text:
Citation, commencement and application
1
1
These Regulations may be cited as the School Organisation (Prescribed Alterations to Maintained Schools)(England) Regulations 2007 and come into force on 25th May 2007.
2
These Regulations apply to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Education and Inspections Act 2006 ;
“ EA 2002 ” means the Education Act 2002 ;
“ EA 2005 ” means the Education Act 2005 ;
“ SSFA 1998 ” means the School Standards and Framework Act 1998 ;
“the Constitution Regulations ” means the School Governance (Constitution) (England) Regulations 2007 ;
“the Foundation Regulations ” means the School Organisation (Requirements as to Foundations)(England) Regulations 2007;
“Accessibility Strategy” has the meaning given by section 28D of the Disability Discrimination Act 1995 ;
“admission number” means the number of pupils in any relevant age group that it is intended to admit or (where the context requires) have been admitted as determined by the admission authority (in accordance with section 89 and 89A of the SFFA 1998 );
“the capacity guidance” means the Department for Education and Skills Guidance “Assessing the Net Capacity of Schools” issued in August 2002, reference number DfES/0729REV/2001 and references to the capacity of a school are references to the net capacity of that school determined in accordance with that guidance;
“change of category to foundation” has the meaning set out in regulation 3;
“Children and Young People’s Plan” means any plan published by the local education authority under section 17 of the Children Act 2004 ;
“date of publication” of proposals is —
the date on which the requirements of paragraphs 6, 7 and 21(4) of Schedule 1, 28 and 41(4) of Schedule 3, and 28 and 41(4) of Schedule 5 as applicable, are satisfied; and
where different requirements are satisfied on different days, the last of such days;
“Early Years Foundation Stage” means the foundation stage defined by section 81 of EA 2002, or the learning and development and welfare requirements specified by the Secretary of State by order and regulations made under section 39 of the Childcare Act 2006 when they come into force ;
“extended services” has the same meaning given to it in the publication entitled “Extended Schools Access to Opportunities and Services for All” published by the Department for Education and Skills, dated June 2005 and with ISBN Number 1-84478-451-7;
“foundation proposals” has the meaning set out in regulation 3;
“further education college” means an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992 );
“grammar school” has the same meaning as in Chapter 2 of Part 3 of SSFA 1998;
“implementation date” means the date approved or specified by the governing body, local education authority or adjudicator (as the case may be) as the date on which it is intended that the change of category to foundation or other change of category which falls to be implemented, should take place;
“indicated admission number” means the number of pupils in any relevant age group referred to as such in, and determined in accordance with, the net capacity assessment method set out in the capacity guidance;
“mainstream school” means a maintained school which is not a special school;
“ NHS trust” means a body established by the Secretary of State under section 25 of the National Heath Service Act 2006 ;
“NHS foundation trust” has the same meaning as in section 30(1) of the National Health Service Act 2006;
“Primary Care Trust” means a body established or continuing under section 18 of the National Health Service Act 2006;
“representation period” means the appropriate period prescribed in these Regulations in which objections or comments must be made;
“relevant change” has the meaning set out in regulation 3;
“special educational needs” has the meaning given by section 312 of the Education Act 1996 ;
“special school” means a community special school or a foundation special school;
“sponsor governor” means a person who is nominated as a sponsor governor and is appointed as such by the governing body in accordance with Schedule 5 to the Constitution Regulations;
“sixth form education” means full-time education suitable to the requirements of pupils over compulsory school age;
“trustees of the school” means any person (other than the governing body) holding property on trust for the purposes of the school;
“14-16 education” means educational provision for 14-16 year olds;
“16-19 institution” means a maintained school which —
provides full-time education suitable to the requirements of pupils over compulsory school age, and
does not provide full-time education suitable to the requirements of pupils of compulsory school age; and
any references to section 18, 19, 20, 21 , 23 or 24 is a reference to that section of the Act.
Alterations to maintained schools by governing bodies: foundation proposals
3
1
The alterations specified in paragraph (2), are to be known as foundation proposals and are —
a
prescribed under section 18 as alterations that may be implemented in respect of a community, foundation, voluntary aided, voluntary controlled, community special or foundation special school in pursuance of proposals published by the governing body; and
b
in the case of a community or community special school, are designated under section 19(3) as alterations capable of being proposed by the governing body.
2
The prescribed alterations are —
a
a change of category ( a “change of category to foundation”) —
i
from a community school to a foundation school;
ii
from a voluntary aided school to a foundation school;
iii
from a voluntary controlled school to a foundation school;
iv
from a community special school to a foundation special school;
b
in relation to foundation and foundation special schools only, the acquisition of a foundation established otherwise than under SSFA 1998;
c
in relation to foundation and foundation special schools only, where the instrument of government of the school does not provide for a majority of the governing body to be foundation governors, any change in the instrument of government which results in the majority of governors being foundation governors (“a relevant change”).
3
Part 1 of Schedule 1 provides for the information to be included in, or provided in relation to, foundation proposals.
4
Part 2 of Schedule 1 provides for the publication, determination and implementation of foundation proposals.
Other alterations to maintained schools by governing bodies
4
1
The alterations specified in Part 1 of Schedule 2 are (in addition to foundation proposals) prescribed under section 18 as alterations that may be implemented in respect of a foundation or voluntary school in pursuance of proposals published by the governing body of the school.
2
The alterations specified in Part 2 of Schedule 2 are (in addition to foundation proposals) —
a
prescribed under section 18 as alterations that may be implemented in respect of a community school, in pursuance of proposals published by the governing body of the school; and
b
designated under section 19(3) as alterations capable of being proposed by that governing body.
3
The alterations specified in Part 3 of Schedule 2 are (in addition to foundation proposals) —
a
prescribed under section 18 as alterations that may be implemented in respect of a community special school or a foundation special school in pursuance of proposals published by the governing body of the school; and
b
in the case of a community special school, designated under section 19(3) as alterations capable of being proposed by that governing body.
4
Part 1 of Schedule 3 provides for the information to be included in, or provided in relation to, governing body proposals for alterations other than foundation proposals.
5
Part 2 of Schedule 3 provides for the publication, determination and implementation of proposals for alterations other than foundation proposals.
6
Part 3 of Schedule 3 applies in relation to change of category alterations, other than foundation proposals.
Alterations to maintained schools by local education authorities
5
1
The alterations specified in Part 1 of Schedule 4 are —
a
prescribed under section 18 as alterations that may be implemented in respect of a community school in pursuance of proposals published by the local education authority; and
b
designated under section 19(2) as alterations capable of being proposed by the local education authority.
2
The alterations specified in Part 2 of Schedule 4 are —
a
prescribed under section 18 as alterations that may be implemented in respect of a community special school in pursuance of proposals published by the local education authority; and
b
designated under section 19(2) as alterations capable of being proposed by the local education authority.
3
The alterations specified in Part 3 of Schedule 4 are —
a
prescribed under section 18 as alterations that may be implemented in respect of a maintained nursery school in pursuance of proposals published by the local education authority; and
b
designated under section 19(2) as alterations capable of being proposed by the local education authority.
4
The alterations specified in Part 4 of Schedule 4 are prescribed under section 18 as alterations that may be implemented in respect of a foundation or voluntary school in pursuance of proposals published by the local education authority .
5
The alterations specified in Part 5 of Schedule 4 are prescribed under section 18 as alterations that may be implemented in respect of a foundation special school in pursuance of proposals published by the local education authority .
6
Part 1 of Schedule 5 provides for the information to be included in or provided in relation to, proposals concerning alterations falling within paragraphs (1) to (5).
7
Part 2 of Schedule 5 provides for the publication, determination and implementation of proposals concerning alterations falling within paragraphs (1) to (5).
Consultation prior to these Regulations
6
If before May 25 th 2007 any action was taken which (had it been taken on or after that day) would to any extent have satisfied the requirements of paragraph 5 of Part 2 of Schedule 1, paragraph 27 of Part 2 of Schedule 3 and paragraph 27 of Part 2 of Schedule 5, those requirements are to that extent to be treated as satisfied.
Land transfers
7
Schedule 6 has effect in relation to the transfer of land where a school changes category.
Regard to guidance
8
Any governing body, local education authority or adjudicator (where applicable) when —
a
consulting on proposals;
b
considering or determining proposals;
c
considering what are related proposals;
d
making decisions on matters relating to implementation
must have regard to any guidance given from time to time by the Secretary of State.
Revocation
9
The regulations specified in Schedule 7 are revoked.
Jim Knight
Minister of State
Department for Education and Skills
26th April 2007


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East London and The City Mental Health National Health Service Trust (Change of Name)(Establishment) Amendment Order 2007 and shall come into force on 1 st April 2007.
2
In this Order, “the Establishment Order ” means the East London and The City Mental Health National Health Service Trust (Establishment) Order 2000 .
Change of name of trust and transitional provision
2
1
The trust shall be called the East London and the City University Mental Health National Health Service Trust instead of the East London and The City Mental Health National Health Service Trust, and accordingly in article 1(2) of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order, for “East London and The City” there shall be substituted “East London and the City University”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before or on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Amendment of nature and functions of the trust
3
Article 3(2) of the Establishment Order (nature and functions of the trust) shall be replaced by the following —
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service.
