text:
PART 1 GENERAL
Citation and commencement
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2007.
2
This Order comes into force —
a
for the purposes of enabling applications to be made, pursuant to the amendments made to article 72B of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 by article 2 of this Order, for —
i
a Part IV permission, or a variation of a Part IV permission, in relation to activities of the kind specified by article 21, 25(1), 25(2), 39A, 53 or, so far as relevant to any such activity, article 64 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001; or
ii
the Authority’s approval under section 59 of the Financial Services and Markets Act 2000 in relation to any of those activities,
on 30th June 2008;
b
for all other purposes, on 1st January 2009.
PART 2 AMENDMENT OF THE REGULATED ACTIVITIES ORDER
Amendment of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
2
1
Article 72B of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (activities carried on by a provider of relevant goods or services) is amended as follows.
2
For paragraph (1)(d)(ii) substitute —
ii
damage to, or loss of, baggage and other risks linked to the travel booked with the provider (“travel risks”) in circumstances where —
aa
the travel booked with the provider relates to attendance at an event organised or managed by that provider and the party seeking insurance is not an individual (acting in his private capacity) or a small business; or
bb
the travel booked with the provider is only the hire of an aircraft, vehicle or vessel which does not provide sleeping accommodation
.
3
In paragraph (1) at the end of the definition of “provider” insert —
For these purposes, the transfer of possession of an aircraft, vehicle or vessel under an agreement for hire which is not —
a hire-purchase agreement within the meaning of section 189(1) of the Consumer Credit Act 1974 , or
any other agreement which contemplates that the property in those goods will also pass at some time in the future,
is the provision of a service related to travel, not a supply of goods.”
“small business” means —
a
subject to paragraph (b) a sole trader, body corporate, partnership or an unincorporated association which had a turnover in the last financial year of less than £1,000,000;
b
where the business concerned is a member of a group within the meaning of section 262(1) of the Companies Act 1985 (and after the repeal of that section within the meaning of section 474(1) of the Companies Act 2006 ), reference to its turnover means the combined turnover of the group.
“turnover” means the amounts derived from the provision of goods and services falling within the business’s ordinary activities, after deduction of trade discounts, value added tax and any other taxes based on the amounts so derived.
.
PART 3 TRANSITIONAL PROVISIONS
Interpretation
3
In this Part —
“ the Act ” means the Financial Services and Markets Act 2000;
“commencement” means the beginning of 1st January 2009;
“the Regulated Activities Order ” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.
Interim permission
4
1
This article applies where —
a
a person who is a provider within the meaning of article 72B of the Regulated Activities Order (“the applicant”) has submitted to the Authority an application for Part IV permission or a variation of a Part IV permission to the extent that the application —
i
relates to an activity of the kind specified in any of the following articles of the Regulated Activities Order —
aa
article 21 (dealing in investments as agent);
bb
article 25(1) and (2) (arranging deals in investments);
cc
article 39A (assisting in the administration and performance of a contract of insurance);
dd
article 53 (advising on investments); or
ee
article 64 (agreeing to carry on specified kinds of activity) in so far as it relates to any of the activities mentioned in (aa) to (dd); and
ii
is made pursuant to the amendments made to article 72B of the Regulated Activities Order by article 2 of this Order;
b
the Authority received the application on or before 15th November 2008; and
c
the application has not been finally decided before commencement.
2
The applicant is to be treated as having on commencement the permission to which the application relates.
3
A permission which an applicant is to be treated as having is referred to in this Part as an “interim permission”.
4
Without prejudice to the exercise by the Authority of its powers under Part 4 of the Act, an interim permission lapses —
a
when the application has been finally decided; or
b
at the end of 31st December 2009,
whichever is the earlier.
5
In this article “finally decided” means —
a
when the application is withdrawn;
b
when the Authority grants permission under section 42 of the Act (giving permission) to carry on the activity in question;
c
when the Authority varies a permission under section 44 of the Act (variation etc. at request of authorised person) to add the activity in question;
d
where the Authority has refused an application and the matter is not referred to the Tribunal, when the time for referring the matter to the Tribunal has expired;
e
where the Authority has refused an application and the matter is referred to the Tribunal, when —
i
if the reference is determined by the Tribunal (including a determination following remission back to the Tribunal for rehearing in accordance with section 137(3)(a) of the Act (appeal on a point of law)), the time for bringing an appeal has expired; or
ii
on an appeal from a determination by the Tribunal on a point of law, the Court itself determines the application in accordance with section 137 of the Act.
6
An applicant who is treated as having an interim permission may not withdraw the application without first obtaining the consent of the Authority.
7
Where —
a
the Authority exercises its powers under section 45 (variation etc. on the Authority’s own initiative) in relation to an authorised person who holds an interim permission; and
b
as a result of the variation there are no longer any regulated activities for which the authorised person has permission,
the Authority must, once it is satisfied that it is no longer necessary to keep the interim permission in force, cancel it.
Interim approval
5
1
This article applies where —
a
the applicant (within the meaning of article 4(1)(a)) has submitted to the Authority an application made under section 60 of the Act (applications for approval) pursuant to the amendments made to article 72B of the Regulated Activities Order by article 2 of this Order; and
b
the application has not been finally decided before commencement.
2
The person in respect of whom the application is made is to be treated as having on commencement the approval of the Authority for the purposes of section 59 of the Act (approval for particular arrangements) in relation to the functions to which the application relates.
3
An approval which a person is to be treated as having is referred to in this Part as an “interim approval”.
4
Without prejudice to the exercise by the Authority of its powers under Part 5 of the Act, an interim approval lapses —
a
when the application has been finally decided; or
b
at the end of 31st December 2009,
whichever is the earlier.
5
In this article, “finally decided” means —
a
when the application is withdrawn;
b
when the Authority grants the application for approval under section 62 of the Act (applications for approval: procedure and right to refer to the Tribunal);
c
where the Authority has refused an application and the matter is not referred to the Tribunal, when the time for referring the matter to the Tribunal has expired;
d
where the Authority has refused an application and the matter is referred to the Tribunal, when —
i
if the reference is determined by the Tribunal (including a determination following remission back to the Tribunal for rehearing in accordance with section 137(3)(a) of the Act), the time for bringing an appeal has expired; or
ii
on an appeal from a determination by the Tribunal on a point of law, the Court itself determines the application in accordance with section 137 of the Act.
Application of the Authority’s rules etc to persons with an interim permission or an interim approval
6
1
The Authority may direct in writing that any relevant provision which would otherwise apply to a person by virtue of his interim permission or interim approval is not to apply or is to apply to him as modified in the way specified in the direction.
2
Where the Authority makes a rule, gives guidance or issues a statement or code which applies only to persons with an interim permission or an interim approval (or only to a class of such persons), sections 65 (statements and codes: procedure), 155 (consultation) and 157(3) (guidance) of the Act do not apply to that rule, guidance, statement or code.
3
For the purposes of paragraph (1) a “relevant provision” is any provision made as a result of the exercise by the Authority of any of its legislative functions mentioned in paragraph 1(2) of Schedule 1 to the Act (the Financial Services Authority).
Application of the Act to persons with an interim permission or an interim approval.
7
1
This article applies to every person with interim permission.
2
For the purpose of section 20 (authorised persons acting without permission), a person’s interim permission is treated as having been given to him under Part 4 of the Act.
3
A person’s interim permission is to be disregarded for the purposes of —
a
section 38(2) (exemption orders);
b
section 40(2) (application for permission);
c
subject to article 8(4), section 42 (giving permission);
d
section 43 (imposition of requirements); and
e
section 44(1), (4) and (5) (variation etc. at request of authorised person).
8
1
This article applies to a person who falls within section 31(1) (authorised persons) by virtue only of having an interim permission.
2
A person with an interim permission is to be treated on or after commencement as an authorised person for the purposes of the Act (and any provision made under the Act), unless otherwise expressly provided for by this Part.
