text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008 and come into force on 15th December 2008.
Interpretation
2
1
In these Regulations —
“the 1998 Act ” means the Social Security Act 1998 ;
“the 2000 Regulations ” means the Social Security (Work-focused Interviews) Regulations 2000 ;
“the 2001 Regulations ” means the Social Security (Jobcentre Plus Interviews) Regulations 2001 ;
“the 2002 Regulations ” means the Social Security (Jobcentre Plus Interviews) Regulations 2002 ;
“the 2003 Regulations ” means the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003 ;
“action plan” has the meaning given by regulation 7;
“benefit week” means any period of seven days corresponding to the week in respect of which the relevant specified benefit is due to be paid;
“relevant claimant” has the meaning given by regulation 3;
“relevant decision” has the meaning given by section 2B(2) of the Social Security Administration Act 1992 (supplementary provisions relating to work-focused interviews);
“specified benefit” means —
incapacity benefit;
income support, if any of the following paragraphs of Schedule 1B (prescribed categories of person) to the Income Support (General) Regulations 1987 applies —
paragraph 7 (persons incapable of work);
paragraph 24 or 25 (persons appealing against a decision which embodies a determination that they are not capable of work);
severe disablement allowance;
“work-focused interview” means an interview conducted under regulation 6 for the purposes described in regulation 4.
2
Any notification under these Regulations that is sent by post is to be taken to have been received on the second working day after posting.
Relevant claimant
3
1
A relevant claimant is a person who satisfies all of the following conditions.
2
The first condition is that the person is entitled to a specified benefit.
3
The second condition is that, immediately before these Regulations came into force, the person —
a
was a “relevant person” within the meaning of the 2003 Regulations; or
b
would have been a “relevant person” within the meaning of the 2003 Regulations if not for the person being 16 or 17 years of age; or
c
was a “relevant person” within the meaning of the 2000 Regulations or the 2001 Regulations, as saved by regulation 16(2) of the 2002 Regulations.
4
The third condition is that the person has not attained the age of 60 years.
5
The fourth condition is that, on the day on which the requirement to take part in a work-focused interview would have arisen, the person is not treated as incapable of work in accordance with regulation 10 of the Social Security (Incapacity for Work) (General) Regulations 1995 (certain persons with a severe condition to be treated as incapable of work).
Purposes of a work-focused interview
4
A work-focused interview is an interview with a relevant claimant that is conducted for any or all of the following purposes —
a
assessing the relevant claimant’s prospects of remaining in or obtaining work;
b
assisting or encouraging the relevant claimant to remain in or obtain work;
c
identifying activities that the relevant claimant may undertake that will make remaining in or obtaining work more likely;
d
identifying training, educational or rehabilitation opportunities for the relevant claimant which may make it more likely that the relevant claimant will remain in or obtain work or be able to do so;
e
identifying current or future work opportunities, including self-employment opportunities, for the relevant claimant, which are relevant to that person’s needs and abilities.
Requirement for a relevant claimant to take part in a work-focused interview
5
1
Subject to the following provisions of this regulation, a relevant claimant may be required by the Secretary of State to take part in one or more work-focused interviews as a condition of continuing to be entitled to the full amount of the specified benefit which is payable to that claimant.
2
The Secretary of State may determine that a requirement that a relevant claimant take part in a work-focused interview is not to apply, or is treated as not having applied, if that interview would not be, or would not have been, of assistance because the claimant is or was likely to be starting or returning to work.
3
A relevant claimant in relation to whom a requirement to take part in a work-focused interview has been determined not to apply under paragraph (2) must be treated as having complied with that requirement in respect of that interview for the purposes of —
a
paragraph (1); and
b
entitlement to a specified benefit.
4
A requirement to take part in a work-focused interview may be deferred or treated as having been deferred by the Secretary of State if at the time the work-focused interview is to take place, or was due to take place, such an interview would not at that time be or have been —
a
of assistance to that relevant claimant; or
b
appropriate in the circumstances.
5
A deferral under paragraph (4) may be made at any time after the requirement to take part in the work-focused interview is imposed, including after the time that the work-focused interview was due to take place or took place.
6
If a requirement to take part in a work-focused interview is deferred, or treated as having been deferred, then the time that the work-focused interview is to take place must be re-determined and notified to the relevant claimant.
7
Any requirement to take part in a work-focused interview ceases to have effect if the relevant claimant ceases to satisfy the conditions in regulation 3.
The work-focused interview
6
1
The Secretary of State must notify, in writing or otherwise, a relevant claimant who is required to take part in a work-focused interview of the date, time and place of that interview.
2
A work-focused interview may take place at a relevant claimant’s home if the Secretary of State determines that requiring the relevant claimant to attend elsewhere would cause undue inconvenience to, or endanger the health of, the relevant claimant.
3
A relevant claimant is to be regarded as having taken part in a work-focused interview if the claimant —
a
attends for the work-focused interview at the place and on the date and time notified under paragraph (1);
b
provides information, if requested by the Secretary of State, about any or all of the matters set out in paragraph (4);
c
participates in discussions to the extent the Secretary of State considers necessary, about any or all of the matters set out in paragraph (5);
d
assists the Secretary of State in the completion of an action plan in accordance with regulation 7.
4
The matters referred to in paragraph (3)(b) are —
a
the relevant claimant’s educational qualifications and vocational training;
b
the relevant claimant’s work history;
c
the relevant claimant’s aspirations for future work;
d
the relevant claimant’s skills that are relevant to work;
e
the relevant claimant’s work-related abilities;
f
the relevant claimant’s caring or childcare responsibilities;
g
any paid or unpaid work that the relevant claimant is undertaking.
5
The matters referred to in paragraph (3)(c) are —
a
any activity the relevant claimant is willing to undertake which may make obtaining or remaining in work more likely;
b
any such activity that the relevant claimant may have previously undertaken;
c
any progress the relevant claimant may have made towards remaining in or obtaining work;
d
the relevant claimant’s opinion as to the extent to which the ability to remain in or obtain work is restricted by the relevant claimant’s physical or mental condition.
Action plan
7
1
An action plan is a written document completed by the Secretary of State, which contains a record of the discussions a relevant claimant has participated in with the Secretary of State in relation to the relevant claimant’s employability, including any action the relevant claimant and the Secretary of State agree is reasonable and the relevant claimant is willing to take in order to help that relevant claimant enhance his or her employment prospects.
2
The Secretary of State must provide the relevant claimant with a copy of the action plan completed under paragraph (1) at the end of the work-focused interview.
Failure to take part in a work-focused interview
8
1
A relevant claimant who is required to take part in a work-focused interview but fails to do so must show good cause for that failure within five working days of the date on which the Secretary of State gives notification of that failure.
2
In determining whether a relevant claimant has shown good cause for a failure to take part in a work-focused interview, the matters to be taken into account include —
a
that the relevant claimant misunderstood the requirement to take part in the work-focused interview due to any learning, language or literacy difficulties of the relevant claimant or any misleading information given to the relevant claimant by the Secretary of State;
b
that the relevant claimant had transport difficulties and that no reasonable alternative was available;
c
that the relevant claimant was attending an interview with an employer with a view to remaining in or obtaining employment;
d
that the relevant claimant was pursuing employment opportunities as a self-employed earner;
e
that the relevant claimant was attending a medical or dental appointment and that it would have been unreasonable in the circumstances to re-arrange the appointment;
f
that the relevant claimant was accompanying another person for whom the claimant has caring responsibilities to a medical or dental appointment and that it would have been unreasonable for that other person to re-arrange the appointment;
g
that the relevant claimant, a dependant or another person for whom the relevant claimant provides care suffered an accident, sudden illness or relapse of a physical or mental health condition;
h
that the relevant claimant was attending the funeral of a relative or close friend on the day fixed for the work-focused interview;
i
that the physical or mental condition of the relevant claimant made it impracticable to attend at the time and place fixed for the interview;
j
that the established customs and practices of the religion to which the relevant claimant belongs prevented attendance on the day or at the time fixed for the work-focused interview;
k
any other matter that the Secretary of State considers appropriate.
3
If the Secretary of State determines that a relevant claimant has failed to take part in a work-focused interview and good cause has not been shown for that failure within five working days of the day on which the interview was to take place, the Secretary of State shall make a relevant decision for the purposes of section 2B of the Social Security Administration Act 1992.
Consequences of failure to take part in a work-focused interview
9
1
A relevant claimant in respect of whom a relevant decision has been made in accordance with regulation 8(3) shall, in accordance with this regulation, have his or her benefit reduced —
a
by 50% of the “work-related activity component” in each of the first four benefit weeks to which, by virtue of section 10(5) of the 1998 Act or regulations made under section 10(6) of that Act, the reduction applies;
b
by 100% of that component for each subsequent benefit week.