.
Increase in the number of non-executive directors of the trust
4
In article 4 of the Establishment Order (directors of the trust) “5 non-executive directors” shall be replaced by “7 non-executive directors”.
Signed by authority of the Secretary of State
Mr Ivan Lewis
Parliamentary Under Secretary of State
Department of Health
14th March 2007


text:
Citation and commencement
1
1
This Order may be cited as the Air Navigation (Amendment) (No. 2) Order 2007 and, subject to paragraph (2), comes into force on 31st January 2008.
2
Articles 13 and 14 come into force on 31st March 2008.
Amendment of the Air Navigation Order 2005
2
The Air Navigation Order 2005 is amended as follows.
Airworthiness deregulation of small microlights
3
In article 8(2) —
a
in paragraph (d) omit the final “or”;
b
at the end of paragraph (e) for the full stop substitute “; or”; and
c
after paragraph (e) add —
f
a microlight aeroplane that —
i
is designed to carry one person only;
ii
has a maximum weight without its pilot and fuel of 115kg;
iii
has a maximum wing loading without its pilot and fuel of 10 kg per square metre; and
iv
is flying on a private flight.
.
Acceptance of EASA permits to fly
4
In article 8(2)(e) after “an EASA permit to fly” omit “issued by the CAA ”.
Changes concerning the National Private Pilot’s Licence (Aeroplanes)
5
1
For article 27(4) substitute —
4
Subject to paragraph (5), the CAA may, subject to such conditions as it thinks fit, include in any United Kingdom licence or JAR-FCL licence, any rating or qualification specified in Section 1 of Part B of Schedule 8, upon being satisfied that the applicant is qualified by reason of his knowledge, experience, competence, skill and physical and mental fitness to act in the capacity to which the rating or qualification relates, and such rating or qualification is deemed to form part of the licence.
4A
The CAA may, subject to such conditions as it thinks fit, include in any United Kingdom licence, JAR-FCL licence or National Private Pilot’s Licence (Aeroplanes), any rating specified in Section 2 of Part B of Schedule 8, upon being satisfied that the applicant is qualified by reason of his knowledge, experience, competence, skill and physical and mental fitness to act in the capacity to which the rating relates, and any such rating is deemed to form part of the licence.
2
For article 27(5) substitute —
5
The CAA shall not grant a flying instructor’s rating (aeroplanes), an assistant flying instructor’s rating (aeroplanes), a flying instructor’s rating (helicopters) or an assistant flying instructor’s rating (helicopters).
.
3
For the heading to article 28 substitute “Maintenance of privileges of aircraft ratings specified in Section 1 of Part B of Schedule 8 in United Kingdom licences for which there are no JAR-FCL equivalents except for Basic Commercial Pilot’s Licences, Flight Engineer’s Licences and Flight Navigator’s Licences.”
4
In article 28(2) for “contained in the licence” substitute “specified in Section 1 of Part B of Schedule 8 and included in the licence”.
5
In article 28(3) for “contained in the licence” substitute “specified in Section 1 of Part B of Schedule 8 and included in the licence”.
6
For article 28(4) substitute —
4
The holder of a United Kingdom Private Pilot’s Licence (Gyroplanes) is not entitled to exercise the privileges of an aircraft rating specified in Section 1 of Part B of Schedule 8 and included in the licence unless the certificate of test or certificate of experience required by paragraph (2) is included in the personal flying log book required to be kept by him under article 35.
.
7
After article 28 insert —
Maintenance of privileges of Flight Navigator’s Licences
28A
The holder of a Flight Navigator’s Licence is not entitled to perform functions on a flight to which article 25(9) applies unless the licence bears a valid certificate of experience which certificate is appropriate for the functions he is to perform on that flight in accordance with Section 1 of Part C of Schedule 8 and which otherwise complies with that Part.
.
8
In the heading to article 29 after “aircraft ratings” insert “specified in Section 1 of Part B of Schedule 8”.
9
In article 29(2) for “an aircraft rating contained in the licence” substitute “an aircraft rating specified in Section 1 of Part B of Schedule 8 and included in the licence”.
10
In article 29(2)(a) after “in respect of the rating” insert “issued and valid in accordance with Section 2 of Part C of Schedule 8”.
11
Add at the end of article 29(3) “issued and valid in accordance with Section 2 of Part C of Schedule 8”.
12
Omit article 30.
13
For the heading to article 31 substitute “Maintenance of privileges of other ratings specified in Section 1 of Part B of Schedule 8”.
14
For article 31(2) substitute —
2
a
A person is not entitled to perform the functions to which a rating specified in Section 1 of Part B of Schedule 8 and described in sub-paragraph (b) relates unless his licence bears a valid certificate of revalidation in respect of the rating issued and valid in accordance with Section 2 of Part C of Schedule 8.
b
The ratings referred to in sub-paragraph (a) are —
i
an instrument rating (aeroplane);
ii
an instrument rating (helicopter); and
iii
any instructor’s rating other than a flying instructor’s rating (gyroplanes) or an assistant flying instructor’s rating (gyroplanes).
.
15
After article 31 insert —
Maintenance of privileges of ratings specified in Section 2 of Part B of Schedule 8
31A
1
Subject to paragraph (2), the holder of a United Kingdom Licence, a JAR-FCL Licence or a National Private Pilot’s Licence (Aeroplanes) is not entitled to exercise the privileges of any rating specified in Section 2 of Part B of Schedule 8 which is included in the licence unless the licence includes a certificate of revalidation in respect of the rating issued and valid in accordance with Section 3 of Part C of Schedule 8.
2
The holder of a United Kingdom Private Pilot’s Licence is not entitled to exercise the privileges of a microlight aeroplane class rating specified in Section 2 of Part B of Schedule 8 which is included in the licence unless the requirement in paragraph (3) is satisfied.
3
The requirement referred to in paragraph (2) is that there is included in the personal flying log book required to be kept by him under article 35 a valid certificate of test or a valid certificate of experience in respect of the rating, which certificate is in either case appropriate to the functions he is to perform on that flight in accordance with Section 1 of Part C of Schedule 8 and which otherwise complies with that Section.
16
For article 32 substitute —
Requirement for a medical certificate
32
1
This article applies to any licence granted under article 27, other than a National Private Pilot’s Licence (Aeroplanes) or a Flight Radiotelephony Operator’s Licence.
2
The holder of a licence to which this article applies is not entitled to perform any of the functions to which his licence relates unless it includes an appropriate valid medical certificate issued under paragraph (4).
3
Every applicant for or holder of a licence to which this article applies must, whenever the CAA requires, submit himself to medical examination by a person approved by the CAA, either generally or in a particular case or class of cases, who must make a report to the CAA in such form as the CAA may require.
4
On the basis of such medical examination, the CAA or any person approved by it as competent to do so may issue a medical certificate subject to such conditions as it or he thinks fit to the effect that it or he has assessed the holder of the licence as meeting the requirements specified by the CAA in respect of the certificate.
5
A medical certificate will, without prejudice to article 32B(3), be valid for such period as is specified in the certificate.
6
A medical certificate is deemed to form part of the licence.
Requirement for a medical declaration for a National Private Pilot’s Licence (Aeroplanes)
32A
1
The holder of a National Private Pilot’s Licence (Aeroplanes) is not entitled to exercise any of the privileges of the licence unless he has either a medical certificate which is valid in accordance with article 32 or a medical declaration which is valid in accordance with paragraph (2).
2
A medical declaration is valid if —
a
the applicant has signed a statement in the declaration that he believes himself to meet the requirements to fly having regard to the standards specified by the CAA in the declaration;
b
the applicant reasonably holds that belief;
c
the applicant has authorised his General Practitioner to review his medical records;
d
his General Practitioner has signed a statement in the declaration that, having seen those medical records, he is satisfied that there is nothing in the pilot’s medical history which prevents him from meeting the medical standards specified in the declaration; and
e
the validity period of the declaration has not expired.
3
The validity period of a medical declaration commences on the date it is signed by the General Practitioner and is as specified in the following table.
Period of validity of medical declaration
Age of applicant at date of signature by GP Medical declaration validity period
Under 45 Until the applicant’s 45th birthday or 5 years whichever is the longer period 45 to 59 5 years 60-64 Until the applicant’s 65th birthday or 1 year whichever is the longer period 65 or over 1 year
Licence holder not to act a member of flight crew when unfit
32B
1
A person is not entitled to act as a member of the flight crew of an aircraft registered in the United Kingdom if he knows or suspects that his physical or mental condition renders him temporarily or permanently unfit to perform such functions or to act in such capacity.
2
Every holder of a medical certificate issued under article 32 who —
a
suffers any personal injury involving incapacity to undertake his functions as a member of the flight crew;
b
suffers any illness involving incapacity to undertake those functions throughout a period of 21 days or more; or
c
in the case of a woman, has reason to believe that she is pregnant,
must inform the CAA in writing of such injury, illness or pregnancy, as soon as possible in the case of injury or pregnancy, and as soon as the period of 21 days has expired in the case of illness.