3
For the purposes of section 21(2) (restrictions on financial promotion), a person with an interim permission is not to be treated as an authorised person for the purposes of communicating or approving the content of a communication except where the communication invites or induces a person to enter into (or offer to enter into) an agreement the making or performance of which constitutes a controlled activity which corresponds to a regulated activity which is covered by his interim permission.
4
A person with an interim permission may still be an appointed representative within the meaning of section 39(2) (exemption of appointed representatives) (and hence may be treated as exempt from the general prohibition as a result of section 39(1) for the purposes of section 42(3)(a) (giving permission)).
5
Subsection (3)(a) of section 213 (the compensation scheme) does not apply to —
a
a person who is a relevant person, within the meaning of that section, by virtue only of having an interim permission; or
b
an appointed representative of such person.
9
A person with an interim approval is to be treated on or after commencement as an approved person for the purposes of the Act (and any provision made under the Act).
Frank Roy
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
13th December 2007


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A435 Trunk Road (Warwickshire and Worcestershire) (Detrunking) Order 2007 and shall come into force on 28th January 2008.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the folio numbered HA/10/ TD /025 consisting of 1 sheet marked “The A435 Trunk Road (Warwickshire and Worcestershire) (Detrunking) Order 2007 signed by the authority of the Secretary of State for Transport and deposited at the ODPM –DfT Records Management Branch, Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the Birmingham to Alcester Trunk Road (A435).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport
Graham Bowskill
A Divisional Director Highways Agency
26th November 2007


text:
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 2007 and comes into force on 1st April 2007.
2
In Schedule 1 to the Value Added Tax Act 1994 (registration in respect of taxable supplies) —
a
in paragraph 1(1)(a) and (b) and (2)(a) and (b), for “£61,000” substitute “£64,000”; and
b
in paragraphs 1(3) and 4(1) and (2), for “£59,000” substitute “£62,000”.
3
In Schedule 3 to the Value Added Tax Act 1994 (registration in respect of acquisitions from other member States) —
a
in paragraph 1(1) and (2), and
b
in paragraph 2(1)(a) and (b) and (2),
for “£61,000” substitute “£64,000”.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lewisham Primary Care Trust (Transfer of Trust Property) Order 2007 and shall come into force on 1 st April 2007.
2
In this Order —
“the Trust” means the Lewisham Primary Care Trust;
“the new trustees” means the trustees for the Guy’s and St. Thomas’ National Health Service Foundation Trust ; and
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the Trust and the new trustees and signed on behalf of the Trust on 28 th July 2006 and on behalf of the new trustees on 6 th August 2006.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the Trust to the new trustees.
2
In any instrument relating to the trust property, any reference to the trustees of the trust property or the Trust shall be construed as a reference to the new trustees.
Signed by authority of the Secretary of State for Health
Andy Burnham
Minister of Health
Department of Health
26th February 2007


text:
Citation and commencement
1
1
These Regulations may be cited as the Income Tax (Exemption of Minor Benefits) (Amendment) Regulations 2007 and shall come into force on 14th August 2007.
2
These Regulations shall have effect for the tax year 2007-8 and subsequent tax years.
Amendment of the Income Tax (Exemption of Minor Benefits) Regulations 2002
2
1
The Income Tax (Exemption of Minor Benefits) Regulations 2002 are amended as follows.
2
At the appropriate places in regulation 2 (interpretation) insert —
“health screening” means an assessment to identify employees who might be at a particular risk of ill health;
,
“medical check-up” means a physical examination of an employee by a health professional which is limited to determining that employee’s state of health;
.
3
After regulation 6 (exemption in respect of the provision of recreational facilities and subsidised meals to third parties) add —
Exemption in respect of the provision of health screening and medical check-ups
7
1
There is no charge to tax under Chapter 10 of Part 3 (taxable benefits: residual liability to charge) of ITEPA in respect of the provision to an employee, on behalf of an employer, of one health screening and one medical check-up each year.
2
In order for this regulation to apply —
a
health screenings must be available to all employees, and
b
medical check-ups must be available to either —
i
all employees, or
ii
those employees who have been identified in a health screening as requiring a medical check-up.
.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd July 2007


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Scheme 2007 and shall come into force on 11th April 2007.
2
In this Scheme —
“lesser incapacity allowance” means the allowance payable in accordance with article 5 of the principal Scheme;
“the operative date” means 11th April 2007; and
“the principal Scheme” means the Workmen’s Compensation (Supplementation) Scheme 1982 .
Amendment of article 5 of the principal Scheme
2
In article 5(2) (lesser incapacity allowances under scheme) of the principal Scheme, for “12th April 2006” substitute “11th April 2007”.
Substitution of Schedule 1 to the principal Scheme
3
For Schedule 1 (table of rates) to the principal Scheme substitute the following —
SCHEDULE 1
Article 5
PART 1 TABLE OF RATES OF LESSER INCAPACITY ALLOWANCE FOR BENEFICIARIES TO WHOM ARTICLE 5(2) APPLIES
Rate of lesser incapacity allowance from 12th April 2006 to 10th April 2007 Rate of lesser incapacity allowance from 11th April 2007
£ £ 3.90 4.05 10.50 10.90 17.70 18.35 25.70 26.60 36.90 38.20 46.95 48.65
PART 2 TABLE OF LOSS OF EARNINGS AND CORRESPONDING RATES OF LESSER INCAPACITY ALLOWANCE
Loss of earnings Rate of lesser incapacity allowance
£ £ 13.20 4.05 28.90 10.90 44.75 18.35 52.85 26.60 64.50 38.20 Over 64.50 48.65
Transitional provision
4
1
Where a beneficiary was, before the operative date, in receipt of lesser incapacity allowance and the final calculation of loss of earnings required by article 7(2) of the principal Scheme had not been made in respect of him by that date, the beneficiary is treated as entitled, from that date, to an allowance at the same rate as if the final calculation had been made before that date.
2
This paragraph applies to a case where lesser incapacity allowance is payable in respect of a period before the operative date and the claim for the allowance was either —
a
not made before the operative date and the allowance is awarded for a period beginning on or after that date at one of the rates shown in the second column of Part 2 of Schedule 1 to the principal Scheme (as amended by this Scheme); or
b
made but not determined before the operative date.
3
In a case to which paragraph (2) applies, the rate payable in respect of the period before the operative date is that which would have been payable had the amendment to the principal Scheme made by article 3 of this Scheme not been made.
4
Where a lesser incapacity allowance has been awarded before the operative date and a question arises as to the weekly rate payable in consequence of this Scheme —
a
the case shall be reconsidered in the light of the amendments made by, and transitional provisions contained in, this Scheme; and
b
the allowance continues to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
8th March 2007
We consent,
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2007


text:
Citation, commencement and application
1
1
This Order may be cited as the Housing (Right to Buy)(Service Charges)(Amendment)(England) Order 2007 and shall come into force on 26 th March 2007.
2
This Order applies in England only.
Amendment of the Housing (Right to Buy)(Service Charges) Order 1986
2
In Article 2 (interpretation) of the Housing (Right to Buy)(Service Charges) Order 1986 , for the definition of “index figure” substitute―
“index figure” means an index figure, other than a provisional index figure, in the table of “Output Deflators for Direct Labour: Public Housing Repairs and Maintenance” in the “Quarterly building price and cost indices: public sector construction works” published by the Department for Trade and Industry,
.
Signed by authority of the Secretary of State for Communities and Local Government
Yvette Cooper
Minister of State
Department for Communities and Local Government
13th February 2007


text:
Preliminary
Citation, commencement and effect
1
1
These Regulations may be cited as the Taxation of Insurance Securitisation Companies Regulations 2007 and shall come into force on 28th December 2007 immediately after the coming into force of the Taxation of Securitisation Companies (Amendment No. 2) Regulations 2007 .
2
These Regulations have effect from the beginning of periods of account beginning on or after 1st January 2007 and current on 4th December 2007.
