text:
Citation and commencement
1
These Regulations may be cited as the Rail Vehicle Accessibility (Interoperable Rail System) Regulations 2008 and come into force on the fifth day after the day on which they are made, or the 1st July 2008, whichever is later.
Amendments to the Rail Vehicle Accessibility Regulations 1998
2
1
The Rail Vehicle Accessibility Regulations 1998 are amended as follows.
2
In regulation 2(1)(interpretation), after the definition of “contrast” insert —
“conventional TEN rail system” has the meaning given in regulation 2(3) of the Railways (Interoperability) Regulations 2006 ;
“high-speed rail system” has the meaning given in regulation 2(3) of the Railways (Interoperability) Regulations 2006;
.
3
In regulation 3 (application of regulations) —
a
at the beginning of paragraph (1), insert “Subject to paragraph (3),”; and
b
after paragraph (2) insert —
3
These Regulations do not apply to rail vehicles used in the provision of a service for the carriage of passengers on —
a
the high-speed rail system; or
b
the conventional TEN rail system.
.
Amendments to the Disability Discrimination Act 2005
3
1
Section 6 of the Disability Discrimination Act 2005 (rail vehicles: application of accessibility regulations) is amended as follows.
2
For subsection (2) substitute —
2
In subsection (6) of that section —
a
before the first definition there is inserted —
“conventional TEN rail system” has the meaning given in regulation 2(3) of the Railways (Interoperability) Regulations 2006;
“high-speed rail system” has the meaning given in regulation 2(3) of the Railways (Interoperability) Regulations 2006;
; and
b
for the definition of “rail vehicle” there is substituted —
“rail vehicle” means a vehicle constructed or adapted to carry passengers on any railway, tramway or prescribed system other than a vehicle used in the provision of a service for the carriage of passengers on the high-speed rail system or the conventional TEN rail system;
.
.
Amendments to the Railways (Interoperability) Regulations 2006
4
1
The Railways (Interoperability) Regulations 2006 are amended as follows.
2
In regulation 2(3) (interpretation), at the end of the definition of “project subsystem” insert —
but where —
that subsystem is rolling stock; and
the project is for the upgrade or renewal of it,
“project subsystem” means the part of it upgraded or renewed;
.
3
In regulation 3 (application) —
a
in paragraph (2), after “These Regulations” insert “, apart from regulation 4B,”; and
b
for paragraph (3) substitute —
3
Notwithstanding paragraph (2) —
a
the placing in service of a structural subsystem on the high-speed rail system or the conventional TEN rail system before 1st August 2006 shall not affect the application of these Regulations to that subsystem for any upgrading or renewal where having been upgraded or renewed that subsystem is placed in service on the high-speed rail system or the conventional TEN rail system on or after 1st August 2006; and
b
these Regulations apply to rolling stock to which regulation 4A (2) applies.
.
4
In regulation 4 (requirement for authorisation) —
a
in paragraph (6), in the words before sub-paragraph (a), for “project” substitute “structural”;
b
in paragraph (7)(a), for “project” substitute “structural”; and
c
after paragraph (9) insert —
9A
In paragraphs (8) and (9) —
a
“authorisation” includes authorisation deemed to be given by operation of regulation 4A(2)(a); and
b
in such a case, the date referred to in paragraph (9)(b)(i) is deemed to be the date that the original item of rolling stock referred to in paragraph (8) was placed in service.
.
5
After regulation 4 insert —
Deemed authorisation
4A
1
Subject to paragraphs (4) and (5), paragraph (2) applies to a unit of rolling stock which —
a
is constructed or adapted to transport passengers; and
b
was first brought into use after 31st December 1998 and before 1st August 2006; and
c
is used in the provision of a service for the carriage of passengers on the high-speed rail system or the conventional TEN rail system.
2
A unit of rolling stock to which this paragraph applies is deemed —
a
to have been authorised under regulation 4 to be placed in service on both the high-speed rail system and the conventional TEN rail system; and
b
to have been assessed against the Rail Vehicle Accessibility Regulations 1998, as notified national technical rules, for that authorisation.
3
In its application to Northern Ireland the reference in paragraph (2) (b) to the Rail Vehicle Accessibility Regulations 1998 shall have effect as a reference to the Rail Vehicle Accessibility Regulations (Northern Ireland) 2001 .
4
Paragraph (2) does not apply to a unit of rolling stock to the extent that immediately before its coming into force the unit —
a
was authorised under regulation 4; and
b
had been assessed against the Rail Vehicle Accessibility Regulations 1998, or the Rail Vehicle Accessibility Regulations (Northern Ireland) 2001, for that authorisation.
5
Paragraph (2) does not apply to a unit of rolling stock which belongs to a class of rolling stock first brought into use on or before 31st December 1998.
6
Notwithstanding paragraph (2) —
a
regulation 4B applies to any unit of rolling stock to which paragraph (2) applies; and
b
regulation 4(1) applies to any such rolling stock for any upgrading or renewal.
Accessibility for people with reduced mobility
4B
No person shall use rolling stock in the provision of a service for the carriage of passengers on the high-speed rail system or the conventional TEN rail system on or after 1st January 2020 unless it has been constructed, renewed, upgraded or modified to comply with the technical standards, and is operated to comply with the operational standards, required by —
a
the TSI relating to persons with reduced mobility set out in the Annex to Decision 2008/164/ EC of the European Commission of 21st December 2007 , or any amended version of it, or any TSI which replaces it; or
b
the Rail Vehicle Accessibility Regulations 1998; or
c
the Rail Vehicle Accessibility Regulations (Northern Ireland) 2001; or
d
the TSI, or amended version of it or TSI replacing it, referred to in paragraph (a) except to the extent that —
i
the rolling stock or its operation complies with the technical or operational standards required by the Regulations referred to in paragraphs (b) or (c), and
ii
a derogation from part of it has been granted pursuant to regulation 6, and
iii
a determination that part of it does not apply has been made under regulation 5(8).
.
6
In regulation 5 (8) (renewal or upgrading of subsystems), in the words before sub-paragraph (a), omit “and the project subsystem is part of the conventional TEN rail system”.
7
In regulation 11 (technical file), after paragraph (6) insert —
7
The duties of a contracting entity, or an owner of a project subsystem, under paragraphs (2) and (4) to (6) do not arise by virtue of an authorisation being deemed to be given under regulation 4 by operation of regulation 4A(2)(a).
.
8
In regulation 12 (duty on operator to ensure essential requirements are met) —
a
at the beginning of paragraph (2), insert “Subject to paragraphs (3) and (4),”; and
b
after paragraph (2) insert —
3
Where —
a
the notified national technical rules against which a project subsystem was assessed for authorisation were the Rail Vehicle Accessibility Regulations 1998; and
b
an exemption order has been made under section 47 of the Disability Discrimination Act 1995 in relation to that project subsystem;
the duty in paragraph (2) (b) to ensure that the project subsystem is operated and maintained in conformity with those Regulations is a duty to do so save to the extent the order exempted it from those Regulations, notwithstanding any provision in the order for the expiry of such exemption.
4
Paragraph 2(a) does not apply to rolling stock by virtue of an authorisation being deemed to be given under regulation 4 by operation of regulation 4A(2)(a).
5
Paragraph (2) is without prejudice to regulation 4B.
6
In this regulation —
a
“project subsystem” includes a unit of rolling stock deemed to be authorised under regulation 4 by operation of regulation 4A(2)(a); and
b
the reference in paragraph (3) (a) to the Rail Vehicle Accessibility Regulations 1998 shall, in its application to Northern Ireland, have effect as a reference to the Rail Vehicle Accessibility Regulations (Northern Ireland) 2001.
.
9
In regulation 33 (national vehicle register), after paragraph (1) insert —
1A
This regulation does not apply to rolling stock by virtue of an authorisation being deemed to be given under regulation 4 by operation of regulation 4A(2)(a).
.
Signed by authority of the Secretary of State for Transport
Tom Harris
Parliamentary Under Secretary of State
Department for Transport
2nd July 2008


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Greater London Authority Elections (Election Addresses) (Amendment) Order 2008 and shall come into force on the day after it is made.
Interpretation
2
In the following provisions of this Order any reference to an article by number alone is a reference to the article bearing that number in the Greater London Authority Elections (Election Addresses) Order 2003 .
Anonymous electors
3
Article 2 is re-numbered article 2(1), and for paragraph (ii) of the definition of “elector” in that article, substitute —
ii
includes a person then shown in any such register (or, in the case of a person who has an anonymous entry in any such register, in the record of anonymous entries for that electoral area) as below voting age if (but only if) it appears from the register (or from the record) that he will be of voting age on the day fixed for the poll.
.
