these Regulations to “the Secretary of State or the National Assembly for Wales” mean, in relation to a water undertaker whose area is wholly or mainly in Wales, the National Assembly for Wales, and in all other cases, the Secretary of State.
Publication of draft water resources management plans
2
1
A draft water resources management plan published in accordance with section 37B(3)(a) of the Act shall be published both in paper form and on a website.
2
The persons to whom a water undertaker shall send a copy of the published draft water resources management plan and accompanying statement in accordance with section 37B(3)(c) of the Act are —
a
those bodies and persons specified in section 37A(8) of the Act;
b
any regional development agencies, established under the Regional Development Agencies Act 1998 , in the water undertaker’s area;
c
if the water undertaker’s area includes any part of England, any elected regional assembly, established under an enactment following a referendum held under section 1 of the Regional Assemblies (Preparations) Act 2003 , in the water undertaker’s area or that part of its area which is in England;
d
all local authorities (except the council of any parish or community), as defined in section 270(1) of the Local Government Act 1972 , in the water undertaker’s area;
e
any National Park authorities established under section 63 of the Environment Act 1995 for any part of the water undertaker’s area;
f
if the water undertaker’s area includes any part of the Broads, as defined in section 2(3) of the Norfolk and Suffolk Broads Act 1988 , the Broads Authority;
g
if the water undertaker’s area includes any part of England, Natural England and the Historic Buildings and Monuments Commission for England;
h
if the water undertaker’s area is mainly but not wholly in Wales, the Secretary of State;
i
if the water undertaker’s area includes any part of Wales, the Countryside Council for Wales and Cadw, being the executive agency responsible for carrying out the functions vested in the National Assembly for Wales relating to the historic environment;
j
if the water undertaker’s area includes any part of Wales, but is not wholly or mainly in Wales, the National Assembly for Wales;
k
if the water undertaker abstracts water in Wales, but its area does not include any part of Wales, the National Assembly for Wales;
l
any navigation authority, exercising functions in relation to any canal or other inland navigation which is wholly or partly in the water undertaker’s area;
m
any other water undertaker —
i
which supplies water to, receives water from, or shares a water resource with, the water undertaker;
ii
whose water resources are identified by the water undertaker, in its draft water resources management plan, as a possible supply; or
iii
which is identified by the water undertaker, in its draft water resources management plan, as a potential partner for the development of new water resources; and
n
the Consumer Council for Water.
Publication of statement accompanying draft water resources management plans
3
Where a water undertaker publishes a statement accompanying the draft water resources management plan in accordance with section 37B(3)(b) of the Act, it shall specify in the statement that any person making representations —
a
to the National Assembly for Wales, must send a copy of those representations to the Secretary of State if those representations are made in response to a draft water resources management plan sent to the National Assembly of Wales in accordance with regulation 2(2)(j) or (k); and
b
to the Secretary of State, must send a copy of those representations to the National Assembly for Wales if those representations are made in response to a draft water resources management plan sent to the Secretary of State in accordance with regulation 2(2)(h).
Representations received by the Secretary of State or the National Assembly for Wales
4
1
A water undertaker shall, in relation to any representations received by the Secretary of State or the National Assembly for Wales and sent to that undertaker in accordance with section 37B(4) of the Act, prepare a statement detailing —
a
the consideration that it has given to those representations;
b
any changes that it has made to the draft water resources management plan as a result of its consideration of those representations and its reasons for doing so; and
c
where no change has been made to the draft water resources management plan as a result of its consideration of any representation, the reason for this.
2
The water undertaker shall —
a
publish the statement in paper form and on its website; and
b
send a copy of the statement to any person who has made representations in writing in relation to the draft water resources management plan to the Secretary of State or the National Assembly for Wales in accordance with section 37B(4) of the Act.
Inquiries
5
1
The Secretary of State or the National Assembly for Wales may cause an inquiry or other hearing to be held in connection with a draft water resources management plan.
2
Where the Secretary of State or the National Assembly for Wales causes an inquiry or other hearing to be held in accordance with paragraph (1), subsections (2) to (5) of section 250 of the Local Government Act 1972 shall apply to such inquiry or other hearing as they apply to inquiries under that section, except that for any reference in that section to a “local authority” there shall be read instead a reference to the water undertaker whose draft water resources management plan is the subject of the inquiry or other hearing.
