text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health Service Branded Medicines (Control of Prices and Supply of Information) (No. 2) Regulations 2008 and shall come into force on 1st February 2009.
2
In these Regulations —
“ the Act ” means the National Health Service Act 2006;
“branded health service medicine” means a health service medicine which —
is identifiable by and traded under a specific name given to it by the manufacturer, supplier or holder of a marketing authorisation relating to it; and
is a medicinal product in respect of which a marketing authorisation has been granted;
“marketing authorisation” means a marketing authorisation for a medicinal product for human use granted —
by the competent authority of the United Kingdom in accordance with Directive 2001/83/ EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use ; or
by the European Commission under Council Regulation (EEC) No. 2309/93 or Regulation (EC) No. 726/2004 laying down Community procedures for the authorization and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency ;
“prescription only medicine” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997 ;
“presentation” means a particular form of a relevant medicine which may be distinguished from other forms of the medicine by reference to its active ingredients and excipients, pack size, type of packaging, clinical indications or indicated method of administration for use in clinical practice;
“relevant medicine” means a medicine which is both a prescription only medicine and a branded health service medicine; and
“supply” means supply by way of sale.
Control of prices
2
1
Subject to regulation 4, the maximum price which may be charged for the supply of a presentation is the price at which that presentation was on sale for health service purposes in England on 1st December 2008 less 3.9 per cent but without regard to any discount or other variation of the price which did not have general application on that date.
2
Where the deduction of 3.9 per cent under paragraph (1) results in an amount which includes a fraction of a penny, the maximum price is rounded down to the nearest whole penny.
3
This regulation does not apply to a manufacturer or supplier to whom a voluntary scheme for the supply of branded health service medicine applies at the time of a supply or where the maximum price of a presentation is determined by any of the following regulations.
New products
3
1
Where a presentation was not on sale in England for health service purposes on 1st December 2008, the Secretary of State may specify the maximum price at which that presentation may be supplied for the purposes of the health service by a direction to a specific manufacturer or supplier.
2
The maximum price for a presentation to which this regulation applies shall be determined by the Secretary of State having regard, among other things, to the following criteria —
a
the expected supplies of the presentation for health service purposes;
b
the cost of therapeutically equivalent medicines;
c
the cost of the presentation in other markets if it is available elsewhere in the world;
d
the cost of manufacture of the presentation;
e
the cost of research into, and development of, the presentation;
f
whether the presentation consists of or contains a new active substance; and
g
the likelihood of the presentation being supplied at a particular price.
Low cost presentations
4
1
The maximum price which may be charged for a low cost presentation is the price at which that presentation was on sale for health service purposes in England on 1st December 2008 without regard to any discount or other variation of the price which did not have general application on that date.
2
In this regulation —
“low cost presentation” means a presentation which has —
for the current calendar year a relevant cost to the health service in England of not more than £450,000, or
a reimbursement price of less than £2.00;
“reimbursement price” means the price at which the presentation is reimbursed by the health service in England;
“relevant cost” in relation to a presentation for a calendar year means the aggregate cost of that presentation to the health service in England as determined by the Secretary of State in respect of the period of 12 months to the end of June of the preceding year, without regard to dispensing costs or fees, discounts, income or cost resulting from the payment of prescription charges or the purchase or use of a pre-payment certificate .
Exemptions
5
The Secretary of State may (whether or not he receives an application for an exemption from a manufacturer or supplier of a presentation) exempt for such period as he may determine a presentation from the effect of regulation 2, 3 or 4 where he considers that an exemption is necessary to ensure adequate supplies of that presentation for health service purposes.
Increases
6
1
The Secretary of State may either —
a
on his own motion; or
b
on application made under paragraph (2),
increase the maximum price of a presentation by direction to a specific manufacturer or supplier.
2
An application by a specific manufacturer or supplier to the Secretary of State for an increase of the maximum price of a presentation shall be made in writing and shall —
a
specify the presentation in respect of which the application is made,
b
state the reasons for the application, and
c
be accompanied by the information specified in paragraph (6).
3
The Secretary of State shall, subject to paragraphs (4) and (5), within 90 days of receiving an application under this regulation either notify the applicant of his decision or notify the applicant that more information is required and, where further information is required, the Secretary of State shall notify the applicant of his decision within 90 days of receiving that further information.
4
Where the number of applications received by the Secretary of State make it impracticable for him to reply to all or any of the applications within the 90 day period, he shall notify the applicant before the end of that period.
5
In a case where the Secretary of State has given notice under paragraph (4), he shall make a decision not later than 60 days after the expiry of the 90 day period from receipt of the application, or if he has required further information under paragraph (3), not later than 150 days after the receipt of that further information.
6
Where an application is made under this regulation, audited accounts for the latest accounting year for which they are available shall be supplied to the Secretary of State, and those accounts shall include the figures for that year in respect of branded health service medicines which show —
a
the supplies of those medicines for health service purposes;
b
any supply promotion costs in respect of those medicines;
c
any costs of research into, and development of, those medicines;
d
any non-recurring operational costs;
e
any other costs; and
f
total profit after interest charges and taxation.
7
Where an application is made under this regulation, estimates of accounts for the two accounting years which follow the most recent one in respect of which accounts are required to be provided under paragraph (6) shall be supplied to the Secretary of State, showing the information of the kind required under that paragraph.
Enforcement
7
1
Any manufacturer or supplier who supplies a presentation for health service purposes at a price in excess of the maximum permitted by these Regulations shall be liable, on the demand of the Secretary of State, to pay to him a recoverable sum calculated under the Schedule to these Regulations.
2
A demand made under paragraph (1) shall be made by a notice in writing addressed to the manufacturer or supplier in question and it shall state the amount of the recoverable sum calculated up to the date of the demand and the period within which it shall be paid.
3
The recoverable sum, or any part of it, which has not been paid to the Secretary of State within the period specified in the demand shall carry interest at 2.5 per cent above the rate announced from time to time by the Monetary Policy Committee of the Bank of England and for the time being in force as the official dealing rate, being the rate at which that Bank is willing to enter into transactions for providing short term liquidity in the money markets.
Information
8
1
The Health Service Medicines (Information Relating to Sales of Branded Medicines etc. ) Regulations 2007 are amended as follows.
2
In regulation 2 (interpretation), omit the definitions of “PPRS” and “relevant scheme member”.
3
The following regulation shall be substituted for regulation 3 —
Information
3
1
Except as provided in paragraph (2), this regulation applies to any manufacturer or supplier of branded health service medicines who —
a
holds either a wholesale dealer’s licence within the meaning of subsections (3) and (3A) of section 8 (provisions as to manufacture and wholesale dealing) of the Medicines Act 1968 or a marketing authorisation in respect of those branded health services medicines; and
b
has, during the current calendar year, supplied branded health service medicines for health service use in England with a relevant cost of £25 million or more.
2
Except as provided in paragraph (4), the obligation to provide information under this regulation shall not apply to a manufacturer or supplier of branded health service medicines to whom a voluntary scheme applies (“scheme member”) who has agreed as part of its obligations under the scheme to provide within the time limits set out in paragraph (6) such information relating to the sales income in respect of each branded health service medicine as is required by the scheme.
3
For any period during which there is no voluntary scheme, paragraphs (5) and (6) shall apply to a manufacturer or supplier who falls within paragraph (1).
4
This regulation shall continue to apply to a scheme member who has received a demand for a penalty under regulation 4 until that penalty has been fully paid.
5
A manufacturer or supplier of branded health service medicines shall, to the extent that the information is available to it (or would be available if it took reasonable steps to make it available), provide to the Secretary of State the following information in accordance with paragraph (6) in respect of each branded health service medicine which it supplies for the purposes of the health service —
a
the sales income in respect of each pack size and strength of a branded product supplied by it to wholesalers, including the total number of products supplied;
b
the sales income in respect of each pack size and strength of a branded product supplied by it to retail pharmacists, including the total number of products supplied;
c
the sales income in respect of each pack size and strength of a branded product supplied by it to —
i
dispensing doctors or, where a dispensing doctor is part of a partnership or is employed by a person or body to provide primary medical services to a partnership, that person or body;
ii
GMS contractors;
iii
PMS contractors; or
iv
other persons,
including the total number of products supplied;
d
the sales income in respect of each pack size and strength of a branded product supplied by it to health service hospitals, including the total number of products supplied; and
e
information about discounts given by it to wholesalers, retail pharmacists, dispensing doctors, GMS contractors, PMS contractors or health service hospitals which cannot be specifically attributed to a specific branded product or pack size or strength of a specific branded product.
6
Information required by paragraph (5) in respect of a month or quarter shall be supplied in accordance with the following table so that in respect of each month or quarter specified in the left hand column information will be supplied no later than the corresponding date in the right hand column.
Month or quarter in which supply was made Information to be received by the Secretary of State not later than
December 2008 1st February 2009 January to March 2009 30th April 2009 April to June 2009 31st July 2009 Quarters thereafter Ending on 31st March 30th April in the same year as the quarter falls Ending on 30th June 31st July in the same year as the quarter falls Ending on 30th September 31st October in the same year as the quarter falls Ending on 31st December 31st January in the year next following the year in which the quarter falls.
7
In this regulation —
“relevant cost” in relation to a presentation for a calendar year means the aggregate cost of that presentation to the health service in England as determined by the Secretary of State in respect of the period of 12 months to the end of June of the preceding year, without regard to dispensing costs or fees, discounts, income or cost resulting from the payment of prescription charges or the purchase or use of a pre-payment certificate .
.
4
For the words “relevant scheme member” in each place those words appear in regulations 4(1) and 5 and the Schedule substitute the words “manufacturer or supplier of a branded health service medicine”.
5
In paragraph 2 of the Schedule, for “that scheme member” substitute “that manufacturer or supplier”.
Appeals
9
Any manufacturer or supplier of a presentation in respect of whom the Secretary of State has made an enforcement decision under these Regulations shall have a right of appeal against that decision in accordance with regulations made under section 265(5) of the Act .
Revocation
10
The Health Service Branded Medicines (Control of Prices and Supply of Information) Regulations 2008 are revoked.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
17th December 2008