4
After article 2(1) insert —
2
In paragraph (ii) of the definition of “elector” in article 2, “anonymous entry” and “record of anonymous entries” have the meaning given in section 202(1) of the 1983 Act.
.
Use of joint descriptions
5
After article 5(3) insert —
3A
Where an election address is prepared on behalf of an authorised party candidate, the address may contain a description registered under section 28A or, if the description is registered for use by candidates of two or more parties, under section 28B of the PPER Act.
.
6
In article 5(4) —
a
for “paragraph (3) above” substitute “paragraphs (3) and (3A)”;
b
after “emblem” insert “or description”;
c
in subparagraph (a), after “party” insert “where the description is registered under section 28A of the PPER Act, or of each of the parties where the description is registered under section 28B of that Act”.
Miscellaneous amendments
7
In article 7(1)(b), for “by such date as he may determine” substitute “by the last time for the delivery of nomination papers for the election”.
8
In article 8(1), after “ GLRO ” insert “, as soon as reasonably practicable after the last time for the delivery of nomination papers for the election”.
9
For article 9(3)(b), substitute —
b
making printed copies, or copies of the booklet in any electronic format, available to anyone who makes a request to the GLRO for such copies;
.
Signed by authority of the Secretary of State
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
25th February 2008


text:
Citation and commencement
1
These Rules may be cited as the Gangmasters (Licensing Conditions) (No.2) (Amendment) Rules 2008; they come into force on 6th April 2008.
Amendments
2
1
The Gangmasters (Licensing Conditions) (No.2) Rules 2006 are amended as follows.
2
In rule 7 —
a
for paragraph 3, substitute —
3
The application fee is based on the turnover of the business in the sector that is regulated by the 2004 Act for the previous financial year, or the expected turnover for the forthcoming financial year if the business has not previously traded in that sector, as placed in band A, B, C or D in the table.
;
b
omit paragraph (4);
c
for the table, substitute —
Licence fees payable
Annual turnover of business Fee band Application fee Renewal fee
£10 million or more A £12,900 £10,000 From £5 million to less than £10 million B £7,400 £5,000 From £1 million to less than £5 million C £4,050 £1,900 Less than £1 million D £2,250 £400
.
3
In rule 8 —
a
in paragraph (1), omit “, and pay for,”;
b
omit paragraphs (2) and (3) and the table.
Revocation
3
The Gangmasters (Licensing Conditions) (No.2) (Amendment) Rules 2007 are revoked.
Paul Whitehouse
Chairman
Gangmasters Licensing Authority
6th March 2008


text:
Citation
1
This Order may be cited as the Finance Act 2007, Section 50 (Appointed Day) Order 2008.
Appointed day
2
The day appointed for the purposes of section 50 of the Finance Act 2007 (research and development tax relief: definition of SME etc ) is 1st August 2008.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
16th July 2008


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration (Biometric Registration) (Pilot) Regulations 2008 and come into force on the day after the day on which they are made.
2
In these Regulations —
“dependant” means a spouse or civil partner, or a child under the age of 18;
“immigration rules” means rules made under section 3(2) of the Immigration Act 1971 ;
“public enquiry office” means the office of the Home Office in Croydon where a person can make an application in person for leave to remain.
Requirement to apply for a biometric immigration document
3
1
A person subject to immigration control must apply for the issue of a biometric immigration document where he satisfies —
a
one of the conditions in paragraph (2);
b
one of the conditions in paragraph (3); and
c
the condition in paragraph (4).
2
The conditions are that the person makes an application for limited leave to remain in accordance with the immigration rules —
a
under one of the categories specified in regulation 4; or
b
as a dependant of a person who is applying at the same time for limited leave to remain under one of those categories.
3
The conditions are that the person makes the application for limited leave to remain —
a
by post, provided his place of residence in the United Kingdom is in an area which has one of the postcodes specified in the Schedule; or
b
at the public enquiry office.
4
The condition is that the person makes the application for limited leave to remain within the period, or on or after the date, as appropriate, specified in regulation 5.
Specified categories
4
The specified categories under the immigration rules are —
a
as a student;
b
as a student nurse;
c
to re-sit an examination;
d
to write up a thesis;
e
as a prospective student;
f
as a sabbatical officer;
g
as the spouse or civil partner of a person present and settled in the United Kingdom; or
h
as the unmarried or same-sex partner of a person present and settled in the United Kingdom.
Dates when a person makes an application for limited leave to remain
5
1
Where the person applies for leave by post, the specified period is —
a
16 th June 2008 to 25 th July 2008 for a person —
i
who is under the age of 18;
ii
who applies for leave at the same time as a dependant of his applies for leave as his dependant; or
iii
who applies for leave as a dependant.
b
28 th April 2008 to 25 th July 2008 for any other person.
2
Where a person applies for leave at the public enquiry office, the specified date is —
a
16 th June 2008 for a person —
i
who is under the age of 18;
ii
who applies for leave at the same time as a dependant of his applies for leave as his dependant; or
iii
who applies for leave as a dependant.
b
28 th April 2008 for any other person.
Power for an authorised person to require a person to provide biometric information
6
1
Subject to regulation 8, where a person makes an application for the issue of a biometric immigration document in accordance with regulation 3, an authorised person may require him to provide a record of his fingerprints and a photograph of his face.
2
Where an authorised person requires a person to provide biometric information in accordance with paragraph (1) the person must provide it.
Power for the Secretary of State to use and retain existing biometric information
7
1
This regulation applies where —
a
a person makes an application for the issue of a biometric immigration document in accordance with regulation 3; and
b
the Secretary of State already has a record of the person’s fingerprints or a photograph of the person’s face in his possession (for whatever reason).
2
Where this regulation applies the Secretary of State may use or retain that information for the purposes of these Regulations.
Provision in relation to persons under the age of sixteen
8
1
A person under the age of sixteen (“the child”) must not be required to provide a record of his fingerprints or a photograph of his face in accordance with regulation 6 except where the authorised person is satisfied that the fingerprints or the photograph will be taken in the presence of a person aged eighteen or over who is —
a
the child’s parent or guardian; or
b
a person who for the time being takes responsibility for the child.
2
The person mentioned in paragraph (1)(b) may not be —
a
an officer of the Secretary of State who is not an authorised person;
b
an authorised person; or
c
any other person acting on behalf of an authorised person under regulation 9(3).
3
This regulation does not apply if the authorised person reasonably believes that the person who is to be fingerprinted or photographed is aged sixteen or over.
Process by which the person’s fingerprints and photograph may be obtained and recorded
9
1
An authorised person who requires a person to provide a record of his fingerprints or a photograph of his face under regulation 6 may require the person to submit to any process, or any combination of processes, specified in paragraph (2).
2
An authorised person may —
a
require a person to make an appointment before a specified date, which the person must attend, to enable a record of his fingerprints or a photograph of his face to be taken;
b
specify the date, time and place for the appointment; and
c
specify any documents which the person must bring to the appointment, or action which the person must take, to confirm his appointment and his identity.
3
An authorised person may nominate a person to take fingerprints or a photograph on behalf of an authorised person.
4
An authorised person may require a record of fingerprints or photograph to be of a particular specification.
5
Where an authorised person requires a person to submit to any process, or any combination of processes, in accordance with paragraph (1) the person must submit.
Use and retention of biometric information
10
Subject to regulations 11 and 12, the Secretary of State may use a record of a person’s fingerprints or a photograph of a person’s face provided in accordance with these Regulations —
a
in connection with the exercise of a function by virtue of the Immigration Acts;
b
in connection with the control of the United Kingdom’s borders;
c
in connection with the exercise of a function related to nationality;
d
in connection with the prevention, investigation or prosecution of an offence;
e
for a purpose which appears to the Secretary of State to be required in order to protect national security;
f
in connection with identifying victims of an event or situation which has caused loss of human life or human illness or injury;
g
for the purpose of ascertaining whether any person has failed to comply with the law or has sought to gain a benefit, service or other entitlement to which he is not by law entitled.
11
Subject to regulation 12, any record of fingerprints, photograph, copy of fingerprints or copy of a photograph held by the Secretary of State pursuant to these Regulations must be destroyed if the Secretary of State thinks it is no longer likely to be of use in accordance with regulation 10.
12
If a person proves that he is —
a
a British citizen; or
b
a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971 (statement of right of abode in the United Kingdom) ,
any record of fingerprints, photograph, copy of fingerprints or copy of a photograph held by the Secretary of State pursuant to these Regulations must be destroyed as soon as reasonably practicable.
13
1
The Secretary of State must take all reasonably practicable steps to secure —
a
that data held in electronic form which relate to any record of fingerprints or photograph which has to be destroyed in accordance with regulation 11 or 12 are destroyed or erased; or
b
that access to such data is blocked.