Publication
6
A water resources management plan published in accordance with section 37B(8)(a) of the Act shall be published both in paper form and on a website.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 ,
Dafydd Ellis-Thomas
The Presiding Officer of the National Assembly
6th March 2007
Ian Pearson
Minister of State
Department for Environment, Food and Rural Affairs
7th March 2007


text:
Citation and commencement
1
This Order may be cited as the New Woodlands School Order 2007 and comes into force on 1st October 2007
Interpretation
2
In this Order —
“the 1996 Act ” means the Education Act 1996 ;
“the 2001 Regulations ” means the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 ;
“the 2006 Regulations ” means the Education (Pupil Registration) (England) Regulations 2006 ;
“the authority” means the Council of the London Borough of Lewisham; and
“the School” means the community special school known as New Woodlands School and located at Shroffold Road, Downham, Bromley, Kent, BR1 5PD.
Relaxation of requirements for admission to a special school
3
The requirements in the following provisions are, in relation to the authority, and the governing body and the head teacher of the School, relaxed —
a
in paragraph (c) of section 316A(2) of the 1996 Act, the requirement for there to be a change in the child’s circumstances before a child with special educational needs can be admitted to a special school with the agreement of the persons referred to in that paragraph thereby relaxing the requirement in section 316 of that Act for him to be educated in a mainstream school;
b
in sub-paragraph (c) of regulation 12A(1) of the 2001 Regulations, the requirement for there to be a change in the child’s circumstances before a child can be admitted to a maintained special school with the agreement of the persons referred to in that sub-paragraph.
Modification
4
In relation to any other local education authority that —
a
maintain in respect of a pupil a statement of special educational needs made under Part IV of the 1996 Act which either specifies the School, or specifies provision of a description provided at the School; or
b
have made arrangements for the provision of suitable education at school for a pupil under section 19 of the 1996 Act resulting in the attendance of such a pupil at the School,
paragraph (c) of section 316A(2) of the 1996 Act and sub-paragraph (c) of regulation 12A(1) of the 2001 Regulations, as they apply to the admission of that pupil to the School, are modified so that they have effect as if “following a change in his circumstances,” were omitted.
5
In its application to the governing body of the School and the proprietor of any other school which is a qualifying body at which a registered pupil at the School is also a registered pupil, regulation 8 of the 2006 Regulations is modified so that it has effect as if —
a
at the beginning of each of sub-paragraphs (b) and (c) of paragraph (1), there were inserted “subject to paragraph (1A)”; and
b
after paragraph (1) there were inserted the following paragraph —
(1A) Nothing in sub-paragraphs (b) or (c) of paragraph (1) permits the deletion of the name of a pupil from the admission register of a school (other than New Woodlands School) which is a qualifying body within the meaning of Part 1 of the Education Act 2002, on the ground that the pupil has been or is registered as a pupil at New Woodlands School, unless the proprietors of that school and New Woodlands School, the local education authority responsible for the pupil and the pupil’s parent have agreed that the pupil’s name should be so deleted.
.
6
In its application to the governing body of the School, regulation 8(1) of the 2006 Regulations is modified so that it has effect as if after sub-paragraph (c) there were inserted the following sub-paragraph —
ca
that 12 months have elapsed since the admission of a pupil to New Woodlands School, where the pupil has been admitted pursuant to sub-paragraph (1)(c) of regulation 12A of the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 as modified by the New Woodlands School Order 2007, that is to say, without there being a change in his circumstances;
.
7
In relation to the authority, or any other local education authority that —
a
maintain a statement of special educational needs made under Part IV of the 1996 Act which either specifies the School, or specifies provision of a description provided at the School; or
b
have made arrangements for the provision of suitable education at school for a pupil under section 19 of the 1996 Act resulting in the attendance of such a pupil at the School,
paragraph (3) (review of admission to a maintained special school) of regulation 12A of the 2001 Regulations is modified, as it applies to registered pupils at the School, so that it has effect as if for “at the end of every term” there were substituted “within the period of 12 months beginning with the date of admission and at least once within each subsequent 12 month period.”.
Time period
8
This Order has effect until 30th September 2010.
Jim Knight
Minister of State
Department for Children, Schools and Families
26th August 2007


text:
Citation
1
This Order may be cited as the International Mutual Administrative Assistance in Tax Matters Order 2007.
Mutual administrative assistance arrangements to have effect
2
It is declared that —
a
arrangements relating to international tax enforcement that fall within the joint Council of Europe/Organisation for Economic Co-operation and Development Convention on Mutual Administrative Assistance in Tax Matters, signed on behalf of the United Kingdom on 24th May 2007, have been made in relation to the other signatory territories, and
b
it is expedient that those arrangements have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation, Commencement and Revocation
1
1
These Regulations may be cited as the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007.
