text:
PART 1 Introduction
Citation, commencement, application and interpretation
1
1
These Rules may be cited as the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 and come into force on 3rd November 2008.
2
These Rules apply to proceedings before the Tribunal which have been assigned to the Social Entitlement Chamber by the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 .
3
In these Rules —
“the 2007 Act ” means the Tribunals, Courts and Enforcement Act 2007;
“appeal” includes an application under section 19(9) of the Tax Credits Act 2002 ;
“appellant” means a person who makes an appeal to the Tribunal, or a person substituted as an appellant under rule 9(1) (substitution of parties);
“asylum support case” means proceedings concerning the provision of support for an asylum seeker or his or her dependants;
“criminal injuries compensation case” means proceedings concerning the payment of compensation under a scheme made under the Criminal Injuries Compensation Act 1995 ;
“decision maker” means the maker of a decision against which an appeal has been brought;
“dispose of proceedings” includes, unless indicated otherwise, disposing of a part of the proceedings;
“document” means anything in which information is recorded in any form, and an obligation under these Rules to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such document or copy in a legible form or in a form which can be readily made into a legible form;
“hearing” means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;
“legal representative” means an authorised advocate or authorised litigator as defined by section 119(1) of the Courts and Legal Services Act 1990 , an advocate or solicitor in Scotland or a barrister or solicitor in Northern Ireland;
“party” means —
a person who is an appellant or respondent in proceedings before the Tribunal;
a person who makes a reference to the Tribunal under section 28D of the Child Support Act 1991 ;
a person who starts proceedings before the Tribunal under paragraph 3 of Schedule 2 to the Tax Credits Act 2002; or
if the proceedings have been concluded, a person who was a party under paragraph (a), (b) or (c) when the Tribunal finally disposed of all issues in the proceedings;
“practice direction” means a direction given under section 23 of the 2007 Act;
“respondent” means —
in an appeal against a decision, the decision maker and any person other than the appellant who had a right of appeal against the decision;
in a reference under section 28D of the Child Support Act 1991 —
the absent parent or non-resident parent;
the person with care; and
in Scotland, the child if the child made the application for a departure direction or a variation;
in proceedings under paragraph 3 of Schedule 2 to the Tax Credits Act 2002, a person on whom it is proposed that a penalty be imposed; or
a person substituted or added as a respondent under rule 9 (substitution and addition of parties);
“Social Entitlement Chamber” means the Social Entitlement Chamber of the First-tier Tribunal established by the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008;
“social security and child support case” means any case allocated to the Social Entitlement Chamber except an asylum support case or a criminal injuries compensation case;
“Tribunal” means the First-tier Tribunal.
Overriding objective and parties’ obligation to co-operate with the Tribunal
2
1
The overriding objective of these Rules is to enable the Tribunal to deal with cases fairly and justly.
2
Dealing with a case fairly and justly includes —
a
dealing with the case in ways which are proportionate to the importance of the case, the complexity of the issues, the anticipated costs and the resources of the parties;
b
avoiding unnecessary formality and seeking flexibility in the proceedings;
c
ensuring, so far as practicable, that the parties are able to participate fully in the proceedings;
d
using any special expertise of the Tribunal effectively; and
e
avoiding delay, so far as compatible with proper consideration of the issues.
3
The Tribunal must seek to give effect to the overriding objective when it —
a
exercises any power under these Rules; or
b
interprets any rule or practice direction.
4
Parties must —
a
help the Tribunal to further the overriding objective; and
b
co-operate with the Tribunal generally.
Alternative dispute resolution and arbitration
3
1
The Tribunal should seek, where appropriate —
a
to bring to the attention of the parties the availability of any appropriate alternative procedure for the resolution of the dispute; and
b
if the parties wish and provided that it is compatible with the overriding objective, to facilitate the use of the procedure.
2
Part 1 of the Arbitration Act 1996 does not apply to proceedings before the Tribunal.
PART 2 General powers and provisions
Delegation to staff
4
1
Staff appointed under section 40(1) of the 2007 Act (tribunal staff and services) may, with the approval of the Senior President of Tribunals, carry out functions of a judicial nature permitted or required to be done by the Tribunal.
2
The approval referred to at paragraph (1) may apply generally to the carrying out of specified functions by members of staff of a specified description in specified circumstances.
3
Within 14 days after the date on which the Tribunal sends notice of a decision made by a member of staff under paragraph (1) to a party, that party may apply in writing to the Tribunal for that decision to be considered afresh by a judge.
Case management powers
5
1
Subject to the provisions of the 2007 Act and any other enactment, the Tribunal may regulate its own procedure.
2
The Tribunal may give a direction in relation to the conduct or disposal of proceedings at any time, including a direction amending, suspending or setting aside an earlier direction.
3
In particular, and without restricting the general powers in paragraphs (1) and (2), the Tribunal may —
a
extend or shorten the time for complying with any rule, practice direction or direction;
b
consolidate or hear together two or more sets of proceedings or parts of proceedings raising common issues, or treat a case as a lead case (whether in accordance with rule 18 (lead cases) or otherwise);
c
permit or require a party to amend a document;
d
permit or require a party or another person to provide documents, information, evidence or submissions to the Tribunal or a party;
e
deal with an issue in the proceedings as a preliminary issue;
f
hold a hearing to consider any matter, including a case management issue;
g
decide the form of any hearing;
h
adjourn or postpone a hearing;
i
require a party to produce a bundle for a hearing;
j
stay (or, in Scotland, sist) proceedings;
k
transfer proceedings to another court or tribunal if that other court or tribunal has jurisdiction in relation to the proceedings and —
i
because of a change of circumstances since the proceedings were started, the Tribunal no longer has jurisdiction in relation to the proceedings; or
ii
the Tribunal considers that the other court or tribunal is a more appropriate forum for the determination of the case; or
l
suspend the effect of its own decision pending the determination by the Tribunal or the Upper Tribunal of an application for permission to appeal against, and any appeal or review of, that decision.
Procedure for applying for and giving directions
6
1
The Tribunal may give a direction on the application of one or more of the parties or on its own initiative.
2
An application for a direction may be made —
a
by sending or delivering a written application to the Tribunal; or
b
orally during the course of a hearing.
3
An application for a direction must include the reason for making that application.
4
Unless the Tribunal considers that there is good reason not to do so, the Tribunal must send written notice of any direction to every party and to any other person affected by the direction.
5
If a party or any other person sent notice of the direction under paragraph (4) wishes to challenge a direction which the Tribunal has given, they may do so by applying for another direction which amends, suspends or sets aside the first direction.
Failure to comply with rules etc.
7
1
An irregularity resulting from a failure to comply with any requirement in these Rules, a practice direction or a direction, does not of itself render void the proceedings or any step taken in the proceedings.
2
If a party has failed to comply with a requirement in these Rules, a practice direction or a direction, the Tribunal may take such action as it considers just, which may include —
a
waiving the requirement;
b
requiring the failure to be remedied;
c
exercising its power under rule 8 (striking out a party’s case); or
d
exercising its power under paragraph (3).
3
The Tribunal may refer to the Upper Tribunal, and ask the Upper Tribunal to exercise its power under section 25 of the 2007 Act in relation to, any failure by a person to comply with a requirement imposed by the Tribunal —
a
to attend at any place for the purpose of giving evidence;
b
otherwise to make themselves available to give evidence;
c
to swear an oath in connection with the giving of evidence;
d
to give evidence as a witness;
e
to produce a document; or
f
to facilitate the inspection of a document or any other thing (including any premises).
Striking out a party’s case
8
1
The proceedings, or the appropriate part of them, will automatically be struck out if the appellant has failed to comply with a direction that stated that failure by a party to comply with the direction would lead to the striking out of the proceedings or that part of them.
2
The Tribunal must strike out the whole or a part of the proceedings if the Tribunal —
a
does not have jurisdiction in relation to the proceedings or that part of them; and
b
does not exercise its power under rule 5(3)(k)(i) (transfer to another court or tribunal) in relation to the proceedings or that part of them.
3
The Tribunal may strike out the whole or a part of the proceedings if —
a
the appellant has failed to comply with a direction which stated that failure by the appellant to comply with the direction could lead to the striking out of the proceedings or part of them;
b
the appellant has failed to co-operate with the Tribunal to such an extent that the Tribunal cannot deal with the proceedings fairly and justly; or
c
the Tribunal considers there is no reasonable prospect of the appellant’s case, or part of it, succeeding.
4
The Tribunal may not strike out the whole or a part of the proceedings under paragraph (2) or (3)(b) or (c) without first giving the appellant an opportunity to make representations in relation to the proposed striking out.
5
If the proceedings, or part of them, have been struck out under paragraph (1) or (3)(a), the appellant may apply for the proceedings, or part of them, to be reinstated.
6
An application under paragraph (5) must be made in writing and received by the Tribunal within 1 month after the date on which the Tribunal sent notification of the striking out to the appellant.
7
This rule applies to a respondent as it applies to an appellant except that —
a
a reference to the striking out of the proceedings is to be read as a reference to the barring of the respondent from taking further part in the proceedings; and
b
a reference to an application for the reinstatement of proceedings which have been struck out is to be read as a reference to an application for the lifting of the bar on the respondent from taking further part in the proceedings.
8
If a respondent has been barred from taking further part in proceedings under this rule and that bar has not been lifted, the Tribunal need not consider any response or other submission made by that respondent.