3
The medical certificate is deemed to be suspended upon the occurrence of such injury or the expiry of such period of illness or the confirmation of the pregnancy.
4
In the case of injury or illness the suspension ceases upon the holder being medically examined under arrangements made by the CAA and pronounced fit to resume his functions as a member of the flight crew or upon the CAA exempting, subject to such conditions as it thinks fit, the holder from the requirement of a medical examination.
5
In the case of pregnancy, the suspension may be lifted by the CAA for such period and subject to such conditions as it thinks fit and ceases upon the holder being medically examined under arrangements made by the CAA after the pregnancy has ended and pronounced fit to resume her functions as a member of the flight crew.
Training for landing on or taking off from water
32C
A person must not act as pilot in command of an aircraft which takes off from or lands on water unless appropriate training has been completed and recorded in his personal flying log book.
.
17
In article 155(1) after the definition of Special VFR flight insert —
‘ SSEA ’ means a simple single engine aeroplane;
.
6
1
In the heading to Schedule 8 for “articles 27, 28, 29, 30 and 31” substitute “articles 27, 28, 28A, 29, 31 and 31A”.
2
In Schedule 8, Part A, Section 1, Sub-Section 1 in the privileges of the Private Pilot’s Licence (Aeroplanes), in paragraph (2)(b) for “microlight aircraft” substitute “microlight aeroplane”.
3
In Schedule 8, Part A, Section 2, Sub-Section 1, in the privileges and conditions of the Private Pilot Licence (Aeroplane) —
a
in paragraph (1) after “Subject to” insert “paragraph (4) and to”;
b
after paragraph (3) add —
4
a
If the licence includes a flying instructor’s rating, a flight instructor rating or an assistant flying instructor’s rating by virtue of which the holder is entitled to give instruction in flying microlight aeroplanes or self-launching motor gliders he may fly such an aeroplane for the purpose of aerial work specified in sub-paragraph (b) and receive remuneration specified in sub-paragraph (c).
b
The aerial work referred to in sub-paragraph (a) consists of the giving of instruction in flying, or the conducting of flying tests for the purposes of this Order, in either case in an aeroplane owned, or operated under arrangements entered into, by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members.
c
The remuneration referred to in sub-paragraph (a) is remuneration for the giving of such instruction or the conducting of such flying tests as are specified in sub-paragraph (b) in a microlight aeroplane or a self-launching motor glider.
.
4
In Schedule 8, Part A, Section 3, in the privileges and conditions of the National Private Pilot’s Licence (Aeroplanes) —
a
for “simple single engine aeroplane” wherever it occurs, insert “SSEA”;
b
for paragraph (1) substitute —
1
Subject to paragraphs (2), (3), (4), (4A), (4B), (5) and (6), the holder of the licence is entitled to fly as pilot in command of any SSEA, microlight aeroplane or self-launching motor glider for which a class rating is included in the licence.
;
c
at the end of paragraph (3) add “or (4A)”;
d
in paragraph (4) after “The circumstances” insert “first”;
e
after paragraph (4) insert —
4A
The circumstances secondly referred to in paragraph (3) are that he flies such an aeroplane for the purpose of aerial work which consists of —
a
the giving of instruction in flying microlight aeroplanes or self-launching motor gliders, if his licence includes a flying instructor’s rating or an assistant flying instructor’s rating; or
b
the conducting of flying tests for the purposes of this Order,
in either case in an aeroplane owned, or operated under arrangements entered into, by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members.
Receipt of remuneration
4B
He must not receive any remuneration for his services as a pilot on a flight except that if his licence includes a flying instructor’s rating or an assistant flying instructor’s rating entitling him to give instruction in flying microlight aeroplanes or self-launching motor gliders he may receive remuneration for the giving of such instruction or the conducting of such flying tests as are specified in paragraph (4A) in a microlight aeroplane or a self-launching motor glider.
;
f
omit paragraph (7).
7
For Schedule 8 Part B substitute —
PART B Ratings and qualifications
SECTION 1 Ratings which may be included in United Kingdom Licences and JAR-FCL Licences but not in National Private Pilot’s Licences (Aeroplanes)
SUB-SECTION 1 Aircraft ratings
1
An aircraft rating may, subject to article 27(5), be included in a United Kingdom licence or a JAR-FCL licence granted under Part 4, and, subject to the provisions of this Order and of the licence, the inclusion of a rating in a licence has the consequences respectively specified as follows.
2
When included in a pilot licence an aircraft rating entitles the holder of the licence to act as pilot of aircraft of the types and classes specified in the aircraft rating and different types and classes of aircraft may be specified in respect of different privileges of a licence.
3
When included in a Flight Engineer’s Licence an aircraft rating entitles the holder of the licence to act as flight engineer only of aircraft of a type specified in the aircraft rating.
SUB-SECTION 2 Other ratings
1
The following ratings and qualifications may, subject to article 27(5), be included in a United Kingdom pilot licence or a JAR-FCL pilot licence granted under Part 4, and, subject to the provisions of this Order and of the licence, the inclusion of a rating or qualification in a licence has the consequences respectively specified as follows —
Instrument meteorological conditions rating (aeroplanes)
1
Subject to paragraph (2), within the United Kingdom an instrument meteorological conditions rating (aeroplanes) rating entitles–
a
the holder of a United Kingdom Private Pilot’s Licence (Aeroplanes) or a United Kingdom Basic Commercial Pilot’s Licence (Aeroplanes) to fly as pilot in command of an aeroplane without being subject to the restrictions contained respectively in paragraph (2)(c) or (f) of the privileges of the United Kingdom Private Pilot’s Licence (Aeroplanes) or paragraph (3)(g) or (i) of the privileges of the United Kingdom Basic Commercial Pilot’s Licence (Aeroplanes); and
b
the holder of a JAR–FCL Private Pilot Licence (Aeroplane) to fly as pilot in command of an aeroplane in Class D or E airspace in circumstances which require compliance with the Instrument Flight Rules.
2
The rating does not entitle the holder of the licence to fly –
a
on a special VFR flight in a control zone in a flight visibility of less than 3 km; or
b
when the aeroplane is taking off or landing at any place if the flight visibility below cloud is less than 1800 metres.
Instrument rating (aeroplane)
An instrument rating (aeroplane) entitles the holder of the licence to act as pilot in command or co-pilot of an aeroplane flying in controlled airspace in circumstances which require compliance with the Instrument Flight Rules.
Instrument rating (helicopter)
An instrument rating (helicopter) entitles the holder of the licence to act as pilot in command or co-pilot of a helicopter flying in controlled airspace in circumstances which require compliance with the Instrument Flight Rules.
Night rating (aeroplanes)
A night rating (aeroplanes) entitles the holder of a United Kingdom Private Pilot’s Licence (Aeroplanes) or a United Kingdom Basic Commercial Pilot’s Licence (Aeroplanes) to act as pilot in command of an aeroplane at night.
Night qualification (aeroplane)
A night qualification (aeroplane) entitles the holder of a United Kingdom Private Pilot’s Licence (Aeroplanes), a JAR–FCL Private Pilot Licence (Aeroplane) or a United Kingdom Basic Commercial Pilot’s Licence (Aeroplanes) to act as pilot in command of an aeroplane at night.
Night rating (helicopters)
A night rating (helicopters) entitles the holder of a United Kingdom Private Pilot’s Licence (Helicopters) to act as pilot in command of a helicopter at night.
Night qualification (helicopter)
A night qualification (helicopter) entitles the holder of a United Kingdom Private Pilot’s Licence (Helicopters) or a JAR–FCL Private Pilot Licence (Helicopter) to act as pilot in command of a helicopter at night.
Night rating (gyroplanes)
A night rating (gyroplanes) entitles the holder of a United Kingdom Private Pilot’s Licence (Gyroplanes) to act as pilot in command of a gyroplane at night.
Towing rating (flying machines)
A towing rating (flying machines) entitles the holder of the licence to act as pilot of a flying machine while towing a glider in flight for the purpose of public transport or aerial work.
Flying instructor’s rating
A flying instructor’s rating entitles the holder of the licence to give instruction in flying aircraft of such types and classes as may be specified in the rating for that purpose.
Assistant flying instructor’s rating
1
Subject to paragraph (2), an assistant flying instructor’s rating entitles the holder of the licence to give instruction in flying aircraft of such types and classes as may be specified in the rating for that purpose.
2
a
Such instruction must only be given under the supervision of a person present during the take-off and landing at the aerodrome at which the instruction is to begin and end and who holds a pilot’s licence endorsed with a flying instructor’s rating entitling him to instruct on an aircraft of the same type or class as the aircraft on which instruction is being given.
b
An assistant flying instructor’s rating does not entitle the holder of the licence to give directions to the person undergoing instruction in respect of the performance by that person of –
i
his first solo flight;
ii
his first solo flight by night;
iii
his first solo cross-country flight otherwise than by night; or
iv
his first solo cross-country flight by night.
Flight instructor rating (aeroplane)
A flight instructor rating (aeroplane) entitles the holder of the licence to give instruction in flying aircraft of such types and classes as may be specified in the rating for that purpose subject to the restrictions specified below.