2
These Regulations come into force on the day after that on which they are made except for the purposes of an election if the last date for the publication of the notice of election for that election is on or before 26 March 2007.
3
The following instruments are revoked —
a
The Local Authorities (Mayoral Elections)(England and Wales) Regulations 2002 ;
b
The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2004 ;
c
The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 to the extent of Part 4 of Schedule 12.
Interpretation
2
In these Regulations, —
“the 2000 Act” means the Local Government Act 2000;
“the 1983 Act ” means the Representation of the People Act 1983 ;
“the Elections Regulations ” means the Representation of the People (England and Wales) Regulations 2001 ;
“the Mayoral Elections Rules ” means the rules set out in Schedule 1 to these Regulations;
“the Referendums Regulations ” means the Local Authorities (Conduct of Referendums) (England) Regulations 2001 ;
“candidate” means a candidate to be an elected mayor;
“election” or “mayoral election” means an election for the return of an elected mayor;
“electoral area” —
in relation to a mayoral election in England, means the county, district or London borough in which the election is held;
in relation to a mayoral election in Wales, means the county or county borough in which the election is held;
“European Parliamentary election” shall have the same meaning as in section 27(1) of the Representation of the People Act 1985 ;
“local government election” shall have the same meaning as in section 203(1) of the 1983 Act ;
“proper officer” has the meaning given by section 270(3) of the Local Government Act 1972;
“referendum” means a referendum conducted under the Referendums Regulations;
“relevant election or referendum” means one or more of the following —
a Parliamentary election ;
a European Parliamentary election;
a local government election;
another mayoral election; and
a referendum,
the poll at which is taken together with the poll at the mayoral election;
“returning officer”, in relation to a mayoral election, means —
the proper officer of the London borough concerned or, as the case may be, the person appointed as the returning officer for the election in accordance with subsection (1) or (1A) of section 35 (returning officers: local elections in England and Wales) of the 1983 Act as applied by these Regulations; and
any person appointed under subsection (4) of that section by a person of a description mentioned in paragraph (a).
Conduct of mayoral elections
3
1
An election for the return of an elected mayor shall be conducted in accordance with the Rules set out in Schedule 1 (“the Mayoral Elections Rules”).
2
The relevant provisions in the enactments referred to in paragraph (3), shall have effect —
a
in relation to the conduct of a mayoral election in England, as they have effect in relation to the conduct of an election of councillors for any county electoral division or district or London borough ward,
b
in relation to the conduct of a mayoral election in Wales, as they have effect in relation to the conduct of an election of councillors for any county electoral division or county borough ward,
subject to the modifications set out in paragraph (4).
3
The enactments referred to in paragraph (2) are —
a
the 1983 Act;
b
the Representation of the People Act 1985;
c
the Representation of the People Act 2000 ;
d
the Elections Regulations, and
e
the Electoral Administration Act 2006 .
4
The modifications referred to in paragraph (2) are —
a
references in the relevant provisions to “local government elections” shall be taken to include mayoral elections;
b
references in the relevant provisions to a “candidate” shall be taken to include a candidate at a mayoral election;
c
the other modifications set out in Schedule 2.
5
In this regulation “relevant provisions” means the provisions which have effect in relation to the conduct of the election of councillors for any county electoral division or district or London borough ward (in England) or any county electoral division or county borough ward (in Wales).
Combination of polls
4
Where the poll at a mayoral election is taken together with the poll at a relevant election or referendum , the Mayoral Elections Rules shall be modified so as to have effect as set out in Schedule 3.
Questioning of mayoral election
5
For the purposes of section 44(4) of the 2000 Act, Part 3 (legal proceedings) of the 1983 Act shall have effect in relation to the questioning of an election for the return of an elected mayor as it has effect in relation to the questioning of an election under the local government Act .
Free delivery of election addresses
6
1
Each candidate at a mayoral election shall be entitled (subject to and in accordance with the provisions of Schedule 4) to have an election address prepared on behalf of the candidate included in a booklet of election addresses —
a
prepared by the returning officer; and
b
delivered by that officer to each person entitled to vote at that election .
2
Candidates’ election addresses shall be delivered at the expense of the local authority for whose electoral area the election is held.
3
Schedule 4 (which makes provisions supplementing paragraph (1) above) shall have effect.
