type: legislation

jurisdiction: UK

text:
PART 1 General
Citation, commencement and application
1
1
These Regulations may be cited as the School Admissions (Admission Arrangements) (England) Regulations 2008.
2
These Regulations come into force on 31st December 2008.
3
They apply in relation to admission arrangements for schools in England for the academic year 2010-2011 and subsequent years.
Interpretation
2
1
In these Regulations —
“ SSFA 1998 ” means the School Standards and Framework Act 1998;
“academic year” means a period commencing with 1st August and ending with the next 31st July;
“additional radial area” means any part of the radial area which falls outside the relevant area for consultation about the proposed admission arrangements for a school (but excluding any part of such an area that is in Scotland);
“admission authority” has the meaning in section 88(1);
“admission number” means the number of children in any relevant age group intended to be admitted in any academic year as determined or, where the context requires, proposed to be determined by an admission authority in accordance with section 88D;
“determination year”, in relation to the proposed admission arrangements for a school, means the academic year beginning two years before the academic year which the arrangements will be for;
“local authority” means a local education authority;
“indicated admission number” means the number of pupils in any relevant age group referred to as such in, and determined in accordance with the net capacity assessment method set out in, the guidance “Assessing the Net Capacity of Schools” issued by the Department for Education and Skills in August 2002;
“main entrance” means the principal entrance to the school premises or, if the school has more than one site, the principal entrance to the main administrative building of the school;
“oversubscription criteria” means the criteria to be used to allocate places at a school if the admission authority receives more applications than there are places available;
“pre-existing selection arrangements” means any selection arrangements which —
were included in the admission arrangements for a school at the beginning of the academic year 1997/98 and for each subsequent academic year, and
which depend solely for their lawfulness on section 100 (permitted selection: pre-existing arrangements) (that is to say they are not rendered lawful by section 99(2)(c) (sixth forms) , section 101 (permitted selection: pupil banding) , section 102 (permitted selection: aptitude for particular subjects) , or section 39(1)(b) of the Education and Inspections Act 2006 (grammar schools) ;
“prescribed alteration” means an alteration prescribed for the purposes of section 18 of the Education and Inspections Act 2006;
“radial area” is the area described by a circle —
of which the centre is the main entrance to the school to which the proposed admission arrangements relate, and
which has a radius of 3.2 kilometres in the case of a primary school and 8 kilometres in the case of a secondary school (but excluding any part of such an area that is in Scotland); and
“relevant area” has the meaning in section 88F(4) and The Education (Relevant Areas for Consultation on Admission Arrangements) Regulations 1999 ;
“school” means a community, foundation or voluntary school;
“School Admissions Code” means any code for school admissions issued under section 84; and
“selection arrangements” means those arrangements (if any) in the admission arrangements determined for a school for a particular academic year which make provision for the selection of pupils by ability or aptitude within the meaning of section 99(5).
2
For the purposes of these Regulations admission arrangements for a school are treated as being for the particular academic year in which pupils are to be admitted to the school in consequence of the arrangements.
3
Save where otherwise appears, any reference in these Regulations to a numbered section is a reference to that section of SSFA 1998.
Regulations revoked
3
1
Subject to paragraph (2) the Regulations set out in Schedule 1 are revoked.
2
The Regulations referred to in Schedule 1 continue to have effect in relation to admission arrangements for schools in England for the academic years 2008-2009 and 2009-2010.
PART 2 Admission arrangements: general
Determination of admission numbers
4
For the purposes of section 88D(1) an admission authority must have regard to the current indicated admission number when determining the admission number for a relevant age group.
Proportion of selective admissions
5
1
This regulation has effect for the purposes of calculating the proportion of selective admissions within the meaning of section 100(3) and section 102(4) in relation to the admission of pupils in any relevant age group to a school in any year.
2
For the purposes of that calculation the total number of pupils in any such age group admitted to the school in an academic year shall be taken to equal the number of pupils in that age group which it is intended to admit to the school in that year.
Selection by aptitude for particular subjects
6
1
Subject to paragraph (2) the following subjects are prescribed for the purposes of section 102 —
a
modern foreign languages, or any such language,
b
the performing arts, or any one or more of the performing arts,
c
the visual arts, or any one or more of the visual arts,
d
physical education or sport, or one or more sports,
e
design and technology,
f
information technology.
2
The subjects in sub-paragraphs (e) and (f) of paragraph (1) are prescribed in relation to admission arrangements for the academic year 2010-2011 and subsequent academic years, only if the admission arrangements for that school made provision for the selection of pupils by reference to their aptitude in those subjects in relation to the academic year 2007-08 and each subsequent year.
PART 3 Admission arrangements: looked after children
Action to be taken by an admission authority to give priority to looked after children in its admission arrangements
7
1
Except where regulations 8, 9, 10 or 11 apply, an admission authority must give first priority in its oversubscription criteria to all relevant looked after children.