2
The person to whom the data relate is entitled, on written request, to a certificate issued by the Secretary of State to the effect that he has taken the steps required by paragraph (1).
3
A certificate issued under paragraph (2) must be issued within three months of the date on which the request was received by the Secretary of State.
Issue of a biometric immigration document
14
1
The Secretary of State may issue a biometric immigration document to a person who has applied in accordance with regulation 3, provided the Secretary of State has decided to grant limited leave to remain to the person.
2
A biometric immigration document begins to have effect on the date of issue.
3
A biometric immigration document ceases to have effect on the date that the person’s leave to remain ceases to have effect, including where the leave to remain is varied, cancelled or invalidated, or is to lapse.
Content of a biometric immigration document
15
A biometric immigration document may contain the following information —
a
the title of the document;
b
the document number;
c
the name of the holder;
d
the holder’s date of birth;
e
the holder’s nationality;
f
the sex of the holder;
g
the period of leave to remain which the person is granted;
h
the class of leave to remain which the person is granted;
i
any conditions to which the limited leave to remain is subject or remarks relating to those conditions;
j
the place and date of issue of the document;
k
the holder’s facial image;
l
a machine readable code;
m
a hologram;
n
an emblem of the United Kingdom and the words “United Kingdom”;
o
any additional security features.
Surrender of a biometric immigration document
16
The Secretary of State may require the surrender of a biometric immigration document if he thinks that —
a
information provided in connection with the document was or has become false, misleading or incomplete;
b
the document (including any information recorded in it) has been altered, damaged or destroyed (whether deliberately or not);
c
an attempt has been made (whether successfully or not) to copy the document or to do anything to enable it to be copied;
d
the document should be re-issued (whether because the information recorded in it requires alteration or for any other reason);
e
the holder’s leave to remain in the United Kingdom is to be varied, cancelled, invalidated or to lapse; or
f
the document has ceased to have effect under regulation 14(3) or has been cancelled under regulation 17.
Cancellation of a biometric immigration document
17
The Secretary of State may cancel a biometric immigration document if he thinks that —
a
information provided in connection with the document was or has become false, misleading or incomplete;
b
the document has been lost or stolen;
c
the document (including any information recorded in it) has been altered, damaged or destroyed (whether deliberately or not);
d
an attempt has been made (whether successfully or not) to copy the document or to do anything to enable it to be copied;
e
a person has failed to surrender the document when required to do so under regulation 16(a) to (e);
f
the document should be re-issued (whether because the information recorded in it requires alteration or for any other reason); or
g
the holder has died.
Consequences of a failure to comply with a requirement of these Regulations
18
Where a person who is required to make an application for the issue of a biometric immigration document in accordance with regulation 3 fails to comply with a requirement of these Regulations, the Secretary of State may do any, or any combination of, the following —
a
refuse an application for a biometric immigration document;
b
disregard the person’s application for leave to remain; or
c
refuse the person’s application for leave to remain.
Meg Hillier
Parliamentary Under Secretary of State
Home Office
25th April 2008


text:
Citation, commencement, application and interpretation
1
These Regulations may be cited as the Education (Student Loans) (Amendment) (England and Wales) Regulations 2008 and come into force on 1st August 2008.
2
These Regulations do not apply in or as regards Scotland .
3
In these Regulations “the Principal Regulations ” means the Education (Student Loans) Regulations 1998 .
Revocation
4
Regulation 9 of the Education (Student Loans) (Amendment) (England and Wales) Regulations 2007 is revoked.
Amendment of the Principal Regulations
5
The Principal Regulations are amended in accordance with these Regulations.
6
1
Regulation 3 is amended as follows.
2
For the definition of “2005 loan” substitute —
“2005 loan” means a loan the maximum amount of which is the maximum amount that would have been payable under these Regulations had they not been amended by the Education (Student Loans) (Amendment) (England and Wales) Regulations 2006, the Education (Student Loans) (Amendment) (England and Wales) Regulations 2007 and the Education (Student Loans) (Amendment) (England and Wales) Regulations 2008;
.
3
For the definition of “2006 loan” substitute —
“2006 loan” means a loan the maximum amount of which is the maximum amount that would have been payable under these Regulations had they not been amended by the Education (Student Loans) (Amendment) (England and Wales) Regulations 2007 and the Education (Student Loans) (Amendment) (England and Wales) Regulations 2008;
.
4
For the definition of “old loan” substitute —
“old loan” means a loan the maximum amount of which is the maximum amount that would have been payable under these Regulations had they not been amended by the Education (Student Loans) (Amendment) (England and Wales) Regulations 2005, the Education (Student Loans) (Amendment) (England and Wales) Regulations 2006, the Education (Student Loans) (Amendment) (England and Wales) Regulations 2007 and the Education (Student Loans) (Amendment) (England and Wales) Regulations 2008;
.
7
1
Regulation 6 is amended as follows.
2
In paragraphs (1) to (4), for each of the figures in the first column, wherever it appears, substitute the corresponding figure in the second column below —
First column (£) Second column (£)
1,215 1,245 1,940 1,990 1,655 1,695 2,665 2,730 1,575 1,615 2,155 2,210
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
9th June 2008


text:
Citation
1
This Order may be cited as the Tax Credits Act 2002 (Transitional Provisions) Order 2008.
Deemed claims for tax credits
2
1
A claim shall be deemed to be made under section 3(1) of the Tax Credits Act 2002 where —
a
Her Majesty’s Revenue and Customs receive a claim for tax credits from the Department for Work and Pensions;
b
the claim is in respect of a person whose entitlement to income support is due to end as a result of the Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 ;
c
the claim complies with regulation 5(2), and contains the information required in regulation 5(3) to (5) of the Tax Credits (Claims and Notifications) Regulations 2002 ;
2
The claim shall be deemed to be made by the person in respect of whom it is made.
3
The claim shall be deemed to be made on the date when it is recorded on a computer system of Her Majesty’s Revenue and Customs. This is subject to the effect of Article 3(3).
Amendments to the Tax Credits Act 2002 (Commencement No. 4, Transitional Provisions and Savings) Order 2003
3
1
The Tax Credits Act 2002 (Commencement No. 4, Transitional Provisions and Savings) Order 2003 shall be amended as follows:
2
In Article 2(5) for “31 st December 2008” substitute “31 st December 2011”.
3
In Article 5(4) for paragraph (a) substitute —
a
the earlier day falls before 31 st December 2011; and
.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 2008


text:
PART 1 GENERAL
Citation and commencement
1
This Order may be cited as the Bedfordshire (Structural Changes) Order 2008 and shall come into force on the day after that on which it is made.
Interpretation
2
In this Order —
“the 2007 Act ” means the Local Government and Public Involvement in Health Act 2007;
“the 2000 Act ” means the Local Government Act 2000 as it has effect in relation to Bedford Borough Council ;
“the 1972 Act ” means the Local Government Act 1972 ;
“the 2004 Order ” means the County of Bedfordshire (Electoral Changes) Order 2004 ;
“the 2009 election ” means —
in the case of Bedford, the election required by article 13(1) to be held in 2009;
in the case of Central Bedfordshire, the election required by article 25(1) to be held in 2009;
“the 2009 election day ” means the ordinary day of election of councillors in 2009;
“Bedford”, except in the expressions “the Bedford electoral divisions ” and “the non-metropolitan county of Bedford”, means the borough of Bedford;
“the Bedford electoral divisions” means the county electoral divisions of Brickhill, Bromham, Cauldwell, Clapham and Oakley, De Parys, Eastcotts, Goldington, Harpur, Harrold, Kempston, Kempston Rural, Kingsbrook, Newnham, North East Bedfordshire, Putnoe, Queens Park, Wilshamstead and Wootton ;
“the Bedford Implementation Team” means the team formed in accordance with article 11(1);
“Bedfordshire”, except in the expression “Central Bedfordshire”, means the county of Bedfordshire as it exists on the date on which this Order is made;
“Central Bedfordshire” means the district established by article 4(1);
“Central Bedfordshire Council” means the district council established by article 4(3);
“the Central Implementation Team” means the team formed in accordance with article 22(1);
“the County Council ” means Bedfordshire County Council;
“the district councils ” means the councils of the districts of Mid Bedfordshire and South Bedfordshire; and
“the proper officer ”, in relation to any purpose and Bedford Borough Council, the County Council or either of the district councils, means the officer appointed for that purpose by that Council.
PART 2 ESTABLISHMENT OF SINGLE TIER LOCAL GOVERNMENT IN BEDFORD AND CENTRAL BEDFORDSHIRE
Single tier local government in Bedford
3
1
A new non-metropolitan county, to be known as Bedford, shall be constituted comprising the area of the borough of Bedford.
2
In relation to the county of Bedford, section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply.