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Local Government and Public Involvement in Health Act 2007 (Commencement No. 6 and Transitional and Saving Provision) Order 2008.
Provisions coming into force on 8th May 2008
2
Subject to article 3, the following provisions of the Local Government and Public Involvement in Health Act 2007 shall come into force on 8th May 2008 —
a
section 185 (assessment of allegations) so far as not already in force; and
b
section 186 (information to be provided to Standards Board by relevant authority).
Transitional and saving provision
3
Section 58 of the Local Government Act 2000, the Relevant Authorities (Standards Committee) Regulations 2001 , and the Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 as they stand immediately before 8th May 2008, shall continue to have effect in relation to any allegation in writing received by the Standards Board for England before 8th May 2008 that a member or co-opted member (or former member or former co-opted member) of a relevant authority in England has failed, or may have failed, to comply with the authority’s code of conduct.
John Healey
Minister of State
Department for Communities and Local Government
6th May 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 2008 and come into force on 7th April 2008.
2
In these Regulations —
“the 2006 Act ” means the Safeguarding Vulnerable Groups Act 2006;
“the 2002 Act ” means the Education Act 2002 ;
“the 2003 Regulations ” means the Education (Prohibition from Teaching or Working with Children) Regulations 2003 ;
“disqualification order” means an order of the court under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000 ;
“offence against a child” has the same meaning as in section 26 of the Criminal Justice and Court Services Act 2000;
“previous restriction” means any of —
inclusion (otherwise than provisionally) in the list kept by the Secretary of State under section 1 of the Protection of Children Act 1999 ,
inclusion (otherwise than provisionally) in the list kept by the Secretary of State under section 81 of the Care Standards Act 2000 ,
a disqualification order, or
a direction under section 142(1) of the 2002 Act (other than one made on the grounds that condition A or condition B in Part 1 of Schedule 2 to the 2003 Regulations are satisfied in relation to a person, or on grounds of that person’s misconduct, health, or professional incompetence); and
“Tribunal” means the Tribunal established under section 9 of the Protection of Children Act 1999.
Representations
2
1
This paragraph applies to any person to whom IBB must, in accordance with any provision of Schedule 3 to the Act , give the opportunity to make representations as to his removal from, or inclusion in, a barred list.
2
IBB must give any person falling within paragraph (1) notice in writing that he may make such representations.
3
IBB shall give any notice under paragraph (2) to the person in question by sending it to him by post.
4
Any notice sent in accordance with paragraph (3) shall be treated as having been received by the person in question 48 hours after the date on which it was sent unless the contrary is proved.
5
A person to whom notice is given in accordance with paragraph (3) may make representations as to his removal from, or inclusion in, a barred list within the period of 8 weeks starting on the day on which he is treated as having received the notice.
6
Where —
i
a person has not completed making his representations within the period provided for under paragraph (5), and
ii
IBB is satisfied that the person has good reason for not doing so,
IBB may allow that person such further period to make his representations as IBB considers reasonable.
The minimum barred period: persons subject to previous restrictions (children’s barred list)
3
In the case of any person who is included by IBB in the children’s barred list pursuant to article 2 of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (inclusion in the children’s barred list: persons disqualified from working with children) the minimum barred period is the period calculated in the manner set out in regulations 4 to 7.
The minimum barred period: persons included in the list maintained under section 1 of the Protection of Children Act 1999
4
1
In relation to any person mentioned in regulation 3 who, at the point at which he is included in the children’s barred list, is included (otherwise than provisionally) in the list kept by the Secretary of State under section 1 of the Protection of Children Act 1999 —
a
where the person was under the age of 18 at the date of the most recent restriction decision, subtract from the period of 5 years the period starting on the date of that restriction decision and ending on the date on which he is included by IBB in the children’s barred list;
b
where the person had reached the age of 18 at the date of the most recent restriction decision, subtract from the period of 10 years the period starting on the date of that restriction decision and ending on the date on which he is included by IBB in the children’s barred list.
2
In paragraph (1), restriction decision means a decision of —
a
the Secretary of State —
i
to include the person in the list kept under section 1of the Protection of Children Act 1999, or
ii
not to remove the person from that list;
b
the Tribunal not to direct the person’s removal from that list.
The minimum barred period: persons subject to disqualification orders
5
1
In relation to any person mentioned in regulation 3 who, at the point at which he is included in the children’s barred list, is subject to a disqualification order in connection with the commission of an offence against a child —
a
where the person was under the age of 18 when he committed the offence in question, subtract from the period of 5 years the period starting on the date of the most recent disqualification decision and ending on the date on which he is included by IBB in the children’s barred list;
b
where the person had reached the age of 18 when he committed the offence in question, subtract from the period of 10 years the period starting on the date of the most recent disqualification decision and ending on the date on which he is included by IBB in the children’s barred list.
2
In paragraph (1), disqualification decision means a decision of —
a
the Court, to make the person subject to the disqualification order;
b
the Tribunal, that the person should continue to be subject to the disqualification order.
The minimum barred period: persons subject to directions made under section 142(1) of the Education Act 2002
6
1
In relation to any person mentioned in regulation 3 who, at the point at which he is included in the children’s barred list, is subject to a direction of the Secretary of State under section 142(1) of the 2002 Act (other than one made on the grounds that condition A or condition B in Part 1 of Schedule 2 to the 2003 Regulations are satisfied in relation to that person, or on grounds of that person’s misconduct, health, or professional incompetence) —
a
where the person was under the age of 18 when he was made subject to the direction, subtract from the period of 5 years the period starting on the date of the most recent direction decision and ending on the date on which he is included by IBB in the children’s barred list;
b
where the person had reached the age of 18 when he was made subject to the direction, subtract from the period of 10 years the period starting on the date of the most recent direction decision and ending on the date on which he is included by IBB in the children’s barred list.
2
In paragraph (1), direction decision means a decision of —
a
the Secretary of State —
i
to make the direction in respect of the person in question, or
ii
not to revoke that direction;
b
the Tribunal not to order the Secretary of State to revoke that direction.
The minimum barred period: persons subject to more than one previous disqualification
7
1
In relation to any person mentioned in regulation 3 who, at the point at which he is included in the children’s barred list, is subject to more than one of the previous restrictions referred to in regulations 4 to 6, the minimum barred period is the period calculated in the manner set out in this regulation.
2
Where the person was under the age of 18 at the date of the most recent unsuitability decision made in relation to him, subtract from the period of 5 years the period starting on the date of that unsuitability decision and ending on the date on which he is included by IBB in the children’s barred list.
3
Where the person had reached the age of 18 at date of the most recent unsuitability decision made in relation to him, subtract from the period of 10 years the period starting on the date of that unsuitability decision and ending on the date on which he is included by IBB in the children’s barred list.
4
In this regulation, unsuitability decision means —
a
a restriction decision within the meaning of regulation 4(2);
b
a disqualification decision within the meaning of regulation 5(2);
c
a direction decision within the meaning of regulation 6(2).
The minimum barred period: persons subject to previous restrictions (adults’ barred list)
8
1
In the case of any person who is included by IBB in the adults’ barred list pursuant to article 4 of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (inclusion in the adult’s barred list: persons considered unsuitable to work with vulnerable adults) the minimum barred period is the period calculated in the manner set out in this regulation.
2
Where the person was under the age of 18 at date of the most recent restriction decision, subtract from the period of 5 years the period starting on the date of that restriction decision and ending on the date on which he is included by IBB in the adults’ barred list.
3
Where the person had reached the age of 18 at date of the most recent restriction decision, subtract from the period of 10 years the period starting on the date of that restriction decision and ending on the date on which he is included by IBB in the adults’ barred list.
4
In paragraphs (2) and (3), restriction decision means a decision of —
a
the Secretary of State —
i
to include the person in the list kept under section 81 of the Care Standards Act 2000, or
ii
not to remove the person from that list;
b
the Tribunal not to direct the person’s removal from that list.
The minimum barred period: persons not subject to previous restrictions
9
1
This regulation applies to any person to whom none of regulations 4 to 8 apply.
2
In relation to any person who has not reached the age of 18 when IBB includes him in a barred list the minimum barred period is 1 year.
3
In relation to any person who has reached the age of 18 but has not reached the age of 25 when IBB includes him in a barred list the minimum barred period is 5 years.
4
In relation to any person who has reached the age of 25 when IBB includes him in a barred list the minimum barred period is 10 years.
Start of minimum barred period
10
1
In relation to a person who is included in a barred list because he satisfies any of the criteria prescribed for the purposes of paragraph 1(1), 2(1), 7(1), or 8(1) of Schedule 3 to the Act, the minimum barred period starts when the person satisfies the relevant criteria.
2
In any other case the minimum barred period starts when the IBB includes the person in a barred list.
Review
11
1
The period prescribed for the purposes of paragraph 18(3)(b) of Schedule 3 to the Act (period within which a person must not have applied for permission to apply for review) is the period determined in accordance with paragraphs (2) to (6), below.
2
In relation to a person who has not reached the age of 18, the period is one year.
3
In relation to a person who —
i
has reached the age of 18,
ii
had been eligible before he reached that age to apply for permission pursuant to paragraph (2),
iii
did not do so before he reached that age, and
iv
has not done so since he reached that age,
the period is one year.
4
In relation to a person who has not reached the age of 25 but to whom neither paragraph (2) nor paragraph (3) applies, the period is 5 years.
5
In relation to a person who —
i
has reached the age of 25,
ii
is not eligible to apply for permission pursuant to paragraph (3),
iii
had been eligible before he reached the age of 25 to apply for permission pursuant to paragraph (4),
iv
did not do so before he reached that age, and
v
has not done so since he reached that age,
the period is 5 years.
6
In any other case, the period is 10 years.
7
In this regulation, a reference to permission means the permission of IBB to make an application for review of a person’s inclusion in a barred list.
Kevin Brennan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
28th February 2008