Restrictions - restricted period
1
Until the holder of a flight instructor rating (aeroplane) has completed at least 100 hours flight instruction and, in addition, has supervised at least 25 solo flights by students, the privileges of the rating are restricted.
2
The restrictions will be removed from the rating when the above requirements have been met and on the recommendation of the supervising flight instructor (aeroplane).
Restrictions - restricted privileges
1
The privileges will be restricted to carrying out under the supervision of the holder of a flight instructor rating (aeroplane) approved for this purpose —
a
flight instruction for the issue of the Private Pilot Licence (Aeroplane) or those parts of integrated courses at Private Pilot Licence (Aeroplane) level and class and type ratings for single-engine aeroplanes, excluding approval of first solo flights by day or by night and first solo cross country flights by day or by night; and
b
night flying instruction.
Flight instructor rating (helicopter)
A flight instructor rating (helicopter) entitles the holder of the licence to give instruction in flying helicopters of such types as may be specified in the rating for that purpose subject to the following restrictions.
Restrictions - restricted period
1
Until the holder of a flight instructor rating (helicopter) has completed at least 100 hours flight instruction and, in addition, has supervised at least 25 solo flights by students, the privileges of the rating are restricted.
2
The restrictions will be removed from the rating when the above requirements have been met and on the recommendation of the supervising flight instructor (helicopter).
Restrictions - restricted privileges
1
The privileges are restricted to carrying out under the supervision of the holder of a flight instructor rating (helicopter) approved for this purpose –
a
flight instruction for the issue of the Private Pilot Licence (Helicopter) or those parts of integrated courses at Private Pilot Licence (Helicopter) level and type ratings for single-engine helicopters, excluding approval of first solo flights by day or by night and first solo cross-country flights by day or by night; and
b
night flying instruction.
Type rating instructor rating (multi-pilot aeroplane)
A type rating instructor rating (multi-pilot aeroplane) entitles the holder to instruct licence holders for the issue of a multi-pilot aeroplane type rating, including the instruction required for multi-crew co-operation.
Type rating instructor rating (helicopter)
A type rating instructor rating (helicopter) entitles the holder to instruct licence holders for the issue of a type rating, including the instruction required for multi-crew co-operation.
Class rating instructor rating (single-pilot aeroplane)
A class rating instructor rating (single-pilot aeroplane) entitles the holder to instruct licence holders for the issue of a type or class rating for single-pilot aeroplanes.
Instrument rating instructor rating (aeroplane)
An instrument rating instructor rating (aeroplane) entitles the holder to conduct flight instruction for the issue of an instrument rating (aeroplane) or an instrument meteorological conditions rating (aeroplanes).
Instrument rating instructor rating (helicopter)
An instrument rating instructor rating (helicopter) entitles the holder to conduct flight instruction for the issue of an instrument rating (helicopter).
2
For the purposes of this Section —
“Day” means the time from half an hour before sunrise until half an hour after sunset (both times exclusive), sunset and sunrise being determined at surface level;
“Solo flight” means a flight on which the pilot of the aircraft is not accompanied by a person holding a pilot’s licence granted or rendered valid under this Order;
“Cross-country flight” means any flight during the course of which the aircraft is more than 3 nautical miles from the aerodrome of departure.
SECTION 2 Aircraft and instructor ratings which may be included in United Kingdom Licences, JAR-FCL Licences and National Private Pilot’s Licences (Aeroplanes)
1
The following ratings may be included in a United Kingdom pilot licence, a JAR-FCL pilot licence or a National Private Pilot’s Licence (Aeroplanes) granted under Part 4, and, subject to the provisions of this Order and of the licence, the inclusion of a rating in a licence has the consequences respectively specified as follows —
Microlight class rating
1
Subject to paragraph (2) and to the conditions of the licence in which it is included, a microlight class rating entitles the holder to act as pilot in command of any microlight aeroplane.
2
a
Where the current certificate of revalidation for the rating is endorsed “single seat only” the holder is only entitled to act as pilot in command of any single seat microlight aeroplane.
b
Where —
i
the aeroplane has 3 axis controls and his previous training and experience has only been in an aeroplane with flexwing/weightshift controls;
ii
the aeroplane has flexwing/weightshift controls and his previous training and experience has only been in an aeroplane with 3 axis controls; or
iii
the aeroplane has more than one engine,
before he exercises the privileges of the rating, appropriate differences training, given by a flight instructor entitled to instruct on the aeroplane on which instruction is being given, must have been completed, recorded in his personal flying logbook, and endorsed and signed by the instructor conducting the differences training.
c
Where the aeroplane is to be operated from water during take-off and landing, before he exercises the privileges of the rating —
i
appropriate differences training, given by a flight instructor entitled to instruct on the aeroplane on which instruction is being given, must have been completed, recorded in his personal flying logbook, and endorsed and signed by the instructor conducting the differences training; and
ii
the holder must have attained a pass in the Private or Professional Seamanship examination.
SSEA class rating
1
Subject to paragraph (2) and to the conditions of the licence in which it is included, a SSEA class rating entitles the holder to act as pilot in command of any SSEA with a maximum take off weight authorised not exceeding 2000kg excluding any such aeroplane which is a self-launching motor glider or a microlight aeroplane.
2
a
Where the current certificate of revalidation for the rating is endorsed “single seat only” the holder is only entitled to act as pilot in command of any single seat SSEA.
b
Where the aeroplane —
i
is fitted with a tricycle undercarriage;
ii
is fitted with a tailwheel;
iii
is fitted with a supercharger or turbo-charger;
iv
is fitted with a variable pitch propeller;
v
is fitted with retractable landing gear;
vi
is fitted with a cabin pressurisation system; or
vii
the aeroplane has a maximum continuous cruising speed in excess of 140 knots indicated airspeed,
before he exercises the privileges of the rating, appropriate differences training, given by a flight instructor entitled to instruct on the aeroplane on which instruction is being given, must have been completed, recorded in his personal flying logbook, and endorsed and signed by the instructor conducting the differences training.
c
Where the aeroplane is to be operated from water during take-off and landing, before he exercises the privileges of the rating —
i
appropriate differences training, given by a flight instructor entitled to instruct on the aeroplane on which instruction is being given, must have been completed, recorded in his personal flying logbook, and endorsed and signed by the instructor conducting the differences training; and
ii
the holder must have attained a pass in the Private or Professional Seamanship examination.
SLMG class rating
1
Subject to paragraph (2) and to the conditions of the licence in which it is included, a SLMG class rating entitles the holder to act as pilot in command of any self-launching motor glider.
2
Where the current certificate of revalidation for the rating is endorsed “single seat only” the holder is only entitled to act as pilot in command of a single seat self-launching motor glider.
Flying instructor’s rating (microlight)
A flying instructor’s rating (microlight) entitles the holder of the licence to give instruction in flying microlight aeroplanes.
Flying instructor’s rating (SLMG)
A flying instructor’s rating (SLMG) entitles the holder of the licence to give instruction in flying self-launching motor gliders.
Assistant flying instructor’s rating (microlight)
1
Subject to paragraph (2), an assistant flying instructor’s rating (microlight) entitles the holder of the licence to give instruction in flying microlight aeroplanes.
2
a
Such instruction must only be given under the supervision of a person present during the take-off and landing at the aerodrome at which the instruction is to begin and end and holding a pilot’s licence endorsed with a flying instructor’s rating entitling him to instruct on a microlight aeroplane with the same type of control system as the microlight aeroplane on which instruction is being given.
b
An assistant flying instructor’s rating (microlight) does not entitle the holder of the licence to give directions to the person undergoing instruction in respect of the performance by that person of —
i
his first solo flight; or
ii
his first solo cross-country flight.
.
8
In Schedule 8, Part C, Section 1 —
a
in paragraph 1(a) for “article 28, 30(2) or 31(1)” substitute “article 28, 28A, 31(1) or 31A(3)”;
b
in paragraph 1, in the Table under Class of United Kingdom Licence in Case A, omit “Microlight Licence” and “SLMG Licence”;
c
in paragraph 1, in the Table after Case A insert —
A1 Private Pilot’s Licence (Aeroplanes) Any flight within the privileges of a microlight aeroplane class rating or a SLMG class rating included in the licence Certificate of test or certificate of experience
;
d
in paragraph 2 for “article 28, 30(2) or 31(1)” substitute “article 28, 31(1) or 31A(3)”;
e
in paragraph 4(a) for “required by article 28 or 30(2)” substitute “required by article 28, 31(1) or 31A(3)”;
f
in paragraph 5, for “article 28 or 30(2)” substitute “article 28, 28A or 31A(3)”.
9
In Schedule 8, Part C, Section 2, in paragraph 3 for “article 29 or 31(2)” substitute “article 29, 31(2) or 31A(1)”.
10
For Schedule 8, Part C, Section 3 substitute —
SECTION 3 Requirement for a Certificate of Revalidation to maintain the validity of a rating specified in Section 2 of Part B
1
1
A certificate of revalidation required by article 31 in respect of a SSEA class rating, a microlight class rating or a SLMG class rating must be signed by a person authorised by the CAA to sign certificates of this kind.