2
If two or more specified benefits are in payment to a relevant claimant, a reduction made in accordance with paragraph (1) shall be applied, subject to paragraphs (3) to (6), to the specified benefits in the following order of priority —
a
income support;
b
incapacity benefit;
c
severe disablement allowance.
3
If the amount of the reduction is greater than some, but not all, of the specified benefits listed in paragraph (2), the reduction shall be made against the first benefit in that list that is the same as, or greater than, the amount of the reduction.
4
For the purpose of determining whether a specified benefit is the same as, or greater than, the amount of the reduction for the purposes of paragraph (3), ten pence shall be added to the amount of the reduction.
5
In a case where the whole of the reduction cannot be applied against any one specified benefit because the amount of no one benefit is the same as, or greater than, the amount of the reduction, the reduction shall be applied against the first benefit in payment in the list of priorities in paragraph (2) and so on against each benefit in turn until the whole of the reduction is exhausted or, if this is not possible, the whole of the specified benefits are exhausted.
6
If the rate of any specified benefit payable to a relevant claimant changes, the rules set out in this regulation for a reduction in the benefit payable shall be applied to the new rates and any adjustments to the benefits against which the reductions are made shall take effect from the beginning of the first benefit week to commence for that relevant claimant following the change.
7
Paragraph (1) applies to a relevant claimant each time a relevant decision is made in accordance with regulation 8(3) in respect of that person.
8
In the case of a relevant claimant whose benefit has been reduced in accordance with paragraph (1) and who subsequently takes part in a work-focused interview, the whole of the reduction shall cease to have effect on the first day of the benefit week in which the requirement to take part in a work-focused interview was met.
9
In the case of a relevant claimant whose benefit has been reduced in accordance with paragraph (1) and who subsequently fails to meet the conditions specified in regulation 3(4) or (5), the whole of the reduction shall cease to have effect on the first day of the benefit week in which those conditions are no longer satisfied.
10
For the purposes of determining the amount of any benefit payable, a relevant claimant shall be treated as receiving the amount of any specified benefit which would have been payable but for a reduction made in accordance with paragraph (1).
11
Despite regulation 8(3), the consequences specified in paragraph (1) do not apply to a person who —
a
brings new facts to the notice of the Secretary of State within one month of the date on which the initial determination was notified to that person and —
i
those facts could not reasonably have been brought to the Secretary of State’s notice within five working days of the date on which the notification of the initial determination was received; and
ii
those facts show that there is good cause for the person’s failure to take part in the work-focused interview;
b
is no longer required to take part in a work-focused interview as a condition of continuing to be entitled to the full amount of the specified benefit that is payable to that person apart from these Regulations; or
c
attains the age of 60.
12
Despite anything to the contrary in this regulation, no benefit is to be reduced in any benefit week —
a
below 10 pence;
b
in relation to more than one relevant decision relating to a particular work-focused interview;
c
by more than 100% of the work-related activity component.
13
For the purposes of this regulation, “work-related activity component” is the amount specified in Part 4 of Schedule 4 to the Employment and Support Allowance Regulations 2008 .
Appeals
10
1
This regulation applies to any relevant decision under regulation 8(3) or any decision made under section 10 of the 1998 Act (decisions superseding earlier decisions) superseding such a relevant decision.
2
This regulation applies whether the decision is as originally made or as revised under section 9 of the 1998 Act (revision of decisions).
3
In the case of a decision to which this regulation applies, the relevant claimant in respect of whom the decision was made shall have a right of appeal under section 12 of the 1998 Act (appeal to first-tier tribunal) to the First-tier tribunal.
Exercise of certain functions relating to work-focused interviews
11
1
Any function of the Secretary of State specified in paragraph (2) may be exercised by a person providing services to the Secretary of State (including the employees of such a person) as may be authorised by the Secretary of State.
2
The functions are any function under —
a
regulation 5(1), (2) and (4) (requirement to take part in a work-focused interview);
b
regulation 6(1), (2) and (3)(b), (c) and (d) (the work-focused interview);
c
regulation 7 (action plan).
Revocations, consequential amendments, savings and transitional provisions
12
1
The following Regulations are revoked —
a
the 2003 Regulations;
b
The Social Security (Incapacity Benefit Work-focused Interviews) Amendment Regulations 2005 ;
c
The Social Security (Incapacity Benefit Work-focused Interviews) Amendment ( No. 2) Regulations 2005 ;
d
The Social Security (Incapacity Benefit Work-focused Interviews) Amendment Regulations 2006 ;
e
The Social Security (Incapacity Benefit Work-focused Interviews) Amendment (No. 2) Regulations 2006 .
2
In regulation 4(4) of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 , for “Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003” substitute “Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008”.
3
In regulation 8(3) of the 2002 Regulations, for “Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003” substitute “Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2008”.
4
Despite paragraph (1)(a) —
a
regulation 10(2) of the 2003 Regulations continues to have effect in respect of a person who immediately before these Regulations come into force is subject to the consequences specified in that provision; and
b
any other provision of the 2003 Regulations continues to have effect insofar as is necessary to give full effect to sub-paragraph (a) above.
5
For the purposes of regulation 9(8), (9) and (11) (ending of a sanction), a person referred to in paragraph (4)(a) above is deemed to be subject to the consequences under regulation 9(1) (a sanction imposed under these Regulations) and from that date regulation 10(2) of the 2003 Regulations will cease to apply to that person.
Signed by authority of the Secretary of State for Work and Pensions.
Jonathan Shaw
Parliamentary-Under-Secretary of State,
Department for Work and Pensions
10th November 2008


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008 and shall come into force on 7 th March 2008.
2
The Regulations shall extend to the United Kingdom.
Interpretation
2
In these Regulations:
“the Community Regulation ” means Regulation (EC) No. 273/2004 of the European Parliament and of the Council dated 11th February 2004 ; and
“the 1990 Act ” means the Criminal Justice (International Co-operation) Act 1990 .
“scheduled substance” and “operator” have the same meaning as in the Community Regulation.
Competent authorities
3
1
For the purposes of the Community Regulation, the words “the competent authorities” shall be taken, to the extent specified in paragraphs (2) to (4), as a reference to the persons specified in those paragraphs.
2
In Articles 3, 8(2), 9(3) and 13 of the Community Regulation, the Secretary of State.
3
In Article 8(1) a person authorised for the purposes of these Regulations by the Director General of the Serious Organised Crime Agency;
4
In Articles 5(5), 9(1) and 10 of the Community Regulation, any of the following —
a
a constable;
b
an officer of Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 2005 (appointment of staff) or other person authorised by the Commissioners for Her Majesty’s Revenue and Customs;
c
a person authorised for the purposes of these Regulations by the Director General of the Serious Organised Crime Agency;
d
the Secretary of State.
Licences
4
A licence, other than a special licence, issued by the Secretary of State in accordance with Article 3(2) of the Community Regulation shall be issued for a period not exceeding three years.
5
1
The Secretary of State may issue a special licence in accordance with Article 3(2) of the Community Regulation and may provide for a special registration in accordance with Article 3(6) of the Community Regulation to the persons specified in paragraph (2).
2
The persons specified for the purposes of paragraph (1) are —
a
a pharmacist or a person lawfully conducting a retail pharmacy business;
b
a veterinary practitioner or a veterinary surgeon;
c
an officer of Revenue and Customs or other person authorised by the Commissioners for Her Majesty’s Revenue and Customs;
d
a chief officer of police;
e
the Director General of the Serious Organised Crime Agency;
f
the Director General of the Scottish Crime and Drug Enforcement Agency;
g
an official working in an official laboratory; and
h
the armed forces.
3
In this regulation —
a
“pharmacist” in relation to Great Britain means a person registered in the register of pharmaceutical chemists established in pursuance of the Pharmacy Act 1852 and maintained in pursuance of regulation 10 of the Pharmacists and Pharmacy Technicians Order 2007 , and in relation to Northern Ireland (subject to any order made under paragraph 1 of Schedule 4 to the Medicines Act 1968 (application of provisions to Northern Ireland) ) means a person registered in the register of pharmaceutical chemists for Northern Ireland made out and maintained under Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976 and “a person lawfully conducting a retail pharmacy business” means a person lawfully conducting such a business in accordance with section 69 of the Medicines Act 1968 (requirements for lawfully conducting a retail pharmacy business);
b
“veterinary practitioner” means a person registered in the supplementary veterinary register kept under section 8 of the Veterinary Surgeons Act 1966 (keeping of supplementary veterinary register) and “veterinary surgeon” means a person registered in the register of veterinary surgeons kept under section 2 of that Act (keeping of veterinary surgeons register);
c
“officer of Revenue and Customs” means a person appointed under section 2(1) of the Commissioners for Revenue and Customs Act 2005 and the Commissioners for Her Majesty’s Revenue and Customs;
d
“chief officer of police” means a chief officer of police of a police force in England and Wales, a chief constable of a police force in Scotland, the Chief Constable of the Police Service of Northern Ireland, the Ministry of Defence Police , the British Transport Police Force and the Civil Nuclear Constabulary ;
e
“an official working in an official laboratory” means —
i
a public analyst appointed under section 27 of the Food Safety Act 1990 (power to appoint public analyst) or in the case of Northern Ireland, under article 27 of the Food Safety (Northern Ireland) Order 1991 ;
ii
a sampling officer within the meaning of Schedule 3 to the Medicines Act 1968;
iii
a person employed or engaged in connection with a scheme for testing the quality or amount of the drugs, preparations and appliances supplied under the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978 and the regulations made under those Acts; and
iv
a person engaged in the work of any laboratory to which the drug has been sent for forensic examination when acting in the course of his duty as a person so engaged; and
f
“armed forces” means the Royal Navy, the Royal Marines, the regular army and the regular air force, and any reserve or auxiliary force of any of those services which has been called out on permanent service or embodied.