Interpretation
2
1
In these Regulations —
“capital market arrangement” and “capital market investment” have the same meaning as in section 72B(1) of the Insolvency Act 1986 (see paragraphs 1, 2 and 3 of Schedule 2A to that Act);
“ ICTA ” means the Income and Corporation Taxes Act 1988 ;
“independent persons” means persons who are not connected with a company (and see paragraph (2));
“insurance special purpose vehicle” and “Insurance Prudential Sourcebook” have the same meanings as in section 431(2) of ICTA .
2
Section 839 of ICTA (connected persons) applies for the purposes of the definition of “independent persons”, except that in applying the definition of “control” in that section a person is not to be treated as a participator in a company by reason only that he is a loan creditor of the company.
Scope of these Regulations
3
1
These Regulations make provision as to the application of the Corporation Tax Acts in relation to an insurance securitisation company.
2
The Regulations deal with the following matters —
a
they define “insurance securitisation company” (see regulation 4);
b
they provide that the Regulations do not apply if an insurance securitisation company has an unallowable purpose (see regulation 5);
c
they make provision for the application of accounting standards to an insurance securitisation company (see regulation 6);
d
they make supplementary provision in relation to the application, modification and non-application of provisions of the Corporation Tax Acts (see regulations 7 to 11).
Insurance securitisation companies
Meaning of insurance securitisation company
4
1
For the purposes of these Regulations an “insurance securitisation company” means a company that is an insurance special purpose vehicle and —
a
meets conditions A to C, or
b
whose liabilities representing debtor relationships are owed wholly or mainly to a note-issuing company or intermediate borrowing company within the Taxation of Securitisation Companies Regulations 2006 .
2
Condition A is that the company is within section 84(2)(a) of the Finance Act 2005.
3
Condition B is that the securities that represent the capital market investment referred to in section 84(2)(a)(ii) of that Act are issued wholly or mainly to independent persons.
4
Condition C is that the total value of the capital market investments made under the capital market arrangement referred to in section 84(2)(a)(iii) of that Act is at least £10 million.
Insurance securitisation companies that have an unallowable purpose
5
1
These Regulations do not apply or will cease to apply to an insurance securitisation company that —
a
has an unallowable purpose, or
b
at any time has had an unallowable purpose.
2
Where these Regulations cease to apply by virtue of this regulation the accounting period of the company shall end.
3
For the purpose of these Regulations an insurance securitisation company has an unallowable purpose if the purpose for which the company is a party to —
a
the capital market arrangement,
b
any related transaction, or
c
any transaction in pursuance of the capital market arrangement,
includes a purpose which is not amongst the business or other commercial purposes of the company.
4
If one of the purposes for which an insurance securitisation company is at any time a party to —
a
any capital market arrangement,
b
any related transaction in the case of any capital market arrangement, or
c
any transaction in pursuance of any capital market arrangement,
is a tax avoidance purpose, that purpose shall be taken to be a business or other commercial purpose of the company only where it is not the main purpose, or one of the main purposes, for which the company is party to the arrangements or transaction at that time.
5
For the purpose of this regulation —
a
one or more transactions are to be regarded as related transactions, in the case of any arrangements, if it would be reasonable to assume, from either or both of —
i
the likely effect of the transactions, and
ii
the circumstances in which the transactions are entered into or effected,
that none of the transactions would have been entered into or effected independently of the arrangements; and
b
transactions are not prevented from being related transactions, in the case of any arrangements, just because the transactions —
i
are not between the same parties, or
ii
are not between the parties to the capital market arrangements.
6
In this regulation —
“tax avoidance purpose” means any purpose that consists in securing a tax advantage for any other person;
“tax advantage” has the same meaning as in section 840ZA of ICTA (tax avoidance) .
Application of accounting standards to insurance securitisation companies
6
For the purposes of the Corporation Tax Acts as they apply to an insurance securitisation company, generally accepted accounting practice shall be taken to be UK generally accepted accounting practice as it applied for a period of account ending on 31 December 2006 but excluding the application of Financial Reporting Standard 26 issued in December 2004 by the Accounting Standards Board.
Supplementary provisions
Application, modification and non-application of provisions of the Corporation Tax Acts
7
In relation to an insurance securitisation company the provisions of the Corporation Tax Acts have effect in accordance with regulations 8 to 11.
ICTA
8
1
ICTA has effect as follows.
2
In section 209(2) (meaning of distribution) paragraphs (b) to (f) shall not apply in relation to any interest paid or other distribution made by an insurance securitisation company.
3
For the purposes of Chapter 4 of Part 10 (group relief) an insurance securitisation company shall not be treated as the member of any group or consortium.
The Taxation of Chargeable Gains Act 1992
9
1
Taxation of Chargeable Gains Act 1992 has effect as follows.
2
Section 171 (transfers within a group: general provisions) shall not apply if “company B” in subsection (1) of that section is an insurance securitisation company.
3
Section 179A (reallocation within group of gain or loss accruing under section 179) shall not apply if “company C” in that section is an insurance securitisation company.
The Finance Act 1996
10
1
The Finance Act 1996 has effect as follows.
2
In Schedule 9 (loan relationships: special computational provisions) —
a
paragraph 2 (late interest) shall not apply if the person standing in the position of a creditor as respects a loan relationship within that paragraph is an insurance securitisation company;
b
paragraph 12 (continuity of treatment: groups etc ) shall not apply if the “transferee company” or “transferor company” in subparagraph (1) of that paragraph is an insurance securitisation company;
c
paragraph 17 (deeply discounted securities where companies have a connection) shall not apply if the “issuing company” or the company standing in the position of a creditor in subparagraph (1) of that paragraph is an insurance securitisation company;
d
paragraph 18 (deeply discounted securities of companies) shall not apply if the “issuing company” or the company standing in the position of a creditor in subparagraph (1) of that paragraph is an insurance securitisation company.
The Finance Act 2002
11
1
The Finance Act 2002 has effect as follows.
2
Paragraph 28 of Schedule 26 (derivative contracts: transactions within groups) shall not apply if the “transferee company” or “transferor company” in subparagraph (1) of that paragraph is an insurance securitisation company.
Alan Campbell
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
4th December 2007


text:
Citation and commencement
1
This Order may be cited as the Railways Pensions Guarantee (Prescribed Persons) Order 2007 and shall come into force on 1st August 2007.
Prescribed persons
2
For the purpose of determining whether the 1994 Pensioners’ Section of the Railways Pension Scheme satisfies the conditions in paragraph 11(3) of Schedule 11 to the Railways Act 1993 there shall be disregarded the membership of that section of any persons admitted to membership of that section with effect from 30th December 2000 who were formerly members of the BR Section of the Railways Pension Scheme.
Signed by the authority of the Secretary of State for Transport
Tom Harris
Parliamentary Under Secretary of State
Department for Transport
4th June 2007


text:
Citation
1
This Order may be cited as the Holy Family Roman Catholic and Church of England College (Designation as having a Religious Character) Order 2007.
Designation of School
2
1
The Holy Family Roman Catholic and Church of England College, Pot Hall, Wilton Grove, HEYWOOD, Lancashire, OL10 2AA, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Roman Catholic/Church of England.
Julian Butcher
A Divisional Manager in the
Department for Children, Schools and Families
10th July 2007


text:
Citation and commencement
1
These Regulations may be cited as the Minibus and Other Section 19 Permit Buses (Amendment) Regulations 2007 and shall come into force on 1st April 2007.
Amendments
2
1
The Minibus and Other Section 19 Permit Buses Regulations 1987 are amended as follows.
2
In regulation 4(a), for “£19” substitute “£20”.
3
In regulation 4(b), for “£10” substitute “£11”.
Signed by authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
6th March 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Crime Prevention (Designated Areas) Order 2007 and comes into force on 1 st August 2007.
2
In this Order, “the map” means the map numbered 87 and entitled “Map referred to in the Crime Prevention (Designated Areas) Order 2007”, of which a print signed on behalf of the Secretary of State for Environment, Food and Rural Affairs is deposited, and available for inspection within office hours, at the offices of —
a
the Department for Environment, Food and Rural Affairs, at Zone 1/01, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6EB; and
b
Darlington Borough Council, at Town Hall, Darlington, DL1 5QT.