3
On and after 1st April 2009, Bedford Borough Council shall be the sole principal authority for Bedford.
Single tier local government in Central Bedfordshire
4
1
A new non-metropolitan county and a new non-metropolitan district, each to be known as Central Bedfordshire, shall be constituted comprising (in each case) the areas of the districts of Mid Bedfordshire and South Bedfordshire.
2
In relation to the county of Central Bedfordshire, section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply.
3
A new district council, to be known as the Central Bedfordshire Council, shall be established as the sole principal authority for the non-metropolitan district of Central Bedfordshire.
4
Except for the purposes of Part 6 of this Order (electoral matters: Mid and South Bedfordshire District Councils, the Central Bedfordshire Council and parishes in Bedford and Central Bedfordshire), until 1st April 2009 —
a
the Central Bedfordshire Council shall not be a local authority for the purposes of the 1972 Act or any other enactment relating to local government; and
b
subsection (2) of section 2 of the 1972 Act (constitution of principal councils in England) shall have effect in relation to that Council as if the words from “and the council” to the end of that subsection were omitted.
5
On 1st April 2009 —
a
the Mid Bedfordshire and South Bedfordshire districts shall be abolished as local government areas; and
b
the Mid Bedfordshire and South Bedfordshire councils shall be wound up and dissolved.
County of Bedfordshire, Bedfordshire County Council and councillors of that Council
5
1
On 1st April 2009 —
a
the county of Bedfordshire shall be abolished as a local government area; and
b
the County Council shall be wound up and dissolved.
2
The term of office of persons serving as councillors of the County Council immediately before 1st April 2009 shall end on that date.
3
Nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall authorise the holding of an election to fill a casual vacancy in the office of councillor of the County Council where that vacancy arises after 30th September 2008 and before 1st April 2009.
PART 3 BEDFORD: TRANSITIONAL FUNCTIONS AND THEIR DISCHARGE
Interpretation of Part 3
6
In this Part —
“article 8 functions” has the meaning given by article 7(2)(b);
“the Implementation Executive” means the committee established (whether before or after the coming into force of this Order) for the purposes of article 7(4);
“the main transitional function” has the meaning given by article 7(1); and
“the Mayor” means the person who is for the time being the Mayor of Bedford.
Transitional functions of Bedford Borough Council and establishment of Implementation Executive
7
1
On the coming into force of this Order there shall be added to the functions of Bedford Borough Council the function, which is to be exercisable only during the transitional period ending on 1st April 2009, of preparing for and facilitating the economic, effective, efficient and timely transfer of the county council’s functions, property, rights and liabilities so far as they relate to Bedford or the inhabitants of Bedford (“the main transitional function”).
2
Section 14 of the 2000 Act (discharge of functions: mayor and cabinet executive) shall have effect in relation to Bedford Borough Council and —
a
the main transitional function, and
b
the other transitional functions referred to in article 8 (“the article 8 functions”),
with the modifications specified in paragraph (3).
3
The modifications referred to in paragraph (2) are —
a
in subsection (1), after the words “19 or 20,” insert “or under the Bedfordshire (Structural Changes) Order 2008,”;
b
omit subsection (2); and
c
in subsections (3) to (5), omit “, unless the elected mayor otherwise directs,”.
4
Bedford Borough Council’s executive arrangements shall provide for the discharge of —
a
the main transitional function, and
b
the article 8 functions,
to be the responsibility of a committee of the Council’s executive, to be known as the Implementation Executive.
5
Such statutory provisions as apply to, or in relation to, committees of a local authority’s executive shall apply to, or in relation to, the Implementation Executive subject only to paragraphs (6), (7) and (10) to (12) of this article and article 9(2) to (4); and for this purpose “statutory provisions” includes —
a
any enactment contained in an Act passed after the making of this Order; and
b
any instrument made at any time under an enactment (including an enactment contained in an Act passed after the 2007 Act).
6
The Implementation Executive shall consist of —
a
the Mayor;
b
ten persons nominated by Bedford Borough Council, being persons who are for the time being members of that council; and
c
three persons nominated by the County Council each of whom is for the time being a member of the County Council for one of the Bedford electoral divisions.
7
In making the nominations referred to in paragraph (6)(b) and (c), Bedford Borough Council and the County Council shall, to the extent that it is practicable to do so, secure that at all times there is on the Implementation Executive —
a
one member of the Conservative Party,
b
one person who is not a member of any registered party within the meaning of that term in the Political Parties, Elections and Referendums Act 2000 ,
c
one member of the Labour Party, and
d
one member of the Liberal Democrats.
8
It shall be the duty of Bedford Borough Council and the County Council to co-operate in the establishment of the Implementation Executive.
9
The leader of the Implementation Executive shall be the Mayor; and the Mayor shall preside at all meetings of the Implementation Executive at which he is present.
10
The persons who, immediately before 1st April 2009, are members of the Implementation Executive by virtue of paragraph (6)(c) shall continue as members of the Implementation Executive notwithstanding that they cease on that date to be members of the County Council.
11
The Implementation Executive shall regulate its own proceedings, but a question to be decided by the Executive shall, in the first instance, be decided by the majority of those present and voting at the meeting at which the question is put, each member (including the leader of the Implementation Executive) having one vote.
12
In the case of an equality of votes, the person presiding at the meeting (whether or not the leader of the Implementation Executive) shall have a casting vote, in addition to any other vote the person may have.
Other transitional functions of Implementation Executive
8
1
The other transitional functions referred to in article 7(2)(b), which are to be exercisable only during the transitional period ending on 1st April 2009, are —
a
such executive and non-executive functions of Bedford Borough Council as exist on the date on which this Order is made; and
b
such other functions (including functions exercisable by the County Council, and functions conferred on or after that date on local authorities generally or on particular classes of local authority),
as, by any of the means mentioned in paragraph (2), the Secretary of State specifies as a function or responsibility of the Implementation Executive.
2
The means referred to in paragraph (1) are —
a
this Order,
b
a subsequent order made under section 7 of the 2007 Act by virtue of section 14 of the Interpretation Act 1978 (power to amend) ,
c
an order under section 20 of the 2007 Act (correction of orders), and
d
regulations under section 14 of the 2007 Act (regulations for supplementing orders).
Discharge of functions by Implementation Executive
9
1
The discharge of the main transitional function and the article 8 functions shall be a responsibility of the Implementation Executive, and shall not be a responsibility of the executive of Bedford Borough Council.
2
Section 14(5) of the 2000 Act (which enables a committee of a local authority executive to arrange for the discharge of its functions by an officer of the authority) shall have effect in relation to the Implementation Executive as if —
a
references to functions included references to responsibilities,
b
the words “, unless the elected mayor otherwise directs,” were omitted, and
c
the reference to an officer of the authority included a reference to —
i
a sub-committee of the Implementation Executive, and
ii
an officer of the County Council.
3
Section 14(6) of the 2000 Act (which enables a person who has made arrangements for the discharge by another person of any function of his, to discharge that function himself) shall have effect in relation to arrangements made under subsection (5) of that section (as modified by paragraph (2) above) as if —
a
references to functions included references to responsibilities, and
b
the reference to an officer of the authority included a reference to —
i
a sub-committee of the Implementation Executive, and
ii
an officer of the County Council.
4
Section 21 of the 2000 Act (overview and scrutiny committees) shall not apply on or before 31st March 2009 in relation to any matter —
a
that is a responsibility of the Implementation Executive by virtue of paragraph (1), or
b
that is the responsibility of that Executive under arrangements made by Bedford Borough Council under the 2000 Act.
5
Until 1st April 2009, section 13 of the 2000 Act (functions which are the responsibility of an executive) shall have effect as if, at the end of subsection (10)(c), there were added “or as mentioned in article 9(6) of the Bedfordshire (Structural Changes) Order 2008”.
6
Bedford Borough Council and the County Council may discharge jointly under arrangements under section 101(5) of the 1972 Act the functions of —
a
reviewing (but not scrutinising) decisions made, or other action taken, by the Implementation Executive in connection with any matter relevant to the main transitional function or any of the article 8 functions; or
b
preparing reports for, or making recommendations to, the Implementation Executive in connection with any function or responsibility of that Executive.
7
Where such arrangements as are mentioned in paragraph (6) are made, the joint committee shall inform Bedford Borough Council and the County Council at least once in each period of three months beginning with the period ending on 31st March 2008 of —
a
the matters (if any) that it has considered during the period in question, and
b
the conclusions (if any) that it has reached concerning those matters.
8
The Implementation Executive and any sub-committee of that Executive shall be dissolved on the fourth day after the 2009 election day.
9
Any joint committee established as mentioned in paragraph (6) shall be dissolved on 1st April 2009.