Penalties
6
1
Subject to paragraph (2), the obligations imposed on operators by Article 5 (documentation), Article 7 (labelling) and Article 8 (notification of the competent authorities) of the Community Regulation shall be treated as if they are requirements imposed on them by regulations made under section 13(1) of the 1990 Act (regulations about scheduled substances) and as if references in those Articles to scheduled substances are references to scheduled substances within the meaning of Part 2 of that Act.
2
Where a person is convicted of an offence contrary to section 13(5) of the 1990 Act as a result of the application of paragraph (1), section 13(5)(a) of the 1990 Act shall have effect as if for the words “6 months” there are substituted the words “3 months”.
3
For the purposes of this regulation section 45 of the Criminal Proceedings Etc. (Reform) (Scotland) Act 2007 shall not apply to section 13(5) of the 1990 Act.
7
1
An operator who fails to comply with any of the requirements imposed by Article 3 of the Community Regulation (requirements for placing on the market of scheduled substances) is guilty of an offence and liable —
a
on summary conviction, to imprisonment for a term not exceeding 3 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
2
The reference in paragraph (1) to a person who fails to comply with any of the requirements imposed by Article 3 of the Community Regulation includes a person, who in purported compliance with any such provision —
a
furnishes information which he knows to be false in a material particular; or
b
recklessly furnishes information which is false in a material particular.
Powers of entry
8
The powers conferred by subsection (1) of section 23 of the Misuse of Drugs Act 1971(powers to search and obtain evidence relating to dealings in controlled drugs) shall be exercisable also for the purposes of the execution of Article 3 of the Community Regulation and subsection (3) of that section (excluding paragraph (a)) shall apply also to the offence under Regulation 7, taking references in those subsections to controlled drugs as references to scheduled substances.
Revocations
9
1
Subject to paragraphs (2) and (3), the Controlled Drugs (Substances Useful for Manufacture) (Intra-Community Trade) Regulations 1993 and the Controlled Drugs (Substances Useful for Manufacture) (Intra-Community Trade) (Amendment) Regulations 2004 are hereby revoked.
2
Paragraph (1) shall not affect the validity of —
a
any licence granted under the Regulations revoked by that paragraph,
b
any register of operators established under those Regulations, or
c
any customer declarations issued under those Regulations.
3
Paragraph (1) shall not apply in respect of any offence under the Regulations revoked by that paragraph committed before the commencement of these Regulations.
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
7th February 2008


text:
Citation and commencement
1
This Order may be cited as the Inspectors of Education, Children’s Services and Skills (No. 2) Order 2008 and comes into force on 12th June 2008.
Appointment of Her Majesty’s Inspectors of Education, Children’s Services and Skills
2
The persons named in the Schedule to this Order are appointed Her Majesty’s Inspectors of Education, Children’s Services and Skills.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Finance) Order 2008, and shall come into force on 1st October 2008.
Variation to Group 5 of Schedule 9 to the Value Added Tax Act 1994
2
1
Group 5 of Schedule 9 to the Value Added Tax Act 1994 is varied as follows.
2
For Item 9 substitute —
9
The management of —
a
an authorised open-ended investment company; or
b
an authorised unit trust scheme; or
c
a Gibraltar collective investment scheme; or
d
an individually recognised overseas scheme; or
e
a recognised collective investment scheme authorised in a designated country or territory; or
f
a recognised collective investment scheme constituted in another EEA state .
.
3
For Item 10 substitute —
10
The management of a closed-ended collective investment undertaking.
.
4
For Note (6) substitute —
6
For the purposes of this Group —
“authorised open-ended investment company” and “authorised unit trust scheme” have the meaning given in section 237(3) of the Financial Services and Markets Act 2000 ;
“closed-ended collective investment undertaking” means an undertaking in relation to which the following conditions are satisfied —
its sole object is the investment of capital, raised from the public, wholly or mainly in securities; and
it manages its assets on the principle of spreading investment risk; and
all of its ordinary shares (of each class if there is more than one) or equivalent units are included in the official list maintained by the Financial Services Authority pursuant to section 74(1) of the Financial Services and Markets Act 2000; and
all of its ordinary shares (of each class if there is more than one) or equivalent units are admitted to trading on a regulated market situated or operating in the United Kingdom;
“Gibraltar collective investment scheme” means —
a collective investment scheme to which section 264 of the Financial Services and Markets Act 2000 applies pursuant to an order made under section 409(1)(d) of that Act; or
a collective investment scheme to which the Financial Services and Markets Act 2000 applies pursuant to an order made under section 409(1)(f) of that Act;
“individually recognised overseas scheme” means a collective investment scheme declared by the Financial Services Authority to be a recognised scheme pursuant to section 272 of the Financial Services and Markets Act 2000;
“recognised collective investment scheme authorised in a designated country or territory” means a collective investment scheme recognised pursuant to section 270 of the Financial Services and Markets Act 2000;
“recognised collective investment scheme constituted in another EEA state” means a collective investment scheme which is recognised pursuant to section 264 of the Financial Services and Markets Act 2000;
“regulated market” has the meaning given in section 103(1) of the Financial Services and Markets Act 2000 .
.
5
Omit Notes (8) and (10).
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
17th July 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health Service Branded Medicines (Control of Prices and Supply of Information) Regulations 2008 and shall come into force on 1st September 2008.
2
In these Regulations —
“ the Act ” means the National Health Service Act 2006;
“branded health service medicine” means a health service medicine which —
is identifiable by and traded under a specific name given to it by the manufacturer, supplier or holder of a marketing authorisation relating to it; and
is a medicinal product in respect of which a marketing authorisation has been granted;
“marketing authorisation” means a marketing authorisation for a medicinal product for human use granted —
by the competent authority of the United Kingdom in accordance with Directive 2001/83/ EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use ; or
by the European Commission under Council Regulation ( EEC ) No.2309/93 or Regulation (EC) No. 726/2004 laying down Community procedures for the authorization and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency ;
“prescription only medicine” has the same meaning as in the Prescription Only Medicines (Human Use) Order 1997 ;
“presentation” means a particular form of a relevant medicine which may be distinguished from other forms of the medicine by reference to its active ingredients and excipients, pack size, type of packaging, clinical indications or indicated method of administration for use in clinical practice;
“relevant medicine” means a medicine which is both a prescription only medicine and a branded health service medicine; and
“supply” means supply by way of sale.
Control of prices
2
1
The maximum price which may be charged by any manufacturer or supplier for the supply of a presentation is the reference price.
2
In this regulation “reference price” in relation to a presentation means the reference price which was used for the purpose of pricing prescriptions for that presentation by the NHS Business Services Authority on 29 th February 2008 and is now published in respect of that presentation on the Department of Health website .
3
This regulation does not apply to a manufacturer or supplier to whom a voluntary scheme applies at the time of a supply or where the maximum price of a presentation is determined by any of the following regulations.
New products
3
1
Where a presentation does not have a reference price as defined in regulation 2(2), the Secretary of State may specify the maximum price at which that presentation may be supplied for the purposes of the health service by a direction to a specific manufacturer or supplier.
2
The maximum price for a presentation to which this regulation applies shall be determined by the Secretary of State having regard, among other things, to the following criteria —
a
the expected supplies of the presentation for health service purposes;
b
the cost of therapeutically equivalent medicines;
c
the cost of the presentation in other markets if it is available elsewhere in the world;
d
the cost of manufacture of the presentation;
e
the cost of research into, and development of, the presentation;
f
whether the presentation consists of or contains a new active substance; and
g
the likelihood of the presentation being supplied at a particular price.
Exemptions
4
The Secretary of State may (whether or not he receives an application for an exemption from a manufacturer or supplier of a presentation) exempt for such period as he may determine a presentation from the effect of regulation 2 or 3 where he considers that an exemption is necessary to ensure adequate supplies of that presentation for health service purposes.