2
The person signing the certificate must certify the following particulars —
a
the rating to which the certificate relates;
b
that on a specified date the holder has satisfied the relevant requirements for issue in accordance with Table 1 and Table 2;
c
the specified date; and
d
the date on which the period of validity of the certificate expires in accordance with Table 3.
3
In the case of a certificate of revalidation for a class rating which is being issued on the basis of paragraph 1(b) of Table 2, so that the holder of the licence has satisfied the experience requirements but without having had a flight with an instructor as part of that experience, the person signing the certificate must endorse the certificate “single seat only”.
4
A certificate of revalidation remains valid in accordance with Table 3.
Table 1 - Requirements for issue of a certificate of revalidation for an aeroplane class rating included in Section 2 of Part B
Circumstances Requirements
1 On initial issue by the CAA The holder of the licence has passed a NPPL General Skill Test with the authorised examiner signing the licence application form in an aeroplane of the class for which the certificate of revalidation is sought
2 There is a current valid certificate of revalidation for the rating The holder of the licence has —
passed a NPPL General Skill Test with the authorised examiner signing the certificate in an aeroplane of the class for which the certificate of revalidation is sought; or
produced his personal flying log book to the authorised person signing the certificate and satisfied the authorised person that the holder satisfied the experience requirements specified in Table 2
3 The last previous certificate of revalidation for the rating expired less than 5 years before the date on which the new certificate is to be signed The holder of the licence has passed a NPPL General Skill Test with the authorised examiner signing the certificate in an aeroplane of the class for which the certificate of revalidation is sought 4 The last previous certificate of revalidation for the rating expired 5 years or more before the date on which the new certificate is to be signed The holder of the licence has passed —
a NPPL General Skill Test with the authorised examiner signing the certificate in an aeroplane of the class for which the certificate of revalidation is sought; and
an oral theoretical knowledge examination conducted by the authorised examiner as part of the NPPL General Skill Test
Table 2 - Experience requirements for issue of certificate of revalidation in accordance with paragraph 2(b) of Table 1
Circumstances Experience requirements
1 Where one aeroplane class rating is held
The holder has as a pilot, in an aeroplane specified in the aeroplane class rating and within the period of validity of the current certificate of revalidation for the rating–
flown at least 12 hours which includes at least 8 hours as pilot in command;
completed at least 12 take-offs and 12 landings;
subject to sub-paragraph (b), undertaken at least 1 hour of flying training with an instructor entitled to give instruction on aeroplanes of that class; and
flown at least 6 hours in the 12 months preceding the specified date.
Where the holder has not undertaken the flying training specified in paragraph 1(a)(iii) a certificate of revalidation may be issued but must be endorsed “single seat only”.
2 Where two or three aeroplane class ratings are held
The holder has as a pilot, within the period of validity of the current certificate of revalidation for each rating —
flown a total of at least 12 hours in an aeroplane coming within any of the aeroplane class ratings which are held which includes at least a total of 8 hours as pilot in command;
completed not less than 12 take-offs and 12 landings in an aeroplane coming within any of the aeroplane class ratings which are held;
subject to sub-paragraph (b), in an aeroplane coming within each of the aeroplane class ratings which are held, either–
flown at least 1 hour as pilot in command; or
undertaken at least 1 hour of flying training with an instructor entitled to give instruction on aeroplanes of that class;
subject to sub-paragraph (b), undertaken at least 1 hour of flying training in aeroplanes coming within any of the aeroplane class ratings which are held, with instructors entitled to give instruction on aeroplanes of those classes; and
flown at least 6 hours in the 12 months preceding the specified date in an aeroplane coming within any of the aeroplane class ratings which are held.
Where the holder has flown at least 1 hour as pilot in command as specified in paragraph 2(a)(iii)(aa) but has not undertaken the flying training specified in paragraph 2(a)(iv) a certificate of revalidation may be issued but must be endorsed “single seat only”.
Table 3 - Period of validity of certificate of revalidation for an aeroplane class rating included in Section 2 of Part B
Circumstances Period of validity for a certificate of revalidation for aeroplane class ratings
1 The previous certificate is valid on the specified date of the new certificate The new certificate is valid for 24 months from the date of expiry of the current certificate 2 There is no valid certificate on the specified date of the new certificate. The new certificate is valid for 24 months from the specified date
2
1
A certificate of revalidation required by article 31A(1) for a flying instructor’s rating (SLMG), a flying instructor’s rating (microlight), or an assistant flying instructor’s rating (microlight) must be signed by a person authorised by the CAA to sign certificates of this kind.
2
The person signing the certificate must certify the following particulars–
a
the rating to which the certificate relates;
b
that on a specified date the holder has passed an appropriate test of his ability to exercise the privileges of the rating;
c
the specified date; and
d
the date on which the period of validity of the certificate expires in accordance with Table 4.
3
A certificate of revalidation remains valid in accordance with Table 4.
Table 4 - Period of validity of certificate of revalidation for a flying instructor’s rating included in Section 2 of Part B
Circumstances Period of validity for a certificate of revalidation for a flying instructor’s rating (microlight and/or SLMG) Period of validity for a certificate of revalidation for an assistant flying instructor’s rating (microlight)
Whether or not a previous certificate is valid on the specified date of the instructor flight and ground test The new certificate is valid for 25 months from the date of test The new certificate is valid for 13 months from the date of test
Flight crew training in use of ACAS
11
After article 61 insert —
Training in use of airborne collision avoidance system
61A
1
This article applies to any aeroplane to which article 38 does not apply.
2
In this article “an ACAS equipped flight” means a flight on which an airborne collision avoidance system is required to be carried by article 20 and Schedule 5.
3
Before commencing an ACAS equipped flight in an aeroplane to which this article applies the commander must reasonably satisfy himself that every member of the flight crew has had the training specified in paragraph (5).
4
No person may act as a member of the flight crew on an ACAS equipped flight in an aeroplane to which this article applies unless he has had the training specified in paragraph (5).
5
The training referred to in paragraphs (3) and (4) is —
a
suitable training in the operation of the airborne collision avoidance system in the aeroplane; and
b
suitable training in the use of the procedures referred to in article 61(b).
Multi-crew pilots licence
12
1
In article 155(1) in the definition of JAR-FCL 1 insert after “means” “unless otherwise specified”.
2
In Schedule 8, Part A, Section 2, Sub-Section 1, after the entry for the Commercial Pilot Licence (Aeroplane) insert —
Multi-Crew Pilot Licence (Aeroplane)
Minimum age – 18 years
Maximum period of validity – 5 years
Privileges and conditions:
1
1
Subject to any conditions specified in respect of the licence, the privileges of the holder of a Multi-Crew Pilot Licence (Aeroplane) are to —
a
act as co-pilot of any aeroplane included in Part XII of the licence which is required to be operated with a co-pilot on any flight;
b
exercise the privileges of the licence at night;
c
exercise the privileges of an instrument rating (aeroplane) in an aeroplane required to be operated with a co-pilot;
d
exercise the privileges of the holder of a Private Pilot Licence (Aeroplane) provided that the requirements for that licence specified in Subpart C of Section 1 of JAR-FCL 1 are met;
e
exercise the privileges of a Commercial Pilot Licence (Aeroplane) provided that the requirements for that licence specified in paragraph 1.155(e) of Section 1 of JAR-FCL are met; and
f
exercise the privileges of the instrument rating (aeroplane) in an aeroplane certificated for single pilot operation, provided that the licence holder has demonstrated an ability to act as pilot in command in an aeroplane certificated for single pilot operation exercised solely by reference to instruments by completing specific training at the discretion of the CAA and meeting the requirements as set out in paragraph 1.210 of Section 1 of JAR-FCL.
2
The licence is subject to the conditions and restrictions specified in paragraph 1.175 of Section 1 of JAR–FCL 1.
3
The holder must not operate an aeroplane carrying passengers as co-pilot unless he has carried out at least three take-offs and three landings as pilot flying in an aeroplane of the same type or class or in a flight simulator, approved for the purpose, of the aeroplane type or class to be used, in the preceding 90 days.
Curtailment of privileges of licence holders aged 60 years or more
4
The holder of a licence who has attained the age of 60 years but not attained the age of 65 years must not act as a pilot of an aeroplane on a public transport flight except where the holder is —
a
a member of a multi-pilot crew; and
b
the only pilot in the flight crew who has attained the age of 60 years.
5
The holder of a licence who has attained the age of 65 years must not act as a pilot of an aeroplane on a public transport flight.
2
In paragraph 1, a reference to JAR-FCL 1 is a reference to the Joint Aviation Requirement of the JAA bearing that title including Amendment 7 adopted by the JAA on 1 December 2006
.
3
In Schedule 8, Part A, Section 2, Sub-Section 1, in the privileges and condition of the Airline Transport Pilot Licence (Aeroplane) —
a
For “(1)” substitute “1(1)”.
b
After sub-paragraph (2) insert —
2A
a
When the holder of such a licence has previously held only a Multi-Crew Pilot Licence (Aeroplane), the privileges of the licence are restricted to aircraft required to be operated with a co-pilot unless the holder has met the requirements of Subpart C of Section 1 of JAR-FCL 1 and paragraph 1.510(a)(2) and (a)(3) of Section 1 of JAR-FCL as applicable to the operation of aeroplanes certificated for single pilot operation.
b
Any such restriction must be endorsed on the licence.