Implementation Plan and further provisions relevant to discharge of functions by Implementation Executive
10
1
The Implementation Executive shall prepare, keep under review, and revise as necessary, an Implementation Plan which shall include —
a
such plans and timetables as it considers necessary to secure the effective, efficient and timely discharge of the main transitional function and the article 8 functions; and
b
such budgets and plans as it considers necessary or desirable to facilitate the economic, effective, efficient and timely discharge of Bedford Borough Council’s functions on or after 1st April 2009.
2
For the purposes of —
a
preparing, reviewing and revising the Implementation Plan,
b
discharging the main transitional function and the article 8 functions, and
c
discharging such other functions as may be conferred on it,
the Implementation Executive shall have regard to the information supplied by Bedford Borough Council to the Secretary of State in support of its proposal for single tier local government in Bedford and, in particular, to the information supplied in relation to the matters specified in paragraphs 3.6 to 3.11 (strategic leadership, neighbourhood empowerment and value for money services) of the guidance “Invitations to councils in England”, issued by the Secretary of State in October 2006 .
3
The Implementation Executive may, by written notice to —
a
the proper officer of Bedford Borough Council, or
b
the proper officer of the County Council,
require the Council specified in the notice to take such action relevant to the main transitional function or any of the article 8 functions as may be specified in the notice.
Implementation Team
11
1
Not later than 21 days after the coming into force of this Order the Implementation Executive shall form a team of officers for the purpose of assisting the Executive in the discharge of the main transitional function and the article 8 functions (“the Implementation Team”).
2
The members of the Implementation Team shall include officers from both Bedford Borough Council and the County Council.
3
The leader of the Implementation Team shall be the person who is for the time being the Chief Executive of Bedford Borough Council.
PART 4 ELECTORAL MATTERS: BEDFORD
Cancellation of elections to Bedford Borough Council in 2008, etc
12
1
Notwithstanding section 7(8) and (9) of the 1972 Act (elections of councillors) —
a
elections shall not be held in 2008 for the return of councillors to Bedford Borough Council; and
b
the term of office of all councillors elected to that Council before the 2009 election day shall end on the fourth day after the 2009 election day .
2
Subject to paragraph (3), nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall authorise the holding of an election to fill a casual vacancy in the office of councillor of Bedford Borough Council where that vacancy arises after 30th September 2008 and before 1st April 2009.
3
An election may be held where the vacancy arises as mentioned in section 40(2) of the 2000 Act (vacancy arising where elected mayor was elected a councillor at an earlier election).
Election to Bedford Borough Council in 2009, etc
13
1
A whole council election of councillors of Bedford Borough Council shall be held on the 2009 election day, and on the ordinary day of election of councillors in 2011 and in every fourth year thereafter .
2
Notwithstanding section 7(8) and (9) of the 1972 Act (elections of councillors), the term of office of all councillors elected to Bedford Borough Council at the 2009 election shall be two years .
3
For the purposes of the 2009 election —
a
the wards of Brickhill, Bromham, Castle, Cauldwell, Goldington, Harpur, Kempston South, Kingsbrook, Putnoe and Wootton shall each return two councillors; and
b
the other district wards shall each return one councillor.
4
The proper officer of Bedford Borough Council shall take such steps as are necessary or appropriate to prepare for the 2009 election, including the making of all necessary alterations in the electoral register.
5
All councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
PART 5 CENTRAL BEDFORDSHIRE: SHADOW AUTHORITY, ITS TRANSITIONAL FUNCTIONS AND THEIR DISCHARGE
Interpretation of Part 5
14
In this Part —
“Central electoral division” means an electoral division of Bedfordshire established by article 3 of the 2004 Order that is not one of the Bedford electoral divisions;
“shadow authority” means an authority (not being a local authority) which will become a local authority on 1st April 2009;
“shadow executive” has the meaning given by article 16(1); and
“the shadow period” means the period beginning with the day on which this Order comes into force and ending on the fourth day after the 2009 election day.
Central Bedfordshire Council as shadow authority
15
1
During the shadow period the Central Bedfordshire Council shall be a shadow authority for the purposes of the following provisions of this Part.
2
Subject to paragraph (5), the members of the shadow authority shall be the persons who, on the coming into force of this Order, are —
a
councillors of the County Council for the Central electoral divisions; or
b
councillors of either of the district councils.
3
Those persons shall be members of the shadow authority throughout the shadow period notwithstanding the dissolution of the County Council and the district councils on 1st April 2009.
4
The proper officer of the Mid Bedfordshire District Council shall convene, and make all necessary arrangement for, the first meeting of the shadow authority, which shall be held not later than 14 days after the coming into force of this Order.
5
Where, after the coming into force of this Order and before 30th September 2008, a by-election is held to fill a casual vacancy arising in any Central electoral division or in any ward of either Mid or South Bedfordshire, the person elected at the election shall be a member of the shadow authority.
Duties of shadow authority: executive arrangements, code of conduct and members’ allowances
16
1
At its first meeting the shadow authority shall, in accordance with paragraphs (2) and (3), create a leader and cabinet executive within the meaning of Part 2 of the Local Government Act 2000 (arrangements with respect to executives etc), as originally enacted (“the shadow executive”).
2
Section 11 of the Local Government Act 2000 (local authority executives) shall have effect, for the purposes of paragraph (1), as if subsection (8) were omitted; and the shadow executive shall consist of —
a
the two persons who are for the time being the leaders of the district councils,
b
six other persons, of whom each of the district councils shall nominate three, being persons who are for the time being councillors of the council by which they are nominated, and
c
four persons nominated by the County Council, each of whom is for the time being a member of the County Council for one of the Central electoral divisions.
3
In making nominations for the purpose of paragraph (2), the district councils and the County Council shall, to the extent that it is practicable to do so, secure that at all times the Conservative Party, the Labour Party and the Liberal Democrats are all represented on the shadow executive by at least one member.
4
The leader of the shadow executive shall be the person who is for the time being the leader of Mid Bedfordshire District Council.
5
The deputy leader of the shadow executive shall be the person who is for the time being the leader of South Bedfordshire District Council.
6
It shall be the duty of the district councils and the County Council to co-operate in the establishment of the shadow executive.
7
With the exception of sections 25 (proposals), 26 (proposals not requiring referendum), 27 (referendum in case of proposals involving elected mayor), 28 (approval of outline fall-back proposals) and 29 (operation of, and publicity for, executive arrangements) the provisions of Part 2 of the 2000 Act, to the extent that they relate to a leader and cabinet executive, shall have effect in relation to the shadow authority as if —
a
its executive were a leader and cabinet executive of a district council;
b
the executive arrangements that it makes were executive arrangements of a district council ;
c
section 15 authorised its executive to delegate functions not only to officers of the shadow authority but also to officers of the district councils or the County Council;
d
for the purposes of the application of Part 1 of Schedule 4 to the 2007 Act (new arrangements for executives: transitional provision: old-style leader and cabinet executive), its executive had been operating at the relevant time within the meaning of that Part of that Schedule .
8
Part 3 of the 2000 Act (conduct of local government members and employees) shall apply in relation to the shadow authority as if —
a
it were a district council ;
b
references to co-opted members were omitted; and
c
in section 51 —
i
in subsection (1), for “before the end of the period of six months beginning with the day on which the first order under section 50 which applies to them is made”, there were substituted “at the first meeting of the shadow authority within the meaning of the Bedfordshire (Structural Changes) Order 2008”; and
ii
in subsection (5), “(1) or” were omitted.
9
The shadow authority shall prepare and adopt a scheme for the payment of allowances to its members; and the Local Authorities (Members’ Allowances) (England) Regulations 2003 , other than regulations 6 and 17 and Part 5, shall apply in relation to the shadow authority and its members as they apply in relation to district councils and their members.
Duties of shadow authority: appointment of certain officers, etc
17
1
It shall be the duty of the shadow authority at its first meeting to designate, on an interim basis, an officer of the County Council or of either of the district councils —
a
to be responsible for performing, in relation to the shadow authority, the duties imposed by subsections (2) and (3) of section 5 (designation and reports of monitoring officer) of the Local Government and Housing Act 1989 (“the 1989 Act ”) and subsections (2) and (5) of section 5A of the 1989 Act (reports of monitoring officer – local authorities operating executive arrangements), as applied by paragraph (5) (the “interim monitoring officer”);
b
to be responsible for the administration of the financial affairs of the shadow authority (the “interim chief finance officer”);
c
to be the head of the shadow authority’s paid service and, accordingly, to be responsible for performing, in relation to the shadow authority, the duties imposed by subsections (2), (4) and (5) of section 4 (designation and reports of head of paid service) of the 1989 Act (the “interim head of staff”).