Increases
5
1
The Secretary of State may either —
a
on his own motion; or
b
on application made under paragraph (2),
increase the maximum price of a presentation by direction to a specific manufacturer or supplier.
2
An application by a specific manufacturer or supplier to the Secretary of State for an increase of the maximum price of a presentation shall be made in writing and shall —
a
specify the presentation in respect of which the application is made;
b
state the reasons for the application; and
c
be accompanied by the information specified in paragraph (6).
3
The Secretary of State shall, subject to paragraphs (4) and (5), within 90 days of receiving an application under this regulation either notify the applicant of his decision or notify the applicant that more information is required and, where further information is required, the Secretary of State shall notify the applicant of his decision within 90 days of receiving that further information.
4
Where the number of applications received by the Secretary of State make it impracticable for him to reply to all or any of the applications within the 90 day period from their receipt, he shall notify the applicant before the end of that period.
5
In a case where the Secretary of State has given notice under paragraph (4), he shall make a decision not later than 60 days after the expiry of the 90 day period from receipt of the application, or if he has required further information under paragraph (3), not later than 150 days after the receipt of that further information.
6
Where an application is made under this regulation, audited accounts for the latest accounting year for which they are available shall be supplied to the Secretary of State, and those accounts shall include the figures for that year in respect of branded health service medicines which show —
a
the supplies of those medicines for health service purposes;
b
any supply promotion costs in respect of those medicines;
c
any costs of research into, and development of, those medicines;
d
any non-recurring operational costs;
e
any other costs; and
f
total profit after interest charges and taxation.
7
Where an application is made under this regulation, estimates of accounts for the two accounting years which follow the most recent one in respect of which accounts are required to be provided under paragraph (6) shall be supplied to the Secretary of State, showing the information of the kind required under that paragraph.
Enforcement
6
1
Any manufacturer or supplier who supplies a presentation for health service purposes at a price in excess of the maximum permitted by these Regulations shall be liable, on the demand of the Secretary of State, to pay to him a recoverable sum calculated under the Schedule to these Regulations.
2
A demand made under paragraph (1) shall be made by a notice in writing addressed to the manufacturer or supplier in question and it shall state the amount of the recoverable sum calculated up to the date of the demand and the period within which it shall be paid.
3
A recoverable sum, or any part of it, which has not been paid to the Secretary of State within the period specified in the demand shall carry interest at 2.5 per cent above the rate announced from time to time by the Monetary Policy Committee of the Bank of England and for the time being in force as the official dealing rate, being the rate at which that Bank is willing to enter into transactions for providing short term liquidity in the money markets.
Information
7
1
The following regulation shall be substituted for regulation 3 of the Health Service Medicines (Information Relating to Sales of Branded Medicines etc. ) Regulations 2007 .
Information
3
1
Except as provided in paragraph (2), this regulation applies to any manufacturer or supplier of branded health service medicines who —
a
holds either a wholesale dealer’s licence within the meaning of subsections (3) and (3A) of section 8 (provisions as to manufacture and wholesale dealing) of the Medicines Act 1968 or a marketing authorisation in respect of those branded health services medicines; and
b
during the 12 months ending on 31 st December of the preceding year, supplied branded medicines for heath service use to the value of £25 million or more.
2
Except as provided in paragraph (4), the obligation to provide information under this regulation shall not apply to a manufacturer or supplier of branded health service medicines to whom a voluntary scheme applies (“scheme member”) who has agreed as part of its obligations under the scheme to provide within the time limits set out in paragraph (6) such information relating to the supply income in respect of each branded health service medicine as is required by the scheme.
3
For any period during which there is no voluntary scheme, paragraphs (5) and (6) shall apply to a manufacturer or supplier who falls within paragraph (1).
4
This regulation shall continue to apply to a scheme member who has received a demand for a penalty under regulation 4 until that penalty has been fully paid.
5
A manufacturer or supplier of branded health service medicines shall, to the extent that the information is available to it (or would be available if it took reasonable steps to make it available), provide to the Secretary of State the following information in accordance with paragraph (6) in respect of each branded health service medicine which it supplies for the purposes of the health service —
a
the supply income in respect of each pack size and strength of a branded product supplied by it to wholesalers, including the total number of products supplied;
b
the supply income in respect of each pack size and strength of a branded product supplied by it to retail pharmacists, including the total number of products supplied;
c
the supply income in respect of each pack size and strength of a branded product supplied by it to —
i
dispensing doctors or, where a dispensing doctor is part of a partnership or is employed by a person or body to provide primary medical services to a partnership, that partnership, person or body;
ii
GMS contractors; or
iii
PMS contractors;
including the total number of products supplied;
d
the supply income in respect of each pack size and strength of a branded product supplied by it to health service hospitals, including the total number of products supplied; and
e
information about discounts given by it to wholesalers, retail pharmacists, dispensing doctors, GMS contractors, PMS contractors or health service hospitals which cannot be specifically attributed to a specific branded product or pack size or strength of a specific branded product.
6
Information required by paragraph (5) shall be supplied in accordance with the following table so that in respect of each month specified in the left hand column information will be supplied no later than the corresponding date in the right hand column.
Month in which supply was made Information to be received by the Secretary of State not later than
September 2008 31 October 2008 October 2008 30 November 2008 November 2008 31 December 2008 December 2008 31 January 2009 January 2009 28 February 2009 February 2009 31 March 2009 March 2009 30 April 2009 April 2009 31 May 2009 May 2009 30 June 2009 June 2009 31 July 2009
Appeals
8
Any manufacturer or supplier of a presentation in respect of whom the Secretary of State has made an enforcement decision under these Regulations shall have a right of appeal against that decision in accordance with regulations made under section 265(5) of the Act .
Duration of regulations
9
These Regulations shall cease to have effect on 1 st September 2009.
Signed by the Secretary of State for Health
Alan Johnson
Secretary of State for Health
19th July 2008


text:
The Postgraduate Medical Education and Training Board (Fees) Rules Order 2007 is revoked.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
28th February 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 2008.
2
This regulation and regulation 2(1) and (3) come into force on 27th October 2008, immediately after the Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 come into force.
3
The other provisions of these Regulations come into force on 1st November 2008.
4
In these Regulations “the principal Regulations ” means the Social Fund Cold Weather Payments (General) Regulations 1988 .
Amendment of the principal Regulations
2
1
The principal Regulations are amended as follows.
2
In regulation 1(2), in the definition of “forecast” , for “Department of Social Security” substitute “Department for Work and Pensions”.
3
In regulation 1A (prescribed description of persons) —
a
in paragraph (1)(id) (employment and support allowance premiums), for “paragraphs 5 to 8” substitute “paragraphs 5 to 7”;
b
in paragraph (2) (persons in residential care), for “and (ib)”, substitute “, (ib), (id) and (ie)”.
4
For Schedule 1 (identification of stations and postcode districts), substitute the Schedule set out in Schedule 1 to these Regulations.
5
For Schedule 2 (specified alternative stations), substitute the Schedule set out in Schedule 2 to these Regulations.
Modification of the principal Regulations in respect of the 2008-09 winter
3
For the purpose of making a payment in respect of a period of cold weather which begins at any time after 31st October 2008 but before 1st April 2009, regulation 3 of the principal Regulations (prescribed amount) is applied as if the reference to £8.50 were to £25.00.
James Purnell
Secretary of State for Work and Pensions
2nd October 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Environmental Impact Assessment) (Amendment) (England) Regulations 2008 and shall come into force on 1st September 2008.
2
These Regulations apply in relation to England only.
Amendment of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999
2
The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 are amended in accordance with regulations 3 to 11.
Amendments to Part 1 (general)
3
1
In regulation 2(1) (interpretation) —
a
insert at the appropriate place —
“ROMP subsequent application” means an application for approval of a matter where the approval —
is required by or under a condition to which a planning permission is subject following determination of a ROMP application; and
must be obtained before all or part of the minerals development permitted by the planning permission may be begun or continued;
;
“ROMP subsequent consent” means consent granted pursuant to a ROMP subsequent application;
;
“subsequent application” means an application for approval of a matter where the approval —
is required by or under a condition to which a planning permission is subject; and
must be obtained before all or part of the development permitted by the planning permission may be begun;
;
“subsequent consent” means consent granted pursuant to a subsequent application.
;
b
for the definition of “EIA application” substitute —
“EIA application” means —
an application for planning permission for EIA development; or
a subsequent application in respect of EIA development;
;
c
for the definition of “Schedule 1 application and Schedule 2 application” substitute —
“Schedule 1 application” means —
an application for planning permission for Schedule 1 development; or
a subsequent application in respect of Schedule 1 development; and
“Schedule 2 application” means —
an application for planning permission for Schedule 2 development; or
a subsequent application in respect of Schedule 2 development;
.
