text:
PART 1 General
Citation, commencement and application
1
1
These Regulations may be cited as the School Admissions (Local Authority Reports and Admission Forums) (England) Regulations 2008 and come into force on 10th February 2009.
2
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations —
“ SSFA 1998 ” means the School Standards and Framework Act 1998;
“academic year” means a period commencing with 1st August and ending with the next 31st July;
“fair access protocol” means an arrangement made by the authority which aims to ensure that children who have no school place are offered a place at a suitable school as quickly as possible;
“forum” means an admission forum established in accordance with section 85A and these Regulations, and includes a joint admission forum;
“local authority report” means a report prepared by a local education authority under section 88P;
“looked after child” means a child who is looked after by a local authority in accordance with section 22 of the Children Act 1989;
“preference” means a preference expressed in accordance with arrangements made under section 86(1) or section 86A(1)(c) or (d), as to the school at which education is to be provided for a child;
“relevant area” in relation to a forum means the area of the local education authority that established the forum or, in the case of a joint forum, the areas of the local education authorities that established the forum;
“the Admission Arrangements Regulations ” means the School Admissions (Admission Arrangements) (England) Regulations 2008 ; and
“secretary” means the secretary of a forum appointed under regulation 12.
2
Save where otherwise appears, any reference in these Regulations to a numbered section or Part is a reference to that section or Part of SSFA 1998.
Regulations revoked
3
The Education (Admission Forums) (England) Regulations 2002 and the Education (Admission Forums) (England) (Amendment) Regulations 2007 are revoked.
PART 2 Reports by local authorities to the adjudicator
Matters connected with relevant school admissions
4
1
For the purposes of section 88P(1) (matters connected with relevant school admissions) the prescribed matters are —
a
the authority’s assessment of the extent to which the current admission arrangements in the area of the authority serve the interests of looked after children, children with disabilities and children with special educational needs;
b
the authority’s assessment of how well the fair access protocol has worked since the relevant date, and how many children have been admitted to each relevant school in the area of the authority under the protocol during that period;
c
whether primary schools are complying with the limit on infant class sizes imposed by section 1;
d
the number of appeals made under arrangements made under section 94 in respect of each school for which the authority is admission authority since the relevant date, and the number of those appeals which were upheld;
e
the number of appeals made under arrangements made under section 94 in respect of each school in the area of the authority for which the governing body is admission authority since the relevant date, and the number of those appeals which were upheld;
f
the number of appeals made under arrangements made by each Academy, city technology college and city college for the technology of the arts in the area of the authority since the relevant date, and the number of appeals which were upheld;
g
the authority’s assessment of the extent to which —
i
the authority, and
ii
appeals panels in the authority’s area established under arrangements made under section 94,
have complied with the mandatory requirements of the Appeals Code since the relevant date;
h
the authority’s assessment of the effectiveness of any scheme for co-ordinating —
i
the admission of pupils to relevant schools in the authority’s area in the next academic year to begin after the date of the report, and
ii
the admission of pupils in the authority’s area to other relevant schools in that academic year;
i
details of the membership of the admission forum established for the area of the authority under section 85A and Part 3 of these Regulations;
j
details of any other matters which in the opinion of the authority affect the operation of admission arrangements for relevant schools in the area of the authority.
2
For the purposes of this regulation —
a
“authority” means the local education authority making a report under section 88P;
b
“the Appeals Code” means any code for school appeals issued under section 84 ;
c
“current admission arrangements” means the arrangements under which pupils will be admitted to relevant schools in the first academic year to begin after the relevant date; and
d
“relevant date” means 1 st September 2008, or the date of the last local authority report, whichever is the later.
Form and content of local authority reports
5
1
In addition to the matters referred to in regulation 4, a local authority report must include the following —
a
a statement as to whether or not the future admission arrangements for maintained schools in the area of the authority conform with the mandatory requirements of
i
the School Admissions Code, and
ii
Part 3 (school admissions) ; and
b
the percentage of pupils in each relevant school in the authority’s area who are within section 512ZB(4) of the Education Act 1996 (provision of free school lunches and milk) as at the date of the statement.
2
For the purposes of this regulation —
a
“future admission arrangements” means the arrangements under which pupils will be admitted to relevant schools in the second academic year to begin after the date of the local authority report, and
b
“the School Admissions Code” means any code for school admissions issued under section 84.
Provision of information to local authority
6
For the purposes of section 88Q (relevant persons who must provide information to a local education authority) , the clerk to an appeal panel constituted under section 94 is a relevant person.
Timing of local authority reports
7
A local authority report must be made no later than 30 th June each year.
PART 3 Admission Forums: constitution, meetings and proceedings
Membership of a forum
8
1
A forum must comprise no more than 20 members, appointed by the authority in accordance with this regulation and regulation 9, and must include —
a
at least one representative of each of the following schools which are in the relevant area —
i
community schools,
ii
voluntary controlled schools,
iii
voluntary aided schools,
iv
foundation schools,
v
Academies, and
vi
city technology colleges and city colleges for the technology of the arts;
b
one representative from each body or person representing the religion or religious denomination of any foundation or voluntary schools or Academies in the relevant area which are designated as having a religious character by an order under section 69(3) or section 124B ;
c
at least one parent member ; and
d
at least one person who appears to the members appointed under sub-paragraphs (a) to (c) to represent the interests of any section of the community in the relevant area, and who is not eligible for appointment as a member under any of those sub-paragraphs.
2
Members falling within paragraph (1)(a) must be either the head teacher or a governor (other than a governor who is appointed to the governing body by the authority and is a member of the authority) and must be appointed following a nomination by the governing body of a maintained school within the relevant area.
3
Members falling within paragraph (1)(b) must be appointed following a nomination by the relevant body or person prescribed in relation to the religion or religious denomination in regulation 12(7) of the Admission Arrangements Regulations.
4
Members falling within paragraph (1)(c) must be resident in the relevant area, and the parent of a child who —
a
has attained the age of two and is receiving primary education, or
b
is of compulsory school age
at the time of their appointment.
5
Members falling within paragraph (1)(d) must be appointed following a recommendation by the members appointed under paragraph (1)(a) to (c).
6
For the purposes of Parts 3 and 4 of these Regulations “authority” means the local education authority for the area for which the forum has been (or is to be) established, or in the case of a joint forum, the local education authorities for the areas for which the forum has been (or is to be) established.
Appointment and tenure of members
9
1
Subject to the provisions of this regulation, persons appointed to be members of a forum hold and vacate office in accordance with the terms of their appointment and, on ceasing to be members of the forum, are eligible for reappointment.
2
No person may be appointed as a member for a fixed period exceeding 4 years.
3
A member must vacate office —
a
where the person was appointed under regulation 8(1)(a), if they cease to be a head teacher or governor of a school falling within that paragraph;
b
where the person was appointed under regulation 8(1)(b), if the body who nominated the member are of the opinion that the member should no longer be a member of the forum and notify the secretary accordingly;
c
where the person was appointed under regulation 8(1)(c), if they cease to be a parent member within the meaning of regulation 8(4);
d
where the person was appointed under regulation 8(1)(d), if the authority, following a recommendation from the members appointed under regulation 8(1)(a) to (c), are of the opinion that the member should no longer be a member of the forum, and
e
every member of a forum must vacate office if the forum is dissolved pursuant to regulation 15(2).
Alternate members
10
1
Subject to paragraphs (2) to (5) any member of a forum may, by giving written notice to the secretary, nominate an alternate member to attend meetings of the forum in their absence, and such nomination remains effective until it is withdrawn.
2
A member appointed under regulation 8(1)(a) may only nominate an alternate member who is a head teacher or governor of a school which falls within the same sub-paragraph of that regulation as the school of which the member in question is a governor or head teacher.
3
A member appointed under regulation 8(1)(b) may not nominate an alternate member unless the person or body by which the member was nominated consents to the proposed nomination.
4
A member appointed under regulation 8(1)(c) may only nominate an alternate member who is a parent within the meaning of that regulation.
5
A member appointed under regulation 8(1)(d) may not nominate an alternate member unless the authority consents to the proposed nomination.
Election to office
11
1
At the first meeting of a forum and each meeting referred to in paragraph (2) the members must elect two members of the forum to be the chair and vice-chair.
2
Subject to paragraph (3), the chair and vice-chair hold office as such until the next meeting which falls after the date which is a year after the meeting at which they were elected, and on ceasing to hold office are be eligible for re-election.
3
A person ceases to hold office as the chair or vice-chair —
i
on ceasing to be a member of the forum, or
ii
if they resign office by written notice given to the secretary.
4
In the event of a casual vacancy occurring in the office of chair or vice-chair the members must at their next meeting elect one of their members to fill that vacancy and a member so elected holds office until the date of the meeting at which the chair or vice-chair would have held office had the vacancy not occurred.
Secretary to a forum
12
The members must appoint a person, nominated by the authority, who is not a member of the forum, to act as secretary to the forum.
Meetings of a forum
13
1
Subject to any provision made by these Regulations, the members may regulate the procedure of a forum.
2
A forum must meet at least twice each year.
3
It is the duty of the secretary or, in the absence of the secretary, of the authority, to notify every member at least one week in advance of the time and place of each meeting.
4
In any vote regarding the exercise of a forum’s power to refer an objection to the adjudicator pursuant to section 88H, the vote must be carried by a simple majority of those members present and, in the case of an equality of votes the chair, or in the absence of the chair, the vice-chair has a second or casting vote.
Sub-committees
14
1
Where a sub-committee is established, pursuant to section 85A(2), the forum is responsible for determining the sub-committee’s —
a
membership and constitution;
b
procedure for convening and holding of meetings; and
c
promulgation of advice and recommendations.
Joint forums
15
1
Subject to paragraph (2) a local authority may establish a joint forum with one or more other local authorities.
2
Where an authority, having established a forum, subsequently decides to establish a joint forum in accordance with paragraph (1), the existing forum must be dissolved before a joint forum is constituted.
PART 4 Admission forums: purpose and functions
Purpose and functions of a forum
16
1
For the purposes of section 85A(1) (purpose of admission forums) the role of a forum is to consider and advise on the fairness of admission arrangements for schools in the relevant area, and in particular —
a
the extent to which the current admission arrangements in the relevant area serve the interests of looked after children, children with disabilities and children with special educational needs;
b
the effectiveness of any fair access protocol in place in the relevant area;
c
the effectiveness of any scheme for co-ordinating admission arrangements made or adopted under section 88M(1) in the relevant area and, where relevant, any adjoining local authority area; and
d
details of any other matters which affect the fair operation of admission arrangements for relevant schools in the relevant area.
2
A forum must —
a
advise the authority and the governing bodies of all voluntary aided and foundation schools in the area by 30 th November each year which persons or bodies in the area the forum considers have an interest in proposed admission arrangements for the purposes of regulation 12(2)(h) of the Admission Arrangements Regulations;
b
consider and advise on any proposed qualifying scheme for the co-ordination of admission arrangements referred to it by the authority pursuant to regulation 5 of the School Admissions (Co-ordination of Admission Arrangements) (England) Regulations 2008;
c
consider admission arrangements referred to it under regulation 12(2)(f) of the Admission Arrangements Regulations for the purposes of consultation and must consider whether to exercise its power to refer an objection to any such arrangements to the adjudicator pursuant to section 88H(2);
d
consider any composite prospectus published by the authority and advise the authority on whether this might be improved to raise the standard of information provided to parents; and
e
consider whether to produce a report for the purposes of section 85A(1A).
Advice and recommendations of a forum
17
A forum must promulgate their advice and recommendations produced under regulation 16(1) for the purposes of section 85A(1) to all admission authorities, maintained schools, Academies, city technology colleges or city colleges for the technology of the arts within the relevant area, and must make that advice available to any other persons with an interest.
Forum reports
18
1
For the purposes of section 85A(1A) (matters that may be included in a forum report) the prescribed matters are —
a
the forum’s analysis of the extent to which admission arrangements, or any aspect of admission arrangements, in the relevant area ensure fair access to educational opportunity; and
b
any recommendation the forum wishes to make to improve fair access as a result of their analysis.
2
For the purposes of this regulation “admission arrangements” includes —
a
the scheme for co-ordinating admission arrangements made or adopted under section 88M(1) in the relevant area and, where relevant, an adjoining local authority area; and
b
any school policy which, in the opinion of the forum, affects or may affect, fair access to educational opportunity in the relevant area.
Provision of information to forum
19
For the purposes of section 85A(1B) (information that may be requested by a forum) the prescribed information is such information as the forum requires to enable it to carry out its functions under section 85A(1A) and regulation 18.
Publication of forum reports
20
A forum report produced pursuant to section 85A(1A) must be sent to the adjudicator.
Sarah McCarthy-Fry
Minister of State
Department for Children, Schools and Families
3rd December 2008