Designated area
2
The area hatched and edged red on the map is hereby designated for the purposes of section 118B of the Highways Act 1980.
Barry Gardiner
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
22nd June 2007


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Pay as You Earn) (Amendment No. 2) Regulations 2007, and shall come into force on 6th August 2007.
Amendment of the Income Tax (Pay As You Earn) Regulations 2003
2
The Income Tax (Pay as You Earn) Regulations 2003 are amended by inserting the following Chapter at the end of Part 4 (payments, returns and information) —
CHAPTER 4 DEBTS OF MANAGED SERVICE COMPANIES
Interpretation of Chapter 4
97A
1
In this Chapter —
“ HM Revenue and Customs” means Her Majesty’s Revenue and Customs;
“lower amount” means the amount mentioned in regulation 97C(5);
“managed service company” has the meaning given by section 61B of ITEPA ;
“paragraph (b) associate” means a person who —
is within section 688A(2)(d), and
is within that provision by virtue of a connection with a person who is within section 688A(2)(b);
“paragraph (c) associate” means a person who —
is within section 688A(2)(d), and
is within that provision by virtue of a connection with a person who is within section 688A(2)(c);
“qualifying period” means a tax period beginning on or after 6th August 2007;
“relevant PAYE debt” means a debt specified in regulation 97B;
“specified amount” means the amount mentioned in regulation 97C(1)(b);
“transfer notice” means the notice mentioned in regulation 97C(4);
“transferee” means the person mentioned in regulation 97C(4).
2
In this Chapter references to section 688A, however expressed, are references to section 688A of ITEPA.
Relevant PAYE debts of managed service companies
97B
1
A managed service company has a relevant PAYE debt if —
a
a managed service company must pay an amount of tax for a qualifying period, and
b
one of conditions A to E is met.
2
Condition A is met if —
a
an amount of tax for a qualifying period has been determined in accordance with regulation 80 (determination of unpaid tax and appeal against determination), and
b
any part of the tax determined has not been paid within 14 days from the date on which the determination became final and conclusive.
3
Condition B is met if —
a
an employer delivers a return under regulation 73 (annual return of relevant payments) for the tax year 2007-08, or any later tax year, showing an amount of total net tax deducted by the employer for that tax year,
b
HM Revenue and Customs prepare a certificate under regulation 76 (certificate if tax in regulation 73 return is unpaid) showing how much of that amount remains unpaid, and
c
any part of that amount remains unpaid at the end of a period of 14 days beginning with the date on which the certificate is prepared.
4
Condition C is met if —
a
HM Revenue and Customs prepare a certificate under regulation 77(6) (return and certificate if tax may be unpaid) showing an amount of tax which the employer is liable to pay for a qualifying period, and
b
any part of that amount remains unpaid at the end of a period of 14 days beginning with the date on which the certificate is prepared.
5
Condition D is met if —
a
HM Revenue and Customs serve notice on an employer under regulation 78(4) (notice and certificate if tax may be unpaid) requiring payment of the amount of tax which they consider the employer is liable to pay, and
b
any part of that amount remains unpaid at the end of a period of 14 days beginning with the date on which the notice is prepared.
6
Condition E is met if —
a
HM Revenue and Customs prepare a certificate under regulation 79(2) (certificate after inspection of PAYE records) showing an amount of tax which it appears that the employer is liable to pay for a qualifying period,
b
HM Revenue and Customs make a written demand for payment of that amount of tax, and
c
any part of that amount remains unpaid at the end of a period of 14 days beginning with the date on which the written demand for payment is made.
Transfer of debt of managed service company
97C
1
This regulation applies if —
a
a managed service company has a relevant PAYE debt, and
b
an officer of Revenue and Customs is of the opinion that the relevant PAYE debt or a part of the relevant PAYE debt (the “specified amount”) is irrecoverable from the managed service company within a reasonable period.
2
HM Revenue and Customs may make a direction authorising the recovery of the specified amount from the persons specified in section 688A(2) (managed service companies: recovery from other persons).
3
Upon the making of a direction under paragraph (2), the persons specified in section 688A(2) become jointly and severally liable for the relevant PAYE debt, but subject to what follows.
4
HM Revenue and Customs may not recover the specified amount from any person in accordance with a direction made under paragraph (2) until they have served a notice (a “transfer notice”) on the person in question (the “transferee”).
5
If an officer of Revenue and Customs is of the opinion that it is appropriate to do so, HM Revenue and Customs may accept an amount less than the specified amount (the “lower amount”) from a transferee; but this acceptance shall not prejudice the recovery of the specified amount from any other transferee.
6
HM Revenue and Customs may not serve a transfer notice on a person mentioned in section 688A(2)(c), or on a paragraph (c) associate, if the relevant PAYE debt is incurred before 6th January 2008.
7
HM Revenue and Customs may not serve a transfer notice on a person mentioned in section 688A(2)(c), or on a paragraph (c) associate, unless an officer of Revenue and Customs certifies that, in his opinion, it is impracticable to recover the specified amount from persons mentioned in paragraphs (a) and (b) of section 688A(2) and from paragraph (b) associates.
8
In determining, for the purposes of paragraph (7), whether it is impracticable to recover the specified amount from persons mentioned in paragraphs (a) and (b) of section 688A(2) and from paragraph (b) associates, the officer of Revenue and Customs may have regard to all managed service companies in relation to which a person is a person mentioned in paragraph (a) or (b) of section 688A(2) or a paragraph (b) associate.
9
In determining which of the persons mentioned in section 688A(2)(c) and which of the paragraph (c) associates are to be served with transfer notices and the amount of those notices, HM Revenue and Customs must have regard to the degree and extent to which those persons are persons who (directly or indirectly) have encouraged or been actively involved in the provision by the managed service company of the services of the individual mentioned in that provision.
Time limits for issue of transfer notices
97D
1
A transfer notice must be served before the end of the period determined in accordance with this regulation.
2
Paragraphs (3) to (7) apply if the transfer notice is served on a person mentioned in paragraph (a) or (b) of section 688A(2) or on a paragraph (b) associate.
3
In a case in which condition A in regulation 97B is met, the transfer notice must be served before the end of a period of 12 months beginning with the date on which the determination became final and conclusive.
4
In a case in which condition B in regulation 97B is met, the transfer notice must be served before the end of a period of 12 months beginning with the date on which HM Revenue and Customs received the return delivered under regulation 73.
5
In a case in which condition C in regulation 97B is met, the transfer notice must be served before the end of a period of 12 months beginning with the date on which HM Revenue and Customs prepare the certificate under regulation 77(6).
6
In a case in which condition D in regulation 97B is met, the transfer notice must be served before the end of a period of 12 months beginning with the date on which HM Revenue and Customs serve notice to the employer under regulation 78(4).
7
In a case in which condition E in regulation 97B is met, the transfer notice must be served before the end of a period of 12 months beginning with the date on which HM Revenue and Customs carry out the inspection of the employer’s PAYE records.
8
If the transfer notice is served on a person mentioned in paragraph (c) of section 688A(2) or on a paragraph (c) associate, the transfer notice must be served before the end of a period of 12 months beginning with the date on which the officer of Revenue and Customs certifies the matters specified in regulation 97C(7).
Contents of transfer notice
97E
1
A transfer notice must contain the following information —
a
the name of the managed service company to which the relevant PAYE debt relates;
b
the address of the managed service company to which the relevant PAYE debt relates;
c
the amount of the relevant PAYE debt;
d
the tax periods to which the relevant PAYE debt relates;
e
if the tax periods to which the relevant PAYE debt relates are comprised in more than one tax year, the apportionment of the relevant PAYE debt among those tax years;
f
which of the conditions A to E specified in regulation 97B is met;
g
the transferee’s name;
h
the transferee’s address;
j
whether the transferee is a person mentioned in paragraph (a), (b) or (c) of section 688A, a paragraph (b) associate or a paragraph (c) associate;
k
if the transferee is a person mentioned in paragraph (c) of section 688A or a paragraph (c) associate —
i
the date on which the officer of Revenue and Customs certified the matters specified in regulation 97C(7), and
ii
the names of the persons from whom it has been impracticable to recover the specified amount;
l
the specified amount;
m
the tax periods to which the specified amount relates;
n
if the tax periods to which the specified amount relates are comprised in more than one tax year, the apportionment of the specified amount among those tax years;
o
the address to which payment must be sent;
p
the address to which an appeal must be sent.