2
For regulation 3 (prohibition on granting planning permission without consideration of environmental information) substitute —
Prohibition on granting planning permission or subsequent consent without consideration of environmental information
3
1
This regulation applies —
a
to every application for planning permission for EIA development received by the authority with whom it is lodged on or after the commencement of these Regulations;
b
to every application for planning permission for EIA development lodged by an authority pursuant to regulation 3 or 4 (applications for planning permission) of the General Regulations on or after that date;
c
to every subsequent application in respect of EIA development received by the authority with whom it is lodged on or after the commencement of these Regulations but which was not determined by 1st September 2008; and
d
to every subsequent application in respect of EIA development lodged by an authority pursuant to regulation 11 of the General Regulations on or after the commencement of these Regulations but which was not determined by 1st September 2008;
and for the purposes of this paragraph, the date of receipt of an application by an authority shall be determined in accordance with paragraph (3) of article 20 (time periods for decision) of the Order.
2
The relevant planning authority or the Secretary of State or an inspector shall not grant planning permission or subsequent consent pursuant to an application to which this regulation applies unless they have first taken the environmental information into consideration, and they shall state in their decision that they have done so.
.
Amendments to Part 2 (screening)
4
In regulation 5(2) (requests for screening opinions of the local planning authority) after sub-paragraph (a) insert —
aa
sufficient information to enable the relevant planning authority to identify any planning permission granted for the development in respect of which a subsequent application has been made;
.
Amendments to Part 3 (procedures concerning applications for planning permission)
5
1
For regulation 7 (application made to a local planning authority without an environmental statement) substitute —
Application made to a local planning authority without an environmental statement
7
1
Where it appears to the relevant planning authority that —
a
an application which is before them for determination is a Schedule 1 application or Schedule 2 application; and
b
the development in question —
i
has not been the subject of a screening opinion or screening direction; or
ii
in the case of a subsequent application, was the subject of a screening opinion or direction before planning permission was granted to the effect that it is not EIA development; and
c
the application is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations,
paragraphs (3) and (4) of regulation 5 shall apply as if the receipt or lodging of the application were a request made under regulation 5(1).
2
Where an EIA application which is before a local planning authority for determination is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations, the authority shall notify the applicant in writing that the submission of an environmental statement is required.
3
Where the relevant planning authority is aware that any particular person is or is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a site notice or by local advertisement, the relevant planning authority shall notify the applicant of any such person.
4
An authority shall notify the applicant in accordance with paragraph (2) within three weeks beginning with the date of receipt of the application or such longer period as may be agreed in writing with the applicant; but where the Secretary of State, after the expiry of that period of three weeks or of any longer period so agreed, makes a screening direction to the effect that the development is EIA development, the authority shall so notify the applicant within seven days beginning with the date the authority received a copy of that screening direction.
5
An applicant receiving a notification pursuant to paragraph (2) may, within three weeks beginning with the date of the notification, write to the authority stating —
a
that he accepts their view and is providing an environmental statement; or
b
unless the condition referred to in paragraph (6) is satisfied, that he is writing to the Secretary of State to request a screening direction.
6
For the purpose of paragraph (5)(b) the condition is —
a
if the application referred to in paragraph (2) is an application for planning permission, that the Secretary of State has made a screening direction in respect of the development;
b
if the application referred to in paragraph (2) is a subsequent application, that the Secretary of State has made a screening direction subsequent to that application in respect of the development.
7
If the applicant does not write to the authority in accordance with paragraph (5), the permission or subsequent consent sought shall, unless the condition referred to in paragraph (8) is satisfied, be deemed to be refused at the end of the relevant three week period, and the deemed refusal —
a
shall be treated as a decision of the authority for the purposes of paragraph (4)(c) of article 25 (register of applications) of the Order; but
b
shall not give rise to an appeal to the Secretary of State by virtue of section 78 (right to appeal against planning decisions and failure to take such decisions).
8
For the purpose of paragraph (7) the condition is —
a
if the application referred to in paragraph (2) is an application for planning permission, that the Secretary of State has made a screening direction to the effect that the development is not EIA development;
b
if the application referred to in paragraph (2) is a subsequent application, that the Secretary of State has made a screening direction subsequent to that application, to the effect that the development is not EIA development.
9
An authority which has given a notification in accordance with paragraph (2) shall, unless the Secretary of State makes a screening direction to the effect that the development is not EIA development, determine the relevant application only by refusing planning permission or subsequent consent if the applicant does not submit an environmental statement and comply with regulation 14(5).
10
A person who requests a screening direction pursuant to paragraph (5)(b) shall send to the Secretary of State with his request copies of —
a
his application;
b
all documents sent to the authority as part of the application;
c
all correspondence between the applicant and the authority relating to the proposed development;
d
a copy of any planning permission granted for the development; and
e
in the case of a subsequent application, documents or information relating to the planning permission granted for the development that are relevant to the application,
and paragraphs (2) to (5) of regulation 6 shall apply to a request under this regulation as they apply to a request made pursuant to regulation 5(6).
.
2
In regulation 8 (application referred to the Secretary of State without an environmental statement) —
a
in paragraph (1) omit the words “for planning permission”;
b
for paragraph (1)(b) substitute —
b
the development in question —
i
has not been the subject of a screening opinion or screening direction; or
ii
in the case of a subsequent application, was the subject of a screening opinion or direction before planning permission was granted to the effect that it is not EIA development; and
; and
c
in paragraph (6) after “permission” insert “or subsequent consent”.
3
In regulation 9 (appeal to the Secretary of State without an environmental statement) —
a
for paragraph (1)(b) substitute —
b
the development in question–
i
has not been the subject of a screening opinion or screening direction; or
ii
in the case of a subsequent application, was the subject of a screening opinion or direction before planning permission was granted to the effect that it is not EIA development; and
; and
b
in paragraphs (2) and (7) after “permission” insert “or subsequent consent”.
Amendments to Part 4 (preparation of environmental statements)
6
1
In regulation 10 (scoping opinions of the local planning authority) —
a
after paragraph (2)(a) insert —
aa
sufficient information to enable the relevant planning authority to identify any planning permission granted for the development in respect of which a subsequent application has been made;
;
b
in paragraph (9) after “planning permission” insert “or a subsequent application”.
2
In regulation 11 (scoping directions of the Secretary of State) in paragraph (6) after “planning permission” insert “or a subsequent application”.
3
In regulation 12(3)(b) (procedure to facilitate preparation of environmental statements) for “7(4)(a)” substitute “7(5)(a)”.
Amendments to Part 5 (publicity and procedures on submission of environmental statements
7
1
In regulation 13 (procedure where an environmental statement is submitted to a local planning authority) after paragraph (3) insert —
3A
Where an applicant submits an environmental statement to the authority in accordance with paragraph (1), the provisions of article 8 of and Schedule 3 to the Order (publicity for applications for planning permission) shall apply to a subsequent application as they apply to a planning application falling within paragraph 8(2) of the Order except that for the reference in the notice in Schedule 3 to the Order to “planning permission to” there shall be substituted “subsequent application in respect of”.
.
2
In regulation 14 (publicity where an environmental statement is submitted after the planning application) —
a
in paragraph (1) after “planning permission” insert “or a subsequent application”;
b
in paragraph (2)(a) after “planning permission” insert “or subsequent consent”;
c
in paragraph (2)(d) after “statement” insert “and, in the case of a subsequent application, a copy of the planning permission in respect of which that application has been made and supporting documents,”;
d
in paragraph (2A) for “7(2A)” substitute “7(3)”;
e
in paragraph (6) after “permission” insert “or subsequent consent”.
3
In regulation 15 (provision of copies of environmental statements and further information for the Secretary of State on referral or appeal) after “planning permission” insert “or subsequent consent”.
4
In regulation 17 (availability of copies of environmental statements) after “planning permission” insert “or subsequent consent”.
5
In regulation 19 (further information and evidence respecting environmental statements) —
a
in paragraph (3)(a) after “planning permission” insert “or subsequent consent”;
b
after paragraph (3)(b) insert —
bb
in the case of a subsequent application, sufficient information to enable the planning permission for the development to be identified;
;
c
in paragraph (3)(e) after “any other information” insert “and of any statement referred to as an environmental statement for the purpose of these Regulations which relates to any planning permission or subsequent application”.
Amendments to Part 6 (availability of directions etc. and notifications of decisions)
8
In regulation 20 (availability of opinions, directions etc. for inspection) —
a
in paragraph (1) after “planning application” insert “or of a subsequent application”; and
b
in paragraph (2) after “planning permission” insert “or subsequent consent”.