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Primary Ophthalmic Services and National Health Service (Optical Charges and Payments) Amendment Regulations 2008 and shall come into force on 27th October 2008.
2
These Regulations apply in relation to England.
3
In these Regulations —
“the POS Regulations ” means the Primary Ophthalmic Services Regulations 2008 ; and
“the Charges Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 .
Amendments to the POS Regulations
2
1
The POS Regulations are amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation), insert, after the definition of “an income-based jobseeker’s allowance” the following definition —
“income-related employment and support allowance” means an employment and support allowance, entitlement to which is based on section 1(2)(b) of the Welfare Reform Act 2007 (income related employment and support allowance) .
3
In regulation 3(2) (sight tests – eligibility), delete “or” at the end of sub-paragraph (h) and after sub-paragraph (i) add —
j
he is in receipt of income-related employment and support allowance; or
k
he is a member of the same family as a person in receipt of income-related employment and support allowance.
.
4
In regulation 3(4) delete “and” at the end of sub-paragraph (b) and after sub-paragraph (c) add —
; and
d
in sub-paragraph (k) “family” has the meaning given to it by regulation 2 of the Employment and Support Allowance Regulations 2008 .
.
Amendments to the Charges Regulations
3
1
The Charges Regulations are amended in accordance with the following paragraphs of this regulation.
2
In regulation 1(2) (citation, commencement and interpretation) —
a
insert, after the definition of “an income-based jobseeker’s allowance” the following definition —
“income-related employment and support allowance” means an employment and support allowance, entitlement to which is based on section 1(2)(b) of the Welfare Reform Act 2007 (income related employment and support allowance) .
; and
b
for the definition of “prisoner” substitute —
“prisoner” means a person who is detained in a prison, including a young offender institution, but not a secure training centre or a naval, military or air force prison, but is, at the time he receives any primary ophthalmic service on leave from that prison and for the purposes of this definition;
.
3
In regulation 8(3) (eligibility – supply of optical appliances), omit “or” at the end of sub-paragraph (l) and, after sub-paragraph (n), add —
o
he is in receipt of income-related employment and support allowance; or
p
he is a member of the same family as a person in receipt of income-related employment and support allowance.
.
4
In regulation 8(4) omit “and” at the end of sub-paragraph (b) and after sub-paragraph (c) add —
; and
d
in sub-paragraph (p) “family” has the meaning given to it by regulation 2 of the Employment and Support Allowance Regulations 2008 .
.
Signed by authority for the Secretary of State for Health
Ben Bradshaw
Minister of State,
Department of Health
16th September 2008


text:
Citation and commencement
1
These Regulations may be cited as the Insurance Companies (Overseas Life Assurance Business) (Excluded Business) (Amendment) Regulations 2008 and shall come into force on 27 th October 2008.
Amendments to the Insurance Companies (Overseas Life Assurance Business) (Excluded Business) Regulations 2000
2
The Insurance Companies (Overseas Life Assurance Business) (Excluded Business) Regulations 2000 are amended as follows.
Amendment of Regulation 2
3
In paragraph (b) in the definition of “beneficiaries” in paragraph (1) of regulation 2 (interpretation) for “section 660A” substitute “sections 624 to 627 of the Income Tax (Trading and Other Income) Act 2005 ”.
Amendment of Regulation 8
4
In paragraph (2) of regulation 8 (trustees residing in the United Kingdom) for “Chapter II of Part XIII of the Income and Corporation Taxes Act 1988” substitute “Chapter 9 of Part 4 of the Income Tax (Trading and Other Income) Act 2005”.
Mike Eland
3rd October 2008
Dave Hartnett
6th October 2008
Two of the Commissioners for Her Majesty’s Revenue and Customs


text:
Title and commencement
1
This Order may be cited as the Brucellosis (England) (Amendment) Order 2008 and comes into force on 6th April 2008.
Amendment
2
1
The Brucellosis (England) Order 2000 is amended as follows.
2
For article 4 (restrictions on the movement of bovine animals or steers), substitute —
4
An officer may, for the purposes of controlling or preventing the spread of brucellosis, serve a notice on the owner or person in charge of bovine animals or steers kept on any premises, prohibiting the movement of bovine animals or steers, or of such bovine animals or steers as are specified in the notice, onto or off the premises, except under the authority of a licence issued by an officer.
.
3
For paragraph (1) of article 5 (movement of bovine animals or steers to specified premises), substitute —
1
An officer may, for the purposes of controlling or preventing the spread of brucellosis, serve a notice on the owner or person in charge of bovine animals or steers kept on any premises, requiring those animals, or such bovine animals or steers as are specified in the notice, to be moved from the premises to such other premises and within such time as may be specified in the notice.
.
4
For article 13 (animal waste), substitute —
13
Where a notice has been served under article 4 on the owner or person in charge of bovine animals or steers kept on any premises, no manure, slurry or other animal waste may be removed from the premises except under the authority of a licence issued by an officer.
.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
1st March 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Performance Information) (England) (Amendment) (No.2) Regulations 2008 and come into force on 1st September 2008.
2
These Regulations apply only in relation to England.
Amendment of regulations
2
The Education (School Performance Information) (England) Regulations 2007 are amended as follows.
3
Regulation 10 and Schedule 5 are omitted.
4
In Part 2 of Schedule 4 —
a
omit “and” at the end of paragraph 1(2)(b);
b
substitute “; and” for the full stop at the end of paragraph 1(2)(c); and
c
after paragraph 1(2)(c), insert —
d
each approved external qualification taken by the pupil at Key Stage 4 and the grade or, where applicable, the level achieved by the pupil.
2
In paragraph 1(2)(d), the reference to an approved external qualification is to any qualification which has been approved for use by pupils of compulsory school age under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act.
.
5
In paragraph 6 of Schedule 6, for sub-paragraph (b), and the words following that sub-paragraph, substitute —
b
which is not an independent school other than an Academy or a CTC;
whether the school is —
i
a grammar school as defined in section 104(7) of the School Standards and Framework Act 1998 (“the 1998 Act ”);
ii
a modern school (that is to say a school in the area of a local education authority in which one or more grammar schools are situated and which admits pupils wholly or mainly without reference to ability or aptitude); or
iii
a comprehensive school (that is to say a school not falling within paragraph (i) or (ii) including a school which operates pupil banding admission arrangements falling within section 101 of the 1998 Act).
.
Jim Knight
Minister of State
Department for Children, Schools and Families
1st July 2008