type: legislation

jurisdiction: UK

text:
Title, commencement and interpretation
1
1
The title of this Order is the Cwm Taf 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” has the meaning assigned to it in paragraph 5(5) of Schedule 3 to the Act;
“the trust” (“ yr ymddiriedolaeth ”) means the Cwm Taf 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 Cwm Taf National Health Service Trust or Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Cwm Taf.
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 shall be to provide goods and services (including hospital accommodation and community health services) from
a
Royal Glamorgan Hospital, Ynysmaerdy, Llantrisant, CF72 8XR;
b
Prince Charles Hospital, Merthyr Tydfil, CF47 9DT;
and associated hospital and premises pursuant to section 18(1) of the Act.
Directors of the Trust
4
1
The trust shall 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 Cardiff 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, commencement and interpretation
1
1
This Order may be cited as the Trade in Goods (Categories of Controlled Goods) Order 2008 and shall come into force on 1st October 2008.
2
In this Order —
“the Trade Order ” means the Trade in Goods (Control) Order 2003 ;
“the Embargoed Destinations Order ” means the Trade in Controlled Goods (Embargoed Destinations) Order 2004 .
Amendments to the Trade Order
2
The Trade Order is amended as set out in the Schedule.
Amendments to the Embargoed Destinations Order
3
For the definition of controlled goods in article 2 of the Embargoed Destinations Order substitute —
“controlled goods” means goods used and unused, specified in Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 and paragraphs 1 to 3 of Schedule 1 and paragraph 2 of Schedule 3 to the Trade in Goods (Control) Order 2003. For the avoidance of doubt “controlled goods” does not include software and technology.
.
Malcolm Wicks
Minister of State for Energy
Department for Business, Enterprise and Regulatory Reform
2nd July 2008


text:
Title, application and commencement
1
This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Fees) (England) Order 2008, applies in England and comes into force on 6th April 2008.
Fees for the testing of disinfectants
2
A person who applies for a disinfectant to be approved under article 3 of the Diseases of Animals (Approved Disinfectants) (England) Order 2007 must, when applying, pay to the Secretary of State the fees set out in the Schedule consisting of both —
a
the fee for administrative services in Part I of the Schedule; and
b
the fee for testing for the relevant purpose in Part II of the Schedule.
Revocation
3
The Diseases of Animals (Approved Disinfectants) (Fees) (England) Order 2007 is revoked.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
23rd February 2008
We approve
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 2008


text:
This Order may be cited as the General Optical Council (Therapeutics and Contact Lens Specialties) Rules Order of Council 2008, and shall come into force on 11th August 2008.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations —
a
may be cited as the Ozone Depleting Substances (Qualifications) (Amendment) Regulations 2008; and
b
come into force on 15th February 2008.
Amendment
2
1
The Ozone Depleting Substances (Qualifications) Regulations 2006 , are amended in accordance with paragraphs (2) and (3).
2
In regulation 3, for paragraph (a) substitute —
a
a person is competent to carry out relevant work whilst performing a task specified in column 1 of the Table in Schedule 1 in respect of the equipment specified in the corresponding entry in column 2 of that Table if that person has obtained one of the qualifications specified in the corresponding entry in column 3 of that Table;
.
3
In column 3 of Schedule 1 for “British Fire Protection Systems Association Competence Certificate Course Class I.” substitute —
a
British Fire Protection Systems Association Competence Certificate Course Class I.
b
Fire Industry Competence Certificate Course Class 1.
.
Phil Woolas
Minister of State
Department for Environment, Food and Rural Affairs
16th January 2008


text:
Citation and interpretation
1
This Order may be cited as the Greater London Authority Act 2007 (Commencement No.3) Order 2008.
Provisions coming into force on 6th April 2008
2
The following provisions of the Greater London Authority Act 2007 shall come into force on 6th April 2008 —
a
sections 31 to 36;
b
section 45;
c
sections 47 to 49;
d
section 51; and
e
section 57 and Schedule 2, so far as they are not yet in force and so far as they give effect to the repeals relating to the Museum of London Act 1986 .
Hazel Blears
One of Her Majesty’s Principal Secretaries of State
4th March 2008


text:
In accordance with section 114(3) of that Act a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.
Citation and commencement
1
This Order may be cited as the Crime and Disorder Act 1998 (Additional Authorities) Order 2008 and shall come into force one month after the day on which it is made.
Additional Authorities
2
In section 17(2) of the Crime and Disorder Act 1998 (duty to consider crime and disorder implications), at the end of subsection (2) (authorities to which the duty applies) there is inserted —
the Greater London Authority ;
the London Development Agency .
Transport for London .
.
Tony McNulty
Minster of State
Home Office
14th January 2008


text:
Citation, commencement and application
1
1
This Order, which applies to England only, may be cited as the Local Government (Non-Domestic Rating) (Consequential Amendments) (England) Order 2008 and shall come into force on 24th March 2008.
2
The amendments made by paragraphs 1(a)(ii) and 2(a) of the Schedule to this Order apply from the day it comes into force.
3
The amendments made by the remaining paragraphs of the Schedule to this Order apply from 1st April 2008.
Amendments
2
The enactments listed in the Schedule to this Order are amended as specified in that Schedule.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
20th February 2008