Amendments to Part 7 (special cases)
9
1
In regulation 22 (development by a local planning authority) —
a
in paragraph (1)(b) for “(2) to (7)” substitute “(2) to (10)”;
b
for paragraph (1)(e)(i) substitute —
i
for paragraph (1), there were substituted —
1
When a relevant planning authority making an EIA application lodge a statement which they refer to as an environmental statement for the purposes of these Regulations, they shall —
a
serve a copy of —
i
that statement;
ii
the relevant application and any plan submitted with it; and
iii
in the case of a subsequent application, the planning permission granted for the development in respect of which the subsequent application has been made and any documents or information relating to the application,
on each consultation body;
b
inform each consultation body that representations may be made to the relevant planning authority; and
c
send to the Secretary of State within 14 days of lodging the statement —
i
three copies of the statement;
ii
a copy of the relevant application and of any documents submitted with the application; and
iii
in the case of a subsequent application, the planning permission granted for the development in respect of which the subsequent application has been made and any documents or information relating to the application.
;
;
c
in paragraph (2) after “planning application” insert “or a subsequent application”.
2
In regulation 25 (unauthorised development) —
a
in paragraph (1) —
i
after “Secretary of State” insert “or an inspector”;
ii
after “shall not grant planning permission” insert “or subsequent consent”.
b
in paragraph (9) —
i
omit from “and, in either case” to “that development”;
ii
omit “such”.
c
after paragraph (9) insert —
9A
Where an inspector is dealing with an appeal under section 174 and a question arises as to whether the matters which are alleged to constitute the breach of planning control comprise or include Schedule 1 development or Schedule 2 development, the inspector shall refer that question to the Secretary of State;
9B
Before he receives a screening direction the inspector shall not determine the application which is deemed to have been made by virtue of the appeal under section 174 (“the deemed application”) except to refuse that application;
9C
Where a question is referred to the Secretary of State under paragraph (9A) he shall make a screening direction within three weeks beginning with the date on which the question was referred to him or such longer period as he may reasonably require;
9D
The Secretary of State shall send a copy of any screening direction made pursuant to paragraph (9C) forthwith to the inspector.
;
d
in paragraph (11)(a) omit “(“the deemed application”)”;
e
in paragraph (12) after “Where the Secretary of State” insert “or an inspector”;
f
in paragraph (14)(a) —
i
after “where the Secretary of State” insert “or an inspector”;
ii
after “such period as the Secretary of State” insert “or the inspector”;
iii
after “such longer period as the Secretary of State” insert “or the inspector”.
g
in paragraph (16) —
i
after sub-paragraph (b) insert —
bb
sufficient information to enable any planning permission for the development to be identified;
;
ii
in sub-paragraph (c) after “any other information” insert “and of any planning permission”;
h
in paragraph (18) after “he” insert “or an inspector”;
i
in paragraph (20) after “Secretary of State” insert “or an inspector”.
3
In regulation 26A (ROMP applications) for paragraphs (1) to (21) of regulation 26A (ROMP applications) substitute —
General application of the Regulations to ROMP applications
1
These Regulations shall apply to —
a
a ROMP application as they apply to an application for planning permission;
b
a ROMP subsequent application as they apply to a subsequent application;
c
ROMP development as they apply to development in respect of which an application for planning permission is, has been, or is to be made;
d
a relevant mineral planning authority as they apply to a relevant planning authority;
e
a person making a ROMP application as they apply to an applicant for planning permission;
f
a person making a ROMP subsequent application as they apply to a person making a subsequent application;
g
the determination of a ROMP application as they apply to the granting of a planning permission; and
h
the granting of ROMP subsequent consent as they apply to the granting of subsequent consent,
subject to the modifications and additions set out below.
Modification of provisions on prohibition of granting planning permission or subsequent consent
2
In regulation 3(1) (prohibition on granting planning permission or subsequent consent without consideration of environmental information) —
a
in sub-paragraphs (a),(c) and (d) for the words “of these Regulations” substitute “ of the Town and Country Planning (Environmental Impact Assessment)(England and Wales)(Amendment) Regulations 2000 ”;
b
in sub-paragraph (b) for the words “3 or 4 (applications for planning permission)” substitute “11 (other consents)”;
c
in the case of a ROMP application, for the words “determined in accordance with paragraph (3) of article 20 (time periods for decision) of the Order”, substitute “ the date on which a ROMP application has been made which complies with the provisions of paragraphs 2(3) to (5) and 4(1) of Schedule 2 to the 1991 Act, 9(2) of Schedule 13 to the 1995 Act, or 6(2) of Schedule 14 to the 1995 Act”;
Modification of provisions on application to local planning authority without an environmental statement
3
In the case of a ROMP application, in regulation 7(5) (application made to a local planning authority without an environmental statement) —
a
for the word “three” substitute “six”; and
b
after “the notification” insert “, or within such other period as may be agreed with the authority in writing”.
Disapplication of Regulations and modifications of provisions on application referred to or appealed to the Secretary of State without an environmental statement
4
In the case of a ROMP application, regulations 7(7) and (9), 8(5) and (6), 9(6) and (7), 22 and 32 shall not apply.
5
In the case of a ROMP application, in regulation 8(4) (application referred to the Secretary of State without an environmental statement) and in regulation 9(5) (appeal to the Secretary of State without an environmental statement) —
a
for the word “three” substitute “six”;
b
after “the notification” insert “, or within such other period as may be agreed with the Secretary of State in writing,”.
Substitution of references to section 78 right of appeal and modification of provisions on appeal to the Secretary of State without an environmental statement
6
In the case of a ROMP application, in regulations 9(1) and 15(b), for the references to “section 78 (right to appeal against planning decisions and failure to take such decisions)” substitute —
paragraph 5(2) of Schedule 2 to the 1991 Act, paragraph 11(1) of Schedule 13 to the 1995 Act or paragraph 9(1) of Schedule 14 to the 1995 Act (right of appeal)
.
7
In the case of a ROMP application, in regulation 9(2) (appeal to the Secretary of State without an environmental statement) omit the words “, except by refusing planning permission or subsequent consent,”.
Modification of provisions on preparation, publicity and procedures on submission of environmental statements
8
In the case of a ROMP application, in regulations 10(9) and 11(6) for the words “an application for planning permission or a subsequent application” substitute “a ROMP application which relates to another planning permission which authorises”.
9
In the case of a ROMP application, in regulation 13 (procedure where an environmental statement is submitted to a local planning authority) after paragraph (3) insert —
3A
Where an applicant submits an environmental statement to the authority in accordance with paragraph (1), the provisions of article 8 of and Schedule 3 to the Order (publicity for applications for planning permission) shall apply to a ROMP application under paragraph —
a
2(2) of Schedule 2 to the 1991 Act; and
b
6(1) of Schedule 14 to the 1995 Act
as they apply to a planning application falling within paragraph 8(2) of the Order except that for the references in the notice in Schedule 3 to the Order to “planning permission” there shall be substituted “determination of the conditions to which a planning permission is to be subject” and that notice shall refer to the relevant provisions of the 1991 or 1995 Act pursuant to which the application is made.
.
10
In the case of a ROMP application, in regulation 14 (publicity where an environmental statement is submitted after the planning application) —
a
in paragraph (2)(a) for the words “and that he is the applicant for planning permission or subsequent consent” substitute —
, that he has applied for determination of the conditions to which a planning permission is to be subject, the relevant provisions of the 1991 or 1995 Act pursuant to which the application is made
;
b
for paragraph (6) substitute —
6
Where an applicant indicates that he proposes to provide such a statement and in such circumstances as are mentioned in paragraph (1), the relevant planning authority, the Secretary of State or the inspector, as the case may be, shall suspend consideration of the application or appeal until the date specified by the authority or the Secretary of State for submission of the environmental statement and compliance with paragraph (5); and shall not determine it during the period of 21 days beginning with the date of receipt of the statement and the other documents mentioned in paragraph (5).
.
11
In the case of a ROMP application, in regulation 15 (provision of copies of environmental statements and further information for the Secretary of State on referral or appeal), in paragraph (a) for “section 77” substitute “paragraph 7(1) of Schedule 2 to the 1991 Act, paragraph 13(1) of Schedule 13 to the 1995 Act or paragraph 8(1) of Schedule 14 to the 1995 Act”.
12
In the case of a ROMP application, in regulation 17 (availability of copies of environmental statements) after “the Order” insert “(as applied by regulation 13(3A) or by paragraph 9(5) of Schedule 13 to the 1995 Act),”.
13
In the case of a ROMP application, in regulation 19 (further information and evidence respecting environmental statements) —
a
in paragraph (3) for the words “applicant for planning permission or subsequent consent or the appellant (as the case may be)” substitute —
person who has applied for or who has appealed in relation to the determination of the conditions to which the planning permission is to be subject, the relevant provisions of the 1991 or 1995 Act pursuant to which the application is made
;
b
in paragraph (7) after the words “application or appeal” insert “until the date specified by them or him for submission of the further information”.