Signed by authority of the Secretary of State
Bridget Prentice,
Parliamentary Under Secretary of State
Department for Constitutional Affairs
26th March 2007


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Overseas Life Insurance Companies (Amendment No. 2) Regulations 2007 and shall come into force on 28th December 2007.
2
These Regulations have effect in relation to periods of account which begin on or after 1st January 2008.
Amendments to the Overseas Life Insurance Companies Regulations 2006
2
The Overseas Life Insurance Companies Regulations 2006 are amended as follows.
Amendment of regulation 5
3
1
Regulation 5 (modifications of section 76 of the Income and Corporation Taxes Act 1988) is amended as follows.
2
In paragraph (2), in sub-paragraphs (i) and (ii) of paragraph (b) of the substituted subsection (3), for “profit and loss account” substitute “long-term business technical account”.
3
After paragraph (4) add —
5
In subsection (15) , after the definition of “expenses payable” insert —
“long-term business technical account” means the technical account for life-assurance business included in IAD accounts, or where the technical account included in the IAD accounts for non-life-insurance business of the company is used for all business, such part of that account as relates to the long-term business of the company;
.
Amendment of regulation 6
4
1
Regulation 6 (modifications of section 431(2) of the Income and Corporation Taxes Act 1988) is amended as follows.
2
In paragraph (2)(b), for paragraph (i) substitute —
i
for “paragraph 5(d) of Schedule 3 to that Act” substitute “sub-paragraph (d) or (da) of paragraph 5 of Schedule 3 to that Act (an “ EEA firm”);
.
3
In paragraph (5), in the inserted definition of “long-term insurance fund” —
a
in paragraph (a), for “life assurance” substitute “life-assurance”,
b
after paragraph (a) insert —
aa
where the technical account included in the IAD accounts for non-life-insurance business of the company is used for all business, such part of that account as relates to the long-term business of the company; or
,
c
in paragraph (b), omit “as relates to” (in the first place), and
d
for “that technical account or income statement”, substitute “either that technical account or that part of the technical account or that part of the income statement”.
Amendment of regulation 11
5
In regulation 11(4) (modifications of section 440 of the Income and Corporation Taxes Act 1988) —
a
in the inserted subsection (4AA), after “Act” insert “2001”, and
b
after the inserted subsection (4AA) insert —
4AB
Where goodwill is acquired by an EEA firm or a Treaty firm (“the transferee”) as a result of an insurance business transfer scheme which has effect to transfer long-term business from any person who is not such a firm to the transferee —
a
if the goodwill (or part of it) was within the category set out in paragraph (e) of subsection (4) above immediately before the acquisition, the goodwill (or part) shall for the purposes of subsections (2) and (3) above be treated as being within that category immediately afterwards, and
b
if the goodwill (or part of it) was within the category set out in paragraph (f) of subsection (4) above immediately before the acquisition, the goodwill (or part) shall for the purposes of subsections (2) and (3) above be treated as being within that category immediately afterwards.
Amendment of regulation 15
6
For regulation 15 (modification of section 444AC of the Income and Corporation Taxes Act 1988) substitute —
15
1
Modify section 444AC (transfers of business: excess of assets or liabilities) as follows.
2
In subsections (2)(a), (2A)(b) and (5)(b), in a case where the transferee is an EEA firm or a Treaty firm, for “transferee’s line 31 amount in relation to the transfer” substitute “value of the assets transferred to the transferee’s long-term insurance fund in consideration of the assumption by the transferee of the liabilities to policy holders and annuitants”.
3
In subsection (5A), in a case where the transferor is an EEA firm or a Treaty firm —
a
for the words from “means — ” to “other” substitute “means, in relation to an overseas life insurance company where the company is an EEA firm or a Treaty firm,”; and
b
omit “(in either case)”.
15A
In section 444AD(4)(b) (transfers of business: modification of s 83(2B) FA 1989 ) , in a case where the transferee is an EEA firm or a treaty firm, for the words from “transferee’s” to “fund” substitute “value of the assets transferred to the transferee’s long-term insurance fund in consideration of the assumption by the transferee of the liabilities to policy holders and annuitants”.
Amendment of regulation 24
7
In regulation 24(2) (modifications of section 83A of the Finance Act 1989) , in the inserted subsection (2A), for the words from “are” to the end substitute —
are —
a
such technical accounts (or such parts of those accounts) included in the IAD accounts, or
b
such parts of the income statements included in the IAS accounts,
as relate to the whole of the company’s long-term business or such of that business as is carried on through the permanent establishment in the United Kingdom through which the company carries on life assurance business.