.
c
After sub-paragraph (4) insert —
2
In paragraph 1, a reference to JAR-FCL 1 is a reference to the Joint Aviation Requirement of the JAA bearing that title including Amendment 7 adopted by the JAA on 1 December 2006.
.
Carriage of Mode S
13
In Schedule 5, in the Table at paragraph 2 —
a
in sub-paragraph (1)(a) for “E1” substitute “E2”;
b
omit sub-paragraph (1)(d);
c
after sub-paragraph (1) insert —
(1A) All aircraft (except gliders and balloons) within the United Kingdom when flying for the purpose of public transport E2
d
after sub-paragraph (2) insert —
(2A) All gliders flying at or above flight level 195 except when flying within airspace notified as a Temporary Reserved Area – Gliders E2
e
in sub-paragraph (3)(a), (b) and (c) for “E1” substitute “E2”;
f
omit sub-paragraph (4)(d);
g
after sub-paragraph (4) insert —
(4A) All aircraft required to carry Scale E2 or E3 EE
h
omit sub-paragraph (5)(b);
i
after sub-paragraph (5) insert —
(5A) All aircraft (except gliders and balloons) registered in the United Kingdom, wherever they may be, when flying for the purpose of public transport E2
14
In Schedule 5, in paragraph 3(1) for “sub-paragraphs (1), (2), (3), (4)(a), (4)(c) and 5(e)” substitute “sub-paragraphs (1), (1A), (2), (2A), (3), (4), (5)(e) and (5A)”.
Other changes
15
1
In article 14(1) after “An aircraft registered in the United Kingdom” insert “in respect of which a certificate of airworthiness is in force”.
2
In article 14(1)(a) omit “in respect of which a certificate of airworthiness is in force”.
3
In article 15(1) after “aircraft registered in the United Kingdom” insert “in respect of which a certificate of airworthiness is in force”.
4
In article 25 for sub-paragraph (7)(d) substitute —
d
flying in circumstances where the commander is required to comply with the Instrument Flight Rules or is flying at night on a special VFR flight.
.
5
In article 128 after paragraph (1) insert —
1A
An aerodrome licence may be granted subject to such conditions as the CAA thinks fit and, subject to article 92, remains in force for the period specified in the licence.
6
In article 155(1) —
a
in the definition of Class rating for “1.220” substitute “1.215”
b
in the definition of Type rating for “1.215” substitute “1.220 and 2.220”.
7
In Schedule 4, in paragraph 5(2)(a)(v)(bb) and paragraph 5(15)(a)(v)(cc), in the column headed “Circumstances of Flight” omit “on or after 1st January 2007”.
8
In Schedule 4, paragraph 6, in Scale KK for “Volume III (Fifth Edition July 1995)” on each occasion it occurs substitute “Volume III (First Edition July 1995)”.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the General Dental Council (Constitution) (Amendment) Order of Council 2007 and shall come into force on 3rd December 2007.
2
In this Order, “the principal Order ” means the General Dental Council (Constitution) Order of Council 2006 .
Substitution of article 4 of the principal Order
2
For article 4 of the principal Order substitute —
Tenure of office of members of the Council
4
1
Subject to paragraph (2) and to articles 5 and 6, each member’s term of office shall be five years.
2
The term of office of a member whose term of office, in the absence of this paragraph, would expire at the end of 9th April 2008 shall expire at the end of 9th April 2009.
.
Amendment of article 5 of the principal Order
3
In article 5 of the principal Order (termination of office), in paragraph (1)(b) —
a
for paragraph (i) substitute —
i
his name is erased from the dental care professionals register under any title, or he otherwise ceases to be registered in the dental care professionals register under the title applying to the profession in respect of which he was elected as a member of the Council, or
; and
b
in paragraph (ii), after “suspended” insert “under any title”.
Amendment of article 6 of the principal Order
4
In article 6 of the principal Order (by-election) —
a
in paragraph (a) —
i
for “shall be held” substitute “may be held (at the Council’s discretion)”, and
ii
for “period for which that member had been elected” substitute “unexpired term”; and
b
in paragraph (b), for “the newly elected” substitute “any newly elected”.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the National Health Service Trusts (Originating Capital) Order 2007 and shall come into force on 31 st March 2007.
2
This Order applies in relation to England.
Originating capital of NHS trusts
2
The originating capital of an NHS trust specified in column 1 of the Schedule shall be the amount specified in the corresponding entry in column 2 of the Schedule.
Signed by authority of the Secretary of State for Health
Andy Burnham
Minister of State
Department of Health
11th March 2007
We consent,
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2007


text:
PART 1 Preliminary and general
Citation, commencement, extent and application
1
1
These Regulations may be cited as the Iran (European Community Financial Sanctions) Regulations 2007 and come into force on 3rd May 2007.
2
These Regulations extend to the United Kingdom.
3
An offence may be committed under regulation 6 , 7 , 9 or 10 by any person in the United Kingdom or by any person elsewhere who is —
a
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person; or
b
a body incorporated or constituted under the law of any part of the United Kingdom.
Interpretation
2
1
In these Regulations —
“the 2000 Act ” means the Financial Services and Markets Act 2000 ;
“body corporate” includes a Scottish partnership;
“designated person” has the meaning given by regulation 3;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“ EC Regulation ” means Council Regulation (EC) No 423/2007 of 19th April 2007 , as amended from time to time;
“economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services;
“funds” means financial assets and benefits of every kind, including (but not limited to) —
cash, cheques, claims on money, drafts, money orders and other payment instruments;
deposits with relevant institutions or other persons, balances on accounts, debts and debt obligations;
publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;
interest, dividends or other income on or value accruing from or generated by assets;
credit, rights of set-off, guarantees, performance bonds or other financial commitments;
letters of credit, bills of lading, bills of sale;
documents providing evidence of an interest in funds or financial resources;
any other instrument of export financing;
“officer”, in relation to a body corporate, means —
in relation to a Scottish partnership, a partner, and
in relation to any other body corporate, a director, manager, secretary or other similar officer of the body corporate or any person who has purported to act in any such capacity;
“relevant institution” means —
a person who has permission under Part 4 of the 2000 Act; and
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the 2000 Act which has permission under paragraph 15 of that Schedule as a result of qualifying for authorisation under paragraph 12 of that Schedule to accept deposits.
2
The definition of “relevant institution” in paragraph (1) must be read with —
a
section 22 of the 2000 Act;
b
any relevant order under that section; and
c
Schedule 2 to that Act.
PART 2 Designated persons and directions
Designated persons
3
1
For the purposes of these Regulations —
a
any person listed in Annex V of the EC Regulation ; and
b
any person identified in a direction,
is a designated person.
2
In this Part “direction” (other than in regulation 4(2)(b) ) means a direction given by the Treasury under regulation 4 (1).
Treasury’s power to designate persons
4
1
Where any condition in paragraph (2) is satisfied, the Treasury may give a direction that a person identified in the direction is designated for the purposes of these Regulations.
2
The conditions are that the Treasury have reasonable grounds for suspecting that the person is or may be —
a
a person listed in Annex V of the EC Regulation;
b
a person acting on behalf of or at the direction of a designated person; or
c
a person owned or controlled by a designated person.
3
The Treasury may vary or revoke a direction at any time.
Directions: further provisions
5
1
Where the Treasury give a direction they must —
a
take such steps as they consider appropriate to publicise the direction;
b
give written notice to the person identified in the direction; and
c
if they vary or revoke the direction, take steps to publicise the variation or revocation and to bring it to the attention of the person identified in the direction.
2
The High Court or, in Scotland, the Court of Session may set aside a direction on the application of —
a
the person identified in the direction, or
b
any other person affected by the direction.
3
A person who makes an application under paragraph (2) must give a copy of the application and any witness statement or affidavit in support to the Treasury not later than seven days before the date fixed for the hearing of the application.
PART 3 Prohibitions and licences
Freezing funds and economic resources of designated persons
6
1
A person (including the designated person) must not deal with funds or economic resources owned, held or controlled by a designated person unless he does so under the authority of a licence granted under regulation 10 .
2
A person who contravenes the prohibition in paragraph (1) is guilty of an offence.
3
In proceedings for an offence under this regulation, it is a defence for a person to show that he did not know and had no reasonable cause to suspect that he was dealing with funds or economic resources owned, held or controlled by a designated person.
4
In this regulation, “deal with” means —
a
in respect of funds —
i
use, alter, move, allow access to or transfer;
ii
deal with in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination; or
iii
make any other change that would enable use, including portfolio management; and
b
in respect of economic resources, use to obtain funds, goods or services in any way, including (but not limited to) by selling, hiring or mortgaging the resources.
Making funds or economic resources available to designated persons etc.