2
The shadow authority may, at any time before 1st April 2009, appoint a person to become, on and after that date —
a
the Central Bedfordshire Council’s monitoring officer,
b
that Council’s chief finance officer,
c
that Council’s head of paid service.
3
If the power conferred by paragraph (2) is not exercised before 1st April 2009, the person who is on that date —
a
the interim monitoring officer,
b
the interim chief finance officer, or
c
the interim head of staff,
shall be responsible for performing, in relation to the Central Bedfordshire Council, the duties referred to in sub-paragraph (a) or (b) of paragraph (1) or the functions of the head of paid service of a local authority (as the case may be); and he shall perform those duties or such functions until the person (which may be himself) appointed by that Council after 31st March 2009 to discharge those duties or perform those functions takes up his appointment.
4
Subsections (2) to (7) of section 5 of the 1989 Act and subsections (2) and (5) of section 5A of that Act shall apply in relation to the shadow authority, its interim monitoring officer and its executive arrangements as they apply in relation to a relevant authority and the monitoring officer and executive arrangements of a relevant authority as if references in those subsections to a relevant authority, its monitoring officer and its executive arrangements were references to the shadow authority, its interim monitoring officer and the executive arrangements that it adopts pursuant to article 16.
5
Sections 114 to 116 of the Local Government Finance Act 1988 shall apply in relation to the shadow authority and its interim chief finance officer as if —
a
references to the chief finance officer of a relevant authority included references to the interim chief finance officer of the shadow authority;
b
references to a relevant authority (in whatever terms) included references to the shadow authority; and
c
references to joint committees were omitted.
6
Subsections (2) to (6) of section 4 of the 1989 Act shall apply in relation to the shadow authority and its interim head of staff as they apply in relation to a relevant authority and its head of paid service as if references in those subsections to a relevant authority and its head of paid service were references to the shadow authority and its interim head of staff.
Duties of shadow authority: proposals for executive arrangements, code of conduct and members’ allowances relating to the Central Bedfordshire Council
18
1
The shadow authority shall formulate proposals for the executive arrangements that are to be operated by the Central Bedfordshire Council.
2
In formulating proposals under paragraph (1) the shadow executive shall comply with section 10(2) of the 2000 Act and for that purpose shall assume that the Council’s executive is to be a leader and cabinet executive within the meaning of section 11(3) of the 2000 Act as originally enacted .
3
The shadow executive shall formulate proposals for the code of conduct to be adopted by the Central Bedfordshire Council.
4
In formulating proposals under paragraph (3) the shadow executive shall have regard to section 51 of the 2000 Act and, in particular, shall secure that its proposals are consistent with the requirements of subsection (4) of that section.
5
The shadow authority shall formulate proposals for the scheme of members’ allowances to be adopted by the Central Bedfordshire Council.
Functions of shadow authority: Implementation Plan
19
1
The shadow authority shall prepare, keep under review, and revise as necessary, an Implementation Plan which shall include —
a
such plans and timetables as are in its opinion necessary to secure the effective, efficient and timely discharge of its functions; and
b
such budgets and plans as it considers necessary or desirable to facilitate the economic, effective, efficient and timely discharge, on or after 1st April 2009, of the functions that, before that date, are functions of the County Council or the district councils.
2
For the purposes of —
a
preparing, reviewing and revising the Implementation Plan, and
b
discharging its functions,
the shadow authority shall have regard to the information supplied to the Secretary of State by the district councils in support of their proposals for single tier local government in central Bedfordshire and, in particular, to the information supplied in relation to the matters specified in paragraphs 3.6 to 3.11 (strategic leadership, neighbourhood empowerment and value for money services) of the guidance “Invitations to councils in England”, issued by the Secretary of State in October 2006 .
3
The shadow authority may, by written notice to —
a
the proper officer of the County Council, or
b
the proper officer of either of the district councils,
require the council referred to in the notice to take such action relevant to any function of that council that is to transfer on 1st April 2009 as may be specified in the notice.
Other functions of shadow authority
20
1
During the shadow period the shadow authority shall have, in addition to the functions specified or referred to in articles 16 to 19, the functions described in this article, and such other functions as may be conferred on them by —
a
a subsequent order made under section 7 of the 2007 Act by virtue of section 14 of the Interpretation Act 1978 (power to amend) ,
b
an order under section 20 of the 2007 Act (correction of orders), or
c
regulations under section 14 of the 2007 Act (regulations for supplementing orders).
2
The shadow authority shall take all such practicable steps as are necessary or expedient —
a
to commence and sustain its running as a shadow authority;
b
to prepare the authority for the assumption, as the Central Bedfordshire Council, of local government functions and full local authority powers on 1st April 2009;
c
to prepare any budgets or plans required by the Central Bedfordshire Council when those functions are assumed; and
d
to liaise with the County Council and the district councils for the purpose of ensuring continuity of the delivery of public services on and after 1st April 2009.
3
Subject to paragraph (4), the shadow authority shall have all other powers of a non-metropolitan county council and a non-metropolitan district council.
4
The powers conferred by paragraph (3) may be exercised by the shadow authority only —
a
in the discharge of the functions specified or referred to in this article (including those specified or referred to in articles 16 to 19), and
b
in the same manner, and subject to the same conditions and limitations, as if it were a non-metropolitan county council or a non-metropolitan district council, and
c
where the exercise of the power would involve incurring expenditure or acquiring a liability —
i
with the prior consent of the County Council, where the expenditure or liability relates to a matter which, before 1st April 2009, is the responsibility of that Council; or
ii
where the expenditure or liability relates to a matter which, before 1st April 2009, is the responsibility of either of the district councils, with the prior consent of that council.
5
The total of the expenditure properly incurred by the shadow authority shall be divided among, and paid by, the County Council and the district councils in such proportion as may be agreed between Bedford Borough Council, the County Council and the district councils; but, where the shadow authority notifies the Secretary of State that there is no such agreement, the Secretary of State may —
a
determine the proportion in which that expenditure is to be divided and paid; or
b
appoint an arbitrator for that purpose.
6
The following provisions of the 1972 Act shall apply in relation to the shadow authority, notwithstanding that it does not have the functions and full powers of a local authority:
Part or section of 1972 Act Description Section 3 Chairman Section 5 Vice-chairman Parts 5 and 5A General provisions as to members and proceedings of local authorities, access to meetings and documents of certain authorities, committees and sub-committees Section 103 Expenses of joint committees Section 106 Standing orders Section 146 Transfer of securities on alteration of area, etc Section 178 Regulations as to allowances
7
The shadow authority shall, notwithstanding that it does not have the functions and full powers of a local authority, be treated —
a
for the purposes of Part 2 of, and Schedule 2 to, the Audit Commission Act 1998 (accounts and audit of public bodies), as a local authority (and, therefore, a body subject to audit); but sections 11A , 19 and 30 to 32 in that Part, and references in that Part to those sections, shall be treated as omitted,
b
for the purposes of section 101 of the 2000 Act (indemnification of members and officers of relevant authorities) , as a relevant authority,
c
for the purposes of Part 1 of the Local Government Act 2003 (capital finance etc and accounts), as a local authority, and
d
for the purposes of the Local Authorities (Standing Orders) (England) Regulations 2001 , as a relevant authority.
Discharge of shadow authority’s functions by shadow executive
21
1
Except to the extent that any provision of any Act, this Order or regulations under section 13 of the 2000 Act requires otherwise, the functions conferred on the shadow authority by or under this Order shall be delegated to, and discharged by, the shadow executive.
2
Paragraph (1) does not prevent the shadow executive from requesting the shadow authority to discharge any function specified in a notice given by the shadow executive to the proper officer of the shadow authority; and the shadow authority shall comply with any such request within such period as the shadow executive may specify.
Central Implementation Team
22
1
Not later than 21 days after the coming into force of this Order, the shadow executive shall form a team of officers (“the Central Implementation Team”) for the purposes of assisting it and, if so required by the shadow authority, that authority.
2
The members of the Central Implementation Team shall comprise officers from both the County Council and each of the district councils.
3
The leader of the Central Implementation Team shall be an officer of one of the district councils.
PART 6 ELECTORAL MATTERS: MID AND SOUTH BEDFORDSHIRE DISTRICT COUNCILS, THE CENTRAL BEDFORDSHIRE COUNCIL AND PARISHES IN BEDFORD AND CENTRAL BEDFORDSHIRE
Cancellation of elections to South Bedfordshire District Council in 2008, etc
23
1
Notwithstanding section 7(8) and (9) of the 1972 Act (elections of councillors) —
a
elections shall not be held in 2008 for the return of councillors to South Bedfordshire District Council; and
b
the term of office of all councillors elected to that Council shall end on 1st April 2009 .
2
Nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall authorise the holding of an election to fill a casual vacancy in the office of councillor of South Bedfordshire District Council where that vacancy arises after 30th September 2008.