text:
1
This Order may be cited as the Tyne and Wear Fire and Rescue Authority (Increase in Number of Members) Order 2008 and shall come into force on 1st May 2008.
2
In the table in Part 5 of Schedule 10 to the Local Government Act 1985, in the entry relating to North Tyneside in the column headed “Number of members of fire and civil defence authority”, for “2” substitute “3”.
Signed by authority of the Secretary of State for Communities and Local Government
Parmjit Dhanda
Parliamentary Under Secretary of State
Department for Communities and Local Government
27th February 2008


text:
Citation and commencement
1
1
This Order may be cited as the District of South Lakeland (Electoral Changes) Order 2008.
2
This Order, with the exception of articles 5, 6 and 8, comes into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2008, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2008.
3
Article 6 comes into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parish of Kendal to be held on the ordinary day of election of councillors in 2010, on 15th October 2009;
b
for all other purposes, on the ordinary day of election of councillors in 2010.
4
Articles 5 and 8 come into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parishes of Grange-over-Sands and Windermere to be held on the ordinary day of election of councillors in 2011, on 15th October 2010;
b
for all other purposes, on the ordinary day of election of councillors in 2011.
Interpretation
2
In this Order —
“district” means the district of South Lakeland;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
“map” means the map marked “Map referred to in the District of South Lakeland (Electoral Changes) Order 2008”, of which prints are available for inspection at the principal office of the Electoral Commission: and any reference to a numbered sheet is a reference to the sheet of the map which bears that number;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 ; and
“registration officer” means an officer appointed for the purpose of, and in accordance with, section 8 of the Representation of the People Act 1983.
Wards of the district of South Lakeland
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into forty-five wards which shall be named as set out in column (1) of Schedule 1.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines.
4
The number of councillors to be elected for each ward shall be the number specified in respect of the ward in column 2 of that Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the district of South Lakeland
4
1
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2008 .
2
The councillors holding office for any ward of the district immediately before the fourth day after the ordinary day of election of councillors in 2008 shall retire on that date and the newly elected councillors shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Where the number of councillors elected in 2008 for any ward of the district is two or more —
a
the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Grange-over-Sands
5
1
The parish of Grange-over-Sands shall be divided into three wards which shall be named Grange North, Grange South and Grange West.
2
Each ward shall comprise the area designated on sheet 6 and 9 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for Grange North shall be four, for Grange South shall be four and for Grange West shall be one.
Wards of the parish of Kendal
6
1
The existing wards of the parish of Kendal shall be abolished.
2
The parish shall be divided into fourteen wards which shall be named Kendal Castle, Kendal Far Cross, Kendal Fell, Kendal Romney, Kendal Heron Hill, Kendal Highgate, Kendal Kirkland, Kendal Mintsfeet, Kendal Nether, Kendal Oxenholme, Kendal Parks, Kendal Stonecross, Kendal Strickland and Kendal Underley.
3
Each ward shall comprise the area designated on sheet 10 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each ward shall be two.
Wards of the parish of Ulverston
7
1
The existing wards of the parish of Ulverston shall be abolished.
2
The parish shall be divided into six wards which shall be named Ulverston Central, Ulverston East, Ulverston North, Ulverston South, Ulverston Town and Ulverston West.
3
Each ward shall comprise the area designated on sheet 7 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each ward shall be three.
Wards of the parish of Windermere
8
1
The existing wards of the parish of Windermere shall be abolished.
2
The parish shall be divided into four wards which shall be named Windermere Applethwaite, Windermere Bowness South, Windermere Bowness North and Windermere Town.
3
Each ward shall comprise the area designated on sheet 4 and 5 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each ward shall be five.
Number of parish councillors for the parish of Aldingham
9
The number of councillors to be elected for the parish of Aldingham shall be eight.
Parish elections
10
1
The election of all parish councillors for the parishes of Lowick and Preston Richard shall be held on the ordinary day of election of councillors in 2008 .
2
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2007 for the parishes of Lowick and Preston Richard shall be one year.
3
The elections of all parish councillors for the parish of Lakes shall be held simultaneously on the ordinary day of election of councillors in 2011 .
4
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2006 for the parish of Lakes shall be five years.
5
The ordinary elections of parish councillors for the parish of Lakes in 2010 shall not take place; and any such parish councillor holding office immediately before 10 th of May 2010 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2011.
6
Where any provision of an Order made before the making of this Order requires an election of parish councillors for a parish mentioned in paragraphs (1) and (3) to be held on a date other than that for which paragraph (1) and (3) provides, it shall cease to have effect to that extent.
7
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 9 th of May 2011 in the office of a parish councillor for the parish of Lakes as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 9 th of May 2011.
Map
11
South Lakeland District Council shall make a print of the map available for inspection at its offices by any member of the public at any reasonable time.
Electoral register
12
The registration officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
13
Articles 2, 3(4), 4, 5, 6, Schedule 1 and 2 and paragraphs (2) and (4) of article 8 (so far as article 8 relates to elections in the parishes of Lakes and Lowick), of the District of South Lakeland (Electoral Changes) Order 1998 are revoked.
Sealed with the seal of the Electoral Commission on the 20th day of February 2008
Peter Wardle
Chief Executive
20th February 2008
Vera Markos
Secretary to the Commission
20th February 2008


text:
Citation and commencement
1
These Regulations may be cited as the Street Works (Inspection Fees) (England) (Amendment) Regulations 2008 and shall come into force on 1st April 2008.
Preliminary
2
The Street Works (Inspection Fees) (England) Regulations 2002 shall be further amended as follows.
Amendment to regulation 3 (inspection fees)
3
In regulation 3, in paragraphs (1) and (8), for “£24.00” there shall be substituted “£25.00”.
Signed by authority of the Secretary of State for Transport
Rosie Winterton
Minister of State
Department for Transport
28th February 2008