Modification of provisions on application to the High Court and giving of directions
14
In the case of a ROMP application, for regulation 30 (application to the High Court) substitute —
Application to the High Court
30
For the purposes of Part 12 of the Act (validity of certain decisions), the reference in section 288, as applied by paragraph 9(3) of Schedule 2 to the 1991 Act, paragraph 16(4) of Schedule 13 to the 1995 Act or paragraph 9(4) of Schedule 14 to the 1995 Act, to action of the Secretary of State which is not within the powers of the Act shall be taken to extend to the determination of a ROMP application by the Secretary of State in contravention of regulation 3.
.
15
The direction making power substituted by regulation 35(8) shall apply to ROMP development as it applies to development in respect of which a planning application is made.
Suspension of minerals development
16
Where the authority, the Secretary of State or an inspector is dealing with a ROMP application or an appeal arising from a ROMP application and notifies the applicant or appellant, as the case may be, that —
a
the submission of an environmental statement is required under regulation 7(2), 8(2) or 9(4) then such notification shall specify the period within which the environmental statement and compliance with regulation 14(5) is required; or
b
a statement should contain additional information under regulation 19(1) then such notification shall specify the period within which that information is provided.
17
Subject to paragraph (18), the planning permission to which the ROMP application relates shall not authorise any minerals development (unless the Secretary of State has made a screening direction to the effect that ROMP development is not EIA development) if the applicant or the appellant does not —
a
write to the authority or Secretary of State within the six week or other period agreed pursuant to regulation 7(5), 8(4) or 9(5);
b
submit an environmental statement and comply with regulation 14(5) within the period specified by the authority or the Secretary of State in accordance with paragraph (16) or within such extended period as is agreed in writing;
c
provide additional information within the period specified by the authority, the Secretary of State or an inspector in accordance with paragraph (16) or within such extended period as is agreed in writing; or
d
where a notification under regulation 5(3), 6(3), 10(3) or 11(3) has been received, provide the additional information requested within three weeks beginning with the date of the notification, or within such extended period as may be agreed in writing with the authority or Secretary of State, as the case may be.
18
Where paragraph (17) applies, the planning permission shall not authorise any minerals development from the end of —
a
the relevant six week or other period agreed in writing as referred to in paragraph (17)(a);
b
the period specified or agreed in writing as referred to in paragraphs (17)(b) and (c),
(“suspension of minerals development”) until the applicant has complied with all of the provisions referred to in paragraph 17 which are relevant to the application or appeal in question.
19
Particulars of the suspension of minerals development and the date when that suspension ends must be entered in the appropriate part of the register as soon as reasonably practicable.
20
Paragraph (17) shall not affect any minerals development carried out under the planning permission before the date of suspension of minerals development.
21
For the purposes of paragraphs (17) to (20) “minerals development” means development consisting of the winning and working of minerals, or involving the depositing of mineral waste.
.
4
After regulation 26A insert —
ROMP applications: duty to make a prohibition order after two years suspension of permission
26B
1
This regulation applies if, in relation to a minerals development —
a
a period of two years beginning with the suspension date has expired, and
b
the steps specified in regulation 26(A)(17) have yet to be taken.
2
The “suspension date” is the date on which the suspension of minerals development (within the meaning of regulation 26A(18)) begins.
3
Paragraph 3 of Schedule 9 to the Act has effect in relation to any part of a site as it has effect in relation to the whole site.
4
Sub-paragraph (1) of that paragraph has effect as if for the words from “the mineral planning authority may by order” to the end there were substituted —
the mineral planning authority —
i
must by order prohibit the resumption of the winning and working or the depositing; and
ii
may in the order impose, in relation to the site, any such requirement as is specified in sub-paragraph (3).
.
5
In sub-paragraphs (2)(a) and (b) of that paragraph, references to winning and working or depositing are to be read as references to winning and working or depositing for which permission is not suspended by virtue of regulation 26A(18).
6
Paragraph 4(7) of Schedule 9 to the Act has effect as if for “have effect” there were substituted “authorise that development”.
.
Amendments to Part 8 (development with significant transboundary effects)
10
In regulation 27 (development in England and Wales likely to have significant effects in another EEA State) —
a
after paragraph (3)(a) insert —
aa
a copy of any planning permission relating to the development;
; and
b
in paragraph (3)(b) for “a copy of the” substitute “a copy of any”.
Amendments to Part 9 (miscellaneous)
11
In regulation 30 (application to the High Court) after “planning permission” insert “or subsequent consent”.
Amendment of the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997
12
In regulation 4 (classes of appeal reserved for determination by the Secretary of State) of the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997 , omit paragraph (c).
Revocation of regulations 3 and 4 of the Town and Country Planning (Environmental Impact Assessment) (Mineral Permissions and Amendment) (England) Regulations 2008
13
Regulations 3 and 4 of the Town and Country Planning (Environmental Impact Assessment) (Mineral Permissions and Amendment) (England) Regulations 2008 are revoked.
Signed by authority of the Secretary of State
Caroline Flint
Minister of State
Department for Communities and Local Government
30th July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Vehicles Crime (Registration of Registration Plate Suppliers) Regulations 2008 and shall come into force on 1st August 2008.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Vehicles (Crime) Act 2001;
“company” means a body corporate but does not include a limited liability partnership or a Scottish partnership;
“fixed” in relation to a registration plate, means fixed in accordance with regulations made under section 22(2) or 23(2) of the 1994 Act;
“insurer” means a person who is an “authorised insurer” within the meaning of Part VI of the Road Traffic Act 1988( ;
“limited liability partnership” has the same meaning as that expression bears in the Limited Liability Partnerships Act 2000( or the Limited Liability Partnerships Act (Northern Ireland) 2002 , as appropriate;
“limited partnership” has the same meaning as that expression bears in the Limited Partnerships Act 1907 ;
“partnership” includes a partnership under the Partnership Act 1890 and a limited partnership registered in England and Wales but does not include a limited liability partnership or a Scottish partnership;
“the register” means the register maintained by the Secretary of State under section 18 of the Act;
“registration certificate” has the same meaning as that expression bears in Council Directive 1999/37/ EC on the registration documents for vehicles ;
“registration document” means a registration certificate issued in accordance with regulations under section 22(1) of the 1994 Act;
“relevant policy” means an insurance policy issued by an insurer in respect of a vehicle which has sustained damage;
“relevant repairer” means a person carrying on the business of a vehicle repairer who, in respect of the sale of a registration plate, is acting under the instruction or direction of an insurer;
“Scottish partnership” means a firm within the meaning of section 4(2) of the Partnership Act 1890 or, where a firm is registered in Scotland, within the meaning of section 3 of the Limited Partnerships Act 1907;
“sole trader” includes a representative of an unincorporated association other than a partnership.
2
In these Regulations a reference to a document in terms of the letter V and a number is a reference to the document issued by the Secretary of State bearing that letter and number and a reference to such document includes any equivalent of that document issued in Northern Ireland or Wales, as appropriate.
Exempted activity
3
The transfer of possession of a registration plate in consequence of the sale or other transfer of the vehicle to which it is fixed and to which the registration mark which is displayed on that registration plate has been assigned shall be treated for the purposes of Part 2 of the Act as not being an activity which consists in selling registration plates where the seller or transferor, as the case may be, of the vehicle is a dealer in vehicles and —
a
he has arranged the first registration in the United Kingdom of the vehicle on behalf of the intended purchaser or keeper; or
b
the registration plate was not fixed to the vehicle by him or on his behalf.
Prescribed particulars of register
4
The register shall contain the following particulars as respects each registered person’s entry —
a
in the case of a sole trader —
i
the full name and residential address of the trader;
ii
any other name under which he trades;
iii
the address of all premises where he carries on business as a registration plate supplier;
b
in the case of a partnership in England and Wales or Northern Ireland —
i
the firm name;
ii
the name and address of each partner;
iii
the address of the firm’s principal place of business and, in the case of a limited partnership, this address shall be that which is registered as such under the Limited Partnerships Act 1907;
iv
the address of any other premises where the firm carries on business as a registration plate supplier;
c
in the case of a Scottish partnership —
i
the firm name;
ii
the name and address of each partner;
iii
the address of the firm’s principal place of business;
iv
the address of any other premises where the firm carries on business as a registration plate supplier;
d
in the case of a limited liability partnership —
i
the name and number under which it is registered pursuant to the Limited Liability Partnerships Act 2001 or the Limited Liability Partnerships Act (Northern Ireland) 2002;
ii
its registered office for the purposes of the Act pursuant to which it is registered;
iii
the address of its principal place of business if different from its registered office;
iv
the address of any other premises where it carries on business as a registration plate supplier;
e
in the case of a company —
i
the name and number under which it is registered pursuant to the Companies Act 2006 ;
ii
its registered office for the purposes of that Act;
iii
the address of its principal place of business if different from its registered office;
iv
the address of any other premises where it carries on business as a registration plate supplier; and
f
in all cases —
i
a telephone number for the registered person or firm;
ii
the date of registration and of any suspension of registration;
iii
details of any conviction of that person, or any partner in that firm, for an offence under Part 2 of the Act where less than five years or, in the case of any natural person aged under eighteen years at the date of his conviction, less than thirty months has elapsed since the date of that conviction;
iv
the identification number allocated to the person or firm upon registration under Part 2 of the Act.