Substitution and addition of parties
9
1
The Tribunal may give a direction substituting a party if —
a
the wrong person has been named as a party; or
b
the substitution has become necessary because of a change in circumstances since the start of proceedings.
2
The Tribunal may give a direction adding a person to the proceedings as a respondent.
3
If the Tribunal gives a direction under paragraph (1) or (2) it may give such consequential directions as it considers appropriate.
No power to award costs
10
The Tribunal may not make any order in respect of costs (or, in Scotland, expenses).
Representatives
11
1
A party may appoint a representative (whether a legal representative or not) to represent that party in the proceedings.
2
Subject to paragraph (3), if a party appoints a representative, that party (or the representative if the representative is a legal representative) must send or deliver to the Tribunal written notice of the representative’s name and address.
3
In a case to which rule 23 (cases in which the notice of appeal is to be sent to the decision maker) applies, if the appellant (or the appellant’s representative if the representative is a legal representative) provides written notification of the appellant’s representative’s name and address to the decision maker before the decision maker provides its response to the Tribunal, the appellant need not take any further steps in order to comply with paragraph (2).
4
If the Tribunal receives notice that a party has appointed a representative under paragraph (2), it must send a copy of that notice to each other party.
5
Anything permitted or required to be done by a party under these Rules, a practice direction or a direction may be done by the representative of that party, except signing a witness statement.
6
A person who receives due notice of the appointment of a representative —
a
must provide to the representative any document which is required to be provided to the represented party, and need not provide that document to the represented party; and
b
may assume that the representative is and remains authorised as such until they receive written notification that this is not so from the representative or the represented party.
7
At a hearing a party may be accompanied by another person whose name and address has not been notified under paragraph (2) or (3) but who, with the permission of the Tribunal, may act as a representative or otherwise assist in presenting the party’s case at the hearing.
8
Paragraphs (2) to (6) do not apply to a person who accompanies a party under paragraph (7).
Calculating time
12
1
Except in asylum support cases, an act required by these Rules, a practice direction or a direction to be done on or by a particular day must be done by 5pm on that day.
2
If the time specified by these Rules, a practice direction or a direction for doing any act ends on a day other than a working day, the act is done in time if it is done on the next working day.
3
In this rule “working day” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971 .
Sending and delivery of documents
13
1
Any document to be provided to the Tribunal under these Rules, a practice direction or a direction must be —
a
sent by pre-paid post or delivered by hand to the address specified for the proceedings;
b
sent by fax to the number specified for the proceedings; or
c
sent or delivered by such other method as the Tribunal may permit or direct.
2
Subject to paragraph (3), if a party provides a fax number, email address or other details for the electronic transmission of documents to them, that party must accept delivery of documents by that method.
3
If a party informs the Tribunal and all other parties that a particular form of communication (other than pre-paid post or delivery by hand) should not be used to provide documents to that party, that form of communication must not be so used.
4
If the Tribunal or a party sends a document to a party or the Tribunal by email or any other electronic means of communication, the recipient may request that the sender provide a hard copy of the document to the recipient. The recipient must make such a request as soon as reasonably practicable after receiving the document electronically.
5
The Tribunal and each party may assume that the address provided by a party or its representative is and remains the address to which documents should be sent or delivered until receiving written notification to the contrary.
Use of documents and information
14
1
The Tribunal may make an order prohibiting the disclosure or publication of —
a
specified documents or information relating to the proceedings; or
b
any matter likely to lead members of the public to identify any person whom the Tribunal considers should not be identified.
2
The Tribunal may give a direction prohibiting the disclosure of a document or information to a person if —
a
the Tribunal is satisfied that such disclosure would be likely to cause that person or some other person serious harm; and
b
the Tribunal is satisfied, having regard to the interests of justice, that it is proportionate to give such a direction.
3
If a party (“the first party”) considers that the Tribunal should give a direction under paragraph (2) prohibiting the disclosure of a document or information to another party (“the second party”), the first party must —
a
exclude the relevant document or information from any documents that will be provided to the second party; and
b
provide to the Tribunal the excluded document or information, and the reason for its exclusion, so that the Tribunal may decide whether the document or information should be disclosed to the second party or should be the subject of a direction under paragraph (2).
4
The Tribunal must conduct proceedings as appropriate in order to give effect to a direction given under paragraph (2).
5
If the Tribunal gives a direction under paragraph (2) which prevents disclosure to a party who has appointed a representative, the Tribunal may give a direction that the documents or information be disclosed to that representative if the Tribunal is satisfied that —
a
disclosure to the representative would be in the interests of the party; and
b
the representative will act in accordance with paragraph (6).
6
Documents or information disclosed to a representative in accordance with a direction under paragraph (5) must not be disclosed either directly or indirectly to any other person without the Tribunal’s consent.
Evidence and submissions
15
1
Without restriction on the general powers in rule 5(1) and (2) (case management powers), the Tribunal may give directions as to —
a
issues on which it requires evidence or submissions;
b
the nature of the evidence or submissions it requires;
c
whether the parties are permitted or required to provide expert evidence;
d
any limit on the number of witnesses whose evidence a party may put forward, whether in relation to a particular issue or generally;
e
the manner in which any evidence or submissions are to be provided, which may include a direction for them to be given —
i
orally at a hearing; or
ii
by written submissions or witness statement; and
f
the time at which any evidence or submissions are to be provided.
2
The Tribunal may —
a
admit evidence whether or not —
i
the evidence would be admissible in a civil trial in the United Kingdom; or
ii
the evidence was available to a previous decision maker; or
b
exclude evidence that would otherwise be admissible where —
i
the evidence was not provided within the time allowed by a direction or a practice direction;
ii
the evidence was otherwise provided in a manner that did not comply with a direction or a practice direction; or
iii
it would otherwise be unfair to admit the evidence.
3
The Tribunal may consent to a witness giving, or require any witness to give, evidence on oath, and may administer an oath for that purpose.
Summoning or citation of witnesses and orders to answer questions or produce documents
16
1
On the application of a party or on its own initiative, the Tribunal may —
a
by summons (or, in Scotland, citation) require any person to attend as a witness at a hearing at the time and place specified in the summons or citation; or
b
order any person to answer any questions or produce any documents in that person’s possession or control which relate to any issue in the proceedings.
2
A summons or citation under paragraph (1)(a) must —
a
give the person required to attend 14 days’ notice of the hearing or such shorter period as the Tribunal may direct; and
b
where the person is not a party, make provision for the person’s necessary expenses of attendance to be paid, and state who is to pay them.
3
No person may be compelled to give any evidence or produce any document that the person could not be compelled to give or produce on a trial of an action in a court of law in the part of the United Kingdom where the proceedings are due to be determined.
4
A summons, citation or order under this rule must —
a
state that the person on whom the requirement is imposed may apply to the Tribunal to vary or set aside the summons, citation or order, if they have not had an opportunity to object to it; and
b
state the consequences of failure to comply with the summons, citation or order.
Withdrawal
17
1
Subject to paragraph (2), a party may give notice of the withdrawal of its case, or any part of it —
a
at any time before a hearing to consider the disposal of the proceedings (or, if the Tribunal disposes of the proceedings without a hearing, before that disposal), by sending or delivering to the Tribunal a written notice of withdrawal; or
b
orally at a hearing.
2
In the circumstances described in paragraph (3), a notice of withdrawal will not take effect unless the Tribunal consents to the withdrawal.
3
The circumstances referred to in paragraph (2) are where a party gives notice of withdrawal —
a
under paragraph (1)(a) in a criminal injuries compensation case; or
b
under paragraph (1)(b).
4
A party who has withdrawn their case may apply to the Tribunal for the case to be reinstated.
5
An application under paragraph (4) must be made in writing and be received by the Tribunal within 1 month after —
a
the date on which the Tribunal received the notice under paragraph (1)(a); or
b
the date of the hearing at which the case was withdrawn orally under paragraph (1)(b).
6
The Tribunal must notify each party in writing of an withdrawal under this rule.
Lead cases
18
1
This rule applies if —
a
two or more cases have been started before the Tribunal;
b
in each such case the Tribunal has not made a decision disposing of the proceedings; and
c
the cases give rise to common or related issues of fact or law.
2
The Tribunal may give a direction —
a
specifying one or more cases falling under paragraph (1) as a lead case or lead cases; and
b
staying (or, in Scotland, sisting) the other cases falling under paragraph (1) (“the related cases”).
3
When the Tribunal makes a decision in respect of the common or related issues —
a
the Tribunal must send a copy of that decision to each party in each of the related cases; and
b
subject to paragraph (4) , that decision shall be binding on each of those parties.
4
Within 1 month after the date on which the Tribunal sent a copy of the decision to a party under paragraph (3)(a), that party may apply in writing for a direction that the decision does not apply to, and is not binding on the parties to, a particular related case.
5
The Tribunal must give directions in respect of cases which are stayed or sisted under paragraph (2)(b), providing for the disposal of or further directions in those cases.
6
If the lead case or cases lapse or are withdrawn before the Tribunal makes a decision in respect of the common or related issues, the Tribunal must give directions as to —
a
whether another case or other cases are to be specified as a lead case or lead cases; and
b
whether any direction affecting the related cases should be set aside or amended.
Confidentiality in child support or child trust fund cases
19
1
Paragraph (3) applies to proceedings under the Child Support Act 1991 in the circumstances described in paragraph (2), other than an appeal against a reduced benefit decision (as defined in section 46(10)(b) of the Child Support Act 1991, as that section had effect prior to the commencement of section 15(b) of the Child Maintenance and Other Payments Act 2008 ).