text:
PART 1 GENERAL
Citation, commencement and extent
1
1
These Regulations may be cited as the Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008 and shall come into force on 1st October 2008.
2
These Regulations apply as respects England only.
Interpretation
2
1
In these Regulations —
“relevant road” means a road in England for which the Secretary of State is the traffic authority, other than:
the eastbound carriageway of the M48 motorway from the boundary with Wales to a point 400 metres east of the outer edge of the eastern abutment of the Aust Viaduct;
the westbound carriageway of that motorway from a point 500 metres east of the outer edge of the eastern abutment of the Aust Viaduct to that boundary;
the eastbound carriageweay of the M4 motorway from the boundary with Wales to a point 60 metres east of the Binn Wall and 140 metres north of the Severn Tunnel Air Shaft; and
the westbound carriageway of that motorway from a point 60 metres east of the Binn Wall and 140 metres north of the Severn Tunnel Air Shaft to that boundary; and
“traffic officer” means an individual designated as such by the Secretary of State, or by a person authorised by the Secretary of State, in accordance with section 2 of the Traffic Management Act 2004.
2
In these Regulations a reference to —
a
a numbered section is, unless expressly provided otherwise, a reference to the section so numbered in the Road Traffic Regulation Act 1984; and
b
a vehicle which has been permitted to remain at rest, or which has broken down, includes a reference to a vehicle which has been permitted to remain at rest or which has broken down before their coming into force.
PART 2 REMOVAL OF VEHICLES
Power of traffic officer to require removal of vehicles from relevant roads
3
1
This regulation applies to a vehicle which —
a
has broken down, or been permitted to remain at rest, on a relevant road in such a position or in such condition or in such circumstances as to cause obstruction to other persons using the road or as to be likely to cause danger to such persons; or
b
has been permitted to remain at rest, or has broken down and remained at rest, on a relevant road in contravention of a prohibition or restriction contained in, or having effect under, any enactment mentioned in Schedule 1.
2
In relation to a vehicle to which this regulation applies, a traffic officer in uniform may require the owner, driver or other person in control or in charge of the vehicle and who is present, to remove it or have it removed.
3
The exercise of this power may include a requirement that the vehicle —
a
be moved to another position on any road or to any other place; or
b
shall not be moved to any such part of, or position on, a road as is specified.
4
A person required to remove a vehicle, or to have it removed, under this regulation shall comply as soon as practicable.
Power of traffic officer to remove vehicles from relevant roads
4
1
This regulation applies to a vehicle which —
a
is a vehicle to which regulation 3 applies;
b
having broken down on a relevant road appears to a traffic officer in uniform to have been abandoned without lawful authority; or
c
has been permitted to remain at rest on a relevant road in such a position or in such condition or in such circumstances as to appear to a traffic officer in uniform to have been abandoned without lawful authority.
2
In relation to a vehicle to which this regulation applies, a traffic officer in uniform may, subject to section 100, remove it or arrange for its removal.
3
In exercising this power he may move it, or arrange for it to be moved, to another position on any road or to any other place.
Power of traffic officer to require removal of vehicles from roads other than relevant roads
5
1
This regulation applies to a vehicle which —
a
has broken down, or been permitted to remain at rest, on a road which is not a relevant road in such a position or in such condition or in such circumstances as to cause obstruction to other persons using the road or as to be likely to cause danger to such persons; or
b
has been permitted to remain at rest or has broken down and remained at rest on a road which is not a relevant road in contravention of a prohibition or restriction contained in, or having effect under, any enactment mentioned in Schedule 1.
2
In relation to a vehicle to which this regulation applies, a traffic officer in uniform may, subject to regulation 7, require the owner, driver or other person in control or in charge of the vehicle and who is present, to remove it or have it removed.
3
The exercise of this power may include a requirement that the vehicle —
a
be moved to another position on any road or to any other place; or
b
shall not be moved to any such part of, or position on, a road as is specified.
4
A person required to remove a vehicle, or to have it removed, under this regulation shall comply as soon as practicable.
Power of traffic officer to remove vehicles from roads other than relevant roads
6
1
This regulation applies to a vehicle which —
a
is a vehicle to which regulation 5 applies;
b
having broken down on a road which is not a relevant road, appears to a traffic officer in uniform to have been abandoned without lawful authority; or
c
has been permitted to remain at rest on a road which is not a relevant road in such a position or in such condition or in such circumstances as to appear to a traffic officer in uniform to have been abandoned without lawful authority.
2
In relation to a vehicle to which this regulation applies, a traffic officer in uniform may, subject to regulation 7 and section 100, remove it or arrange for its removal.
3
In exercising this power he may move it, or arrange for it to be moved, to another position on any road or to any other place.
Restriction on the exercise of powers in regulations 5 and 6
7
1
The exercise of the powers contained in regulations 5(2) and 6(2) are subject to the following restrictions.
2
Those powers may only be exercised for one or more of the following purposes —
a
avoiding danger to persons or other traffic using a relevant road or preventing risks of any such danger arising; and
b
preventing an obstruction to anything on or near to a relevant road,
or for a purpose incidental to either of those purposes.
3
Subject to that, those powers may be exercised if the traffic officer is acting —
a
at the direction of the chief officer of police for the area in which the road, from which the vehicle is to be removed, is situated; or
b
with the consent of the traffic authority for that road.
Removing abandoned vehicles from land adjoining a relevant road
8
Where a vehicle has been permitted to remain at rest on any land in the open air, which is adjacent to a relevant road, in such a position or in such condition or in such circumstances as to appear to a traffic officer in uniform to have been abandoned without lawful authority, a traffic officer in uniform may, subject to sections 99 and 100, remove it or arrange for its removal.
Manner of giving notice to occupier of land before removing a vehicle
9
1
Any notice given by a traffic officer for the purposes of section 99(3) shall be in, or to the like effect as, the form in Schedule 2.
2
Subject to paragraphs (3) and (4), the notice shall be —
a
addressed to the person who appears to be the occupier of the land —
i
by name; or
ii
by the title “The Occupier”, followed by a description of the land; and
b
given by —
i
delivering it to that person;
ii
leaving it at his usual or last known place of residence; or
iii
sending it by prepaid registered or recorded delivery post, addressed to him at either of those places.
3
Where it is not possible to identify —
a
the person who appears to be the occupier of the land; or
b
that person’s usual or last known place of residence;
the notice may be affixed to an object on the land.
4
If the person who appears to be the occupier is a body corporate, the notice shall be given by delivering it, or sending it by prepaid registered or recorded delivery post, to it’s registered or principal office.
5
Any envelope containing the notice shall be clearly and legibly marked with the words “IMPORTANT - This communication affects your property”.
Manner and period during which occupier of land may object
10
1
For the purpose of section 99(3), where a notice is given in accordance with regulation 9, the occupier of the land may object, in the manner set out in paragraph (2), to the removal of the vehicle.
2
The objection shall be —
a
in writing;
b
addressed to the person specified in the notice; and
c
delivered, or sent by post, to the address set out in that notice.
3
The period within which the occupier may object shall be 15 days beginning with the day on which the notice is given.
Method of removing vehicles
11
1
A person who removes or moves a vehicle under regulation 3, 4, 5, 6 or 8 may do so by towing or driving the vehicle or in such other manner as he may think necessary and may take such measures in relation to the vehicle as he may think necessary to enable him to remove or move it.
2
Subject to paragraph (3), where, under regulation 3 or 5, a traffic officer requires a person to remove a vehicle and he determines that the manner of removal proposed to be used by that person may cause danger to other persons using the road, the traffic officer may require the vehicle to be moved in such other manner as he considers safe.
3
Where a safe manner of removal cannot be agreed between the traffic officer and a person required to remove a vehicle, the traffic officer may remove, or arrange for the removal of the vehicle.
PART 3 DISPOSAL OF ABANDONED VEHICLES
Interpretation of Part 3
12
In this Part —
“description of the place of abandonment”, in relation to a vehicle, means a description of the place at which that vehicle appears or appeared to have been abandoned which will be sufficient to enable that place to be identified after the vehicle has been removed from it;
“HPI Ltd” means HPI Limited, being a company incorporated under the Companies Act 1985 and shall include its successors and assigns;
“GB registration mark” means a registration mark issued in relation to a vehicle under the Vehicle Excise and Registration Act 1994 ; and
“specified information”, in relation to a vehicle, means such of the following information as can be, or could have been, ascertained from an inspection of the vehicle, or has been ascertained from any other source —
in the case of a vehicle which carries a GB registration mark, or a mark indicating registration in a country outside Great Britain, particulars of such mark; and
the make of the vehicle.
Amendment of the Road Traffic Regulation Act 1984
13
1
The Road Traffic Regulation Act 1984 Act is amended as follows in its application as respects England.
2
In section 100 (interim disposal of vehicles removed under section 99) —
a
after subsection (3) insert —
3A
Any vehicle removed by, or by virtue of arrangements made by, a traffic officer in pursuance of regulations made under section 99 of this Act and appearing to the traffic officer to have been abandoned shall be delivered to the Secretary of State.
; and
b
in subsection (5) —
i
after “section” insert “ — ”;
ii
after the definition of “local authority” insert —
“traffic officer” means an individual designated as such by the Secretary of State, or by a person authorised by the Secretary of State, in accordance with section 2 of the Traffic Management Act 2004;
and
iii
omit the word “and” before the definition of “vehicle”.
3
In section 101 (ultimate disposal of vehicles abandoned and removable), in subsection (8) —
a
in the definition of “competent authority” —
i
omit the word “or” at the end of paragraph (b); and
ii
at the end insert —
or
d
the Secretary of State, where the vehicle has been removed by, or by virtue of arrangements made by, a traffic officer;
; and
b
in the definition of “local authority” for “has the meaning assigned to it” substitute “and “traffic officer” have the meanings assigned to them”.
4
In section 102 (charges for removal, storage and disposal of vehicles) —
a
after subsection (2) insert —
2ZA
In the case of a vehicle removed by, or by virtue of arrangements made by, a traffic officer, subsection (2) applies as if for paragraphs (b) and (c) there were substituted —
b
the Secretary of State is entitled to recover from any person responsible charges ascertained by reference to a prescribed scale in respect of any period during which the vehicle is in his custody; and
c
the Secretary of State is entitled to recover from any person responsible charges determined in the prescribed manner in respect of any vehicle disposed of by him in pursuance of section 101 of this Act;
;
b
after subsection (4) insert —
4A
Without prejudice to subsection (3) above, where by virtue of paragraph (a) or (b) of subsection (2) above any sum is recoverable in respect of a vehicle which is in the custody of the Secretary of State, the Secretary of State shall be entitled to retain custody of it until that sum has been paid.
; and
c
in subsection (8) —
i
in the definition of “appropriate authority” at the end insert —
and
c
in relation to a vehicle removed by, or by virtue of arrangements made by, a traffic officer, means the Secretary of State;
; and
ii
after “Transport for London,” (in the definition of “local authority”), insert —
“traffic officer” also has the meaning assigned to it by section 100(5),
.
Steps to be taken to find the owners of certain vehicles
14
1
For the purpose of section 101(3)(c), the steps to be taken by the Secretary of State to find a person appearing to be the owner of a vehicle shall be the steps set out in paragraphs (2) to (6) that are applicable to the vehicle.
2
Where the vehicle carries a GB registration mark the Secretary of State shall endeavour to ascertain from the records maintained by him, in connection with any functions exercisable by him by virtue of the Vehicle Excise and Registration Act 1994, the name and address of the person by whom the vehicle is kept and used.
3
Where the vehicle carries a GB registration mark but the Secretary of State is unable to ascertain the name and address of the person by whom the vehicle is kept and used, he shall give to —
a
the chief officer of the police force in whose area the vehicle appeared to have been abandoned, the specified information and a description of the place of abandonment; and
b
HPI Ltd, the specified information,
and shall ask whether they can make enquiries to find the owner of the vehicle.
4
Where the vehicle carries a mark indicating registration in Northern Ireland, the Secretary of State shall give to —
a
the chief officer of the police force in whose area the vehicle appeared to have been abandoned, the specified information and a description of the place of abandonment;
b
the Secretary of State for Transport (unless he is also the Secretary of State for Transport), the specified information and a description of the place of abandonment; and
c
HPI Ltd, the specified information,
and shall ask whether they can make enquiries to find the owner of the vehicle.
5
Where the vehicle carries a mark indicating registration outside the United Kingdom, the Secretary of State shall give the specified information and a description of the place of abandonment to —
a
the chief officer of the police force in whose area the vehicle appeared to have been abandoned; and
b
the Secretary of State for Transport (unless he is also the Secretary of State for Transport),
and shall ask whether they can make enquiries to find the owner of the vehicle.
6
Where the vehicle does not carry a GB registration mark or any other registration mark, the Secretary of State shall give the specified information and a description of the place of abandonment to the chief officer of the police force in whose area the vehicle appeared to have been abandoned and ask whether that officer has any information as to the owner’s identity.
Notice to owner requiring removal of vehicle
15
1
The Secretary of State shall, where the name and address of a person appearing to be the owner of a vehicle has been found, send him a notice —
a
containing the specified information; and
b
stating —
i
whether the vehicle has been removed from the place where it appeared to have been abandoned and, if so, to what place;
ii
that if he is the owner of the vehicle, he is required to remove it from the Secretary of State’s custody within the period specified; and
iii
that the Secretary of State intends to dispose of the vehicle if it is not removed within that period.
2
Subject to paragraph (3), the notice shall be served by —
a
delivering it to that person;
b
leaving it at his usual or last known place of residence; or
c
sending it by pre-paid registered or recorded delivery post, addressed to him at either of those places.
3
Where the person who appears to be the owner is a body corporate, the notice shall be served by delivering it, or sending it by prepaid registered or recorded delivery post, to its registered or principal office.
Period during which owner may remove vehicle before it can be disposed of
16
For the purpose of section 101(3)(c)(ii), the period, during which a person on whom the notice referred to in regulation 15 has been served shall be required to remove the vehicle from the Secretary of State’s custody, is 7 days beginning with the day on which the notice is served.
Information to be given relating to the disposal of a vehicle
17
1
For the purpose of section 101(7), after a vehicle has been disposed of, the Secretary of State shall give information relating to the disposal as follows.
2
Where the vehicle carried a GB registration mark or a mark indicating registration in Northern Ireland, information relating to the disposal shall be given to —
a
the Secretary of State for Transport (unless he is that Secretary of State);
b
the chief officer of the police force in whose area the vehicle appeared to have been abandoned; and
c
HPI Ltd.
3
Where the vehicle carried a mark indicating registration outside the United Kingdom, information relating to the disposal shall be given to —
a
the Secretary of State for Transport (unless he is that Secretary of State);
b
the Commissioners of Customs and Excise; and
c
the chief officer of the police force in whose area the vehicle appeared to have been abandoned.
4
Where the vehicle did not carry any registration mark, information relating to the disposal shall be given to the chief officer of the police force in whose area the vehicle appeared to have been abandoned.
5
In the case of any vehicle, information relating to the disposal shall be given to any person who appears to the Secretary of State to have been the owner of the vehicle immediately before it was disposed of.
6
In this regulation “information relating to the disposal” means, in relation to a vehicle —
a
any information which is sufficient to relate the information now being given to any information previously given to the same person in respect of the removal, storage or disposal of the vehicle;
b
such of the specified information as has not been previously given to the same person in respect of the removal, storage or disposal of the vehicle; and
c
information as to whether the vehicle was disposed of by destruction or by sale and if by sale, the sum realised.
Period during which owner may remove vehicle before it is disposed of
18
For the purpose of section 101A, where a person —
a
satisfies the Secretary of State that he is the owner of a vehicle; and
b
has paid the relevant charges,
he shall be permitted to remove the vehicle from the Secretary of State’s custody within the period of seven days beginning with the day on which the Secretary of State became satisfied that he was the owner.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
4th September 2008