Councillors of Mid Bedfordshire District Council
24
1
The term of office of all councillors elected to Mid Bedfordshire District Council shall end on 1st April 2009.
2
Nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall authorise the holding of an election to fill a casual vacancy in the office of councillor of Mid Bedfordshire District Council where that vacancy arises after 30th September 2008.
Central Bedfordshire elections in 2009 and 2011, etc
25
1
A whole council election of councillors of the Central Bedfordshire Council shall be held on the 2009 election day, on the ordinary day of election of councillors in 2011 (“the 2011 election day ”), and every fourth year thereafter.
2
For the purposes of the 2009 election —
a
Central Bedfordshire shall be divided into wards;
b
the names of the new wards shall be those indicated in column 1 of the Table set out in the Schedule to this Order;
c
the area of each new ward shall be the same as that of the Central electoral division of the same name (as indicated in column 2 of that Table);
d
the wards of Biggleswade, Dunstable Downs, Houghton Regis, Leighton Linslade Central, and Stotfold and Arlesey shall each return four councillors; and
e
every other ward shall return two councillors.
3
At the 2009 election the returning officer shall be the proper officer appointed by the South Bedfordshire District Council (“the Central Bedfordshire returning officer”);. The Central Bedfordshire returning officer shall take such steps as are necessary or appropriate to prepare for the 2009 election, including the making of all necessary alterations in the electoral register.
4
Notwithstanding section 7(1) of the 1972 Act, the term of office of councillors elected to the Central Bedfordshire Council at the 2009 election shall be two years, and they shall retire on the fourth day after the 2011 election day.
5
The total of the expenditure properly incurred by the Central Bedfordshire returning officer in relation to the holding of the 2009 election shall be divided among, and paid by, the County Council and the district councils in such proportion as may be agreed between Bedford Borough Council, the County Council and the district councils; but, where the returning officer notifies the Secretary of State that there is no such agreement, the Secretary of State may —
a
determine the proportion; or
b
appoint an arbitrator for that purpose.
6
In relation to the 2009 election, “the appropriate officer” in Parts 1 and 2 of the Representation of the People Act 1983 does not have the meaning given by section 67(7) of that Act but means the Central Bedfordshire returning officer.
7
All councillors elected in 2011 or any later year shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Cancellation of parish council elections in Bedfordshire in 2008, etc
26
1
Notwithstanding section 16(3) of the 1972 Act (election of parish councillors) —
a
elections shall not be held in 2008 for the return of councillors to the council of the parishes of Brickhill, Cardington, Chalgrave, Chalton, Dunstable, Eastcotts, Eggington, Great Billington, Kempston, Stanbridge, Streatley, Sundon, Tilsworth, Toddington and Totternhoe;
b
the term of office of those parish councillors elected in 2004 or at any subsequent by-election held before the 2009 election day for any parish within Bedford or South Bedfordshire shall end on the fourth day thereafter;
c
the term of office of those parish councillors elected in 2009 or at any subsequent by-election held before the ordinary day of election of councillors in 2011 (“the 2011 election day”) shall end on the fourth day after the 2011 election day .
2
Elections of parish councillors for every parish council in Bedford and Central Bedfordshire shall be held on the ordinary day of election of councillors in 2011 and in every fourth year thereafter.
3
The term of office of parish councillors shall be four years and all parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement, and the newly-elected parish councillors shall come into office on the day on which their predecessors retire.
PART 7 GENERAL TRANSITIONAL DUTIES OF BOROUGH, COUNTY AND DISTRICT COUNCILS
General transitional duties of Bedford Borough Council and Bedfordshire County Council
27
1
It shall be the duty of Bedford Borough Council and the County Council —
a
to take, whether alone or together, such steps as may be necessary to prepare for the transfer to Bedford Borough Council of the County Council’s functions, property, rights and liabilities relating to Bedford or its inhabitants;
b
to consult and co-operate in order to secure the economic, effective, efficient and timely transfer of those functions, property, rights and liabilities; and
c
generally, to exercise their functions so as to further the purposes of this Order.
2
Without prejudice to the generality of paragraph (1), it shall be the duty of Bedford Borough Council and the County Council —
a
to co-operate in the formation of the Bedford Implementation Team, and to release the officers concerned from their normal duties at such times or for such periods as the Implementation Executive may reasonably require; and
b
to provide such information relating to its functions as the other Council may reasonably request for the purpose of giving effect to this Order.
3
Any person authorised in that behalf by the Council making the request shall be entitled, at all reasonable times, on producing evidence of his authority (if so required by the Council from which the information is sought) —
a
to inspect any record belonging to or under the control of the Council providing the information and relating to that Council or its functions; and
b
to take, or be supplied with, a copy of any such record or part of it.
4
The rights conferred by paragraph (3) include the right to require any record which is not in legible form to be made available in legible form so that the authorised person may inspect or copy it or be supplied with copies.
Transitional duties of the County Council and the district councils
28
1
It shall be the duty of the County Council and each of the district councils —
a
to take, whether alone or together, such steps as may be necessary to prepare for the transfer to the Central Bedfordshire Council of their respective functions, property, rights and liabilities (except as regards the County Council, those relating to Bedford or its inhabitants);
b
to consult and co-operate with one another and with the shadow authority in order to secure the economic, effective, efficient and timely transfer of the County Council’s and the district councils’ functions, property, rights and liabilities; and
c
generally, to exercise their functions so as to further the purposes of this Order.
2
Without prejudice to the generality of paragraph (1), it shall be the duty of the County Council and each of the district councils —
a
to co-operate in the formation of the Central Implementation Team, and to release the officers concerned from their normal duties at such times or for such periods as the shadow executive or the shadow authority may reasonably require; and
b
to provide such information relating to its functions as any other of those councils or the shadow authority may reasonably request for the purpose of giving effect to this Order.
3
Any person authorised in that behalf by the body making a request under paragraph (2)(b) shall be entitled, at all reasonable times, on producing evidence of his authority (if so required by the council or shadow authority from which the information is sought) —
a
to inspect any record belonging to or under the control of the council or shadow authority providing the information and relating to that council or authority or its functions; and
b
to take, or be supplied with, a copy of any such record or part of it.
4
The rights conferred by paragraph (3) include the right to require any record which is not in legible form to be made available in legible form so that the authorised person may inspect or copy it or be supplied with copies.
PART 8 CONSEQUENTIAL AMENDMENTS
Amendment of the Borough of Bedford (Electoral Changes) Order 2001
29
The Borough of Bedford (Electoral Changes) Order 2001 is amended by the omission of article 3 (elections of the council of Bedford) and article 9 (parish elections).
Amendment of the District of Mid Bedfordshire (Electoral Changes) Order 2001
30
The District of Mid Bedfordshire (Electoral Changes) Order 2001 is amended by the omission of article 3 (election of the council of Mid Bedfordshire).
Amendment of the District of South Bedfordshire (Electoral Changes) Order 2001
31
The District of South Bedfordshire (Electoral Changes) Order 2001 is amended by the omission of article 2 (wards of the district of South Bedfordshire), article 3 (elections of the council of South Bedfordshire) and article 8 (parish elections).
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
27th March 2008


text:
In accordance with section 141(11E) of that Act , a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and extent
1
1
This Order may be cited as the Criminal Justice Act 1988 (Offensive Weapons) (Amendment No. 2) Order 2008 and shall come into force on the seventh day after the day on which it is made.
2
This Order extends to England and Wales and Northern Ireland.
Amendment of the Criminal Justice Act 1988 (Offensive Weapons) Order 1988
2
1
The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 (which specifies offensive weapons for the purposes of section 141 of the Criminal Justice Act 1988) is amended as follows.
2
For paragraph 3 substitute —
3
It shall be a defence for a person charged —
a
with an offence under section 141(1) of the Criminal Justice Act 1988; or
b
with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 ,
in respect of any conduct of his relating to a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of paragraph 1(r) to show that the weapon in question was made before 1954 or was made at any other time according to traditional methods of making swords by hand.
.
3
After paragraph 5, insert —
5A
It shall be a defence for a person charged —
a
with an offence under section 141(1) of the Criminal Justice Act 1988; or
b
with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,
in respect of any conduct of his relating to a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of paragraph 1(r) to show that his conduct was for the purpose only of making the weapon available for the purposes of use in religious ceremonies.
.
4
In paragraph 6, for “paragraphs 3 and 4” substitute “paragraphs 3, 4 and 5A”.
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
25th July 2008


text:
Citation, commencement and application
1
These Regulations may be cited as the Information as to Provision of Education (England) Regulations 2008 and come into force on 14th February 2008.
2
These Regulations apply only in relation to England.