Application for registration
5
An application for registration under section 19 of the Act shall —
a
contain the particulars which an entry in the register in respect of that applicant would be required to contain under regulation 4, save for sub-paragraphs (ii) to (iv) of paragraph (f), were the applicant to be registered; and
b
be accompanied by a fee of £40 in respect of each of the premises to be entered in the register as the principal place of business or one at which the business of supplying registration plates is to be carried on.
Information on sale of registration plates
6
1
Subject to paragraphs (4) and (5), a registered person (other than a relevant repairer in circumstances where paragraph (9) applies) shall obtain from the prospective purchaser of a registration plate the information referred to in paragraph (2) before the sale takes place.
2
The information is —
a
where the prospective purchaser is the partnership or is one or more partners of a partnership purchasing on behalf of the partnership, the firm name and the address of the principal place of business or that firm;
b
where the prospective purchaser is a Scottish partnership, the firm name and the address of the principal place of business of that firm;
c
where the prospective purchaser is a limited liability partnership, its name and office as registered under the Limited Liability Partnerships Act 2001 or the Limited Liability Partnerships Act (Northern Ireland) 2002 and its principal place of business if different from its registered office;
d
where the prospective purchaser is a company, its name and office as registered under the Companies Act 2006 and its principal place of business if different from its registered office;
e
where the prospective purchaser is not within sub-paragraph (a), (b), (c) or (d), the purchaser’s name and residential or other address;
f
where a person is acting as agent for a prospective purchaser, the name and address of that agent;
g
the registration mark to be displayed on the plate; and
h
the connection of the prospective purchaser with the registration mark or the vehicle on which the registration plate is intended to be fixed.
3
Subject to paragraph (4), where a registered person is a relevant repairer and paragraph (9) applies he shall, before the sale takes place, obtain from the prospective purchaser —
a
the information referred to in —
i
paragraph (2)(a), (b), (c), (d) or (e), as appropriate; and
ii
paragraph (2)(f) and (h); and
b
the number of the relevant policy and the name of the insurer who issued it.
4
The information referred to in paragraph (2) is not required to be obtained where the prospective purchaser is a registered person or a dealer in vehicles who has arranged the first registration of the vehicle as mentioned in regulation 3(a).
5
The information referred to in paragraph (2)(g) and (h) is not required to be obtained where paragraph (9) applies and the registered person is not a relevant repairer .
6
Save where paragraph (9) applies, the information referred to in paragraph (2)(a), (b), (c), (d), (e) or (f) which is obtained by the registered person shall be verified by him using one or more of the documents referred to in Part 1 of the Schedule.
7
The information referred to in paragraph (2)(h) which is obtained by a registered person, other than a relevant repairer, shall be verified by him using one or more of the documents referred to in Part 2 of the Schedule.
8
Where the registered person is a relevant repairer the information referred to in paragraph (2) (h) which is obtained by him shall be verified by him using one or more of the documents referred to in Part II of the Schedule unless that information is verified using the information referred to in paragraph (3)(b).
9
This paragraph applies where the registration plate is fixed to the vehicle to which there has been assigned the registration mark displayed on the registration plate and that vehicle is to be sold or transferred with the registration plate fixed to it.
10
Section 25(3) of the Act shall apply to the provisions of this regulation.
Keeping of records by registered persons
7
1
A registered person shall keep at his principal place of business, or at any other premises at which he carries on business as a registration plate supplier, records which meet the requirements of paragraphs (2) to (4).
2
Each sale of a registration plate shall be recorded by date and the record relating to that sale shall be kept for a period of at least three years after such date.
3
In respect of each sale there shall be recorded —
a
the information obtained in accordance with regulation 6;
b
the registration mark displayed on the registration plate (where not recorded under sub-paragraph (a)); and
c
details of all documents used for verification in accordance with regulation 6(6), (7) or (8).
4
The details referred to in paragraph (3)(c) shall include —
a
in the case of a document used for verification in accordance with regulation 6(6), such particulars or numbers (if any) appearing on the document as purport to make it, or those particulars or numbers (or both), unique to the purchaser and which in the case of a document referred to in paragraph 1(a) or 2(a) of the Schedule shall be the driver number;
b
in the case of a document referred to in paragraph 1(c) or 4(a) of the Schedule the reference number of that document and in the case of the document referred to in paragraph 4(g) of the Schedule, the reference number referred to in that document.
5
The record of the details of a document used for verification may consist of a copy of that document.
6
Section 24(4) of the Act shall apply to the provisions of this regulation.
Revocations
8
The Vehicles Crime (Registration of Registration Plate Suppliers) (England and Wales) Regulations 2002 , the Vehicles Crime (Registration of Registration Plate Suppliers) (England and Wales) (Amendment) Regulations 2003 and the Vehicles Crime (Registration of Registration Plate Suppliers) (England and Wales) (Amendment) Regulations 2005 are hereby revoked.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
30th June 2008


text:
Citation, commencement and effect
1
1
This Order may be cited as the Taxation of Pension Schemes (Transitional Provisions) (Amendment) Order 2008 and shall come into force on 1st January 2009.
2
Article 3 shall have effect in respect of payments of pension made on or after 6th April 2006.
3
Article 4 shall have effect in respect of lump sums paid on or after 6th April 2006.
Amendment of Taxation of Pension Schemes (Transitional Provisions) Order 2006
2
The Taxation of Pension Schemes (Transitional Provisions) Order 2006 is amended as follows.
3
After article 5 insert —
Reduction in rate of pension
5A
1
Part 4 of the 2004 Act shall be modified as set out in paragraph (2) in a case where the following conditions are satisfied —
a
the pension came into payment before 3rd July 2007;
b
the pension is paid to a person who was a member of the pension scheme on 5th April 2006;
c
on 5th April 2006 the rules of the pension scheme included provision that there shall or may be a reduction in the rate of the pension (“the rate reduction provisions”);
d
the pension is paid at a rate required or permitted by the rate reduction provisions;
e
the rate reduction provisions would not have prejudiced the approval of the pension scheme by the Inland Revenue or by Her Majesty’s Revenue and Customs;
f
the rate reduction provisions did not change in any material particular between 5th April 2006 and the date at which the pension became payable at the reduced rate.
2
In paragraph 2(4) of Schedule 28 to the 2004 Act insert after paragraph (d) —
da
a reduction in respect of which an order made under section 283(2) and (3C) makes transitional provision,
.
3
For the purposes of this article, whether something would have prejudiced the approval of the pension scheme by the Inland Revenue or by Her Majesty’s Revenue and Customs is to be determined —
a
in the case of an occupational pension scheme approved for the purposes of Chapter 1 of Part 14 of ICTA , in accordance with the publication IR 12(2001) (known as the Occupational Pension Schemes Practice Notes) published by the former Inland Revenue Pension Schemes Office on 23rd March 2001, and
b
in the case of a personal pension scheme approved under Chapter 4 of Part 14 of ICTA, in accordance with the publication IR 76(2000) published by the former Inland Revenue Pension Schemes Office on 20th November 2000,
as each of those publications stood at 5th April 2006.
.
4
In article 23, in the provisions of paragraph 34(2) of Schedule 36 to the Finance Act 2004 that are substituted by paragraph (2) (in certain cases; see article 21) —
a
in sub-paragraph (5), omit the words from “relevant benefit accrual” to “2006”; and
b
omit sub-paragraph (6).
Tony Cunningham
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
17th November 2008


text:
1
This order may be cited as the Armed Forces 2006 (Commencement No. 3) Order 2008.
2
The following provisions of the Armed Forces Act 2006 shall come into force on 1st October 2008 —
a
section 343;
b
section 374 so far as is necessary to bring into force the definitions of “civilian court”, “Her Majesty’s forces”, “British overseas territory police force”, “overseas police force” and “ UK police force”;
c
section 367 so far as it relates to any provision made under section 343;
d
section 375 so far as not already in force; and
e
section 378(2) so far as is necessary to bring into force Schedule 17 for the repeal of sections 135 to 137 of the Army Act 1955 and of the Air Force Act 1955 .
3
The repeals referred to in article 2(e) shall not have effect in relation to —
a
a board of inquiry under section 135 of the Army Act 1955 or of the Air Force Act 1955 convened before 1st October 2008, or
b
an inquiry under section 137 of either of those Acts which was begun before that date.
4
The following provisions of the Armed Forces Act 2006 shall come into force —
a
paragraphs 21(c), 37(a) and 43(b) of Schedule 8;
b
section 364; and
c
section 378(2) so far as is necessary to bring into force Schedule 17 for the repeal of section 11 of the Criminal Justice Act 1967 .
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
24th June 2008