2
The circumstances referred to in paragraph (1) are that the absent parent, non-resident parent or person with care would like their address or the address of the child to be kept confidential and has given notice to that effect —
a
to the Secretary of State or the Child Maintenance and Enforcement Commission in the notice of appeal or when notifying any subsequent change of address;
b
to the Secretary of State or the Child Maintenance and Enforcement Commission, whichever has made the enquiry, within 14 days after an enquiry is made; or
c
to the Tribunal when notifying any change of address.
3
Where this paragraph applies, the Secretary of State, the Child Maintenance and Enforcement Commission and the Tribunal must take appropriate steps to secure the confidentiality of the address, and of any information which could reasonably be expected to enable a person to identify the address, to the extent that the address or that information is not already known to each other party.
4
Paragraph (6) applies to proceedings under the Child Trust Funds Act 2004 in the circumstances described in paragraph (5).
5
The circumstances referred to in paragraph (4) are that a relevant person would like their address or the address of the eligible child to be kept confidential and has given notice to that effect, or a local authority with parental responsibility in relation to the eligible child would like the address of the eligible child to be kept confidential and has given notice to that effect —
a
to HMRC in the notice of appeal or when notifying any subsequent change of address;
b
to HMRC within 14 days after an enquiry by HMRC; or
c
to the Tribunal when notifying any change of address.
6
Where this paragraph applies, HMRC and the Tribunal must take appropriate steps to secure the confidentiality of the address, and of any information which could reasonably be expected to enable a person to identify the address, to the extent that the address or that information is not already known to each other party.
7
In this rule —
“eligible child” has the meaning set out in section 2 of the Child Trust Funds Act 2004;
“HMRC” means Her Majesty’s Revenue and Customs;
“non-resident parent” and “parent with care” have the meanings set out in section 54 of the Child Support Act 1991;
“parental responsibility” has the meaning set out in section 3(9) of the Child Trust Funds Act 2004; and
“relevant person” has the meaning set out in section 22(3) of the Child Trust Funds Act 2004.
Expenses in criminal injuries compensation cases
20
1
This rule applies only to criminal injuries compensation cases.
2
The Tribunal may meet reasonable expenses —
a
incurred by the appellant, or any person who attends a hearing to give evidence, in attending the hearing; or
b
incurred by the appellant in connection with any arrangements made by the Tribunal for the inspection of the appellant’s injury.
Expenses in social security and child support cases
21
1
This rule applies only to social security and child support cases.
2
The Secretary of State may pay such travelling and other allowances (including compensation for loss of remunerative time) as the Secretary of State may determine to any person required to attend a hearing in proceedings under section 20 of the Child Support Act 1991, section 12 of the Social Security Act 1998 or paragraph 6 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 .
PART 3 Proceedings before the Tribunal
CHAPTER 1
Before the hearing
Cases in which the notice of appeal is to be sent to the Tribunal
22
1
This rule applies to asylum support cases and criminal injuries compensation cases.
2
An appellant must start proceedings by sending or delivering a notice of appeal to the Tribunal so that it is received —
a
in asylum support cases, within 3 days after the date on which the appellant received written notice of the decision being challenged;
b
in criminal injuries compensation cases, within 90 days after the date of the decision being challenged.
3
The notice of appeal must be in English or Welsh, must be signed by the appellant and must state —
a
the name and address of the appellant;
b
the name and address of the appellant’s representative (if any);
c
an address where documents for the appellant may be sent or delivered;
d
the name and address of any respondent;
e
details (including the full reference) of the decision being appealed; and
f
the grounds on which the appellant relies.
4
The appellant must provide with the notice of appeal —
a
a copy of any written record of the decision being challenged;
b
any statement of reasons for that decision that the appellant has or can reasonably obtain;
c
any documents in support of the appellant’s case which have not been supplied to the respondent; and
d
any further information or documents required by an applicable practice direction.
5
In asylum support cases the notice of appeal must also —
a
state whether the appellant will require an interpreter at any hearing, and if so for which language or dialect; and
b
state whether the appellant intends to attend or be represented at any hearing.
6
If the appellant provides the notice of appeal to the Tribunal later than the time required by paragraph (2) or by an extension of time allowed under rule 5(3)(a) (power to extend time) —
a
the notice of appeal must include a request for an extension of time and the reason why the notice of appeal was not provided in time; and
b
unless the Tribunal extends time for the notice of appeal under rule 5(3)(a) (power to extend time) the Tribunal must not admit the notice of appeal.
7
The Tribunal must send a copy of the notice of appeal and any accompanying documents to each other party —
a
in asylum support cases, on the day that the Tribunal receives the notice of appeal, or (if that is not reasonably practicable) as soon as reasonably practicable on the following day;
b
in criminal injuries compensation cases, as soon as reasonably practicable after the Tribunal receives the notice of appeal.
Cases in which the notice of appeal is to be sent to the decision maker
23
1
This rule applies to social security and child support cases (except references under the Child Support Act 1991 and proceedings under paragraph 3 of Schedule 2 to the Tax Credits Act 2002).
2
An appellant must start proceedings by sending or delivering a notice of appeal to the decision maker so that it is received within the time specified in Schedule 1 to these Rules (time limits for providing notices of appeal to the decision maker).
3
If the appellant provides the notice of appeal to the decision maker later than the time required by paragraph (2) the notice of appeal must include the reason why the notice of appeal was not provided in time.
4
Subject to paragraph (5), where an appeal is not made within the time specified in Schedule 1, it will be treated as having been made in time if the decision maker does not object.
5
No appeal may be made more than 12 months after the time specified in Schedule 1.
6
The notice of appeal must be in English or Welsh, must be signed by the appellant and must state —
a
the name and address of the appellant;
b
the name and address of the appellant’s representative (if any);
c
an address where documents for the appellant may be sent or delivered;
d
details of the decision being appealed; and
e
the grounds on which the appellant relies.
7
The decision maker must refer the case to the Tribunal immediately if —
a
the appeal has been made after the time specified in Schedule 1 and the decision maker objects to it being treated as having been made in time; or
b
the decision maker considers that the appeal has been made more than 12 months after the time specified in Schedule 1.
Responses and replies
24
1
When a decision maker receives the notice of appeal or a copy of it, the decision maker must send or deliver a response to the Tribunal —
a
in asylum support cases, so that it is received within 3 days after the date on which the Tribunal received the notice of appeal; and
b
in other cases, as soon as reasonably practicable after the decision maker received the notice of appeal.
2
The response must state —
a
the name and address of the decision maker;
b
the name and address of the decision maker’s representative (if any);
c
an address where documents for the decision maker may be sent or delivered;
d
the names and addresses of any other respondents and their representatives (if any);
e
whether the decision maker opposes the appellant’s case and, if so, any grounds for such opposition which are not set out in any documents which are before the Tribunal; and
f
any further information or documents required by a practice direction or direction.
3
The response may include a submission as to whether it would be appropriate for the case to be disposed of without a hearing.
4
The decision maker must provide with the response —
a
a copy of any written record of the decision under challenge, and any statement of reasons for that decision, if they were not sent with the notice of appeal;
b
copies of all documents relevant to the case in the decision maker’s possession, unless a practice direction or direction states otherwise; and
c
in cases to which rule 23 (cases in which the notice of appeal is to be sent to the decision maker) applies, a copy of the notice of appeal, any documents provided by the appellant with the notice of appeal and (if they have not otherwise been provided to the Tribunal) the name and address of the appellant’s representative (if any).
5
The decision maker must provide a copy of the response and any accompanying documents to each other party at the same time as it provides the response to the Tribunal.
6
The appellant and any other respondent may make a written submission and supply further documents in reply to the decision maker’s response.
7
Any submission or further documents under paragraph (6) must be provided to the Tribunal within 1 month after the date on which the decision maker sent the response to the party providing the reply, and the Tribunal must send a copy to each other party.
Medical and physical examination in appeals under section 12 of the Social Security Act 1998
25
1
This rule applies only to appeals under section 12 of the Social Security Act 1998.
2
At a hearing an appropriate member of the Tribunal may carry out a physical examination of a person if the case relates to —
a
the extent of that person’s disablement and its assessment in accordance with section 68(6) of and Schedule 6 to, or section 103 of, the Social Security Contributions and Benefits Act 1992 ; or
b
diseases or injuries prescribed for the purpose of section 108 of that Act.
3
If an issue which falls within Schedule 2 to these Rules (issues in relation to which the Tribunal may refer a person for medical examination) is raised in an appeal, the Tribunal may exercise its power under section 20 of the Social Security Act 1998 to refer a person to a health care professional approved by the Secretary of State for —
a
the examination of that person; and
b
the production of a report on the condition of that person.
4
Neither paragraph (2) nor paragraph (3) entitles the Tribunal to require a person to undergo a physical test for the purpose of determining whether that person is unable to walk or virtually unable to do so.
Social security and child support cases started by reference or information in writing
26
1
This rule applies to proceedings under section 28D of the Child Support Act 1991 and paragraph 3 of Schedule 2 to the Tax Credits Act 2002.
2
A person starting proceedings under section 28D of the Child Support Act 1991 must send or deliver a written reference to the Tribunal.
3
A person starting proceedings under paragraph 3 of Schedule 2 to the Tax Credits Act 2002 must send or deliver an information in writing to the Tribunal.