2
The transfer notice may specify the lower amount if HM Revenue and Customs are prepared to accept the lower amount from the transferee.
3
The transfer notice must also contain a statement, made by the officer of Revenue and Customs serving the notice, that in his opinion the specified amount is irrecoverable from the managed service company within a reasonable period.
Payment of the specified amount
97F
1
If a transfer notice is served, the transferee must pay the specified amount to HM Revenue and Customs at the address specified in the transfer notice.
2
The transferee must pay the specified amount within 30 days beginning with the date on which the transfer notice is served (the “specified period”).
3
If a transfer notice is served on a person mentioned in paragraph (a) or (b) of section 688A(2), or on a paragraph (b) associate, the specified amount carries interest from the reckonable date until the date on which payment is made.
4
If a transfer notice is served on a person mentioned in paragraph (c) of section 688A(2), or on a paragraph (c) associate, the specified amount carries interest from the day following the expiry of the specified period until the date on which payment is made.
Appeals
97G
1
A transferee may appeal against the transfer notice.
2
A notice of appeal must —
a
be given to HM Revenue and Customs at the address specified in the transfer notice within 30 days beginning with the date on which the transfer notice was served, and
b
specify the grounds of the appeal.
3
The grounds of appeal are any of the following —
a
that the relevant PAYE debt (or part of the relevant PAYE debt) is not due from the managed service company to HM Revenue and Customs;
b
that the specified amount does not relate to a company which is a managed service company;
c
that the specified amount is not irrecoverable from the managed service company within a reasonable period;
d
that the transferee is not a person mentioned in section 688A(2);
e
that the transferee was not a person mentioned in section 688A(2) during the tax periods to which the specified amount relates;
f
that the transferee was not a person mentioned in section 688A(2) during some part of the tax periods to which the specified amount relates;
g
that the transfer notice was not served before the end of the period specified in regulation 97D;
h
that the transfer notice does not satisfy the requirements specified in regulation 97E;
j
in the case of a transferee mentioned in section 688A(2)(c) or of a paragraph (c) associate, that it is not impracticable to recover the specified amount from persons mentioned in paragraphs (a) and (b) of section 688A(2) or from paragraph (b) associates;
k
in the case of a transferee mentioned in section 688A(2)(c) or of a paragraph (c) associate, that the amount specified in the transfer notice does not have regard to the degree and extent to which the transferee is a person who (directly or indirectly) has encouraged or been actively involved in the provision by the managed service company of the services of the individual mentioned in that provision.
4
Paragraph (3)(a) is subject to regulation 97H(4).
5
The appeal is to the Special Commissioners.
Procedure on appeals
97H
1
On an appeal the Special Commissioners shall uphold or quash the transfer notice.
2
The general rule in paragraph (1) is subject to the following qualifications.
3
In the case of the ground of appeal specified in regulation 97G(3)(a), the Special Commissioners shall investigate the matter and shall —
a
uphold the amount of the relevant PAYE debt specified in the transfer notice, or
b
reduce or increase the amount of the relevant PAYE debt specified in the transfer notice to such amount as in their opinion is just and reasonable.
4
If the Special Commissioners determine the amount of the relevant PAYE debt of a managed service company under paragraph (3), that amount is conclusive as to the amount of that relevant PAYE debt in any later appeal relating to that debt.
5
In the case of the ground of appeal specified in regulation 97G(3)(f), the Special Commissioners may reduce the amount specified in the transfer notice to an amount determined in accordance with the equation —
R A =
P
T P
× A S
6
In paragraph (5) —
RA means the reduced amount;
P means the number of days in the tax periods specified in the transfer notice during which the transferee was a person mentioned in section 688A(2);
TP means the number of days in the tax periods specified in the transfer notice;
AS means the amount specified in the transfer notice.
7
In the case of the ground of appeal specified in regulation 97G(3)(k), the Special Commissioners may reduce the amount specified in the transfer notice to such amount as in their opinion is just and reasonable.
Withdrawal of transfer notices
97J
1
A transfer notice shall be withdrawn if the Special Commissioners quash it.
2
A transfer notice may be withdrawn if, in the opinion of an officer of Revenue and Customs, it is appropriate to do so.
3
If a transfer notice is withdrawn, HM Revenue and Customs must give written notice of that fact to the transferee.
Application of Part 6 of TMA
97K
1
For the purposes of this Chapter, Part 6 of TMA (collection and recovery) applies as if —
a
the transfer notice were an assessment, and
b
the amount specified in the transfer notice, and any interest payable on that amount under paragraph (3) or (4) of regulation 97F, were income tax charged on the transferee;
and that Part of that Act applies with the modification specified in paragraph (2) and any other necessary modifications.
2
Summary proceedings for the recovery of the specified amount may be brought in England and Wales or Northern Ireland at any time before the end of a period of 12 months beginning immediately after the expiry of the period mentioned in regulation 97F(2).
3
The specified amount is one cause of action or one matter of complaint for the purposes of proceedings under sections 65, 66 and 67 of TMA (magistrates’ courts, county courts and inferior courts in Scotland).
4
But paragraph (3) does not prevent the bringing of separate proceedings for the recovery of each of the amounts which the transferee is liable to pay for any tax period.
Repayment of surplus amounts
97L
1
This regulation applies if the amounts paid to HM Revenue and Customs in respect of a relevant PAYE debt exceed the specified amount.
2
HM Revenue and Customs shall repay the difference on a just and equitable basis and without unreasonable delay.
3
Interest on any sum repaid shall be paid in accordance with regulation 83 (interest on tax overpaid).
.
Mike Eland
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
20th July 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (England) (Amendment No. 4) Regulations 2007, and shall come into force on 2nd October 2007.
2
These Regulations apply in relation to local authorities in England.
Amendment
2
1
The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 are amended as follows.
2
In paragraph A (functions relating to town and country planning and development control) of Schedule 1 (functions not to be the responsibility of the authority’s executive) —
a
in the entry in column (2) relating to item 24, omit “27(2)” ;
b
in the entry in column (2) relating to item 26 —
i
for “the Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) Regulations 1990” substitute “the Planning (Listed Buildings and Conservation Areas) Regulations 1990 ( S.I. 1990/1519 )”;
ii
for “paragraphs 8, 15 and 22 of Department of the Environment Circular 14/97” substitute “paragraphs 8, 15 and 26 of Department of the Environment, Transport and the Regions Circular 01/01”;
c
in the entry in column (1) relating to item 28, for “unlisted” substitute “listed”; and
d
in the entries in column (2) relating to items 24 to 31, for the “Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990 (c.9) ”, substitute “the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) ”.
3
In paragraph B (licensing and registration functions) of Schedule 1 (functions not to be the responsibility of an authority’s executive) —
a
in the entry in column (2) relating to item 14AA, for “Gambling Act Order” substitute “2005 Act”;
b
in the entry in column (1) relating to item 14D, omit —
for offences under section 342 of the 2005 Act.
;
c
after item 14F, omit —
FA. Functions relating to smoke-free free premises, etc
(1)
Function
(2)
Function
1. Power to enforce offences relating to the display of no-smoking signs. Section 6(5) of the 2006 Act. 2. Power to enforce offences relating to smoking in smoke-free places. Section 7(4) of the 2006 Act. 3. Power to enforce offence of failing to prevent smoking in smoke-free places. Section 8(4) of the 2006 Act. 4. Power to transfer enforcement functions to another enforcement authority. Smoke-free (Premises and Enforcement) Regulations 2006 ( S.I. 2006/3368 ).