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 2008 and come into force on 1 st January 2009.
Amendment of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973
2
In regulation 3 (fees) of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973 —
a
in paragraph (1), for “£510” (fee for registration of premises, where premises are in Great Britain) substitute “£529”;
b
in paragraph (2), for “£162” (retention fee, where premises are in Great Britain) substitute “£168”; and
c
in paragraph (3), for “£510” (additional sum by way of penalty, where premises are in Great Britain) substitute “£529”.
Signed by authority of the Secretary of State for Health.
Phil Hope
Minister of State,
Department of Health
8th November 2008
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
Michael McGimpsey
Minister of Health, Social Services and Public Safety
12th November 2008


text:
1
These Regulations may be cited as the Air Navigation (Restriction of Flying) (Scottish Highlands) Regulations 2008 and come into force on 1st June 2008.
2
The Air Navigation (Restriction of Flying) (Scottish Highlands) Regulations 1981 are revoked.
3
1
In Regulations 4, 5 and 6 all times referred to are local time.
2
The notified authority referred to in regulation 7 is the Low Flying Booking Cell at RAF Wittering or such other authority as may be notified in its place.
4
Subject to regulation 7, between 1500 and 2300 hours each day on or between Monday and Thursday, an aircraft must not fly at or below a height of 5,000 feet above mean sea level within the area bounded by straight lines joining successively the following points —
583000N 0032700W 582524N 0032532W 580345N 0041248W 580300N 0043000W 580000N 0043700W 574700N 0042500W 573900N 0043000W 573800N 0044500W 573000N 0043800W 571800N 0045200W 571100N 0045300W 570900N 0050000W 570000N 0050200W 565400N 0050500W 565600N 0054700W 571300N 0053500W 575000N 0054300W 580000N 0051500W 583000N 0044900W 583000N 0043000W 582500N 0043000W 583000N 0042000W 583000N 0032700W.
5
Subject to regulation 7, between 1500 and 2300 hours each day on or between Monday and Thursday, an aircraft must not fly at or between 750 feet and 5,000 feet above mean sea level within the area bounded by straight lines joining successively the following points —
575000N 0054300W 574004N 0054050W 573840N 0055739W 570000N 0055644W 570000N 0061504W 574715N 0061637W 575000N 0054300W.
6
1
Subject to paragraph (2) and regulation 7, between 1500 and 2300 hours each day on or between Monday and Thursday, an aircraft must not fly below 2,000 feet above mean sea level within either of the following areas bounded respectively by straight lines joining successively the following points —
582218N 0033224W 581434N 0031929W 581121N 0032654W 581900N 0033940W 582218N 0033224W; or
574900N 0040606W 574500N 0040254W 574234N 0041056W 573900N 0043000W 574700N 0042500W 574900N 0040606W.
2
An aircraft may fly within an area specified in paragraph (1) if it is flying in accordance with an authorisation to cross the area given by the person in charge of Tain Range Danger Area on the notified frequency.
7
An aircraft may fly within an area specified in regulation 4, 5 or 6 if it is flying in accordance with an authorisation given by the notified authority.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
1st May 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Commencement No. 1) (England) Order 2008.
2
In this Order, “ the Act ” means the Safeguarding Vulnerable Groups Act 2006.
Provisions coming into force on the 17th December 2008
2
17th December 2008 is the day appointed for the coming into force of the following provisions of the Act for the purposes of making regulations —
a
section 63(1) (amendments and repeals) in so far as it relates to the provisions of Schedule 9 set out in paragraphs (b) and (c);
b
i
paragraph 5(2), (3), (6) and (7), in relation to England;
ii
paragraph 5(4);
iii
paragraph 5(1), in so far as it relates to the provisions specified in sub-paragraphs (i) and (ii);
iv
paragraph 6(2), (3) and (6), in relation to England;
v
paragraph 6(4);
vi
paragraph 6(1), in so far as it relates to the provisions specified in sub-paragraphs (iv) and (v);
vii
paragraph 7, in relation to England;
c
paragraph 2, in so far as it relates to the provisions specified in paragraph (b).
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
16th December 2008


text:
Citation and commencement
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Collective Investment Schemes) (Amendment) (No.2) Order 2008.
2
This Order comes into force on 14th July 2008.
Amendment of the Financial Services and Markets Act 2000 (Collective Investment Schemes) (Amendment) Order 2008
2
1
The Financial Services and Markets Act 2000 (Collective Investment Schemes)(Amendment) Order 2008 is amended as follows.
2
In paragraph 9 (schemes entered into for commercial purposes wholly or mainly related to existing business) of the Schedule to the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001 as substituted by article 2(2) —
a
in sub-paragraph (1)(b)(ii), for “irrevocably agrees in writing”, substitute “agrees in writing in respect of the remaining life of the arrangements”;
b
in sub-paragraph (3), for the words from “each person” to the end, substitute “at any time each person which is at that time a permitted participant agrees in writing in respect of the life of the arrangements that the arrangements amount to a collective investment scheme”;
c
in sub-paragraph (5), in paragraph (b) of the definition of “permitted participant”, after “unincorporated association” insert “,”;
d
for sub-paragraph (7) substitute —
7
An agreement made in respect of any arrangements in accordance with the provisions of sub-paragraph (1)(b)(ii) or sub-paragraph (3) is not affected by —
a
the entry into such arrangements by any person as a further participant;
b
the exit from such arrangements of any participant;
c
any later agreement in writing or otherwise under which, contrary to the earlier agreement, such arrangements do or, as the case may be, do not amount to a collective investment scheme.
Alan Campbell
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
8th July 2008


text:
Citation and Commencement
1
This Order may be cited as the Greater London Authority (Mayor of London Appointments) Order 2008 and shall come into force on 6th April 2008.
Appointments and Organisations prescribed by the Secretary of State
2
There are prescribed for the purposes of section 377A of the Greater London Authority Act (the Mayor’s duty to exercise certain powers of appointment) the descriptions of appointment specified in the first column of the Schedule in the case of the bodies shown opposite them in the second column.
Gerry Sutcliffe
Minister for Sport
Department for Culture, Media and Sport
10th March 2008