4
The reference or the information in writing must include —
a
an address where documents for the person starting proceedings may be sent or delivered;
b
the names and addresses of the respondents and their representatives (if any); and
c
a submission on the issues that arise for determination by the Tribunal.
5
Unless a practice direction or direction states otherwise, the person starting proceedings must also provide a copy of each document in their possession which is relevant to the proceedings.
6
Subject to any obligation under rule 19(3) (confidentiality in child support cases), the person starting proceedings must provide a copy of the written reference or the information in writing and any accompanying documents to each respondent at the same time as they provide the written reference or the information in writing to the Tribunal.
7
Each respondent may send or deliver to the Tribunal a written submission and any further relevant documents within one month of the date on which the person starting proceedings sent a copy of the written reference or the information in writing to that respondent.
CHAPTER 2
Hearings
Decision with or without a hearing
27
1
Subject to the following paragraphs, the Tribunal must hold a hearing before making a decision which disposes of proceedings unless —
a
each party has consented to, or has not objected to, the matter being decided without a hearing; and
b
the Tribunal considers that it is able to decide the matter without a hearing.
2
This rule does not apply to decisions under Part 4.
3
The Tribunal may in any event dispose of proceedings without a hearing under rule 8 (striking out a party’s case).
4
In a criminal injuries compensation case —
a
the Tribunal may make a decision which disposes of proceedings without a hearing; and
b
subject to paragraph (5), if the Tribunal makes a decision which disposes of proceedings without a hearing, any party may make a written application to the Tribunal for the decision to be reconsidered at a hearing.
5
An application under paragraph (4)(b) may not be made in relation to a decision —
a
not to extend a time limit;
b
not to set aside a previous decision;
c
not to allow an appeal against a decision not to extend a time limit; or
d
not to allow an appeal against a decision not to reopen a case.
6
An application under paragraph (4)(b) must be received within 1 month after the date on which the Tribunal sent notice of the decision to the party making the application.
Entitlement to attend a hearing
28
Subject to rule 30(5) (exclusion of a person from a hearing), each party to proceedings is entitled to attend a hearing.
Notice of hearings
29
1
The Tribunal must give each party entitled to attend a hearing reasonable notice of the time and place of the hearing (including any adjourned or postponed hearing) and any changes to the time and place of the hearing.
2
The period of notice under paragraph (1) must be at least 14 days except that —
a
in an asylum support case the Tribunal must give at least 1 day’s and not more than 5 days’ notice; and
b
the Tribunal may give shorter notice —
i
with the parties’ consent; or
ii
in urgent or exceptional circumstances.
Public and private hearings
30
1
Subject to the following paragraphs, all hearings must be held in public.
2
A hearing in a criminal injuries compensation case must be held in private unless —
a
the appellant has consented to the hearing being held in public; and
b
the Tribunal considers that it is in the interests of justice for the hearing to be held in public.
3
The Tribunal may give a direction that a hearing, or part of it, is to be held in private.
4
Where a hearing, or part of it, is to be held in private, the Tribunal may determine who is permitted to attend the hearing or part of it.
5
The Tribunal may give a direction excluding from any hearing, or part of it —
a
any person whose conduct the Tribunal considers is disrupting or is likely to disrupt the hearing;
b
any person whose presence the Tribunal considers is likely to prevent another person from giving evidence or making submissions freely;
c
any person who the Tribunal considers should be excluded in order to give effect to a direction under rule 14(2) (withholding information likely to cause harm); or
d
any person where the purpose of the hearing would be defeated by the attendance of that person.
6
The Tribunal may give a direction excluding a witness from a hearing until that witness gives evidence.
Hearings in a party’s absence
31
If a party fails to attend a hearing the Tribunal may proceed with the hearing if the Tribunal —
a
is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and
b
considers that it is in the interests of justice to proceed with the hearing.
CHAPTER 3
Decisions
Consent orders
32
1
The Tribunal may, at the request of the parties but only if it considers it appropriate, make a consent order disposing of the proceedings and making such other appropriate provision as the parties have agreed.
2
Notwithstanding any other provision of these Rules, the Tribunal need not hold a hearing before making an order under paragraph (1), or provide reasons for the order.
Notice of decisions
33
1
The Tribunal may give a decision orally at a hearing.
2
Subject to rule 14(2) (withholding information likely to cause harm), the Tribunal must provide to each party as soon as reasonably practicable after making a decision which finally disposes of all issues in the proceedings (except a decision under Part 4) —
a
a decision notice stating the Tribunal’s decision;
b
where appropriate, notification of the right to apply for a written statement of reasons under rule 34(3); and
c
notification of any right of appeal against the decision and the time within which, and the manner in which, such right of appeal may be exercised.
3
In asylum support cases the notice and notifications required by paragraph (2) must be provided at the hearing or sent on the day that the decision is made.
Reasons for decisions
34
1
In asylum support cases the Tribunal must send a written statement of reasons for a decision which disposes of proceedings (except a decision under Part 4) to each party —
a
if the case is decided at a hearing, within 3 days after the hearing; or
b
if the case is decided without a hearing, on the day that the decision is made.
2
In all other cases the Tribunal may give reasons for a decision which disposes of proceedings (except a decision under Part 4) —
a
orally at a hearing; or
b
in a written statement of reasons to each party.
3
Unless the Tribunal has already provided a written statement of reasons under paragraph (2)(b), a party may make a written application to the Tribunal for such statement following a decision which finally disposes of all issues in the proceedings.
4
An application under paragraph (3) must be received within 1 month of the date on which the Tribunal sent or otherwise provided to the party a decision notice relating to the decision which finally disposes of all issues in the proceedings.
5
If a party makes an application in accordance with paragraphs (3) and (4) the Tribunal must, subject to rule 14(2) (withholding information likely to cause harm), send a written statement of reasons to each party within 1 month of the date on which it received the application or as soon as reasonably practicable after the end of that period.
PART 4 Correcting, setting aside, reviewing and appealing Tribunal decisions
Interpretation
35
In this Part —
“appeal” means the exercise of a right of appeal —
under paragraph 2(2) or 4(1) of Schedule 2 to the Tax Credits Act 2002 ;
under section 21(10) of the Child Trust Funds Act 2004 ; or
on a point of law under section 11 of the 2007 Act; and
“review” means the review of a decision by the Tribunal under section 9 of the 2007 Act.
Clerical mistakes and accidental slips or omissions
36
The Tribunal may at any time correct any clerical mistake or other accidental slip or omission in a decision, direction or any document produced by it, by —
a
sending notification of the amended decision or direction, or a copy of the amended document, to all parties; and
b
making any necessary amendment to any information published in relation to the decision, direction or document.
Setting aside a decision which disposes of proceedings
37
1
The Tribunal may set aside a decision which disposes of proceedings, or part of such a decision, and re-make the decision, or the relevant part of it, if —
a
the Tribunal considers that it is in the interests of justice to do so; and
b
one or more of the conditions in paragraph (2) are satisfied.
2
The conditions are —
a
a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party or a party’s representative;
b
a document relating to the proceedings was not sent to the Tribunal at an appropriate time;
c
a party, or a party’s representative, was not present at a hearing related to the proceedings; or
d
there has been some other procedural irregularity in the proceedings.
3
A party applying for a decision, or part of a decision, to be set aside under paragraph (1) must make a written application to the Tribunal so that it is received no later than 1 month after the date on which the Tribunal sent notice of the decision to the party.
Application for permission to appeal
38
1
This rule does not apply to asylum support cases or criminal injuries compensation cases.
2
A person seeking permission to appeal must make a written application to the Tribunal for permission to appeal.
3
An application under paragraph (2) must be sent or delivered to the Tribunal so that it is received no later than 1 month after the latest of the dates that the Tribunal sends to the person making the application —
a
written reasons for the decision;
b
notification of amended reasons for, or correction of, the decision following a review; or
c
notification that an application for the decision to be set aside has been unsuccessful.
4
The date in paragraph (3)(c) applies only if the application for the decision to be set aside was made within the time stipulated in rule 37 (setting aside a decision which disposes of proceedings) or any extension of that time granted by the Tribunal.
5
If the person seeking permission to appeal sends or delivers the application to the Tribunal later than the time required by paragraph (3) or by any extension of time under rule 5(3)(a) (power to extend time) —
a
the application must include a request for an extension of time and the reason why the application was not provided in time; and
b
unless the Tribunal extends time for the application under rule 5(3)(a) (power to extend time) the Tribunal must not admit the application.
6
An application under paragraph (2) must —
a
identify the decision of the Tribunal to which it relates;
b
identify the alleged error or errors of law in the decision; and
c
state the result the party making the application is seeking.
7
If a person makes an application under paragraph (2) when the Tribunal has not given a written statement of reasons for its decision —
a
if no application for a written statement of reasons has been made to the Tribunal, the application for permission must be treated as such an application;
b
unless the Tribunal decides to give permission and directs that this sub-paragraph does not apply, the application is not to be treated as an application for permission to appeal; and
c
if an application for a written statement of reasons has been, or is, refused because of a delay in making the application, the Tribunal must only admit the application for permission if the Tribunal considers that it is in the interests of justice to do so.
Tribunal’s consideration of application for permission to appeal
39
1
On receiving an application for permission to appeal the Tribunal must first consider, taking into account the overriding objective in rule 2, whether to review the decision in accordance with rule 40 (review of a decision).
2
If the Tribunal decides not to review the decision, or reviews the decision and decides to take no action in relation to the decision, or part of it, the Tribunal must consider whether to give permission to appeal in relation to the decision or that part of it.