.
4
In paragraph D (functions relating to elections) —
a
in the entry in column (2) relating to item 7, for “Paragraph 4(3) and (4) of Schedule 1 to the European Parliamentary Elections Act 1978 (c.10) ” , substitute “Section 6(7) and (8) of the European Parliamentary Elections Act 2002 (c.24) .”;
b
in the entry in column (2), relating to item 8, for “Section 18” substitute “sections 18A to 18E of, and Schedule A1 to,” ; and
c
omit item 16 .
5
After paragraph F (power to make, amend, revoke, re-enact or enforce byelaws) insert —
FA. Functions relating to smoke-free premises, etc
(1)
Function
(2)
Provision of Act or Statutory Instrument
1. Duty to enforce Chapter 1 and regulations made under it. Section 10(3) of the 2006 Act. 2. Power to authorise officers. Section 10(5) of, and paragraph 1 of Schedule 2 to, the 2006 Act. 3. Functions relating to fixed penalty notices. Paragraphs 13, 15 and 16 of Schedule 1 to the 2006 Act.
Smoke-free (Vehicle Operators and Penalty Notices) Regulations 2007 ( S.I. 2006/760 ).
4. Power to transfer enforcement functions to another enforcement authority. Smoke-free (Premises and Enforcement) Regulations 2006 ( S.I. 2006/3368 ).
.
Revocation
3
Regulation 2(2)(o) of S.I. 2007/1950 is revoked.
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
5th September 2007


text:
Title, extent and commencement
1
These Regulations may be cited as the Charges for Residues Surveillance (Amendment) Regulations 2007, extend to Great Britain and come into force on 1st October 2007.
Amendment of the Charges for Residues Surveillance Regulations 2006
2
1
The Charges for Residues Surveillance Regulations 2006 shall be amended in accordance with this regulation.
2
In Schedule 1, for the table, substitute the table in the Schedule to these Regulations.
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
14th August 2007


text:
Part 1 Introduction
Citation, commencement and application
1
1
These Regulations may be cited as the School Governance (Constitution) (England) Regulations 2007 and come into force on 25th May 2007.
2
These Regulations apply only in relation to England.
Revocations and amendments
2
1
The School Governance (Constitution) (England) Regulations 2003 are revoked.
2
The School Governance (Constitution, Federations and New Schools) (England) (Amendment) Regulations 2005 are revoked.
3
In regulation 16(b) of the School Governance (Transition from an Interim Executive Board) (England) Regulations 2004 for “School Governance (Constitution) (England) Regulations 2003” substitute “School Governance (Constitution) (England) Regulations 2007”.
4
In regulation 6(4) of the School Governance (Collaboration) (England) Regulations 2003 for “under regulation 20 of, and paragraphs 2 to 11 of Schedule 6 to the School Governance (Constitution) (England) Regulations 2003” substitute “under regulation 21 of, and paragraphs 2 to 11 of Schedule 6 to the School Governance (Constitution) (England) Regulations 2007”.
Interpretation
3
1
In these Regulations —
“ EA 1996 ” means the Education Act 1996 ;
“ SSFA 1998 ” means the School Standards and Framework Act 1998 ;
“ EA 2002 ” means the Education Act 2002;
“parent” includes any individual who has or has had parental responsibility for, or cares or has cared for, a child or young person under the age of 18; and
“qualifying foundation school” means a foundation or a foundation special school which has a foundation established otherwise than under SSFA 1998, and whose instrument of government provides for the majority of governors to be foundation governors appointed by the foundation.
2
Any reference in these Regulations to —
a
the governing body or to the governing body of a school is a reference to the governing body of any maintained school to which the provision applies;
b
a governor is a reference to a member of a governing body of any school to which the provision applies;
c
the local education authority is a reference to the local education authority that maintains the school; and
d
a foundation or to a school having a foundation is to be read in accordance with section 21 of SSFA 1998.
Part 2 Categories of Governor
Parent governors
4
1
In these Regulations “parent governor” means —
a
a person who is elected in accordance with paragraphs 4 to 8 of Schedule 1 as a governor by parents of registered pupils at the school and is himself such a parent at the time when he is elected, or
b
where the school is a maintained nursery school, a person who is elected as a governor by —
i
parents of registered pupils at the school, or
ii
parents of children for whom educational or other provision is made on the premises of the school (including any such provision made by the governing body under section 27 of EA 2002),
and is himself such a parent at the time when he is elected, or
c
a person appointed as a parent governor in accordance with paragraphs 9 to 11 of Schedule 1.
2
A person is disqualified from election or appointment as a parent governor of a school if he is —
a
an elected member of the local education authority; or
b
paid to work at the school for more than 500 hours in any consecutive twelve month period.
3
A person is not disqualified from continuing to hold office as a parent governor when he ceases to be a parent of a registered pupil at the school or to fulfil any of the requirements set out in paragraphs 10 and 11 of Schedule 1 (as the case may be) unless he is otherwise disqualified under these Regulations.
Staff governors
5
1
In these Regulations “staff governor” means —
a
the head teacher, who is a staff governor by virtue of his office unless he resigns the position in accordance with regulation 23(1);
b
a person who is elected in accordance with Schedule 2 as a governor by persons who are paid to work at the school and is himself a person so working at the time when he is elected.
2
At least one staff governor (in addition to the head teacher) must be a school teacher unless no school teacher stands for election.
3
Where the school’s instrument of government specifies that there shall be three or more staff governors, at least one staff governor must be a person who is not a school teacher, unless no such person stands for election.
4
Upon ceasing to work at the school, a staff governor of a school is to be disqualified from continuing to hold office as such a governor.
LEA governors
6
1
In these Regulations “LEA governor” means a person who is appointed as a governor by the local education authority.
2
A person is disqualified from appointment as a LEA governor of a school if he is eligible to be a staff governor of the school.
Community governors
7
1
In these Regulations “community governor” means a person who is appointed as a governor by the governing body and who is —
a
a person who lives or works in the community served by the school, or
b
a person who, in the opinion of the governing body, is committed to the good government and success of the school.
2
In the case of a community special school or a foundation special school the governing body must appoint as one of the community governors a person nominated in accordance with Schedule 3.
3
A person is disqualified from appointment as a community governor of a school if he is —
a
eligible to be a staff governor of the school; or
b
an elected member of the local education authority.
Foundation governors
8
1
In these Regulations —
“foundation governor” means a person who is appointed as a governor otherwise than by the local education authority and who —
is appointed for the purposes of securing that the character of the school, including where the school has a particular religious character , such religious character, is preserved and developed, and
where the school has a foundation, is appointed for the purpose of securing that the school is conducted in accordance with the foundation’s governing documents, including, where appropriate, any trust deed relating to the school;
“ex officio foundation governor” means a foundation governor who is the holder of an office by virtue of which he is entitled to be a foundation governor;
“substitute governor” means a foundation governor appointed to act in the place of an ex officio foundation governor who is unwilling or unable to act as a governor or has been removed from office under regulation 24(2).
2
Upon ceasing to hold the office from which his governorship derives, an ex officio foundation governor is disqualified from continuing to hold office as such a governor.
Partnership governors
9
1
In these Regulations “partnership governor” means —
a
where the school has a religious character, a person who is nominated as a partnership governor and appointed in accordance with Schedule 4 for the purpose of securing that such religious character is preserved and developed, and
b
in any other case, a person who is nominated as a partnership governor and appointed as such in accordance with Schedule 4.
2
A person is disqualified from nomination or appointment as a partnership governor of a school if he is —
a
a parent of a registered pupil at the school;
b
eligible to be a staff governor of the school;
c
an elected member of the local education authority; or
d
employed by the local education authority in connection with their functions as a local education authority.
Sponsor governors
10
In these Regulations “sponsor governor” means a person who is nominated as a sponsor governor and is appointed as such by the governing body in accordance with Schedule 5.
Associate members
11
1
In these Regulations “associate member” means a person who is appointed by the governing body as a member of any committee established by them but who is not a governor.