text:
PART 1 Introduction
Title and coming into force
1
These Regulations may be cited as the Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008 and come into force on 25th December 2008.
Interpretation
2
In these Regulations —
“Chief Inspector” means the Chief Inspector appointed under section 4 of the Radioactive Substances Act 1993 ;
“competent authority” (except when referring to the competent authority of another country) means —
in England and Wales, the Environment Agency;
in Scotland, the Scottish Environment Protection Agency;
in Northern Ireland, the Chief Inspector;
“holder” means any person who, before carrying out a shipment of radioactive waste or spent fuel, is responsible under the applicable national law for such materials and plans to carry out a shipment to a consignee;
“radioactive waste” means radioactive material in gaseous, liquid or solid form for which no further use is foreseen by the countries of origin and destination, or by a person whose decision is accepted by these countries, and which is controlled as radioactive waste by a regulatory body under the legislative and regulatory framework of the countries of origin and destination;
“reprocessing” means a process or operation, the purpose of which is to extract radioactive isotopes from spent fuel for further use;
“spent fuel” means nuclear fuel that has been irradiated in and permanently removed from a reactor core; spent fuel may either be considered as a usable resource that can be reprocessed or be destined for final disposal with no further use foreseen and treated as radioactive waste;
“shipment” means the whole of operations involved in moving radioactive waste or spent fuel from the country or the member State of origin to the country or the member State of destination and “ship” must be construed in accordance with this definition;
“third country” means a country that is not a member State of the European Community.
Application
3
1
These Regulations apply to transfrontier shipments of radioactive waste or spent fuel if both the quantity and the concentration of the consignment exceed the levels laid down in paragraph 2, points (a) and (b) of Article 3 of Council Directive 96/29/Euratom as amended from time to time.
2
They do not apply to —
a
a shipment of disused sources to a supplier or manufacturer of radioactive sources or to a recognised installation;
b
a shipment of radioactive materials recovered for further use through reprocessing; or
c
a shipment of waste that contains only naturally occurring radioactive material that does not arise from practices.
3
In this regulation —
“disused source” means a sealed source which is no longer used or intended to be used for the practice for which authorisation was granted;
“practice” means a human activity that can increase the exposure of individuals to radiation from an artificial source, or from a natural radiation source where natural radionuclides are processed for their radioactive, fissile or fertile properties, except in the case of an emergency exposure; and
“recognised installation” means a facility located in the territory of a country authorised by the competent authorities of that country in accordance with national law for the long-term storage or disposal of sealed sources or an installation duly authorised under national law for the interim storage of sealed sources.
PART 2 Shipments of radioactive waste or spent fuel
Transfrontier shipment of radioactive waste or spent fuel
4
1
It is an offence to ship radioactive waste or spent fuel —
a
to a destination outside the United Kingdom, or
b
into the United Kingdom from a third country (except by way of transit),
except in accordance with an authorisation granted by the competent authority under these Regulations.
2
It is an offence to ship radioactive waste or spent fuel into the United Kingdom from another member State except under the authority of an authorisation granted by the competent authority of the member State of origin and in accordance with that authorisation.
Transit
5
1
It is an offence to ship radioactive waste or spent fuel into the United Kingdom from a third country by way of transit to another member State except in accordance with an authorisation granted by the member State of destination.
2
It is an offence to ship radioactive waste or spent fuel into the United Kingdom from a third country for transit to another third country except in accordance with an authorisation granted —
a
by the competent authority (if the United Kingdom is the first point of entry into the European Community); and
b
otherwise, by the competent authority of the member State in which the radioactive waste or spent fuel first entered the European Community.
Authorisations
6
1
An authorisation granted under these Regulations may be in respect of more than one shipment, provided that —
a
the radioactive waste or spent fuel to which it relates essentially has the same physical, chemical and radioactive characteristics;
b
the shipments are to be made from the same holder to the same consignee and involve the same competent authorities; and
c
where shipments involve transit through third countries, such transit is by the same frontier post of entry to and exit from the European Community and by the same frontier post of the third country or countries concerned, unless otherwise agreed between the competent authorities of all countries concerned.
2
An authorisation may not be for a period of more than three years.
Prohibited exports
7
A competent authority may not authorise shipments —
a
to a destination south of latitude 60° south;
b
to an African, Caribbean or Pacific state that is party to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States and the European Community and its Member States, (Cotonou ACP-EC Agreement) , unless the shipment is a return of radioactive waste to its country of origin following treatment or reprocessing in the United Kingdom; or
c
to a third country that does not have the administrative and technical capacity and regulatory structure to manage the radioactive waste or spent fuel safely, as stated in the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management ; and in coming to an opinion on this issue, the competent authority must take into account all relevant information from other member States.
Notification of arrival in the United Kingdom
8
1
Any person who receives a consignment of radioactive waste or spent fuel from outside the United Kingdom must notify the competent authority within fifteen days.
2
Failure to comply with this regulation is an offence.
Notification of arrival in a third country
9
1
Any person holding an authorisation who has consigned radioactive waste or spent fuel from the United Kingdom to a third country must notify the competent authority in the United Kingdom, within fifteen days of its arrival, of —
a
the date of arrival, and
b
the last customs post in the European Community through which the shipment passed.
2
In the case of transit between third countries, and where the authorisation was granted under these Regulations, the person holding the authorisation must notify the competent authority of the information in paragraph (1).
3
The person holding the authorisation must take all reasonable steps to obtain and include in the notification a declaration or certification by the consignee stating that the radioactive waste or spent fuel has reached its proper destination and indicating the customs post of entry into the country of destination.
4
Failure to comply with this regulation is an offence.
Documentation
10
1
Any person shipping radioactive waste or spent fuel must ensure that it is accompanied at all times with the standard document set out in Commission Decision 2008/312/Euratom (establishing the standard document for the supervision and control of shipments of radioactive waste and spent fuel referred to in Council Directive 2006/117/Euratom ) certifying that the authorisation procedure has been complied with and issued when the authorisation is granted.
2
Failure to comply with this regulation is an offence.
Procedure
11
1
All applications for an authorisation must be in English using the standard document set out in Commission Decision 2008/312/Euratom.
2
It is an offence to make a false or misleading statement in an application.
3
All documents accompanying an application or a notification of an application from another member State must be in English or accompanied by an authenticated English translation.
4
Schedule 1 (procedures) has effect.
Issue of authorisations and consents for shipments of radioactive waste
12
1
A competent authority may only authorise or consent to a shipment of radioactive waste if this regulation is complied with.
2
An applicant must make a written assessment of all practicable options for management of the radioactive waste.
3
In the case of low-level waste, the proposed shipment must be for —
a
the recovery of re-usable materials;
b
treatment to make its subsequent storage and disposal more manageable;
c
sending samples for investigative analysis; or
d
the return to the country of origin of radioactive waste resulting from the processing of radioactive waste or spent fuel in another country (or an equivalent amount of other radioactive waste by way of substitute).
4
In the case of intermediate-level or high-level waste, the proposed shipment must be for —
a
the recovery of re-usable materials, where this is the genuine prime purpose;
b
treatment to make its subsequent storage and disposal more manageable, in cases —
i
where the processes are at a developmental stage; or
ii
which involve quantities that are too small for the process to be practicable in the country of origin;
c
sending samples for investigative analysis; or
d
the return to the country of origin of radioactive waste resulting from the processing of radioactive waste or spent fuel in another country (or an equivalent amount of other radioactive waste by way of substitute).
5
If the processes at paragraphs (3) and (4) would add materially to the radioactive waste needing to be disposed of in the country of destination, the applicant must demonstrate that the waste will be returned to the country of origin, to a timescale agreed by the competent authorities in the United Kingdom and in the country of origin or destination.
6
Notwithstanding paragraphs (3), (4) and (5), radioactive waste may be imported for treatment and disposal in the United Kingdom —
a
if it is in the form of spent sealed sources that were manufactured in the United Kingdom; or
b
if it arises from small users, such as hospitals, situated in —
i
member States that produce such small quantities of radioactive waste that the provision of their own specialised installations would be impractical, or
ii
developing countries that cannot reasonably be expected to acquire suitable disposal facilities.
7
Notwithstanding paragraphs (2) to (6), radioactive waste arising from the reprocessing of spent nuclear fuel may be returned to its country of origin.
8
In this regulation —
“low-level waste” means radioactive waste having a radioactive content not exceeding four gigabecquerels per tonne ( GBq/te ) of alpha activity or twelve GBq/te of beta or gamma activity;