7
1
A person must not make funds or economic resources available, directly or indirectly, to or for the benefit of a designated person unless he does so under the authority of a licence granted under regulation 10 .
2
A person who contravenes the prohibition in paragraph (1) is guilty of an offence.
3
In proceedings for an offence under this regulation, it is a defence for a person to show that he did not know and had no reasonable cause to suspect that he was making funds or economic resources available, directly or indirectly, to or for the benefit of a designated person.
Exceptions
8
1
A person is not guilty of an offence under regulation 6 or 7 if he credits a frozen account with —
a
interest or other earnings due on the account; or
b
payments due under contracts, agreements or obligations that were concluded or arose prior to 23rd December 2006.
2
Regulation 7 does not prevent a relevant institution from crediting a frozen account where it receives funds transferred to a frozen account by a third party.
3
For the avoidance of doubt, regulation 6 applies to any funds credited to a frozen account in accordance with this regulation.
4
In this regulation “frozen account” means an account with a relevant institution which is held or controlled by a designated person.
Circumventing prohibitions etc.
9
A person is guilty of an offence if he participates, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to —
a
circumvent a prohibition in regulation 6(1) or 7(1) , or
b
enable or facilitate the commission of an offence under regulation 6 or 7 .
Licences
10
1
The Treasury may grant a licence to exempt acts specified in the licence from the prohibition in regulation 6(1) or 7(1) .
2
A licence may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions;
c
of indefinite duration or subject to an expiry date.
3
The Treasury may vary or revoke a licence at any time.
4
The Treasury, where they grant, vary or revoke a licence, must —
a
in the case of a licence granted to a particular person, give written notice of the licence, variation or revocation to that person, and
b
in the case of a general licence or a licence granted to a category of persons, take such steps as the Treasury consider appropriate to publicise the licence, variation or revocation.
5
Any person who, for the purpose of obtaining a licence, knowingly or recklessly makes any statement or furnishes any document or information which is false in a material particular is guilty of an offence.
6
Any person who has done any act under the authority of a licence and who fails to comply with any conditions attaching to that licence is guilty of an offence.
PART 4 Miscellaneous
Evidence and information
11
The Schedule (which contains further provisions about evidence and information) has effect.
Penalties
12
1
A person guilty of an offence under regulation 6 , 7 , 9 or 10 or paragraph 4(b) or (d) of the Schedule is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction —
i
in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;
ii
in Scotland or Northern Ireland, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.
2
A person guilty of an offence under paragraph 2(4) or 4(a) or (c) of the Schedule is liable on summary conviction —
a
in England and Wales, to imprisonment for a period not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale or to both;
b
in Scotland or Northern Ireland, to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
3
If an offence under these Regulations committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer of the body corporate, or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
Proceedings
13
1
Proceedings against any person for an offence may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
2
In England and Wales, summary proceedings for an offence may be tried by a magistrates’ court if any information is laid —
a
before the end of 12 months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to his knowledge, but
b
not later than three years from the commission of the offence.
3
In Scotland —
a
summary proceedings for an offence may be commenced —
i
before the end of 12 months from the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to his knowledge, but
ii
not later than three years from the commission of the offence; and
b
section 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.
4
In Northern Ireland, summary proceedings for an offence may be instituted —
a
before the end of 12 months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to his knowledge, but
b
not later than three years from the commission of the offence.
5
For the purposes of this regulation —
a
a certificate signed by or on behalf of the prosecutor or the Lord Advocate as to the date on which such evidence as is referred to in paragraphs (2) to (4) came to his knowledge is conclusive evidence of that fact, and
b
a certificate purporting to be so signed is presumed to be so signed unless the contrary is proved.
6
In Scotland, where a constable reasonably believes that a person has committed or is committing an offence, he may arrest that person without a warrant.
7
In Northern Ireland, regulation 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (arrest without warrant for arrestable offences) applies to an offence which is not an arrestable offence by virtue of the term of imprisonment for which a person may be sentenced in respect of it, as if it were mentioned in paragraph (2) of that regulation.
8
No proceedings for an offence, other than for a summary offence, may be instituted in England, Wales or Northern Ireland except with the consent of the Treasury or the Attorney General or, as the case may be, the Attorney General for Northern Ireland.
9
Whether or not such consent has been given, paragraph (8) does not prevent —
a
the arrest of any person in respect of an offence, or
b
the remand in custody or on bail of any person charged with an offence.
10
In this regulation, “offence” means an offence under these Regulations.
Notices
14
1
This regulation has effect in relation to any notice to be given to a person by the Treasury under regulation 5(1)(b) or 10(4)(a) .
2
Any such notice may be given —
a
by posting it to his last known address; or
b
where the person is a body corporate, by posting it to the registered or principal office of the body corporate.
3
Where the Treasury do not have an address for the person, they must make arrangements for the notice to be given to him at the first available opportunity.
Functions of the Treasury
15
1
The Treasury may, to such extent and subject to such restrictions and conditions as they may think proper, delegate or authorise the delegation of any of their functions under these Regulations (except regulation 4 ) to any person or description of persons.
2
References in these Regulations to the Treasury are to be construed accordingly.
The Crown
16
1
These Regulations bind the Crown, subject to the following provisions of this regulation.
2
No contravention by the Crown of a provision of these Regulations makes the Crown criminally liable; but the High Court or in Scotland the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.
3
Nothing in this regulation affects Her Majesty in her private capacity; and this is to be construed as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in these Regulations.
Transitional provisions
17
In relation to an offence under these Regulations committed before the commencement of section 283 of and paragraph 3 of Schedule 27 to the Criminal Justice Act 2003 (enabling powers: alteration of maximum penalties), the reference in regulation 12(1)(b)(i) to 12 months and the reference in regulation 12(2)(a) to 51 weeks shall have effect as if each were a reference to three months.
Amendments to the Iran (Financial Sanctions) Order 2007
18
1
The Iran (Financial Sanctions) Order 2007 is amended in accordance with paragraphs (2) to (7) .
2
In the definition of “funds” in paragraph (1) of article 2, in sub-paragraph (c) for “derivative products” substitute “derivatives contracts”.
3
In paragraphs (1) and (3) of article 6, omit “, directly or indirectly,”.
4
After paragraph (1) of article 8, insert —
1A
Article 7 does not prevent a relevant institution from crediting a frozen account where it receives funds transferred to a frozen account by a third party.
.
5
In paragraph (3) of article 8, after “an account” insert “with a relevant institution which is”.
6
For paragraph 2(3) of the Schedule, substitute —
3
A relevant institution must inform the Treasury without delay if it credits a frozen account in accordance with article 8(1A).
3A
A relevant institution which fails to comply with a requirement in sub-paragraph (1), (2) or (3) is guilty of an offence.
.
7
In paragraph 3(1)(c) of the Schedule, omit “, directly or indirectly,”.
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
1st May 2007


text:
The Postgraduate Medical Education and Training Board (Fees) Rules Order 2006 is revoked.
Signed by authority of the Secretary of State for Health.
Hunt
Minister of State,
Department of Health
27th February 2007


text:
Citation, commencement and effect
1
1
This Order may be cited as the Insurance Companies (Taxation of Reinsurance Business) (Corporation Tax Acts) (Amendment) Order 2007 and comes into force on 27th December 2007.
2
Subject to paragraph (3), this Order has effect in relation to periods of account beginning on or after 1st January 2008.
3
Article 2 has effect in relation to periods of account ending on or after 1st January 2007.
New insurance special purpose vehicles
2
1
In section 431 of the Income and Corporation Taxes Act 1988 (interpretative provisions relating to insurance companies) , after subsection (2) insert —
2YA
Where an insurance company becomes an insurance special purpose vehicle otherwise than on the last day of a period of account, it shall be treated as an insurance special purpose vehicle from the beginning of that period.
.
2
In section 89 of the Finance Act 1989 (policy holders’ share of profits) , after subsection (7) insert —
7A
In a case where —
a
the company becomes an insurance special purpose vehicle, and
b
regulations made under section 84 of the Finance Act 2005 do not apply to it,
subsection (7B) applies in the first period of account in which the company is an insurance special purpose vehicle (“the first period”).
7B
Where this subsection applies, in computing a company’s Case I profits there shall be brought into account as a trading receipt of the company the amount, if any, by which the amount shown in line 51 of Form 14 of the periodical return for the period preceding the first period exceeds —
a
the fund for future appropriations shown in the company’s IAD accounts, or
b
the unallocated divisible surplus shown in the company’s IAS accounts,
as the case may be, for that preceding period.
7C
In subsection (7B) —
“IAD accounts” means accounts drawn up in accordance with the Council Directive of 19th December 1991 on the annual accounts of insurance undertakings ( No. 91/674/ EEC ) ;
“IAS accounts” means accounts prepared in accordance with international accounting standards.
.
BLAGAB group reinsurers
3
1
The Income and Corporation Taxes Act 1988 is amended as follows.
2
After section 440C (modifications for change of tax basis) insert —
Modifications in relation to BLAGAB group reinsurers
440D
Schedule 19ABA (which makes modifications of this Act in relation to BLAGAB group reinsurers) shall have effect.
.