Amendment of regulation 26
8
In regulation 26(6) (modification of section 89 of the Finance Act 1989) , in the inserted subsection (6A), for the words from “means” to the end substitute —
means brought into account —
a
in such technical accounts (or such parts of those accounts) included in the IAD accounts, or
b
in such parts of the income statements included in the IAS accounts,
as relate to the whole of the company’s long-term business or such of that business as is carried on through the permanent establishment in the United Kingdom through which the company carries on life assurance business.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 2007


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 2007 and shall come into force on 7th May 2007.
Amendments to regulation 20 (fees for examinations)
2
1
Regulation 20 of the Motor Vehicles (Tests) Regulations 1981 shall be amended as follows.
2
For paragraph (3), there shall be substituted —
3
Where, on an examination of a vehicle other than a vehicle in Class VI or VIA, it is found that some or all of the prescribed statutory requirements are not complied with or where, in the circumstances mentioned in regulation 16, a full examination of the braking system or systems of the vehicle is not carried out then provided that —
a
the vehicle is left at the vehicle testing station at which the examination took place so that the defects which have been revealed can be repaired;
b
the re-examination is carried out before the expiration of a period of 10 days starting on the day after the day of the initial examination; and
c
there has been no change to the authorised examiner at the vehicle testing station between those examinations,
no fee shall be payable in respect of the re-examination carried out there on the completion of those repairs.
3ZA
Where, on an examination of a vehicle other than a vehicle in Class VI or VIA, it is found that some or all of the prescribed statutory requirements are not complied with or where, in the circumstances mentioned in regulation 16, a full examination of the braking system or systems of the vehicle is not carried out then provided that —
a
the vehicle is returned to the vehicle testing station at which the examination took place;
c
the re-examination is carried out before the expiration of a period of 10 days starting on the day after the day of the initial examination; and
c
there has been no change to the authorised examiner at the vehicle testing station between those examinations,
the fee payable for the re-examination shall be a maximum of one-half of the fee otherwise chargeable.
.
Signed by authority of the Secretary of State
S.J Ladyman
Minister of State
Department for Transport
2nd April 2007


text:
Citation and commencement
1
This Order may be cited as the Stonebridge Housing Action Trust (Dissolution) Order 2007 and shall come into force on 6th August 2007.
Interpretation
2
In this Order —
“the 1981 Act ” means the New Towns Act 1981 ;
“ the Commission ” means the Commission for New Towns ;
“relevant function” means a function which is exercisable by the Trust in connection with any of the property, rights or liabilities transferred by this Order;
“the Trust” means the Stonebridge Housing Action Trust which was established by the Stonebridge Housing Action Trust (Area and Constitution) Order 1994 .
Transfer of property, rights, liabilities and functions to the Commission
3
1
Subject to paragraph (2), any property, rights and liabilities remaining vested in the Trust immediately before 27th August 2007, and any relevant function, shall be transferred to the Commission on that date.
2
Paragraph (1) shall not apply in respect of any property, rights, liabilities or relevant functions which the Trust has notified in writing to the Commission before 13th August 2007 as those which it thinks necessary or expedient to retain for the purpose of preparing its final accounts and report and winding up its affairs.
3
Any property, rights and liabilities remaining vested in the Trust immediately before 30th September 2007, and any relevant function, shall be transferred to the Commission on that date.
Additional purposes of the Commission
4
1
The purposes for which the Commission exists, as mentioned in section 36(1) of the 1981 Act (functions of the Commission), shall also include —
a
to take over and, with a view to its eventual disposal, to hold, manage and turn to account the property of the Trust transferred to the Commission by article 3, and
b
as soon as it considers expedient to do so, to dispose of property so transferred, and
c
to carry out any functions so transferred.
2
In this article —
a
any reference to property includes a reference to rights and liabilities; and
b
in relation to liabilities, any reference to disposal includes a reference to extinguishment.
Restrictions on additional functions of the Commission
5
Section 37 of the 1981 Act shall have effect as if any reference to section 36 included a reference to article 4.
Dissolution of the Trust
6
The Trust shall be dissolved on 30th September 2007.
Revocation of Order
7
The Stonebridge Housing Action Trust (Area and Constitution) Order 1994 is revoked on 30th September 2007.
Signed by authority of the Secretary of State
for Communities and Local Government
Yvette Cooper
Parliamentary Under Secretary of State
Department for Communities and Local Government
22nd June 2007