Interpretation
3
In these Regulations —
“admission number” has the meaning given in section 89A(1) of the School Standards and Framework Act 1998 ;
“application” means a preference expressed by a parent, in accordance with section 86(1) of the School Standards and Framework Act, as to the school at which he wishes education to be provided for his child;
“authority” means a local education authority;
“district” means the area of the council of a district where that council is not a unitary authority;
“offer” means an offer communicated by an authority to admit a child in their area to a school ;
“school year” means a period of twelve months beginning on 1st September unless the school has a term beginning in August, in which case it means a period of twelve months beginning on 1st August;
“surplus places” means the number of places, if any, by which the number equal to the capacity of the school exceeds the number of registered pupils at the school;
“unitary authority” has the same meaning as in section 261(3) of the Housing Act 2004 ; and
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 .
Information to be provided by authorities to the Secretary of State
4
The information specified in Schedule 1 must be provided by an authority to the Secretary of State after 1st June and before 4th August in each year.
5
1
An authority must provide the Secretary of State each year with a report —
a
containing the information specified in Schedule 2 in relation to the admission to secondary schools of pupils in the area of the authority,
b
on 1st March (or, in any year in which 1st March is not a working day, on the next working day),
c
containing information correct as at the date in sub-paragraph (b) in relation to the school year commencing in the August or September of that calendar year.
2
An authority may provide the Secretary of State each year with a report —
a
containing the information specified in Schedule 2 in relation to the admission to secondary schools of pupils in the area of the authority,
b
by no later than 8th September, (or, in any year in which 8th September is not a working day, by no later than the next working day),
c
containing information correct as at 1st September (or, in any year in which 1st September is not a working day, the next working day) in relation to the school year commencing in the August or September of that calendar year.
3
For the purposes of this regulation and Schedule 2 “school” means a community, foundation or voluntary school, or an Academy.
Determination of capacity of a school
6
The capacity of a school is to be determined in accordance with the method of assessment provided in the guidance, Assessing the Net Capacity of Schools, issued by the Department for Education and Skills in August 2002 .
Revocation of Regulations
7
The Regulations set out in Schedule 3 are revoked.
Jim Knight
Minister of State
Department for Children, Schools and Families
7th January 2008


text:
Citation, commencement and effect
1
1
This Order may be cited as the Car Fuel Benefit Order 2008.
2
This Order shall come into force on 19th March 2008 and has effect for the tax year 2008-09 and subsequent tax years.
Amendment to section 150 of the Income Tax (Earnings and Pensions) Act 2003
2
In section 150(1) of the Income Tax (Earnings and Pensions) Act 2003 (car fuel: calculating the cash equivalent) for “£14,400” substitute “£16,900”.
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
26th February 2008


text:
Citation and commencement
1
This Order may be cited as The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2008 and shall come into force on 26 January 2009.
Amount of penalty
2
For the Schedule to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002 , substitute the Schedule to this Order.
Revocations
3
The following Orders are revoked —
a
the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment No. 2) Order 2004 ;
b
the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2005 .
Signed by authority of the Secretary of State
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
29th December 2008


text:
Citation and commencement
1
These rules may be cited as the Land Registration (Electronic Conveyancing) Rules 2008 and shall come into force on 4 August 2008.
Interpretation
2
1
In these rules —
“Borrower” means the person who charges the registered estate,
“E-MD reference” means a reference supplied by the registrar to the Lender which enables all or part of the wording of an electronic legal charge to be generated automatically,
“electronic legal charge” means a charge within rule 3(1),
“land registry network” means a network provided under section 92(1) of the Act,
“Lender” means the person to whom the registered estate is charged, and
“the principal rules” means the Land Registration Rules 2003 .
2
Expressions used in these rules have the meaning that they bear in the principal rules, unless the contrary intention appears.
3
In Schedule 2, a reference to a rule by number is a reference to the rule so numbered in the principal rules.
Electronic legal charges
3
1
Subject to paragraphs (2) to (7), the grant of a legal charge of the whole of the registered estate in a single registered title is a disposition within section 91(2) of the Act.
2
Paragraph (1) does not apply to —
a
a disposition to which rule 38 of the principal rules applies,
b
the grant of a legal charge by a body corporate, whether the body corporate is the Borrower or a Joint Borrower, or
c
a charge which is authenticated by a person other than the Borrower.
3
Paragraph (1) only applies if at the time a person authenticates the charge as Borrower or Joint Borrower —
a
that person is entered in the register as proprietor or joint proprietor of the registered estate that is charged, or
b
there is entered in the day list notice of an application to register that person as proprietor or joint proprietor of the registered estate that is charged.
4
Paragraph (1) only applies if the Borrower authenticates the charge personally.
5
Paragraph (1) only applies if —
a
the charge is prepared using a procedure for doing so permitted by the land registry network, and
b
each electronic signature which the charge has, and the certification of each electronic signature, are in accordance with the provisions of a network access agreement.
6
A procedure within paragraph (5)(a) may, whether or not it is the only procedure within that sub-paragraph, require all or any of the provisions specified in Schedule 1 to be drafted automatically using an E-MD reference.
7
Schedule 1 (which makes provision about the contents of an electronic legal charge) has effect.
8
In this rule —
“Joint Borrower” means, where the Borrower comprises two or more persons, one of those persons, and
“joint proprietor” means, where the proprietor of a registered estate comprises two or more persons, one of those persons.
Registrar’s acknowledgement of time and date that an electronic legal charge took effect
4
Following receipt of notification, in accordance with the provisions in the charge required by paragraph 1(b) and (c) of Schedule 1, that the charge is to take effect, the registrar must send to the person who notified the registrar an acknowledgement stating the time and date when the notification was received.
Amendments to the principal rules
5
The principal rules are amended as set out in Part 1 of Schedule 2.
Disapplication of certain provisions in the principal rules
6
Provisions in the principal rules are disapplied as set out in Part 2 of Schedule 2.
Signed by authority of the Lord Chancellor
Michael Wills
Minister of State
Ministry of Justice
2nd July 2008


text:
Citation and commencement
1
This Order may be cited as the Lyme Bay Designated Area (Fishing Restrictions) Order 2008; it comes into force on 11th July 2008.
Prohibition on dredging and trawling
2
1
Dredging for shellfish and demersal trawling in the designated area are prohibited.
2
The designated area is the area of sea landward of a line drawn between the following co‑ordinates —
a
from 50° 41.14’N. 003° 06.00’W to 50° 38.00’N. 003° 06.00’W;
b
then to 50° 38.00’N. 003° 04.00’W;
c
then to 50° 37.50’N. 003° 04.00’W;
d
then to 50° 37.50’N. 003° 03.00’W;
e
then to 50° 38.00’N. 003° 03.00’W;
f
then to 50° 38.00’N. 002° 55.00’W;
g
then to 50° 39.00’N. 002° 55.00’W;
h
then to 50° 39.00’N. 002° 45.00’W;
i
then to 50° 42.32’N. 002° 45.00’W.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of enforcing this Order, a British sea‑fishery officer has the powers set out in this article in relation to a fishing boat to which the prohibition in article 2 applies.
2
A British sea‑fishery officer may go on board the boat, with or without persons assigned to assist in that officer’s duties, and may require it to stop and do anything else that will facilitate boarding or disembarkation.
3
A British sea‑fishery officer may require the attendance of the master and other persons on board and may make any examination and inquiry as appears to the officer to be necessary for the purpose of enforcing this Order, and in particular may —
a
search for fish or fishing gear on the boat and examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board to do anything that appears to the officer to be necessary for facilitating the examination;
b
require any person on board to produce any document in that person’s custody or possession relating to the boat, to any fishing or ancillary operations or to persons on board;
c
for the purpose of ascertaining whether an offence under this Order has been committed, search the boat for any such document and may require any person on board to do anything that appears to the officer to be necessary for facilitating the search;
d
inspect and copy any such document produced or found on board and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
e
where the boat is one in relation to which the officer has reason to suspect that an offence under this Order has been committed, seize and detain any such document produced or found on board for the purpose of enabling it to be used as evidence in proceedings in connection with any offence under this Order.
4
Where it appears to a British sea‑fishery officer that an offence under this Order has at any time been committed in relation to a fishing boat, the officer may —
a
take, or require the master of the boat to take, the boat and its crew to the port that appears to the officer to be the nearest convenient port, and
b
detain, or require the master to detain, the boat in the port.
5
A British sea‑fishery officer who detains or requires the detention of a boat must serve on the master a written notice stating that the boat is, or is required to be, detained until the notice is withdrawn by the service on the master of a further written notice signed by a British sea-fishery officer.
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
17th June 2008
Paul Goggins
Minister of State
Northern Ireland Office
16th June 2008