3
The Tribunal must send a record of its decision to the parties as soon as practicable.
4
If the Tribunal refuses permission to appeal it must send with the record of its decision —
a
a statement of its reasons for such refusal; and
b
notification of the right to make an application to the Upper Tribunal for permission to appeal and the time within which, and the method by which, such application must be made.
5
The Tribunal may give permission to appeal on limited grounds, but must comply with paragraph (4) in relation to any grounds on which it has refused permission.
Review of a decision
40
1
This rule does not apply to asylum support cases or criminal injuries compensation cases.
2
The Tribunal may only undertake a review of a decision —
a
pursuant to rule 39(1) (review on an application for permission to appeal); and
b
if it is satisfied that there was an error of law in the decision.
3
The Tribunal must notify the parties in writing of the outcome of any review, and of any right of appeal in relation to the outcome.
4
If the Tribunal takes any action in relation to a decision following a review without first giving every party an opportunity to make representations, the notice under paragraph (3) must state that any party that did not have an opportunity to make representations may apply for such action to be set aside and for the decision to be reviewed again.
Power to treat an application as a different type of application
41
The Tribunal may treat an application for a decision to be corrected, set aside or reviewed, or for permission to appeal against a decision, as an application for any other one of those things.
Patrick Elias
Phillip Brook Smith Q.C.
Lesley Clare
Douglas J. May Q.C.
Newton of Braintree
M.J. Reed
Mark Rowland
Nicholas Warren
I allow these Rules
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
9th October 2008


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A4 Trunk Road (Bath to Bristol) (Detrunking) Order 2008 and shall come into force on 1st April 2008.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the trunk road” means the A4 Trunk Road; and
iii
“the plan” means the plan folio, numbered HA 10/ TD /028, marked “The A4 Trunk Road (Bath to Bristol) (Detrunking) Order 2008”, signed by authority of the Secretary of State for Transport and deposited at the Department for Transport, Information Management Division, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex TN37 7GA.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport
Graham Bowskill
A Divisional Director in the Highways Agency
11th February 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Nutritional Standards and Requirements for School Food) (England) (Amendment) Regulations 2008 and shall come into force on 1st September 2008.
2
These Regulations apply only in relation to England.
Amendments
2
The Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007 are amended as follows.
3
In regulation 2(1) (Interpretation) after the definition of “fruit juice” insert —
“low fat milk” means milk the fat content of which has been reduced to not more than 1.8%;
.
4
For regulation 10 substitute —
10
1
Fruit juice provided in schools must not contain any honey or added vitamins or minerals.
2
Sugars may be added to fruit juice, other than any prepared from grapes or pears, which is provided in schools, but only for the purpose and in the amount permitted by paragraph 3(a) of Schedule 3 to the Fruit Juices Regulations.
.
5
In Schedule 1 for the fifth and sixth groups in the table (Groups E and F) substitute —
E. Milk and dairy foods Low fat milk, lactose reduced milk,
cheese, yoghurt (including frozen), fromage frais and custard; but not butter or cream
F. Drinks
(sub-divided as shown)
F1: Plain drinks :
Plain water (still or carbonated).
Low fat milk or lactose reduced milk.
Fruit juice or vegetable juice.
Plain soya, rice or oat drinks enriched with calcium.
Plain fermented milk drinks.
F2: Combination drinks:
Combinations of fruit juice or vegetable juice with —
plain water, in which case the fruit juice or vegetable juice must be at least 50% by volume and may contain vitamins and minerals;
low fat milk, lactose reduced milk or plain fermented milk drinks (in each case with or without plain water) in which case the milk or fermented milk drink must be at least 50% by volume and may contain vitamins, minerals and less than 5% added sugars or honey;
plain soya, rice or oat drink (in each case with or without plain water) in which case the soya, rice or oat drink must be at least 50% by volume and may contain vitamins, minerals and less than 5% added sugars or honey.
Combinations of low fat milk, lactose reduced milk, plain fermented milk drinks or plain soya, rice or oat drinks (in each case with or without plain water) with cocoa, in which case the low fat milk, lactose reduced milk, fermented milk drink, soya, rice or oat drink must be at least 50% by volume and may contain vitamins, minerals and less than 5% added sugars or honey.
Flavoured low fat milk, flavoured lactose reduced milk or flavoured soya, rice or oat drinks, in which case the low fat milk, lactose reduced milk, soya, rice or oat drink must be at least 90% by volume and may contain vitamins, minerals and less than 5% added sugars or honey.
Tea, coffee.
Hot chocolate which may contain vitamins, minerals and less than 5% added sugars or honey.
6
In paragraph 11 of Part 2 of Schedule 3 —
a
after the definition of “average school lunch” insert —
“group of schools” means two or more schools providing education for the same age range of pupils and which, where the schools provide secondary education, are either all co-educational, all boys’ single sex or all girls’ single sex.
;
b
in the definition of “menu cycle” after the words “school lunches” insert “at a school or group of schools”; and
c
after the definition of “nutrient” insert —
“second key stage” and “third key stage” shall be construed in accordance with section 82 of the Education Act 2002
.
7
In paragraph 13 of Part 2 of Schedule 3 after the words “The average school lunch for a school” insert “or a group of schools”.
8
In paragraph 14 of Part 2 of Schedule 3 —
a
in sub-paragraph (a) for “or within 5% of that figure” substitute “or, where applicable, the figure calculated in accordance with paragraphs 15 or 16 or in each case within 5% of that figure”;
b
in sub-paragraphs (b) and (c) after the words “shown in the table below” insert “or, where applicable, calculated in accordance with paragraphs 15 or 16”.
9
After paragraph 14 of Part 2 of Schedule 3 insert —
15
In the case of any school or group of schools providing both primary and secondary education, for the purpose of paragraph 14 the figure or amount shall be —
( X + Y ) / Total number of pupils.
Where —
X is the figure or amount shown in the table below for primary schools multiplied by the number of pupils receiving primary education; and
Y is the figure or amount shown in the table below for the applicable type of secondary school multiplied by the number of pupils receiving secondary education.
16
In the case of a middle school or a group of schools that are middle schools, for the purpose of paragraph 14 the figure or amount shall be —
( A + B ) / Total number of pupils.
Where —
A is the figure or amount shown in the table below for middle school second key stage multiplied by the number of pupils in the second key stage; and
B is the figure or amount shown in the table below for middle school third key stage multiplied by the number of pupils in the third key stage
10
For the table in Part 2 of Schedule 3 substitute —
Energy or Nutrient and amount of measurement Maximum or minimum value Primary Schools Middle Schools Secondary Schools Second Key Stage Third Key Stage Single Sex Girls’ Single Sex Boys’ Co-educational
Energy in kilojoules (kilocalories) - 2215 (530) 2328 (557) 2549 (610) 2412
(577)
2985
(714)
2700
(646)
Fat (grams) Max 20.6 21.6 23.7 22.5 27.8 25.1 Saturated fat (grams) Max 6.5 6.8 7.5 7.1 8.7 7.9 Non-milk extrinsic sugars (grams) Max 15.5 16.3 17.9 16.9 20.9 18.9 Sodium (milligrams) Max 499 595 714 714 714 714 Total carbohydrate (grams) Min 70.6 74.2 81.3 77 95.2 86.1 Fibre (grams) Min 4.2 4.5 4.9 4.6 5.7 5.2 Protein (grams) Min 7.5 8.5 12.5 12.7 13.8 13.3 Iron (milligrams) Min 3 3 5.2 5.2 4 5.2 Zinc (milligrams) Min 2.5 2.5 3.2 3.2 3.3 3.3 Calcium (milligrams) Min 193 193 350 280 350 350 Vitamin A (micrograms) Min 175 175 210 210 245 245 Vitamin C (milligrams) Min 10.5 10.5 12.3 14 14 14 Folate (micrograms) Min 53 53 70 70 70 70
Kevin Brennan
Minister of State
Department for Children, Schools and Families
3rd July 2008


text:
Title, commencement and interpretation
1
1
The title of this Order is the Hywel Dda National Health Service Trust (Establishment) Order 2008 and it comes into force on 12 March 2008.
2
In this Order unless the context otherwise requires —
“the Act” (“ y Ddeddf ”) means the National Health Service (Wales) Act 2006;
“community health services” (“ gwasanaethau iechyd cymunedol ”) means any service which the Welsh Ministers may provide under section 3(1) of or Schedule 1 to the Act;
“establishment date” (“ dyddiad sefydlu ”) means 12 March 2008;
“operational date” (“ dyddiad gweithredol ”) has the meaning assigned to it in paragraph 5(5) of Schedule 3 to the Act;
“the trust” (“ yr ymddiriedolaeth ”) means the Hywel Dda National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established a National Health Service trust which is called the Hywel Dda National Health Service Trust or Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Hywel Dda.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 18(1) of the Act.
2
The trust’s functions are to provide goods and services (including hospital accommodation and community health services) from —
a
Bronglais General Hospital, Caradoc Road, Aberystwyth, SY23 1ER,
b
Prince Philip Hospital, Bryngwynmawr, Dafen, Llanelli, SA14 8QF,
c
West Wales General Hospital, Dolgwili Road, Carmarthen, SA31 2AF,
d
Withybush General Hospital, Fishguard Road, Haverfordwest, SA61 2PZ
and associated hospitals and premises.