“intermediate level waste” means radioactive waste with radioactivity levels exceeding the upper boundaries for low-level waste, but which does not require heating to be taken into account in the design of storage or disposal facilities; and
“high level waste” means radioactive waste in which the temperature may rise significantly as a result of its radioactivity, so that this factor has to be taken into account in designing storage or disposal facilities.
Appeals
13
1
An applicant whose application for an authorisation or consent is refused, or granted subject to conditions, may appeal in writing within two months of the decision, giving full reasons, to —
a
in England, the Secretary of State;
b
in Scotland, the Scottish Ministers;
c
in Wales, the Welsh Ministers;
d
in Northern Ireland, the Department of the Environment.
2
The appellant body may confirm the original decision or direct the competent authority to grant an authorisation, with or without conditions, or to vary the conditions of an authorisation.
PART 3 General
Unlawful shipments
14
1
The competent authority may decide that the shipment may not be completed if it is not in accordance with these Regulations or in accordance with its authorisation.
2
If it does so it must immediately inform the competent authorities in all countries involved in the shipment.
3
In the case of radioactive waste or spent fuel that has been brought into the United Kingdom, the person holding the authorisation (or the person having responsibility for a shipment that has not been authorised) must either return the consignment to the country of origin if instructed to do so by the competent authority, taking corrective safety measures if necessary, or otherwise dispose of it as instructed by the competent authority, and failure to comply with an instruction of the competent authority is an offence.
4
In the case of radioactive waste or spent fuel that has been sent out of the United Kingdom —
a
unless alternative safe arrangements can be made, the competent authority must serve a notice on the person holding the authorisation requiring the authorised person to take the shipment back, and
b
the person holding the authorisation must comply with the notice, taking corrective safety measures if necessary, and failure to do so is an offence.
5
The person holding the authorisation is liable for costs arising if the shipment is not completed.
Notices
15
1
Schedule 2 makes provision in relation to notices served by an authorised officer of the enforcing authority, and references in that Schedule to an “authorised person” are references to such a person.
2
Failure to comply with such a notice is an offence.
Powers to give directions
16
The Secretary of State in England and Wales, Scottish Ministers in Scotland and the Department of the Environment in Northern Ireland may, in relation to any application for an authorisation or consent, give to the competent authority directions as to whether the authorisation or consent is to be granted or refused and, if it is granted, the conditions to which it must be subject, and the competent authority must comply with the direction if this is compatible with these Regulations.
Fees
17
1
Section 41(1) of the Environment Act 1995 (power to make schemes imposing charges) is amended as follows —
a
omit the word “and” at the end of paragraph (d);
b
after paragraph (e), insert —
f
as a means of recovering costs incurred by it in performing functions conferred by regulations made for the purposes of implementing Council Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel (as amended from time to time), each of the new Agencies may require the payment to it of such charges as may from time to time be prescribed;
.
2
In order to meet any administrative costs incurred by them in determining authorisations and consents under these Regulations the Environment Agency may charge the fee of £1,528 per day, and the Scottish Environment Protection Agency may charge the fee of £891 per day, until a charging scheme under section 41 of the Environment Act 1995 to recover such costs takes effect, or until 1st April 2011, whichever is earlier.
3
In Northern Ireland, in order to meet any administrative costs incurred in determining authorisations and consents under these Regulations the Chief Inspector may charge the fee of £1,780.
4
Fees are payable on invoice, by the applicant in the case of an authorisation and by the intended recipient in the case of a consent.
Penalties
18
1
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both, or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
2
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate; or
b
any person who was purporting to act in any such capacity,
that person is guilty of the offence as well as the body corporate.
3
For the purposes of paragraph (2) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
4
Where an offence that has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of the offence.
Revocation
19
The Transfrontier Shipment of Radioactive Waste Regulations 1993 are revoked, subject to the following regulation.
Transitional provisions
20
1
Where a duly completed application has been submitted to the relevant competent authorities before 25th December 2008, the Transfrontier Shipment of Radioactive Waste Regulations 1993 apply to all shipment operations covered by that application provided that these are carried out within three years of the authorisation being granted.
2
When deciding on applications for authorisation submitted before 25th December 2008, for more than one shipment of radioactive waste or spent fuel to a third country of destination, the competent authority must take account of all relevant circumstances, and in particular —
a
the planned time schedule for carrying out all shipments covered by the same application;
b
the justification for including all shipments in the same application;
c
the appropriateness of authorising a number of shipments lower than that covered by the application.
Mike O’Brien
Minister of State
Department of Energy and Climate Change
30th November 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Housing and Regeneration Act 2008 (Commencement No. 2 and Transitional, Saving and Transitory Provisions) Order 2008.
2
In this Order —
“the 1993 Act ” means the Leasehold Reform, Housing and Urban Development Act 1993 ;
“ the Act ” means the Housing and Regeneration Act 2008;
“the CNT ” means the Commission for the New Towns;
“the HCA ” means the Homes and Communities Agency;
“the URA ” means the Urban Regeneration Agency;
“the commencement date” means 1st December 2008.
Commencement of certain provisions of Part 1 (provisions relating to the Homes and Communities Agency)
2
1
The following provisions of Part 1 of the Act shall come into force on the commencement date —
a
section 4 (powers: general), in relation to the powers brought into force by this Order;
b
sections 5 to 7 (general powers relating to land and infrastructure);
c
section 8 (powers to deal with land);
d
section 9 (acquisition of land) and Schedule 2;
e
section 10 (restrictions on disposal of land);
f
section 11 (main powers in relation to acquired land) and Schedule 3;
g
section 12 (powers in relation to statutory undertakers) and Schedule 4;
h
sections 13 to 16 (planning);
i
sections 17 and 18 (other powers in relation to land);
j
section 19(1) to (4) (financial assistance), except for the purpose of enabling the HCA to give financial assistance on condition that the recipient provides social housing, and section 19(5);
k
sections 20 to 23 (borrowing powers);
l
section 24 (power to charge);
m
section 25 (directions as to surplus funds);
n
sections 26 and 27 (duties to act as agent);
o
sections 28 to 30 (other functions: general);
p
sections 38 to 40 (information, education and guidance etc. );
q
section 41 (control of subsidiaries);
r
section 42 (agency arrangements with UDCs);
s
section 43 (acting with, or for, other persons: general);
t
section 45 (support services);
u
section 48 (consents of the Secretary of State);
v
section 50(2) (abolition of the Commission for the New Towns) and, with the exception of the provisions specified in paragraph (2), Schedule 5;
w
section 56 (consequential amendments) and, with the exception of the provisions specified in paragraph (3), Schedule 8 in so far as it is not already in force;
x
sections 57 and 58 (interpretation etc. of Part 1) so far as required for the interpretation of provisions commenced by this article.
2
The excepted provisions of Schedule 5 mentioned in paragraph (1)(v) are paragraphs 2 to 4, 10 to 24, 27, 28, 30 and 32.
3
The excepted provisions of Schedule 8 mentioned in paragraph (1)(w) are paragraphs 4(c) and (d), 13, 19(3)(a) and (b), 20(3), 21(3), 35, 44 to 50, 63, in so far as it relates to the repeal of section 158 of, and Schedules 17 and 18 to, the 1993 Act, 65 and 77(3).
Partial commencement of section 277 (provisions of Part 2 relating to regulation of social housing)
3
Section 277 of the Act (consequential amendments) shall come into force on the commencement date for the purpose of bringing into force paragraphs 4 and 6 of Schedule 9 to the Act.
Commencement of certain provisions of Part 3 (landlord and tenant and housing matters)
4
1
The following provisions of Chapter 2 of Part 3 of the Act shall come into force on the commencement date —
a
section 295 (management agreements: extending requirements to co-operate);
b
section 296 (requirements to co-operate in relation to certain disposals of land);
c
section 311 (disposals of dwelling-houses by local authorities) and Schedule 14.
2
The provisions of Chapter 2 of Part 3 of the Act mentioned in paragraphs (3) to (10) of this article shall come into force on the commencement date to the extent or for the purpose specified in relation to each such provision.
3
Subsections (5), (6), (8) and (9) of section 298 (family intervention tenancies: termination) for the purpose of enabling the Secretary of State to make regulations under subsection (5) or (8).
4
Section 299 (possession orders relating to certain tenancies) and Part 2 of Schedule 11 for the purpose of enabling the appropriate national authority to make orders under that Part of that Schedule.
5
Sections 301 and 302 (shared ownership leases) for the purpose of enabling the Secretary of State to make —
a
regulations prescribing requirements, exemptions, conditions and percentages, for the purposes of paragraphs 3A or 4A of Schedule 4A to the Leasehold Reform Act 1967 , and
b
orders under paragraph 4A of that Schedule.
6
Section 303 (service charges: provision of information etc.) and paragraphs 1 to 10 of Schedule 12 for the purpose of enabling the Secretary of State to make regulations under section 21 (service charges information) of the Landlord and Tenant Act 1985 .
7
Section 303 and paragraphs 11 to 13 of Schedule 12 for the purpose of enabling the Secretary of State to make regulations under section 42A (service charge contributions to be held in designated account) of the Landlord and Tenant Act 1987 .
8
Section 308 (former right to buy and other flats: service charge loans) in relation to loans in respect of service charges on flats in England only.
9