2
An associate member may hold office for a period of four years, or such shorter period (not being less than one year) as may be determined by the governing body at the date of his appointment.
3
Nothing in this regulation prevents an associate member from being reappointed at the expiration of his term of office.
4
Any person who is disqualified from holding office as a governor of a school under Schedule 6 is likewise disqualified from holding or continuing to hold office as an associate member of the governing body, save as provided in paragraph 1 of Schedule 6.
Part 3 Composition of Governing Bodies
General Principles
12
1
The instrument of government of a school is to specify the size and membership of the governing body, which is to be no fewer than 9 and no more than 20 governors.
2
In determining the size of their membership, the governing body must not include —
a
any sponsor governors, or
b
foundation governors appointed in accordance with regulations 16(2)(b) or 18(2)(b).
3
Subject to regulations 13 to 18, the instrument of government is to specify the numbers of governors from each of the following categories of governor to be elected or appointed —
a
parent governor;
b
staff governor;
c
LEA governor;
d
community governor;
e
foundation governor;
f
partnership governor;
g
sponsor governor.
4
In calculating the number of governors required in each category in accordance with regulations 13 to 18, the number is to be rounded up or down to the nearest whole number and regulations 13 to 18 are to be interpreted subject to this provision.
5
In calculating the number of staff governors required, the head teacher must be included whether or not he has resigned his governorship.
Community schools, maintained nursery schools and community special schools
13
1
The governing body of a community school, a maintained nursery school or a community special school is to comprise the following:
a
one third or more parent governors;
b
at least two but no more than one third staff governors;
c
one fifth LEA governors; and
d
one fifth or more community governors.
2
The governing body may in addition appoint up to two sponsor governors, or where the school is a secondary school , up to four sponsor governors.
Foundation and foundation special schools which do not have a foundation
14
1
The governing body of a foundation school or a foundation special school which, in either case, does not have a foundation, is to comprise the following:
a
one third or more parent governors;
b
at least two but no more than one third staff governors;
c
at least one but no more than one fifth LEA governors;
d
one tenth or more community governors; and
e
at least two but no more than one quarter partnership governors.
2
The governing body may in addition appoint up to two sponsor governors or, where the school is a secondary school, up to four sponsor governors.
Foundation and foundation special schools which have a foundation but which are not qualifying foundation schools
15
1
The governing body of a foundation school or a foundation special school which, in either case, has a foundation but which is not a qualifying foundation school, is to comprise the following:
a
one third or more parent governors;
b
at least two but no more than one third staff governors;
c
at least one but no more than one fifth LEA governors;
d
one tenth or more community governors; and
e
at least two but no more than 45 per cent foundation governors.
2
The governing body may in addition appoint up to two sponsor governors or, where the school is a secondary school, up to four sponsor governors.
Qualifying foundation schools
16
1
The governing body of a qualifying foundation school is to comprise the following:
a
at least one parent governor;
b
at least two but no more than one third staff governors;
c
at least one but no more than one fifth LEA governors;
d
one tenth or more community governors;
e
such number of foundation governors as out number all the other governors listed in sub-paragraphs (a) to (d) by up to two; and
f
such number of foundation governors who are eligible for election or appointment as parent governors that, when they are counted with the parent governors, comprise one third or more of the total membership of the governing body.
2
In addition —
a
the governing body may appoint up to two sponsor governors, or where the school is a secondary school up to four sponsor governors; and
b
the foundation may appoint such number of foundation governors (up to two or, where the school is a secondary school, up to four) as are required to preserve their majority.
Voluntary controlled schools
17
1
The governing body of a voluntary controlled school is to comprise the following:
a
one third or more parent governors;
b
at least two but no more than one third staff governors;
c
at least one but no more than one fifth LEA governors;
d
one tenth or more community governors; and
e
at least two but no more than one quarter foundation governors.
2
The governing body may in addition appoint up to two sponsor governors or, where the school is a secondary school, up to four sponsor governors.
Voluntary aided schools
18
1
The governing body of a voluntary aided school is to comprise the following:
a
at least one but no more than one tenth LEA governors;
b
at least two but no more than one third staff governors;
c
at least one parent governor;
d
such number of foundation governors as out number all the other governors listed in sub-paragraphs (a) to (c) by two; and
e
such number of foundation governors who are eligible for election or appointment as parent governors that, when they are counted with the parent governors, comprise one third or more of the total membership of the governing body.
2
In addition —
a
the governing body may appoint up to two sponsor governors, or where the school is a secondary school up to four sponsor governors; and
b
the person who is entitled to appoint foundation governors may appoint such number of foundation governors (up to two or, where the school is a secondary school, up to four) as are required to preserve their majority.
Notification of appointments
19
Where any person makes an appointment or nominates a person to be appointed to the governing body, he must give written notice of the appointment or the nomination to the clerk to the governing body specifying the name and usual place of residence of the person appointed or nominated.
Surplus governors
20
Where a maintained school has more governors of a particular category than are provided for by the instrument of government for the school, a governor of that category may serve out his term of office.
Part 4 Qualifications and Tenure of Office
Qualifications and disqualifications
21
Schedule 6 sets out the circumstances in which a person is qualified for or disqualified from holding or continuing in office as a governor.
Term of Office
22
1
Subject to paragraphs (2) to (5), a governor is to hold office for a fixed period of four years from the date of his election or appointment.
2
Paragraph (1) does not apply to any staff governor who is the head teacher of the school, or to any ex officio foundation governor, who may hold office for as long as he holds the position from which his governorship derives.
3
Paragraph (1) does not apply to any additional governor, additional foundation governor or interim executive member appointed under Part 4 of the Education and Inspections Act 2006 whose term of office will be determined by the person who appointed him, up to a maximum of four years.
4
The instrument of government may specify a shorter term of office for a particular category of governor, not being less than one year.
5
A substitute governor holds office until the earlier of the following —
a
the expiry of four years from the date when his appointment takes effect;
b
the date when the original governor (not having been removed from office under regulation 24(2)) gives written notice to the clerk to the governing body to the effect that he is able and willing to act as a foundation governor; or
c
the date when a person other than the original governor takes office in the post by virtue of which the ex officio foundation governorship exists.
6
This regulation does not prevent a governor from —
a
being elected or appointed for a further term, save as otherwise provided in these Regulations;
b
resigning his office in accordance with regulation 23(1);
c
being removed from office under regulations 24 to 27; or
d
being disqualified, by virtue of any provision of these Regulations, from holding or continuing to hold office.
7
In this regulation “the original governor” means the ex officio foundation governor in whose place the substitute governor is appointed to act.
Resignation
23
1
A governor may at any time resign his office by giving written notice to the clerk to the governing body.
2
The head teacher may withdraw his resignation at any time by giving written notice to the clerk to the governing body.
3
An ex officio foundation governor may resign as governor either permanently or temporarily, but his resignation does not prejudice the ex officio governorship of his successor in the office from which the ex officio governorship derives.
Removal of LEA and foundation governors
24
1
Any LEA governor or foundation governor may be removed from office by the person who appointed him, who must give written notice thereof to the clerk to the governing body and to the governor so removed.
2
A person proposing the removal of an ex officio foundation governor must inform the clerk to the governing body and the governor in question in writing of the reasons why he is proposing his removal.
3
The governing body may, in accordance with the procedure set out in regulation 27, remove any ex officio foundation governor at the request of the person named in the instrument of government as the person entitled to make such a request.
Removal of community governors, partnership governors and sponsor governors
25
1
Any community governor, partnership governor or sponsor governor may be removed from office by the governing body in accordance with the procedure set out in regulation 27.
2
A nominating body proposing the removal of such a governor must inform the clerk to the governing body and the governor in question in writing of the reasons why it is proposing his removal.
3
The governing body may, in accordance with the procedure set out in regulation 27, remove any community governor appointed in accordance with Schedule 3, or any sponsor governor at the request of the nominating body.
4
In this Part, “nominating body” means any person from whom nominations were sought for the purpose of appointing, and who nominated, the governor in question.