Directors of the Trust
4
1
The trust will have, in addition to the chairman, 7 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 5(3) of Schedule 3 to the Act, one of the non-executive directors is to be appointed from Swansea University.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 2008.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust has the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
11 March 2008


text:
Citation and commencement
1
This Order may be cited as The Rent Officers (Housing Benefit Functions) Amendment Order 2008 and shall come into force on 7th April 2008.
Amendment of the Rent Officers (Housing Benefit Functions) Amendment Order 2007
2
1
The Rent Officers (Housing Benefit Functions) Amendment Order 2007 shall be amended as follows.
2
In article 4 (amendments to the Rent Officers Order relating to the local housing allowance coming into force on 20th March 2008), in paragraph (2)(d) in the inserted paragraph (3A) omit “working”.
3
In article 6 (amendments to the Rent Officers Order relating to the local housing allowance coming into force on 7th April 2008 save for certain purposes), in paragraph (4)(c) —
a
for paragraph (ii) substitute —
ii
for sub-paragraphs (b) and (c) substitute —
b
any local housing allowance determination made in accordance with paragraph (4) shall take effect for the month in which the relevant date falls, except that no such determination can have effect before 7th April 2008; and
c
any local housing allowance determination made in accordance with paragraph (4A) shall take effect for the month in which notice is given in accordance with sub-paragraph (a), except that no such determination can have effect before 7th April 2008.
; and
b
omit paragraph (iii).
4
In article 13 (amendments to the Rent Officers (Scotland) Order relating to the local housing allowance coming into force on 20th March 2008) in paragraph (2)(d) in the inserted paragraph (3A) omit “working”.
5
In article 15 (amendments to the Rent Officers (Scotland) Order relating to the local housing allowance coming into force on 7th April 2008 save for certain purposes) in paragraph (4)(c) —
a
for paragraph (ii) substitute —
ii
for sub-paragraphs (b) and (c) substitute —
b
any local housing allowance determination made in accordance with paragraph (4) shall take effect for the month in which the relevant date falls, except that no such determination can have effect before 7th April 2008; and
c
any local housing allowance determination made in accordance with paragraph (4A) shall take effect for the month in which notice is given in accordance with sub-paragraph (a), except that no such determination can have effect before 7th April 2008.
; and
b
omit paragraph (iii).
Signed by authority of the Secretary of State for Work and Pensions
Stephen C. Timms
Minister of State,
Department for Work and Pensions
28th February 2008


text:
Citation and commencement
1
This Order may be cited as the Land Registration (Proper Office) Order 2008 and shall come into force on 1 April 2009.
Applications to which this Order applies
2
1
This Order applies to any application to the registrar except an application delivered to the registrar —
a
in accordance with a written arrangement as to delivery made between the registrar and the applicant or between the registrar and the applicant’s conveyancer, or
b
under the provisions of any relevant notice given under Schedule 2 to the Land Registration Rules 2003 .
2
In this article “conveyancer” means —
a
a solicitor,
b
a licensed conveyancer within the meaning of section 11(2) of the Administration of Justice Act 1985 ,
c
a fellow of the Institute of Legal Executives,
d
a barrister,
e
a duly certificated notary public, or
f
a registered European lawyer within the meaning of the European Communities (Lawyer’s Practice) Regulations 2000 who by virtue of regulations 6 and 12 of those Regulations is entitled to prepare for remuneration an instrument creating or transferring an interest in land in England and Wales.
Designation of the proper office
3
1
The proper office for the receipt of an application to which this Order applies is any office of the land registry specified in column 1 of the Schedule which is opposite an administrative area shown in column 2 of the Schedule in which the land to which that application relates is wholly or partly situated.
2
In the Schedule, reference to an office of the land registry does not include any sub-office of that office.
Revocation
4
The Land Registration (Proper Office) Order 2007 and the Land Registration (Proper Office) (Amendment) Order 2008 are revoked.
Signed by authority of the Lord Chancellor
Michael Wills
Minister of State
Ministry of Justice
15th December 2008


text:
PART 1 General
Citation, commencement and interpretation
1
These Regulations may be cited as the Childcare (Inspections) Regulations 2008 and come into force on 1st September 2008.
2
In these Regulations —
“the 1989 Act ” means the Children Act 1989 ;
“the 2006 Act ” means the Childcare Act 2006;
“early years inspection” means an inspection conducted by the Chief Inspector under section 49(2)(a) of the 2006 Act of early years provision in respect of which an early years provider is registered in the early years register;
“parent” includes a person who has parental responsibility for a child or who has care of a child;
“relevant local authority”, in relation to early years provision, means the English local authority for the area in which the provision is provided.
PART 2 Inspection of early years provision
Frequency of inspection of early years provision
3
1
This regulation applies in the case of an early years provider who, immediately before 1st September 2008 was registered under section 79F of the 1989 Act and, on 1st September 2008, becomes registered in the early years register .
2
An early years inspection must be conducted —
a
within the period of 3 years beginning with 1st August 2009, and
b
thereafter, within each period of 3 years beginning with the 1st August following the date of the previous early years inspection.
4
1
This regulation applies in the case of an early years provider who is registered in the early years register, and to whom regulation 3 does not apply.
2
An early years inspection must be conducted —
a
within the period of 3 years beginning with the 1st August following the date of the provider’s registration in the early years register, and
b
thereafter, within each period of 3 years beginning with the 1st August following the date of the previous early years inspection.
Arrangements for inspection of independent schools
5
1
The Chief Inspector is not required to inspect early years provision at an independent school if, by the relevant time —
a
that early years provision has been inspected by a body approved by the Secretary of State for the purposes of section 49(4) of the 2006 Act, and
b
that approved body has prepared a report of the inspection which reports on the matters set out in section 50(1)(a) to (d) of the 2006 Act, and has sent a copy of that report to the Chief Inspector.
2
In paragraph (1), “the relevant time” means 2 months before the date by which the Chief Inspector would, but for regulation 5(1), be required to inspect the early years provision in accordance with regulation 3 or 4.
Notification of inspection: early years childminders
6
An early years childminder who becomes aware of the fact that the early years childminding is to be inspected by the Chief Inspector must notify that fact to a parent of each child for whom the early years childminding is for the time being provided.
Notification of inspection: other early years providers
7
An early years provider (other than an early years childminder) who becomes aware of the fact that the early years provision is to be inspected by the Chief Inspector must notify that fact to a parent of each child for whom the early years provision is for the time being provided, where —
a
the parent has given their name and address to the early years provider, and
b
the child has attended the early years provision for —
i
at least 12 weeks in the 12 month period preceding the date of the inspection, and
ii
a continuous 2 hour period, at least twice in each of the 12 weeks referred to in sub-paragraph (i).
Copy of report to be sent by the Chief Inspector
8
The Chief Inspector must send a copy of a report (or such parts of a report as the Chief Inspector considers appropriate) made under section 50(1) of the Act to the relevant local authority.
Copies of report to be provided by early years childminder
9
An early years childminder must provide a copy of a report received from the Chief Inspector to —
a
a parent of each child for whom the early years childminding is for the time being provided, and
b
any person who requests a copy of the report (including a parent who has previously been provided with a copy in accordance with paragraph (a) but who requests a further copy), provided that person has paid any fee charged by the early years childminder in accordance with regulation 11.
Copy of report to be provided by other early years provider
10
An early years provider (other than an early years childminder) must provide a copy of a report received from the Chief Inspector to —
a
a parent of each child for whom the early years provision is for the time being provided, where —
i
that parent has given their name and address to the early years provider, and
ii
the child has attended the early years provision for —
aa
at least 12 weeks in the 12 month period preceding the date of the inspection, and
bb
a continuous 2 hour period, at least twice in each of the 12 weeks referred to in sub-paragraph (aa); and
b
any person who requests a copy of the report (including a parent who has previously been provided with a copy in accordance with paragraph (a) but who requests a further copy), provided that person has paid any fee charged by the early years provider in accordance with regulation 11.
Fee for providing copy of report
11
An early years provider may charge a fee for providing a copy of a report which a person has requested under regulation 9(b) or 10(b).
PART 3 Inspection of later years provision for children under 8
Notification of inspection: later years childminders
12
Where a later years childminder who is registered in Part A of the general childcare register becomes aware of the fact that the later years childminding is to be inspected by the Chief Inspector, that provider must notify that fact to a parent of each child for whom the later years childminding is for the time being provided.
Notification of inspection: other later years providers
13
Where a later years provider (other than a later years childminder) who is registered in Part A of the general childcare register becomes aware of the fact that the later years provision is to be inspected by the Chief Inspector, the later years provider must notify that fact to a parent of each child for whom the later years provision is for the time being provided, where —
a
that parent has given their name and address to the later years provider, and
b
the child has attended the later years provision for —
i
at least 12 weeks in the 12 month period preceding the date of the inspection, and
ii
a continuous 2 hour period, at least twice in each of the 12 weeks referred to in sub-paragraph (i).
Copy of report to be sent by Chief Inspector
14
The Chief Inspector must send a copy of any report (or such parts of a report as the Chief Inspector considers appropriate) made under section 61(1) of the 2006 Act to the relevant local authority.
Copy of report to be provided by later years childminder
15
A later years childminder must provide a copy of a report received from the Chief Inspector to —
a
a parent of each child for whom the later years childminding is for the time being provided, and
b
any person who requests a copy of the report (including a parent who has previously been provided with a copy under paragraph (a) and who requests a further copy), provided that person has paid any fee charged by the later years childminder in accordance with regulation 17.