Section 309 (former right to buy and other flats: equity share purchases) for the purpose of enabling the Secretary of State to make regulations under section 450D of the Housing Act 1985 .
10
Section 315 (armed forces: local connection test) shall come into force in relation to applications —
a
for an allocation of housing accommodation, to which section 166 of the Housing Act 1996 applies; or
b
to which Part VII (homelessness), as applied by section 183(1) (application for assistance) of that Act, applies,
made on or after the commencement date.
11
Section 297 (family intervention tenancies: general) and, so far as not brought into force by paragraphs (2) and (3) of this article, section 298 (family intervention tenancies: termination) shall come into force on 1st January 2009.
Commencement of certain repeals and revocations
5
Section 321(1) (repeals) shall come into force on the commencement date, so far as it is not already in force, and so far as it relates to the entries in Schedule 16 to the Act relating to the repeals and revocations listed in the Schedule to this Order.
General saving provision
6
The amendments made by the provisions brought into force by this Order do not affect the validity of anything done (or having effect as if done) by or in relation to the URA or the CNT before the commencement date.
Transitional and saving provisions: functions transferred from the URA or the CNT to the HCA or the Welsh Ministers
7
1
Anything which, on the commencement date, is in the process of being done by or in relation to the transferor may, so far as it relates to any function transferred by a relevant enactment from the transferor to the transferee, be continued by or in relation to the transferee.
2
Anything done (or having effect as if done) by or in relation to the transferor for the purposes of or in connection with any function transferred by a relevant enactment from the transferor to the transferee shall, if in force or effective on the commencement date, have effect as if done by or in relation to the transferee so far as that is required for continuing its effect on or after the commencement date.
3
Any enactment, instrument or other document passed or made before the commencement date shall have effect, so far as necessary for the purposes of or in consequence of paragraph (1) or (2), as if any references (however expressed) to the transferor were references to the transferee.
4
The references in paragraphs (1) and (2) to things done include references to things omitted to be done.
5
In this article —
“relevant enactment” means —
in the case of a transfer from the URA to the HCA, paragraph 4 of Schedule 8 to the Act;
in the case of a transfer from the CNT to the HCA or the Welsh Ministers, paragraphs 8 and 31 of Schedule 5 to the Act and paragraphs 4 to 12, 17, 18, 36, 43, 61, 80 and 82 of Schedule 8 to the Act;
“the transferee” —
where the transferor is the URA, means the HCA;
where the transferor is the CNT, means the HCA or the Welsh Ministers;
“the transferor”, except in the definition of “the transferee”, means the URA or the CNT,
and the references in this paragraph to the HCA or the Welsh Ministers are to be read as including references to them acting in a particular capacity or in relation to particular matters.
Transitional provisions in relation to investigations under the Local Government Act 1974
8
An investigation may be begun in accordance with Part 3 of the Local Government Act 1974 (“the 1974 Act ”) on or after the commencement date in relation to actions or failures to act of the CNT or the URA before the commencement date, but in such a case the provisions of that Part shall have effect as if the actions or failures concerned were actions or failures of the HCA, and for this purpose and in particular —
a
section 26(7)(a) of the 1974 Act shall continue to have effect as though that subsection were not repealed by section 56 of, and paragraph 18 of Schedule 8 to, the Act; and
b
section 26(7)(ba) of the 1974 Act shall continue to have effect as though that subsection were not repealed in part and amended by section 56 of, and paragraph 18 of Schedule 8 to, the Act, but
c
the references to the CNT and the URA in each of those subsections respectively shall be construed as though they were references to the HCA.
Transitional provisions in relation to the acquisition of land etc.
9
1
This article is subject to article 10.
2
Anything which, on the commencement date, is in the process of being done by or in relation to the URA under a superseded enactment may be continued by or in relation to the HCA under the corresponding provision of the Act.
3
Any subordinate legislation or other thing done (or having effect as if done) by or in relation to the URA under or for the purposes of a superseded enactment shall, if in force or effective on the commencement date, have effect as if done by or in relation to the HCA under the corresponding provision of the Act so far as that is required for continuing its effect on and after the commencement date.
4
Any enactment, instrument or other document (including the Act) passed or made before the commencement date shall have effect, so far as necessary for the purposes of or in consequence of paragraph (2) or (3), as if —
a
any references (however expressed) to the HCA included, in relation to times, circumstances or purposes in relation to which any superseded enactment had effect, references to the URA;
b
any references (however expressed) to the corresponding provision of the Act included, in relation to times, circumstances or purposes in relation to which any superseded enactment had effect, references to the superseded enactment;
c
any references (however expressed) to the URA included, in relation to times, circumstances or purposes in relation to which any corresponding provision of the Act has effect, references to the HCA; and
d
any references (however expressed) to a superseded enactment included, in relation to times, circumstances or purposes in relation to which any corresponding provision of the Act has effect, references to the corresponding provision.
5
The references in paragraphs (2) and (3) to things done include references to things omitted to be done.
6
In this article “superseded enactment” means sections 162 and 169 of, and Schedule 20 to, the 1993 Act.
10
1
Paragraph (2) applies in relation to a compulsory purchase order which —
a
was made by the URA before the commencement date under section 162 of the 1993 Act but in respect of which the Secretary of State has not made a decision before that date; and
b
is treated by virtue of article 9 above as made by the HCA under section 9 of the Act.
2
Before the Secretary of State —
a
confirms the order under section 9 of, and Schedule 2 to, the Act on or after the commencement date; or
b
decides under the enactments applied by those provisions on or after that date to permit the HCA to exercise the power to confirm the order,
the Secretary of State must be satisfied that the acquisition of the land to which the order relates would have been within the powers of the URA when the order was made.
Transitional and saving provisions in relation to the planning functions of the URA
11
1
The repeal of sections 170 and 171 of the 1993 Act by paragraph 63(2) of Schedule 8 to the Act and the amendments to section 8A of the Town and Country Planning Act 1990 by paragraph 52 of Schedule 8 to the Act and to section 3 of the Planning (Hazardous Substances) Act 1990 by paragraph 54 of Schedule 8 to the Act do not apply in relation to anything which, on the commencement date, is in the process of being done by virtue of any of those sections by or in relation to the URA or is in force or effective by virtue of any of those sections, including by virtue of any order under section 170 conferring functions on the URA.
2
Sections 170 and 171 of the 1993 Act continue to apply in such cases but as if references to the URA (however expressed) in section 171 and in any order under section 170 were references to the HCA.
3
Anything which, on the commencement date, is in the process of being done by or in relation to the URA in such cases may be continued by or in relation to the HCA.
4
Anything done (or having effect as if done) by or in relation to the URA for the purposes of or in connection with such cases shall, if in force or effective on the commencement date, have effect as if done by or in relation to the HCA so far as that is required for continuing its effect on or after the commencement date.
5
Section 8A of the Town and Country Planning Act 1990 and section 3 of the Planning (Hazardous Substances) Act 1990 continue to apply unamended in such cases but as if references to the URA (however expressed) were references to the HCA.
6
The references in paragraphs (3) and (4) to things done include references to things omitted to be done.
7
Section 4 of the Act applies as if the reference in subsection (6)(a) of that section to sections 13 and 14 included a reference to paragraph (2) above.
8
The reference to Part 1 of the Act in section 26(7)(ba) of the Local Government Act 1974 shall be treated as including a reference to Part 3 of the 1993 Act for the purposes of any complaint about the conduct of the URA which is treated as conduct of the HCA by virtue of paragraphs (2) and (3) above.
Transitional and saving provisions in relation to landfill tax (contaminated land) provisions of the Finance Act 1996
12
1
The amendments to section 43A of the Finance Act 1996 by paragraph 64 of Schedule 8 to the Act do not apply in relation to anything which, on the commencement date, is in the process of being done by or on behalf of the URA or is in force or effective in relation to the URA by virtue of that section.
2
Section 43A of the Finance Act 1996 continues to apply for the purposes of such cases but as if references to the URA (however expressed) were references to the HCA.
3
The references in section 43B of the Finance Act 1996 to “the applicant” or a “person” (however expressed) where, before the commencement date, the applicant or person concerned would have been the URA shall, after the commencement date, have effect as if those references were to the HCA.
4
Section 43B(4) shall have effect in relation to a certificate issued to the URA as if for paragraph (b) there were substituted —
b
shall cease to have effect on such date as the Commissioners may set out in the certificate, but in any event no later than the day on which the HCA ceases to have the intention to carry out any activity involving reclamation of the land in relation to which the certificate was issued
.
Other transitional and saving provisions in relation to other functions of the URA
13
1
The repeal of section 164 of the 1993 Act by paragraph 63(2) of Schedule 8 to the Act does not apply in relation to any financial assistance given by the URA under that section before the commencement date, or affect the terms and conditions (if any) on which the financial assistance was given.
2
That section and the terms and conditions imposed by virtue of that section (if any) continue to apply in such cases but as if references to the URA (however expressed) were references to the HCA.
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
26th November 2008