Removal of appointed parent governors
26
Any parent governor appointed by the governing body under paragraphs 9 to 11 of Schedule 1 may be removed by the governing body in accordance with the procedure set out in regulation 27.
Procedure for removal of governors by the governing body
27
1
This regulation applies in relation to the removal of a governor from office in accordance with regulation 24(3), 25 or 26.
2
A resolution to remove a governor from office which is passed at a meeting of the governing body will not have effect unless —
a
in relation to the removal of a governor under regulation 24(3) and 25(3), before the governing body resolve to remove the governor from office, the clerk to the governing body gives the reasons for removal provided by the person referred to in regulation 24(3) or by the nominating body (as appropriate) and the governor whom it is proposed to remove is given an opportunity to make a statement in response;
b
in relation to the removal of a community governor, a partnership governor or a sponsor governor under regulation 25(1) or a parent governor under regulation 26, before the governing body resolve to remove the governor from office, the governor or governors proposing his removal at that meeting state their reasons for doing so and the governor who it is proposed to remove is given an opportunity to make a statement in response;
c
it is confirmed by a resolution passed at a second meeting of the governing body held not less than fourteen days after the first meeting; and
d
the matter of the governor’s removal from office is specified as an item of business on the agenda for each of those meetings.
Part 5 Instrument of Government
Interpretation of “appropriate diocesan authority” and “appropriate religious body”
28
In this Part —
“appropriate diocesan authority” has the meaning given by section 142(1) and (4) of SSFA 1998; and
“appropriate religious body”, in relation to a school designated under section 69(3) of SSFA 1998 as having a religious character that is not a Church of England school or a Roman Catholic Church school, means the body that the Secretary of State considers appropriate in relation to the religion or religious denomination to which the school belongs.
Duty to have regard to guidance
29
In respect of the making of instruments of government, the matters to be dealt with in such instruments, the form of such instruments, and the review and variation of such instruments, governing bodies and local education authorities must have regard to any guidance given from time to time by the Secretary of State.
Contents and form of instrument of government
30
1
The instrument of government for a maintained school must set out —
a
the name of the school;
b
the category of school to which the school belongs, including where appropriate:
i
whether the school has a foundation, and
ii
whether the school is a qualifying foundation school;
c
the name of the governing body of the school;
d
the manner in which the governing body is to be constituted in accordance with Part 3 of these Regulations, specifying —
i
the number of governors in each category of governor, and
ii
the total membership of the governing body, including any sponsor governors and additional foundation governors appointed in accordance with regulation 16(2)(b) or 18(2)(b);
e
where the term of office for a category of governor is to be less than four years, the length of that term of office;
f
where the school has foundation governors —
i
the name of any person who is entitled to appoint such governors and, if there is more than one such person, the basis upon which such appointments are made,
ii
details of any foundation governorship to be held ex officio by the holder of a named office, and
iii
the name of any person who is entitled to request the removal of any ex officio foundation governor and to appoint any substitute governor;
g
where the school has sponsor governors, the name of any sponsor who is entitled to nominate persons for appointment as such governors under Schedule 5;
h
where the school is a maintained special school, the name of any body entitled to nominate a person for appointment as a community governor under Schedule 3;
i
where the school is a foundation or a voluntary school designated under section 69(3) of SSFA 1998 as having a religious character, a description of the religious ethos of the school; and
j
the date when the instrument of government takes effect.
2
The manner in which the governing body is to be constituted, as set out in accordance with sub-paragraph (1)(d), must accord with the provisions of these Regulations as they apply to a school of the category to which the school belongs and, where appropriate, the nature of the school as specified in accordance with sub-paragraph (1)(b).
3
Where the school has a foundation, the instrument of government must (subject to any statutory provision) comply with the foundation’s governing documents, including any trust deed relating to the school.
Duty to make instrument of government and procedure for making the instrument
31
1
The governing body must prepare a draft of the instrument of government and submit it to the local education authority which will make it in accordance with this regulation.
2
Where the school has foundation governors, the governing body must not submit the draft to the local education authority unless it has been approved by —
a
the foundation governors;
b
the trustees of any foundation relating to the school;
c
in the case of a Church of England school or Roman Catholic Church school, the appropriate diocesan authority; and
d
in the case of any other school designated under section 69(3) of SSFA 1998 as having a religious character, the appropriate religious body.
3
On receiving the draft, the local education authority must consider whether it complies with all applicable statutory provisions, and if —
a
they are content that the draft so complies, or
b
there is agreement between it, the governing body and (if the school has foundation governors) the persons mentioned in paragraph (2) that the draft should be revised to any extent, and the revised draft complies with all the applicable statutory provisions,
the instrument of government must be made by them in the form of the draft or (as the case may be) in the form of the revised draft.
4
If neither of sub-paragraphs (a) and (b) of paragraph (3) applies in the case of a school which does not have foundation governors, the local education authority must —
a
inform the governing body of the reasons why they are not content with the draft instrument of government, and
b
give the governing body a reasonable opportunity to reach agreement with them on revising the draft,
and the instrument of government must be made by them either in the form of a revised draft agreed between them and the governing body or (in the absence of such agreement) in such form as they think fit having regard, in particular, to the category of school to which the school belongs and, where the school has a foundation, to its relationship with its foundation as specified in accordance with regulation 30(1)(b).
Review of instrument of government
32
1
The governing body or the local education authority may review the instrument of government at any time after it is made.
2
Where, on any review, the governing body or the local education authority decides that the instrument of government should be varied, the governing body or (as the case may be) the local education authority must notify the other of their proposed variation together with their reasons for proposing such a variation.
3
Where the governing body has received notification under paragraph (2), they must inform the local education authority as to whether or not they are content with the proposed variation and, if not content, their reasons.
4
Where the school has foundation governors, the governing body must not give the local education authority —
a
any notification under paragraph (2), or
b
inform the authority under paragraph (3) that they are content with the authority’s proposed variation,
unless the persons listed in regulation 31(2) have approved the proposed variation.
5
If —
a
whichever of the governing body and the local education authority is the recipient of a notification under paragraph (2) agrees with the proposed variation, or
b
there is agreement between the local education authority, the governing body and (if the school has foundation governors) the other persons listed in regulation 31(2) that some other variation should be made instead,
the instrument of government must be varied accordingly by the local education authority.
6
If neither sub-paragraph (a) or (b) of paragraph (5) applies in the case of a school which does not have foundation governors, the local education authority must —
a
inform the governing body of the reasons —
i
why they are not content with the governing body’s proposed variation, or as the case may be,
ii
why they wish to proceed with their own variation, and
b
give the governing body a reasonable opportunity to reach agreement with them with regard to the variation, and
the instrument of government must be varied by them either in the manner agreed between them and the governing body or (in the absence of such agreement) in such manner as they think fit, having regard, in particular, to the category of school to which the school belongs and, where appropriate, to the nature of the school as specified in accordance with regulation 30(1)(b).
7
The requirement under regulation 31(3) for the local education authority to consider compliance with all applicable statutory provisions, applies in relation to a proposed variation of an instrument of government as it applies in relation to a draft of such an instrument.
8
Where the instrument of government is varied under this regulation the instrument must set out the date on which the variation takes effect.
Other requirements relating to instruments of government
33
1
The local education authority must ensure that the persons set out in paragraph (2) are provided (free of charge) with —
a
a copy of the school’s instrument of government;
b
where any variation is made to the school’s instrument of government, a consolidated version of the instrument of government incorporating all variations made by order of the local education authority (other than variations which have ceased to have effect).
2
The persons who are to be provided with the information referred to in paragraph (1) are —
a
every member of the governing body of the school;
b
the head teacher, whether or not the head teacher is a member of the governing body;
c
where the school has a foundation, the trustees in relation to such foundation;
d
in the case of a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority; and
e
in the case of any other school designated under section 69(3) of SSFA 1998 as having a religious character, the appropriate religious body.
Jim Knight
Minister of State
Department for Education and Skills
22nd March 2007