text:
Citation and interpretation
1
This Order may be cited as the UK Borders Act 2007 (Commencement No. 3 and Transitional Provisions) Order 2008.
Commencement
2
The following provisions of the UK Borders Act 2007 shall come into force on 1st August 2008 —
a
the provisions set out in the Schedule to this Order in respect of a person to whom Condition 1 (within the meaning of section 32 of that Act) applies; and
b
section 39 (consequential amendments).
Transitional provisions
3
1
Subject to paragraph (2), section 32 applies, to the extent to which it is commenced in article 2(a), to persons convicted before the passing of that Act who are in custody at the time of commencement or whose sentences are suspended at the time of commencement.
2
Paragraph (1) does not apply to a person who has been served with a notice of a decision to make a deportation order under section 5 of the Immigration Act 1971 before 1st August 2008.
Liam Byrne
Minister of State
Home Office
8th July 2008


text:
Citation and commencement
1
This Order may be cited as the Inspectors of Education, Children’s Services and Skills (No. 5) Order 2008 and comes into force on 11th December 2008.
Appointment of Her Majesty’s Inspectors of Education, Children’s Services and Skills
2
The person named in the Schedule to this Order is appointed Her Majesty’s Inspector of Education, Children’s Services and Skills.
Judith Simpson
Clerk of the Privy Council


text:
1
This Order may be cited as the Export Control (Iran) (Amendment) Order 2008 and shall come into force on 27th November 2008.
2
Article 1(2) of the Export Control (Iran) Order 2007 is amended as follows —
a
in the definition of “the Regulation” after the words “Council Regulation ( EC ) No 618/2007 ” insert “, Commission Regulation (EC) No 116/2008 and Council Regulation (EC) No 1110/2008 ”.
b
in the definition of “Annex I items” after the words “listed in Annex I” insert “or Annex IA”.
Ian Pearson
Economics and Business Minister
Department for Business, Enterprise and Regulatory Reform
25th November 2008


text:
Citation commencement and interpretation
1
1
This Order may be cited as the Supply of Information (Register of Deaths) (England and Wales) Order 2008 and shall come into force on 25th March 2008 .
2
In this Order “insurer” means a person who has permission under Part IV of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance.
3
The definition of insurer in paragraph (2) must be read with —
a
section 22 of the Financial Services and Markets Act 2000;
b
any relevant order under that section; and
c
Schedule 2 to the Act.
Revocation
2
The Supply of Information (Register of Deaths) Regulations 2007 are revoked.
Disclosure of information
3
The Registrar General for England and Wales may supply information contained in any register of deaths kept by her to a person or body specified, or of a description specified, in the Schedule to this Order for use in the prevention, detection, investigation or prosecution of offences.
Karen Dunnell
Registrar General for England and Wales
3rd March 2008
I approve
Angela Eagle
Exchequer Secretary to the Treasury
By authority of the Chancellor of the Exchequer
3rd March 2008