Copies of report to be provided by other later years provider
16
A later years provider (other than a later years childminder) must provide a copy of a report received from the Chief Inspector to —
a
a parent of each child for whom the later years provision is for the time being provided, where —
i
that parent has given their name and address to the later years provider, and
ii
the child has attended the later years provision for —
aa
at least 12 weeks in the 12 month period preceding the date of the inspection, and
bb
a continuous 2 hour period, at least twice in each of the 12 weeks referred to in sub-paragraph (aa); and
b
any person who requests a copy of the report (including a parent who has previously been provided with a copy under paragraph (a) and who requests a further copy), provided that person has paid any fee charged by the later years provider in accordance with regulation 17.
Fee for providing copy of report
17
A later years provider may charge a fee for providing a copy of a report which a person has requested under regulation 15(b) or 16(b).
Beverley Hughes
Minister of State
Department for Children, Schools and Families
1st July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Spectrum Trading) (Amendment) (No. 2) Regulations 2008 and shall come into force on 29th August 2008 .
Amendment of the Wireless Telegraphy (Spectrum Trading) Regulations 2004
2
The Wireless Telegraphy (Spectrum Trading) Regulations 2004 shall be amended in accordance with these Regulations.
Amendment of regulation 4
3
In regulation 4(3) after “Parts 1 to 6 of the Schedule” insert “and Parts 8 and 9 of the Schedule”.
Amendment of regulation 6
4
In regulation 6(a) —
a
at the end of sub-paragraph (v) delete “or”;
b
at the end of sub-paragraph (vi) delete “and”;
c
after sub-paragraph (vi) add two new sub-paragraphs as follows —
vii
part frequency channels which have in each case a bandwidth of 6.25 kHz or a multiple thereof and the same start or end frequency limit as a licensed frequency channel under one of the licences of a class specified in Column 1 of Part 8 of the Schedule which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of the same Part; or
viii
a geographical area being a fifty kilometre by fifty kilometre square part of the total geographical area in which the holder is authorised to establish, install and use radio transmitting and receiving stations or apparatus under one of the licences specified in Column 1 of Part 8 of the Schedule which apply to a station or apparatus operating within any of the frequency bands specified in Column 2 of the same Part; and
.
Amendment of the Schedule
5
1
In Column 1 of Part 4 of the Schedule after “Spectrum Access” insert “Business Radio (Technically Assigned)”.
2
In Column 2 of Part 4 of the Schedule after “1452-1492 MHz ” insert —
26.2 – 87.50 MHz 136 – 208 MHz 426 – 470 MHz
.
3
After Part 7 of the Schedule add Part 8 and Part 9 as follows —
PART 8
Column 1 Column 2
Licence class Frequency bands Business Radio (Area Defined) 26.2 – 87.50 MHz 136 – 208 MHz 425 – 470 MHz 132 – 134 kHz 146 – 148 kHz
PART 9
Column 1 Column 2
Licence classes Frequency bands Business Radio (Simple UK ) 26.2 – 87.50 MHz Business Radio (Suppliers Light) 136 – 208 MHz Business Radio (Simple Site) 425 – 470 MHz
Philip Rutnam
Partner, Spectrum Policy
For and by authority of the Office of Communications
5th August 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Finance Act 2007, Schedule 24 (Commencement and Transitional Provisions) Order 2008.
2
In this Order “Schedule 24” means Schedule 24 to the Finance Act 2007 and a reference to a paragraph (without more) is a reference to that paragraph of Schedule 24.
3
In this Order —
“ HMRC ” means Her Majesty’s Revenue and Customs ;
“relevant documents” means documents given to HMRC of a kind listed in the Table in paragraph 1;
“relevant tax” means any tax mentioned in the Table in paragraph 1; and
“tax period” has the meaning given in paragraph 28(g).
Appointed days
2
The days appointed for the coming into force of Schedule 24 are —
a
1st April 2008 in relation to relevant documents relating to tax periods commencing on or after that date;
b
1st April 2008 in relation to assessments falling within paragraph 2 for tax periods commencing on or after that date;
c
1st July 2008 in relation to relevant documents relating to claims under the Thirteenth Council Directive (arrangements for the refund of value added tax to persons not established in Community territory) for years commencing on or after that date;
d
1st January 2009 in relation to relevant documents relating to claims under the Eighth Council Directive (arrangements for the refund of value added tax to taxable persons not established in the territory of the country) for years commencing on or after that date;
e
1st April 2009 in relation to documents relating to all other claims for repayments of relevant tax made on or after 1st April 2009 which are not related to a tax period; and
f
in any other case, 1st April 2009 in relation to documents given where a person’s liability to pay relevant tax arises on or after that date.
Transitional provision
3
Notwithstanding article 2, no person shall be liable to a penalty under Schedule 24 in respect of any tax period for which a return is required to be made before 1st April 2009.
Saving
4
Notwithstanding paragraph 29(d) (consequential amendments), sections 60 and 61 of the Value Added Tax Act 1994 ( VAT evasion) shall continue to have effect with respect to conduct involving dishonesty which does not relate to an inaccuracy in a document or a failure to notify HMRC of an under-assessment by HMRC.
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Transfer Values) (Amendment) Regulations 2008 and shall come into force on 1st October 2008.
2
In these Regulations, “the principal Regulations ” means the Occupational Pension Schemes (Transfer Values) Regulations 1996 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation) —
a
in the appropriate alphabetical places, insert —
“actuary” means —
the actuary mentioned in section 47(1)(b) of the 1995 Act (professional advisers); or
in relation to a scheme to which that section does not apply —
a Fellow of the Faculty of Actuaries ;
a Fellow of the Institute of Actuaries ; or
a person with other actuarial qualifications who is approved, at the request of the trustees of the scheme in question, by the Secretary of State as being a proper person to act for the purposes of these Regulations in connection with that scheme;
;
“discount rates” means the interest rates used to discount future payments of benefit for the purposes of placing a current value on them;
;
“initial cash equivalent” means the amount calculated in accordance with regulation 7(1)(a);
;
“insufficiency report” means the actuary’s last relevant report before the guarantee date prepared in accordance with Schedule 1B (insufficiency reports);
;
“insufficiency report liabilities” has the meaning given in paragraph 7 of Schedule 1B;
;
“insurance policy” means an insurance policy which is a contract on human life or a contract of annuity on human life, but excluding a contract which is linked to investment funds;
;
“salary related benefits” means benefits that are not money purchase benefits;
;
“statement of entitlement” has the meaning given in section 93A(1) of the 1993 Act (salary related schemes: right to statement of entitlement);
;
b
for the definition of “effective date”, substitute —
“effective date” means the date as at which the assets and liabilities are valued for the purposes of the insufficiency report;
;
c
for the definition of “member”, substitute —
“member” has the meaning given in section 124(1) of the 1995 Act (interpretation);
; and
d
omit the definitions of “the Board for Actuarial Standards” and “scheme actuary”.
Substitution of regulation 6(1) of the principal Regulations
3
For regulation 6(1) of the principal Regulations (guaranteed statements of entitlement), substitute —
1
Subject to paragraph (1A), the guarantee date in relation to a statement of entitlement must be —
a
within the period of three months beginning with the date of the member’s application under section 93A of the 1993 Act (salary related schemes: right to statement of entitlement) for a statement of entitlement; or
b
where the trustees are unable to provide a statement of entitlement for reasons beyond their control within the period specified in sub-paragraph (a), within such longer period not exceeding six months beginning with the date of the member’s application as they may reasonably require.
.
Substitution of regulations 7 and 8 of the principal Regulations
4
For regulations 7 and 8 of the principal Regulations , substitute —
Manner of calculation and verification of cash equivalents - general provisions
7
1
Subject to paragraphs (4) and (7), cash equivalents are to be calculated and verified —
a
by calculating the initial cash equivalent —
i
for salary related benefits, in accordance with regulations 7A and 7B; or
ii
for money purchase benefits, in accordance with regulation 7C,
and then making any reductions in accordance with regulation 7D; or
b
in accordance with regulation 7E.
2
The trustees must decide whether to calculate and verify the cash equivalent in accordance with paragraph (1)(a) or (b), but they can only choose paragraph (1)(b) if they have had regard to any requirement for consent to paying a cash equivalent which is higher than the amount calculated and verified in accordance with paragraph (1)(a).
3
The trustees are responsible for the calculation and verification of cash equivalents and initial cash equivalents.
4
Where a member, in relation to whom a cash equivalent is to be calculated and verified, is a member of a scheme modified by —
a
the British Coal Staff Superannuation Scheme (Modification) Regulations 1994 ; or
b
the Mineworkers’ Pension Scheme (Modification) Regulations 1994 ,
the cash equivalent of his bonus is to be calculated and verified by the trustees, having obtained the advice of the actuary, to reflect the fact that a reduced bonus, or no bonus, may become payable in accordance with the provisions governing the scheme in question.
5
For the purposes of paragraph (4) “bonus” means any —
a
augmentation of his benefits; or
b
new, additional or alternative benefits,
which the trustees of the scheme in question have applied to the member’s benefits, or granted to him in accordance with the provisions governing that scheme, on the basis of findings as to that scheme’s funding position.
6
Paragraph (7) applies where the cash equivalent is calculated and verified in accordance with paragraph (1)(a).
7
Where a portion of the cash equivalent relates to a salary related benefit and a portion relates to a money purchase benefit, the initial cash equivalent is to be calculated —
a
for the salary related benefit portion, in accordance with regulations 7A and 7B; and
b
for the money purchase benefit portion, in accordance with regulation 7C.