text:
Citation and commencement
1
This Order may be cited as the Civil Enforcement of Parking Contraventions (County of Cornwall) Designation Order 2008 and shall come into force on 5th May 2008.
Designation of civil enforcement area and special enforcement area
2
1
Subject to paragraph (2), the Secretary of State designates the County of Cornwall as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
2
This Order will not apply to parking contraventions in relation to parking places provided or authorised under section 32(1)(a) or (b) of the Road Traffic Regulation Act 1984 by any of the councils for the following districts —
a
North Cornwall;
b
Penwith;
c
Carradon; and
d
Kerrier.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
Department for Transport
5th April 2008


text:
Citation and commencement
1
These Regulations may be cited as the Road User Charging (Enforcement and Adjudication) (London) (Amendment) Regulations 2008 and shall come into force on 20th August 2008.
Amendment to the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001
2
For regulation 3(2) of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 substitute —
2
To be qualified for appointment as an adjudicator, a person must satisfy the judicial-appointment eligibility condition within the meaning of section 50 of the Tribunals, Courts and Enforcement Act 2007 on a 5-year basis.
.
Jack Straw
Lord Chancellor
18th July 2008


text:
Title and commencement
1
This Order may be cited as the Plant Health (Forestry) (Amendment) Order 2008 and comes into force on 31st March 2008.
Amendments to the Plant Health (Forestry) Order 2005
2
1
The Plant Health (Forestry) Order 2005 is amended as follows.
2
In article 2(1), after the definition of “debarked” insert —
“Decision 2007/433/EC ” means Commission Decision 2007/433/EC on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O’Donnell, as amended from time to time;
.
3
In Schedule 1 —
a
after item 8 of “Insects, mites and nematodes” insert —
8A. Thaumetopoea processionea (L.), the Oak Processionary Moth
; and
b
after item 4 of “Fungi” insert —
4A. Gibberella circinata Nirenberg & O’Donnell, the cause of Pitch Canker
.
4
In Part A of Schedule 4, after item 21 insert —
21a. Trees intended for planting, including seeds and cones for propagation purposes, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC , originating in any third country Without prejudice to the requirements in items 18 to 21, 29 and 31 the trees shall be accompanied by an official statement that —
they originate in a place of production which is registered and supervised by the national plant protection organisation in the country of origin; and
they meet the requirements of paragraph (a), (b) or (c) of point I of Annex I to Decision 2007/433/EC
.
5
In Part B of Schedule 4 —
a
after item 3 insert —
3a. Trees intended for planting, including seeds and cones for propagation purposes, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC , originating in any third country Without prejudice to the requirements in items 2, 3 and 7, the trees shall be accompanied by an official statement that they have been grown in accordance with the specifications in paragraph (a), (b) or (c) of point II of Annex I to Decision 2007/433/EC
; and
b
after item 5a insert —
5b. Trees, other than seeds, of Quercus L., intended for planting Without prejudice to the requirements in items 5 and 7, the trees shall be accompanied by an official statement that they have been grown in a nursery and that no symptoms of Thaumetopoea processionea (L.) have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation
.
6
In Part A of Schedule 5, after item 1 insert —
1a. Seeds and cones, intended for propagating, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC .
.
7
In Part A of Schedule 6 and Part A of Schedule 7 —
a
in item 2, omit “, Quercus L.”; and
b
after item 3 insert —
4
Trees intended for planting, including seeds and cones intended for propagating, other than those in item 2, of the genera and species referred to in Article 1(2) of Decision 2007/433/EC .
5
Trees, other than seeds, whether or not prepared and ready for sale to the final consumer, of Quercus L., intended for planting.
.
The Official Seal of the Forestry Commissioners
Wilma Harper
Secretary to the Forestry Commissioners
7th March 2008


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Insurance Companies (Reserves) (Tax) (Amendment) Regulations 2008 and shall come into force on 30th October 2008.
2
These Regulations shall have effect in relation to accounting periods beginning on or after 6th April 2008 and ending on or after the day on which these Regulations come into force.
Amendment to the Insurance Companies (Reserves) (Tax) Regulations 1996
2
The Insurance Companies (Reserves) (Tax) Regulations 1996 are amended as follows.
Amendments of regulation 2 (interpretation)
3
1
Paragraph (1) of regulation 2 is amended as follows.
2
In the definition of “the Board” for “Commissioners of Inland Revenue” substitute “Commissioners for Her Majesty’s Revenue and Customs”.
3
Omit the definition of “branch”.
4
In the definition of “ EEA firm” after “paragraph 5(d)” insert “or (da) ”.
5
In the definition of “equalisation reserve rules” for “Chapter 7.5 of the Integrated Prudential Sourcebook” substitute “Chapter 1.4 of INSPRU ”.
6
Omit the definition of “paragraph 52 method of accounting on a non-annual basis”.
7
Omit the definition of “the Prudential Sourcebook (Insurers) ”.
8
Insert the following definitions in the appropriate places —
“INSPRU” means the Prudential Sourcebook for Insurers made by the Financial Services Authority under the Financial Services and Markets Act 2000
,
“paragraph 58 method of accounting on a non-annual basis” means the method of accounting on a non-annual basis described in paragraph 58 of Schedule 3 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 ;
.
Omission of regulation 5 (non-annual accounts: tax returns prepared on an annual basis)
4
Omit regulation 5.
Amendment of regulation 7 (EEA firms and Treaty firms)
5
In regulation 7 for “branch”, wherever it occurs, substitute “permanent establishment”.
Amendment of regulation 8A (certain insurance business carried on outside the United Kingdom by a controlled foreign company – non-annual accounts but returns prepared on an annual basis)
6
1
Regulation 8A is amended as follows.
2
In paragraph (1) —
a
at the end of sub-paragraph (a) insert “and”,
b
in sub-paragraph (b) —
i
for “paragraph 52” substitute “paragraph 58”, and
ii
omit “, but”, and
c
omit sub-paragraph (c).
3
Omit paragraph (5).
4
For paragraph (6) substitute —
6
For the purposes of paragraph (4), accounts are prepared on an accident year basis where the accounts and statements required to be deposited with the Financial Services Authority pursuant to Chapter 9 of IPRU(INS) are prepared using Forms 21, 22 and 23 prescribed by the Accounts and Statements Rules contained in that Chapter.
.
5
Insert after paragraph (6) —
7
For the purposes of paragraph (6), “IPRU(INS)” means the Interim Prudential Sourcebook for Insurers made by the Financial Services Authority under the Financial Services and Markets Act 2000.
.
Amendment of regulation 8B (disapplication of regulations 8 and 8A where controlled foreign company prepares non-annual accounts and final replacement of the technical provision does not take place in conformity with the Companies Act)
7
In paragraph (a) of regulation 8B for “paragraph 52” substitute “paragraph 58”.
Amendment of regulation 9 (United Kingdom branches of companies not resident in the United Kingdom which maintain equalisation reserves by virtue of equalisation reserves rules)
8
1
Regulation 9 is amended as follows.
2
For “branch”, wherever it occurs, substitute “permanent establishment”.
3
In paragraph (2) for “return under section 11 of the Management Act” substitute “company tax return”.
Amendment of regulation 10 (double taxation relief)
9
1
Regulation 10 is amended follows.
2
For “branch”, wherever it occurs, substitute “permanent establishment”.
3
In paragraph (2)(a) for “branches” substitute “permanent establishments”.
Amendment of regulation 14 (application of provisions contained in Part 2 of these Regulations)
10
In regulation 14 omit “5,”.
Steve McCabe
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th October 2008


text:
Citation and commencement
1
1
This Order may be cited as the Firefighters’ Pension Scheme (Amendment) (England) Order 2008.
2
This Order shall come into force on 29 th February 2008, but —
a
the amendment made by article 2 and paragraph 1 of the Schedule so far as it relates to new rule B5A (entitlement to two pensions) shall have effect from 1st April 2007; and
b
the other amendments shall have effect from 1st July 2007.
Amendment of the Firemen’s Pension Scheme Order 1992
2
Schedule 2 to the Firemen’s Pension Scheme Order 1992 (in which is set out the Firefighters’ Pension Scheme), as it has effect in England , shall be amended in accordance with the Schedule to this Order.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
30th January 2008


text:
Citation and Commencement
1
These Regulations may be cited as the Student Fees (Amounts) (England) (Amendment) Regulations 2008 and come into force on 1st September 2009.
Increases to the prescribed basic and higher amounts
2
The Student Fees (Amounts) (England) Regulations 2004 are amended as follows:
a
in regulation 4 for “£1255” substitute “£1285” and for “£3145” substitute “£3225”, and
b
in regulation 5 for “£625” substitute “£640” and for “£1570” substitute “£1610”.
Revocation of the Student Fees (Amounts) (England) (Amendment) Regulations 2007
3
The Student Fees (Amounts) (England) (Amendment) Regulations 2007 are revoked.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
24th September 2008