text:
Citation and commencement
1
These Rules may be cited as the Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) (Amendment) Rules 2008 and come into force on 25th July 2008.
Interpretation
2
1
In these Rules “adjudicator” means the Adjudicator to Her Majesty’s Land Registry.
2
A reference to a rule by number alone means the rule so numbered in the Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) Rules 2003 .
Transitional
3
1
Subject to paragraph (3), and unless the adjudicator directs otherwise, these Rules apply to any proceedings in which the adjudicator receives the reference or the rectification application on or after 25th July 2008.
2
Where the adjudicator serves a written notice under rule 5(b) (notice of receipt by the adjudicator of a reference) or makes a direction under rule 17(2) (notice of a rectification application) in relation to a reference or rectification application received by the adjudicator on or after 25th July 2008 but before 25th August 2008, such written notice or direction must specify whether or not these Rules apply to the proceedings.
3
New rules 8(4) and 9(4), inserted by rules 6(b) and 7(c) of these Rules, apply to any decision of the court in respect of which the final court order is made on or after 25th July 2008.
Amendments to the Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) Rules 2003
4
The Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) Rules 2003 are amended as follows.
5
In rule 2 (interpretation) —
a
in paragraph (1) —
i
after the definition of “applicant” insert —
“document” means anything in which information is recorded in any form, and an obligation in these Rules to provide or allow access to a document or a copy of a document for any purpose means, unless the adjudicator directs otherwise, an obligation to provide access to such document or copy in a legible form or in a form which can be readily made into a legible form;
;
ii
after the definition of “respondent” insert —
“statement of truth” means —
in the case of a witness statement, a statement signed by the maker of the statement that the maker of the statement believes that the facts stated in the witness statement are true; or
in the case of other documents, a statement that the party by whom or on whose behalf the document is submitted believes the facts stated in the document are true, signed by either —
the party by whom or on whose behalf the document is submitted; or
that party’s authorised representative, in which case the statement of truth must state the name of the representative and the relationship of the representative to the party;
;
iii
in the definition of “substantive decision”, after “interim parts of the proceedings” insert “, any order made under rule 8(4) or 9(4),”; and
iv
in the definition of “witness statement” —
aa
omit “signed by a witness ”; and
bb
after “give” insert “and verified by a statement of truth”; and
b
in paragraph (2) —
i
for “In these” substitute “For the purposes of these”; and
ii
omit “or other material”.
6
In rule 8 (adjournment of proceedings before the adjudicator following a direction to commence court proceedings on the whole of the matter under section 110(1)) —
a
in paragraph (3) —
i
for “Once he” substitute “Subject to paragraph (4), once the adjudicator”; and
ii
after “final court order” insert “in accordance with rule 7(2)(c)”; and
b
after paragraph (3) insert —
4
Before closing the proceedings in accordance with paragraph (3) the adjudicator may make an order either with or without a hearing and either with or without giving prior notice to the parties if —
a
such order is necessary, in addition to the final court order, to implement the decision of the court; and
b
the adjudicator would have had the power to make such order if the adjudicator had made a substantive decision in relation to the proceedings.
.
7
In rule 9 (adjournment of proceedings before the adjudicator following a direction to commence court proceedings on part of the matter under section 110(1)) —
a
for paragraph (2) substitute —
2
Once the adjudicator has received notice under rule 7(2)(a) that court proceedings have been issued in relation to the relevant part, the adjudicator must adjourn the proceedings brought under these Rules in relation to that part, pending the outcome of the court proceedings.
;
b
in paragraph (3) —
i
for “Once he” substitute “Subject to paragraph (4), once the adjudicator”; and
ii
after “final court order on the relevant part” insert “in accordance with rule 7(2)(c)”; and
c
after paragraph (3) insert —
3A
Before closing the proceedings in relation to the relevant part in accordance with paragraph (3) the adjudicator may make an order either with or without a hearing and either with or without giving prior notice to the parties if —
a
such order is necessary, in addition to the final court order, to implement the decision of the court; and
b
the adjudicator would have had the power to make such order if the adjudicator had made a substantive decision in relation to the relevant part.
.
8
For rule 12(b) (applicant’s statement of case and documents) substitute —
b
copies of any documents in the applicant’s possession or control which —
i
are central to the applicant’s case; or
ii
the adjudicator or any other party to the proceedings will require in order properly to understand the applicant’s statement of case.
.
9
For rule 13(b) (respondent’s statement of case and documents) substitute —
b
copies of any documents in the respondent’s possession or control which —
i
are central to the respondent’s case; or
ii
the adjudicator or any other party to the proceedings will require in order properly to understand the respondent’s statement of case.
.
10
In rule 14(1) (statement of case) —
a
for “and must include” substitute “, be verified by a statement of truth and include”;
b
after sub-paragraph (c) insert “and”; and
c
omit sub-paragraph (d).
11
In rule 16(1) (form and contents of a rectification application) —
a
in sub-paragraph (b) for “signed by the applicant or the applicant’s duly authorised representative” substitute “verified by a statement of truth,”;
b
omit sub-paragraph (d)(iv); and
c
for sub-paragraph (e)(i) substitute —
i
copies of any documents in the applicant’s possession or control which —
aa
are central to the applicant’s case; or
bb
the adjudicator or any other party to the proceedings will require in order properly to understand the rectification application; and
.
12
In rule 17 (notice of a rectification application) —
a
in paragraph (2) after “must” insert “either serve, or direct the applicant to”; and
b
in paragraph (3) —
i
omit “adjudicator must specify in the”; and
ii
after the first occurrence of “paragraph (2)(a)” insert “must specify”.
13
In rule 18 (objection to a rectification application) —
a
for sub-paragraph (a)(i) substitute —
i
a written statement addressed to the adjudicator, dated and verified by a statement of truth, setting out the grounds for the objection;
;
b
omit sub-paragraph (a)(ii); and
c
for sub-paragraph (a)(iii) substitute —
iii
copies of any documents in the party’s possession or control which —
aa
are central to the party’s case; or
bb
the adjudicator or any other party to the proceedings will require in order properly to understand the party’s written statement;
.
14
For rule 20 (directions) substitute —
Directions
20
1
The adjudicator may at any time, on the application of a party or otherwise, give directions to enable the parties to prepare for a hearing, or to assist the adjudicator to conduct the proceedings or determine any question in the proceedings with or without a hearing.
2
Such directions may include, but are not limited to —
a
a direction that the parties attend a case management conference or a pre-hearing review; and
b
such other directions as are provided for in these Rules.
.
15
In rule 21 (form of directions) —
a
in paragraph (2) after “must” insert “, where appropriate,”; and
b
in paragraph (3) omit “or any other material”.
16
In rule 24 (addition and substitution of parties) —
a
in paragraph (5) after “must” insert “either serve, or direct one or more of the existing parties to”;
b
for paragraph (6)(b) substitute —
b
copies of any documents in the new party’s possession or control which —
i
are central to the new party’s case; or
ii
the adjudicator or any other party to the proceedings will require in order properly to understand the new party’s statement of case.
; and
c
in paragraph (10) —
i
for “Following” substitute “When directing”;
ii
after “substitution of parties” insert “or at any time thereafter”; and
iii
in sub-paragraph (c) —
aa
for “listed in the new party’s list of documents” substitute “under paragraph (6)(b)”; and
bb
for “served on the adjudicator” substitute “served by or on the adjudicator and each of the other parties”.
17
In rule 27 (disclosure and inspection of documents) —
a
in paragraph (1) omit “or other material”; and
b
for paragraph (2) substitute —
2
Within 28 days after service of the respondent’s statement of case under rule 13 or the lodging of an objection under rule 18, each party must —
a
serve on the adjudicator and each of the other parties a list, which complies with rule 47, of all documents in that party’s possession or control which —
i
that party intends to rely upon in the proceedings;
ii
adversely affect that party’s own case;
iii
adversely affect another party’s case; or
iv
support another party’s case; and
b
send to the adjudicator copies of all documents in the list served under sub-paragraph (a).
3
Paragraph (4) applies to documents —
a
referred to in a party’s —
i
statement of case;
ii
rectification application under rule 16(1); or
iii
written statement under rule 18(a)(i); or
b
appearing on a list served by a party under paragraph (2).
4
In addition to any other requirement in these rules to disclose or provide copies of documents, in relation to any document referred to in paragraph (3) each party must —
a
permit any other party to inspect and take copies on reasonable notice and at a reasonable time and place; and
b
provide a copy if requested by another party on payment by such other party of reasonable copying costs.
5
Paragraphs (2), (3) and (4) are subject to any direction of the adjudicator to the contrary.
6
The adjudicator may at any time give directions requiring a party to state whether that party has any particular document, or class of documents, in its possession or control and, if so, to comply with the requirements of paragraphs (2), (3) and (4) in relation to such documents as if one of the categories at paragraph (2)(a) applied to them.
.
18
In rule 28(1) and (3)(e) (requirement notices) omit “or other material”.
19
In rule 30(1)(c), (4) and (6) (site inspections) for “Council on Tribunals” substitute “Administrative Justice and Tribunals Council”.
20
After rule 32 (scope of part 5) insert —
Summary disposal
32A
1
The adjudicator may summarily dispose of the proceedings or any particular issue in the proceedings on an application by a party or of its own motion if —
a
the adjudicator considers that the applicant or respondent has no real prospect of succeeding in the proceedings or on the issue; and
b
there is no other compelling reason why the proceedings or issue should not be disposed of summarily.
2
Except with the permission of the adjudicator, an applicant may not apply for summary disposal until the respondent has served a statement of case or lodged an objection (as appropriate), or the respondent’s time to do so has expired.
3
A respondent may apply for summary disposal at any time after the applicant has served a statement of case or rectification application (as appropriate), or (in the case of service of a statement of case) the applicant’s time to do so has expired.
4
Paragraph (5) applies where —
a
a respondent applies for summary disposal before serving a statement of case or lodging an objection (as appropriate) and before the time to do so has expired; and
b
that application does not result in the disposal of the entire proceedings.
5
In the circumstances described in paragraph (4) the respondent’s time for serving a statement of case or lodging an objection is extended to —
a
28 days after service on the respondent of the adjudicator’s decision in relation to the application for summary disposal; or
b
such other time as the adjudicator directs.
6
An application for summary disposal must include a witness statement in support of the application. That witness statement must state that the party making the application —
a
believes that the other party has no real prospect of succeeding on the proceedings or on the issue to which the application relates; and
b
knows of no other reason why the disposal of the proceedings or issue should not be disposed of summarily.
7
When serving a notice under rule 51(5) or (7), or directing the party making the application to serve a notice under rule 51(5), and such notice relates in whole or in part to summary disposal, the adjudicator must give directions for the service of evidence by the parties and for the determination of the issue of summary disposal.
8
When the adjudicator determines the issue of summary disposal the adjudicator may make an order —
a
disposing of the proceedings or of any issue; or
b
dismissing the application for or intention to consider summary disposal.
9
Where an order made under paragraph (8) does not dispose of the entire proceedings, the adjudicator must give case management directions as to the future conduct of the proceedings.
.
21
Omit rule 37 (attendance at hearings by members of the Council on Tribunals).
22
In rule 40 (substantive orders and written reasons) —
a
for paragraph (1)(c) substitute —
c
be sealed and state the name of the person making the order;
;
b
in paragraph (1)(f) before “state” insert “where appropriate,”; and
c
in paragraph (3) omit “or any other material”.
23
After rule 41 (substantive orders on a reference that include requirements on the registrar) insert —
Orders under rule 8(4) or 9(4)
41A
An order made under rule 8(4) or 9(4) must —
a
comply with the requirements of rule 40(1)(a), (b), (c) and (f), (2), (3), (4) and (5) as if it were a substantive order;
b
identify the decision of the court which the order implements; and
c
state the reasons why the order complies with rule 8(4)(a) or 9(4)(a).
.
24
In rule 42 (costs) —
a
for paragraph (1)(a)(i) substitute —
i
the conduct of the parties —
aa
in respect of proceedings commenced by a reference, during (but not prior to) the proceedings; or
bb
in respect of proceedings commenced by a rectification application, before and during the proceedings;
;
b
in paragraph (1)(b) omit “during the proceedings”;
c
for paragraph (4) substitute —
4
An order as to costs may, without limitation —
a
require a party to pay the whole or a part of the costs of another party and —
i
specify a fixed sum or proportion to be paid; or
ii
specify that costs from or until a certain date are to be paid;
b
if the adjudicator considers it impracticable to make an order in respect of the relevant part of a party’s costs under paragraph (a), specify that costs relating to a distinct part of the proceedings are to be paid;
c
specify an amount to be paid on account before costs are agreed or assessed; or
d
specify the time within which costs are to be paid.
;
d
for paragraph (5) substitute —
5
The adjudicator may —
a
summarily assess the whole or a part of a party’s costs; or
b
specify that, if the parties are unable to reach agreement on an amount to be paid, the whole or a part of a party’s costs be assessed in a specified manner.
;
e
in paragraph (6) —
i
for “A costs order” substitute “An order as to costs must be recorded in a costs order and”; and
ii
in sub-paragraph (c) for “signed by the adjudicator” substitute “sealed and state the name of the person making the order”; and
f
for paragraph (11) substitute —
11
Where costs are to be assessed on the indemnity basis, the adjudicator must resolve in favour of the receiving party any doubt as to the reasonableness of the incurring or the amount of the costs.
.
25
In rule 43(6)(c) (costs thrown away) for “signed by the adjudicator” substitute “sealed and state the name of the person making the order”.
26
In rule 45(7)(e) (appeals to the High Court) for “signed by the adjudicator” substitute “sealed and state the name of the person making the order”.
27
In rule 47 (list of documents and documents) —
a
in paragraph (1) —
i
after “writing and” insert “, subject to paragraph (1A),”; and
ii
omit paragraph (b); and
b
after paragraph (1) insert —
1A
If a large number of documents fall into a particular class, that class of documents may be listed in accordance with paragraph (1) as if it were an individual document.
1B
If a class of documents is listed in accordance with paragraph (1A), the description of the class of documents must be sufficiently clear and precise to enable any party receiving the list to identify —
a
the nature of the contents of each document included within that class of documents; and
b
whether any particular document which exists is included within that class of documents.
.
28
In rule 48(2) (evidence) omit “or other material”.
29
In rule 50 (service of documents) —
a
in paragraph (4)(c) omit “subject to paragraph (5),”; and
b
omit paragraph (5).
30
In rule 51 (applications, actions by the adjudicator of his own motion, notification, representations and objections) —
a
in paragraph (5) —
i
after “must” insert “either serve, or direct the party making the application to”; and
ii
after “affected by it” insert “, and any such direction to the party making the application must include the information to be included in the notice under paragraph (6)(d)”;
b
in paragraph (6) —
i
for “In the” substitute “The”; and
ii
omit “the adjudicator ”;
c
in paragraph (10) after “required to” insert “serve, or direct the applicant to”; and
d
for paragraph (11) substitute —
11
Paragraph (10) does not apply to notices —
a
under paragraphs (5) or (7) which relate to a proposal that the adjudicator exercise the power under rule 32A(1); or
b
required to be served by rule 33.
.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
27th June 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Regulatory Enforcement and Sanctions Act 2008 (Commencement No 1) Order 2008.
2
In this Order “ the Act ” means the Regulatory Enforcement and Sanctions Act 2008.
Commencement
2
The following provisions of the Act shall come into force on 1st October 2008 —
a
Part 1 and Schedules 1 to 3 (the Local Better Regulation Office);
b
Sections 24(1)(b), 24(1)(c), 28(6), 28(7) and 34 and paragraph 6(2) of Schedule 4;
c
Part 3 and Schedules 5 to 7 (civil sanctions); and
d
Part 4 (regulatory burdens).
Shiriti Vadera
Parliamentary Under Secretary of State for Business and Competitiveness,
Department for Business, Enterprise and Regulatory Reform
8th September 2008