Manner of calculation of initial cash equivalents for salary related benefits
7A
1
For salary related benefits, the initial cash equivalent is to be calculated —
a
on an actuarial basis; and
b
in accordance with paragraph (2) and regulation 7B.
2
The initial cash equivalent is the amount at the guarantee date which is required to make provision within the scheme for a member’s accrued benefits, options and discretionary benefits.
3
For the purposes of paragraph (2), the trustees must determine the extent —
a
of any options the member has which would increase the value of his benefits under the scheme;
b
of any adjustments they decide to make to reflect the proportion of members likely to exercise those options; and
c
to which any discretionary benefits should be taken into account, having regard to any established custom for awarding them and any requirement for consent before they are awarded.
Initial cash equivalents for salary related benefits: assumptions
7B
1
The trustees must use the assumptions determined under this regulation in calculating the initial cash equivalent for salary related benefits.
2
Having taken the advice of the actuary, the trustees must determine the economic, financial and demographic assumptions.
3
In determining the demographic assumptions, the trustees must have regard to —
a
the main characteristics of the members of the scheme; or
b
where the members of the scheme do not form a large enough group to allow demographic assumptions to be made, the characteristics of a wider population sharing similar characteristics to the members.
4
The trustees must have regard to the scheme’s investment strategy when deciding what assumptions will be included in calculating the discount rates in respect of the member.
5
The trustees must determine the assumptions under this regulation with the aim that, taken as a whole, they should lead to the best estimate of the initial cash equivalent.
Manner of calculation of initial cash equivalents for money purchase benefits
7C
1
For money purchase benefits, the initial cash equivalent is to be calculated in accordance with this regulation.
2
The initial cash equivalent is the realisable value of any benefits to which the member is entitled.
3
The trustees must calculate that realisable value —
a
in accordance with the scheme rules; and
b
in a manner which is —
i
approved by the trustees; and
ii
consistent with Chapter IV of Part IV of the 1993 Act.
4
The realisable value must include any increases to the benefits resulting from a payment of interest made in accordance with the scheme rules.
Reductions to initial cash equivalents
7D
1
An initial cash equivalent may, or as the case may be must, be reduced in accordance with Schedule 1A (reductions in initial cash equivalents).
2
The trustees may request an insufficiency report from the actuary in accordance with Schedule 1B.
3
The trustees may treat the actuary’s last relevant GN11 report as an insufficiency report.
Alternative manner of calculating and verifying cash equivalents
7E
1
This regulation applies where the trustees have decided to calculate and verify the cash equivalent in accordance with regulation 7(1)(b).
2
The cash equivalent is to be calculated and verified in such manner as may be approved by the trustees.
3
The cash equivalent must be higher than it would be if it was calculated and verified in accordance with regulation 7(1)(a).
4
For the purposes of calculating and verifying the cash equivalent, the trustees may request an insufficiency report from the actuary in accordance with Schedule 1B.
5
The trustees may treat the actuary’s last relevant GN11 report as an insufficiency report.
.
Amendment of regulation 11 of the principal Regulations
5
Regulation 11 of the principal Regulations (disclosure) is amended as follows —
a
for paragraph (1), substitute —
1
Subject to paragraphs (1A) and (1B), an active member of any scheme, and a deferred member of a money purchase scheme, is entitled to receive from the trustees, on request, the information mentioned in Schedule 1 in writing.
1A
Paragraph (1) does not apply where the request is made within 12 months of the last occasion that such information was provided to the member.
1B
Information provided under paragraph (1) is to be provided by the trustees as soon as reasonably practicable, and in any event within three months after the date that the member makes the request.
;
b
omit paragraph (2);
c
in paragraph (3) for “paragraphs (1) and (2)”, substitute “paragraph (1)”;
d
in paragraph (4)(b)(ii) —
i
for “regulation 8” in both places where it appears, substitute “Schedule 1A”; and
ii
before “cash equivalent” in the first place where it appears, insert “initial”;
e
omit paragraphs (4)(b)(i) and (4)(b)(vi)(cc);
f
at the end of paragraph (4)(b)(vi)(aa), insert “and”; and
g
after paragraph (4)(b), insert —
c
the information mentioned in paragraph 3 of Schedule 1.
.
Amendment of regulation 12 of the principal Regulations
6
Regulation 12 of the principal Regulations (requirements to be met by receiving schemes, annuities and arrangements) is amended as follows —
a
in paragraph (2)(a), for “a policy of insurance” substitute “an insurance policy”; and
b
in paragraph (5)(c), for “or” substitute “,”.
Amendment of Schedule 1 to the principal Regulations
7
Schedule 1 to the principal Regulations (information to be made available to members), is amended as follows —
a
in paragraph 1 —
i
for sub-paragraph (a), substitute —
a
an estimate of its amount, calculated and verified in accordance with regulations 7 to 7E on the basis that the member’s pensionable service terminated or will terminate on a particular date;
;
ii
at the end of sub-paragraph (c), insert “and”;
iii
omit sub-paragraph (d); and
iv
in sub-paragraph (e) —
aa
for “has been reduced by reference to regulation 8”, substitute “included a reduction of the initial cash equivalent under Schedule 1A”; and
bb
for paragraph (i), substitute —
i
a statement of that fact, a statement of the amount by which the initial cash equivalent has been reduced and an explanation of the reason for the reduction, which must refer to the paragraph of Schedule 1A relied upon,
; and
b
after paragraph 2, insert —
3
Where information is made available under paragraph 1 or 2 to a member of a salary related scheme, the information to be made available to such a member also includes —
a
a statement that the Financial Services Authority , the Regulatory Authority and the Pensions Advisory Service provide information about transfers that may assist the member in deciding whether to transfer;
b
if the scheme is an eligible scheme as defined in section 126 of the 2004 Act (eligible schemes), confirmation that the scheme is so eligible and that the Board of the Pension Protection Fund exists;
c
a recommendation that the member should take financial advice before making decisions about transfers.
.
Schedules
8
The Schedules to these Regulations have effect (Schedule 1 inserts Schedules 1A and 1B into the principal Regulations and Schedule 2 makes consequential amendments).
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
3rd April 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Disability Discrimination (Public Authorities) (Statutory Duties) (Amendment) Regulations 2008 and shall come into force on 6th April 2008.
2
In these Regulations, “the 2005 Regulations ” means the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 .
Disability Equality Schemes
2
Regulation 2 of the 2005 Regulations (preparation and publication of a Disability Equality Scheme) is amended as follows —
a
in paragraph (3)(d)(iii), for “Part I or V of Schedule 1” substitute “Part I, V or VI of Schedule 1”;
b
in paragraph (6), at the beginning insert “Subject to paragraphs (7) to (9),”;
c
after paragraph (6)(d) add —
e
in the case of a public authority listed in Part VI of Schedule 1, 1st December 2008.
;
d
after paragraph (6) add the following —
7
In the case of a public authority listed in Parts I or II of Schedule 1 which was established on or after 4th December 2006 and before 3rd December 2007, the relevant publication date is 1st December 2008.
8
In the case of a public authority listed in Parts I or II of Schedule 1 which is established on or after 3rd December 2007, the relevant publication date is the date falling twelve months after its establishment.
9
In the case of a public authority listed in Parts III to V of Schedule 1 which is established on or after the relevant publication date which would have applied to it had the public authority been established before that date, the relevant publication date is the date falling twelve months after the establishment of the public authority.
Amendments to the list of public authorities in the 2005 Regulations
3
1
In Part 1 of Schedule 1 to the 2005 Regulations —
a
omit “The British Tourist Authority”, and at the appropriate place insert, “Visit Britain”;
b
omit “The Central Police Training and Development Authority ( CENTREX )”, and at the appropriate place insert, “The National Policing Improvement Agency”;
c
omit “The Particle Physics and Astronomy Research Council” and “The Council for the Central Laboratory of the Research Councils”, and at the appropriate place insert, “The Science and Technology Facilities Council”;
d
omit the entry for the Adult Learning Inspectorate.
2
In Part V of Schedule 1 to the 2005 Regulations, in the entry in respect of the Children’s Commissioner for England, after “England” insert “and 11 MILLION”.
Addition of further public authorities to the 2005 Regulations
4
After Part V of Schedule 1 to the 2005 Regulations insert the following new Part —
PART VI (authorities added on 6th April 2008)
Amgueddfa Genedlaethol Cymru (The National Museum of Wales) The Appointments Commission The Bank of England The Civil Aviation Authority The Commission for Architecture and the Built Environment ( CABE ) The Community Development Foundation The Competition Commission The Consumer Council for Water The Council for Licensed Conveyancers The Criminal Cases Review Commission Cyngor Gofal Cymru (The Care Council for Wales) The Design Council The Engineering Construction Industry Training Board ( ECITB ) The General Osteopathic Council The Independent Living Funds The Institute of Legal Executives Investors in People UK The National Army Museum The National Endowment for Science, Technology and the Arts ( NESTA ) The Nuclear Decommissioning Authority The Office of the Immigration Services Commissioner The Parole Board Partnerships for Schools The Personal Accounts Delivery Authority The Royal Air Force Museum Royal Botanic Gardens, Kew The United Kingdom Atomic Energy Authority The Valuation Tribunal Service.
Signed by authority of the Secretary of State for Work and Pensions.
Anne C McGuire
Parliamentary Under-Secretary of State,
Department for Work and Pensions
5th March 2008