3
After Schedule 19AB (pension business: payments on account of tax credits and deducted tax) insert —
SCHEDULE 19ABA
MODIFICATION OF LIFE ASSURANCE PROVISIONS OF THE CORPORATION TAX ACTS IN RELATION TO BLAGAB GROUP REINSURERS
Section 440D
PART 1 INTRODUCTORY
1
1
In their application to a BLAGAB group reinsurer the life assurance provisions of the Corporation Tax Acts shall have effect with the following modifications.
2
In this paragraph “BLAGAB group reinsurer” means an insurance special purpose vehicle which —
a
would fall within the definition of “insurance company” in section 431 if the words after paragraph (b) of the definition were disregarded, and
b
meets the BLAGAB group reinsurer conditions.
3
For the purposes of sub-paragraph (2), an insurance special purpose vehicle meets the BLAGAB group reinsurance conditions if —
a
it carries on basic life assurance and general annuity business,
b
all of its life assurance business is reinsurance business and that business is of a type excluded from section 431G(3) by regulations made by the Board , and
c
section 431G(3)(b) does not apply.
PART 2 MODIFICATIONS OF THIS ACT
2
This Act shall have effect with the following modifications.
Modification of section 76 (expenses of insurance companies)
3
1
Modify section 76 (expenses of insurance companies) as follows.
2
In subsection (3) for the words from “means” to the end substitute —
means —
a
in the case of a company preparing IAD accounts, expenses included in item II.8 or 9(a) of the long-term business technical account, and
b
in the case of a company preparing IAS accounts, such of the expenses included in the income statement in the IAS accounts as are equivalent to expenses that would be included in item II.8 or 9(a) of the long-term business technical account in IAD accounts,
but does not include any of the amounts falling within subsection (4), (5) or (6) below.
.
4
In subsection (7) —
a
omit Step 6;
b
in Step 7 —
i
in paragraph (a) for “Subtotal 3” substitute “Subtotal 2”;
ii
for “Subtotal 4” substitute “the expenses deduction”;
c
omit Step 8.
5
In subsection (8) omit paragraphs (b) and (c).
6
In subsection (12)(a) for “Step 8” insert “Step 7”.
7
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 the 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;
.
Modification of section 431 (interpretative provisions relating to insurance companies)
4
1
Modify section 431(2) (interpretative provisions relating to insurance companies) as follows.
2
Insert the following definitions in the appropriate places —
“IAD accounts” means accounts drawn up in accordance with the Council Directive of 19th December 1991 on the annual accounts of insurance undertakings (No. 91/674/EEC ) ;
,
“IAS accounts” means accounts prepared in accordance with international accounting standards;
.
3
In the definition of “insurance company” at the end insert “unless it meets the BLAGAB group reinsurer conditions (within the meaning of paragraph 1 of Schedule 19ABA”.
4
For the definition of “liabilities” substitute —
“liabilities” means —
technical provisions (item C), and
technical provisions for linked liabilities (item D),
in the liabilities in the balance sheet format in paragraph 9 of Schedule 9A to the Companies Act 1985 in the IAD accounts or equivalent provisions in the IAS accounts;;
;
5
For the definition of “long-term insurance fund” substitute —
“long-term insurance fund” means —
the technical account for life assurance business of the company included in the IAD accounts,
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
such part of the income statement as relates to the life assurance business of the company included in the IAS accounts,
and references to assets of the long-term insurance fund shall be read as references to assets from which any income or gain is or would be included in that technical account or that part of the technical account or that part of the income statement;.
.
6
For the definition of “periodical return” substitute —
“periodical return” means —
in relation to a company preparing IAD accounts, the IAD accounts, and
in relation to a company preparing IAS accounts, the IAS accounts;
;
7
Omit the definition of “period of account” ;
8
For the definition of “value” substitute —
“value” means the value taken into account for the purposes of IAD accounts or IAS accounts
.
Modification of section 432B (apportionment of receipts brought into account)
5
1
Modify section 432B (apportionment of receipts brought into account) as follows.
2
In subsection (1) for “sections 432C to 432G” substitute “sections 432C and 432G”.
3
In subsection (2) for “sections 432C to 432G” substitute “sections 432C and 432G”.
4
Omit subsection (3).
Modification of section 432E (section 432B apportionment: participating funds)
6
Omit section 432E (section 432B apportionment: participating funds) .
Modification of section 432F (section 432B apportionment: supplementary provisions)
7
Omit section 432F (section 432B apportionment: supplementary provisions) .
Modification of section 444AA (transfers of business: deemed periodic return)
8
Omit section 444AA (transfers of business: deemed periodic return) .
Modification of section 804C (insurance companies: allocation of expenses etc in computations under Case 1 of Schedule D)
9
In section 804C (insurance companies: allocation of expenses etc in computations under Case 1 of Schedule D) in subsection (14) for “construed — ” and paragraphs (a) and (b) substitute “construed in accordance with section 804E (interpretation of section 804C in relation to other insurance business).”.
Modification of section 804D (interpretation of section 804C in relation to life insurance business)
10
Omit section 804D (interpretation of section 804C in relation to life insurance business) .
Modification of section 804E (interpretation of section 804C in relation to other insurance business)
11
In section 804E (interpretation of section 804C in relation to other insurance business) in subsection (1) omit the words from “where” to the end.
PART 3 MODIFICATION OF THE FINANCE ACT 1989
Modification of the Finance Act 1989
12
The Finance Act 1989 shall have effect with the following modifications.
Modification of section 82B (unappropriated surplus on valuation)
13
Omit section 82B (unappropriated surplus on valuation) .
Modification of section 82D (treatment of profits: life assurance — adjustment consequent on change in Insurance Prudential Sourcebook)
14
Omit section 82D (treatment of profits: life assurance — adjustment consequent on change in Insurance Prudential Sourcebook) .
Modification of section 82E (section 82D: treatment of transferors under insurance business transfer schemes)
15
Omit section 82E (section 82D: treatment of transferors under insurance business transfer schemes) .
Modification of section 82 (section 82D: treatment of transferees under insurance business transfer schemes)
16
Omit section 82F (section 82D: treatment of transferees under insurance business transfer schemes) .
Modification of section 83 (receipts to be taken into account)
17
In section 83 (receipts to be taken into account) —
a
after paragraph (b) insert —
ba
a transfer from the fund for future appropriations,
;
b
after subsection (2) insert —
2YA
A transfer to the fund for future appropriations shall be treated as brought into account for that period as a decrease in the value of non-linked assets and taken into account as an expense of the period of account.
;
c
omit subsections (2A) to (2E).
Modification of section 83XA (structural assets)
18
In section 83XA (structural assets) in subsection (3)) for the words from “means” to the end substitute “means assets listed under 1 and 2 in C( II ) in Article 6 of the Council Directive of 19th December 1991 on the annual accounts and consolidated accounts of insurance undertakings (No. 91/674/EEC ) ”.
Modification of section 83YA (changes in value of assets brought into account: non-profit companies)
19
Omit section 83YA (changes in value of assets brought into account: non-profit companies) .
Modification of section 83YB (meaning of “appropriate line 51” amount for purposes of section 83YA)
20
Omit section 83YB (meaning of “appropriate line 51” amount for purposes of section 83YA) .
Modification of section 83A (meaning of brought into account)
21
1
Modify section 83A (meaning of “brought into account”) as follows.
2
For subsection (2) substitute —
2
The accounts recognised for the purposes of those sections 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.
.
3
Omit subsections (3) to (4).
Modification of section 83B (changes in recognised accounts: attribution of amounts carried forward under section 432F of Taxes Act 1988)
22
Omit section 83B (changes in recognised accounts: attribution of amounts carried forward under section 432F of Taxes Act 1988) .
Modification of section 85A (excess adjusted Case 1 profits)
23
In section 85A (excess adjusted Case 1 profits) in subsection (8)(a) for “Step 8” substitute “Step 7”.
Modification of section 86 (spreading of relief for acquisition expenses)
24
Omit section 86 (spreading of relief for acquisition expenses).
Modification of section 89 (policy holders’ share of profits)
25
In section 89 (policy holders’ share of profits) omit subsection (6).
.
Alan Campbell
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
5th December 2007


text:
Citation and commencement
1
This Order may be cited as the Asylum (Designated States) Order 2007 and shall come into force on the day after it is made, but shall not apply to an asylum claim or human rights claim made before that date.
Designated States – addition of States
2
The States listed below shall be added to the list of States in section 94(4) of the Nationality, Immigration and Asylum Act 2002:
cc
Bosnia-Herzegovina,
dd
Gambia (in respect of men),
ee
Kenya (in respect of men),
ff
Liberia (in respect of men),
gg
Malawi (in respect of men),
hh
Mali (in respect of men),
ii
Mauritius,
jj
Montenegro,
kk
Peru,
ll
Serbia,
mm
Sierra Leone (in respect of men).
Designated States – amendment
3
The list of States in section 94(4) of the Nationality, Immigration and Asylum Act 2002 shall be amended by omitting “(m) Serbia and Montenegro,”.
Liam Byrne
Minister of State
Home Office
26th July 2007