text:
Citation, commencement and extent
1
1
This Order may be cited as the Police Authorities (Best Value) Performance Indicators Order 2008.
2
This Order shall come into force on 1st April 2008.
3
This Order extends to England and Wales.
Performance indicators
2
The performance indicators by reference to which the performance of each police authority in England and Wales in exercising their functions can be measured are specified in the Schedule.
Revocation
3
The following Orders are revoked —
a
the Police Authorities (Best Value) Performance Indicators Order 2005 ; and
b
the Police Authorities (Best Value) Performance Indicators (Amendment) Order 2006 .
Tony McNulty
Minister of State
Home Office
10th March 2008


text:
Citation
1
This Order may be cited as the Special Educational Needs (Information) Act 2008 (Commencement) Order 2008.
Provision coming into force on 1st January 2009
2
Section 1 of the Special Educational Needs (Information) Act 2008 comes into force on 1st January 2009.
Sarah McCarthy-Fry
Parliamentary Under Secretary of State
Department for Children, Schools and Families
6th October 2008


text:
1
This Order may be cited as the Manchester College of Arts and Technology and City College, Manchester (Dissolution) Order 2008 and comes into force on 1st August 2008.
2
On 1st August 2008 each of the corporations shall be dissolved and all of their property, rights and liabilities shall be transferred to the Manchester College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by any of the corporations immediately before 1st August 2008 as if the references in that section–
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2008;
c
to the transferor were to the corporation in question; and
d
to the corporation were to the Manchester College.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
22nd May 2008


text:
Citation and commencement
1
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment No.3) Regulations 2008.
2
These Regulations shall come into force on 15th December 2008.
Amendment of regulation 27 of the Road Vehicles (Registration and Licensing) Regulations 2002
2
1
Regulation 27 of the Road Vehicles (Registration and Licensing) 2002 is amended in accordance with this regulation.
2
For paragraph (1)(a), substitute —
a
i
by a local authority for any purpose connected with the investigation of an offence,
ii
by a local authority in Scotland, for any purpose connected with the investigation of a decriminalised parking contravention, or
iii
by a local authority in England and Wales, for any purpose connected with its activities as an enforcement authority within the meaning of Part 6 of the Traffic Management Act 2004 ;
.
3
In paragraph (3)(a), omit paragraphs (i) and (ii).
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
3rd November 2008


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Education (National Curriculum) (Modern Foreign Languages) (England) Order 2008 and comes into force on 1st August 2008.
2
In this Order “the 2004 Order ” means the Education (National Curriculum) (Modern Foreign Languages) (England) Order 2004 .
3
This Order applies in relation to England.
Specification of modern foreign language
2
Subject to article 3(2), for the purposes of section 84(4) of the Education Act 2002 “modern foreign language” means any modern foreign language.
Revocation and savings
3
1
Subject to paragraph (2), the 2004 Order is revoked.
2
The 2004 Order continues to apply to any pupil who was in the third key stage immediately before 1st August 2008.
Jim Knight
Minister of State
Department for Children, Schools and Families
3rd July 2008