text:
PART 1 GENERAL
Citation and commencement
1
This Order may be cited as the Wiltshire (Structural Change) 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 the Wiltshire council ;
“the 1972 Act ” means the Local Government Act 1972 ;
“article 7 functions” means the functions referred to in article 7;
“the 2009 election day ” means the ordinary day of election of councillors in 2009;
“the district councils” means the councils specified in article 4(b);
“the Implementation Executive” means the committee established (whether before or after the coming into force of this Order) for the purposes of article 6(3);
“the main transitional function” has the meaning given by article 6(1);
“the Wiltshire council” means the council of the county of Wiltshire; and
“Wiltshire”, except in the definition of “the Wiltshire council” and the second mention of those words in article 3(2), means the county of Wiltshire.
PART 2 ESTABLISHMENT OF SINGLE TIER LOCAL GOVERNMENT IN WILTSHIRE
Single tier local government in Wiltshire
3
1
On and after 1st April 2009 the Wiltshire council shall be the sole principal authority for Wiltshire.
2
For the purposes of enactments relating to local government, there shall be a new district, whose area shall be co-terminous with that of Wiltshire; and the name of that new district shall be Wiltshire.
Abolition of districts and winding up and dissolution of district councils
4
On 1st April 2009 —
a
the following districts shall be abolished —
i
Kennet,
ii
North Wiltshire,
iii
Salisbury, and
iv
West Wiltshire; and
b
the following councils shall be wound up and dissolved —
i
Kennet District Council,
ii
North Wiltshire District Council,
iii
Salisbury District Council, and
iv
West Wiltshire District Council.
Cessation of term of office of district councillors
5
Every person who holds office as a councillor of one of the district councils immediately before 1st April 2009 shall cease to hold office on that date.
PART 3 TRANSITIONAL FUNCTIONS AND THEIR DISCHARGE
Transitional functions of the Wiltshire council and establishment of Implementation Executive
6
1
On the coming into force of this Order there shall be added to the functions of the Wiltshire council the function, which is to be exercisable only during the transitional period ending on the fourth day after the 2009 election day, of preparing for and facilitating the economic, effective, efficient and timely transfer of the district councils’ functions, property, rights and liabilities (“the main transitional function”).
2
Section 15 of the 2000 Act (discharge of functions: leader and cabinet executive) shall have effect in relation to the Wiltshire council and —
a
the main transitional function, and
b
the other transitional functions referred to in article 7 (“the article 7 functions”),
as if, in subsection (1), after the words “19 or 20,” there were inserted “or under the Wiltshire (Structural Change) Order 2008,”.
3
The Wiltshire council’s executive arrangements shall provide for the discharge of the main transitional function and the article 7 functions to be the responsibility of a committee of the council’s executive, to be known as the Implementation Executive.
4
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 (5), (6) and (8) to (11) of this article and article 8(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).
5
The Implementation Executive shall consist of —
a
the person who is for the time being the leader of the Wiltshire council’s executive;
b
eight persons nominated by the Wiltshire council who are for the time being members of that council; and
c
eight other persons, of whom each of the district councils shall nominate two, being persons who are for the time being members of the council by which they are nominated (whether or not including the leaders for the time being of those councils).
6
In making the nominations referred to in paragraph (5)(b) and (c), the Wiltshire council and the district councils 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 each represented on the Implementation Executive by at least one member.
7
It shall be the duty of the Wiltshire council and each of the district councils to co-operate in the establishment of the Implementation Executive.
8
The leader of the Implementation Executive shall be the person who is for the time being the leader of the Wiltshire council’s executive; and that person shall preside at all meetings of the Implementation Executive at which he is present.
9
The persons who, immediately before 1st April 2009, are members of the Implementation Executive by virtue of paragraph (5)(c) shall continue as members of the Executive notwithstanding that they cease on that date to be members of the district councils.
10
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 Executive) having one vote.
11
In the case of an equality of votes, the person presiding at the meeting (whether or not the leader of the Executive) shall have a casting vote, in addition to any other vote the person may have.
Other transitional functions
7
1
The other transitional functions referred to in article 6(2)(b), which are to be exercisable only during the transitional period ending on the fourth day after the 2009 election day, are —
a
such executive and non-executive functions of the Wiltshire council as exist on the date on which this Order is made; and
b
such other functions (including functions exercisable by all or any of the district councils, 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 may specify.
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
8
1
The discharge of the main transitional function and the article 7 functions shall be a responsibility of the Implementation Executive, and shall not be a responsibility of the executive of the Wiltshire council.
2
Section 15(7) 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, 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 any of the district councils.
3
Section 15(9) 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 (7) 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 any of the district councils.
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 the Wiltshire 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 8(6) of the Wiltshire (Structural Change) Order 2008”.
6
The Wiltshire council and the district councils may discharge jointly under arrangements under section 101(5) of the 1972 Act the functions of —
a
reviewing or scrutinising decisions made, or other action taken, by the Implementation Executive in connection with any matter of a description mentioned in paragraph (4); 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 the Wiltshire council and the district councils at least once in each period of three months beginning with the period ending on 31st March 2008 of —
a
the matters 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
9
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 the Implementation Executive considers necessary to secure the effective, efficient and timely discharge of the main transitional function and the article 7 functions; and
b
such budgets and plans as it considers necessary or desirable to facilitate the economic, effective, efficient and timely discharge of the Wiltshire 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 7 functions, and
c
discharging such other functions as may be conferred on it,
the Implementation Executive shall have regard to the information supplied by the Wiltshire council to the Secretary of State in support of its proposal for single tier local government in Wiltshire 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 the Wiltshire council, or
b
the proper officer of any of the district councils,
require the council referred to in the notice to take such action relevant to the main transitional function or any of the article 7 functions as may be specified in the notice.
4
In paragraph (3), “the proper officer”, means the officer appointed by the Wiltshire council or the district council concerned (as the case may be) for the purpose of receiving such notices.
Implementation Team
10
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 7 functions (“the Implementation Team”).
2
The members of the Implementation Team shall include officers from both the Wiltshire council and each of the district councils.
3
The leader of the Implementation Team shall be an officer of the Wiltshire council.
4
It shall be the duty of the Wiltshire council and each of the district councils to co-operate in the formation of the 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.
PART 4 DUTIES OF THE WILTSHIRE COUNCIL AND THE DISTRICT COUNCILS RELEVANT TO TRANSITION
General transitional duties of the Wiltshire council and the district councils
11
1
It shall be the duty of the Wiltshire council and the district councils —
a
to take, whether alone or in any combination, such steps as may be necessary to prepare for the transfer of the functions, property, rights and liabilities of the district councils;
b
to consult and co-operate with each other 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), the Wiltshire council and each of the district councils shall provide such information relating to its functions as any other of those councils 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 that the person is authorised (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.
PART 5 ELECTORAL MATTERS
Cancellation of parish council elections, etc
12
Notwithstanding section 16(3) of the 1972 Act (election of parish councillors) —
a
elections shall not be held in 2011 for the return of councillors to the council of any parish within Wiltshire; and
b
the term of office of parish councillors elected in 2007 or at any subsequent by-election held before the ordinary day of election of councillors in 2013 shall end on the fourth day after the ordinary day of election of councillors in 2013 .
2
Elections of parish councillors for those parishes in which, but for paragraph (1), elections would have been held in 2011 shall be held on the ordinary day of election of councillors in 2013 and every four years thereafter.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
25th February 2008


text:
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) (No.2) Order 2008 and shall come into force on 1st September 2008.
Establishment of safety zones
2
A safety zone is established around each installation specified in column 1 of the Schedule (being an installation stationed in waters to which subsection (7) of section 21 of the Petroleum Act 1987 applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by the authority of the Secretary of State for Work and Pensions.
William D McKenzie
Parliamentary Under Secretary of State
Department for Work and Pensions
11th August 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment) Order 2008 and shall come into force on 3rd June 2008.
2
In this Order, “the 2003 Order ” means the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 .
Amendment of 2003 Order
2
1
In article 11(11)(b)(i) of the 2003 Order, for “g. or h.” substitute “g., h. or i.”.
2
For Schedule 1 to the 2003 Order, substitute the provisions set out in Schedule 1 to this Order.
3
Schedule 2 to the 2003 Order is amended as set out in Schedule 2 to this Order.
4
In Schedule 5 to the 2003 Order, for “Council Regulation ( EC ) No. 394/2006 of 27 February 2006 (O.J. L 74, 13.3.2006, p.1).” substitute “Council Regulation (EC) No. 1183/2007 of 18 September 2007 (O.J. L 278, 22.10.2007, p.1).”.
5
References in —
a
the Trade in Goods (Control) Order 2003 , and
b
the Trade in Controlled Goods (Embargoed Destinations) Order 2004
to Schedule 1 to the 2003 Order shall be construed as references to that Schedule as substituted by this Order.
Malcolm Wicks
Minister of State for Energy
Department for Business, Enterprise and Regulatory Reform
10th May 2008