2
For the purposes of this Part —
a
“relevant looked after child” means a child who is looked after by a local authority in accordance with section 22 of the Children Act 1989 at the time an application to a school is made, and who the local authority has confirmed will still be looked after at the time when he is admitted to the school; and
b
any reference to an admission authority giving priority in its oversubscription criteria to a relevant looked after child is a reference to the authority giving priority to such a child when determining its admission arrangements before the beginning of each school year in accordance with section 88C;
Grammar schools
8
1
This regulation applies to an admission authority for a grammar school as defined by section 104(7).
2
No priority need be given to a relevant looked after child where the arrangements for the admission of pupils are wholly based on selection by reference to ability and provide for only those pupils who achieve the highest ranked results in any selection test to be admitted.
3
Where paragraph (2) does not apply, the admission authority must give first priority in its oversubscription criteria to all relevant looked after children who meet the pre-set standards of the school.
Schools designated as having a religious character
9
1
This regulation applies to an admission authority for a school which has been designated as having a religious character by an order under section 69(3).
2
The admission authority may give first priority in its oversubscription criteria to all relevant looked after children, whether or not they are of the same faith as that which applies to the school in accordance with its designation, and must in any event —
a
give first priority to all relevant looked after children who are of that faith over all other children of that faith, and
b
give higher priority to all relevant looked after children not of that faith than all other children not of that faith.
Schools with pre-existing selection arrangements
10
1
This regulation applies to an admission authority for a school which has pre-existing selection arrangements.
2
The admission authority must give first priority in its oversubscription criteria to all relevant looked after children who are eligible for selection for admission by reference to ability or aptitude over all other children who have been so selected.
3
Where the admission authority has allocated places in accordance with paragraph (2), all relevant looked after children who have not been allocated a place on the basis of their ability or aptitude must be given higher priority in the oversubscription criteria than all other children who have not been offered a place on the basis of their ability or aptitude.
Schools which select by pupil banding
11
1
This regulation applies to an admission authority for a school which makes provision for selection by ability in accordance with section 101(1) or (1A) (permitted selection: pupil banding) .
2
The admission authority must give first priority in its oversubscription criteria to a relevant looked after child within each band over another child who is eligible for a school place within that band.
PART 4 Procedure for determining admission arrangements: consultation
Persons who must be consulted
12
1
This regulation prescribes for the purposes of section 88C(2) the persons who must be consulted about proposed admission arrangements for a school.
2
Subject to regulation 15 the following persons must be consulted —
a
whichever of the governing body and the local authority are not the admission authority;
b
the admission authorities for all other schools in the relevant area;
c
the governing bodies for all community and voluntary controlled schools in the relevant area (so far as not falling within sub-paragraph (a) or (b));
d
where the admission authority for the school is the local authority, any neighbouring local authority;
e
where the admission authority for the school is the governing body, any relevant local authority (so far as not required by sub-paragraph (a) or (b));
f
the admission forum established by the local authority;
g
relevant parents;
h
such other persons in the relevant area or the additional radial area who appear to the admission authority to have an interest in the proposed admission arrangements; and
i
in the case of a foundation or voluntary school which is designated as having a religious character by an order under section 69(3), the body or person representing the religion or religious denomination in question.
3
For the purposes of sub-paragraphs (2)(b) and (c) in the case of a primary school the admission authority need only consult the admission authorities for other schools in the relevant area which are primary schools.
4
For the purposes of sub-paragraph (2)(d) a local authority is “neighbouring”, in relation to another local authority, if the areas of the two authorities adjoin to any extent.
5
For the purposes of sub-paragraph (2)(e) a local authority is “relevant” if any part of its area falls within the relevant area for consultation or the additional radial area.
6
For the purposes of sub-paragraph (2)(g) “relevant parents” means all parents who fall within regulation 26.
7
For the purposes of sub-paragraph (2)(i) —
a
the bodies or persons listed in the second column of the Table must be consulted about proposed admission arrangements for schools designated as having the religion or religious denomination listed in the first column of the Table, and
b
where a school is designated as having more than one religion or religious denomination, the body or person listed in the second column of the Table for each of the religions or religious denominations must be consulted about the proposed admission arrangements for that school.
Bodies and persons to be consulted in relation to the admission arrangements of schools with a religious character
Religion or religious denomination Body or person to be consulted
Church of England The appropriate diocesan authority Jewish The appropriate rabbinic authority for the school listed in Schedule 2 Methodist The Methodist Connexional Education Secretary Muslim The Association of Muslim Schools UK Quaker The Religious Society of Friends (Quakers) Roman Catholic The Diocesan Bishop or the equivalent in canon law for the diocese in which the school is situated Seventh-Day Adventist The British Union Conference of Seventh Day Adventists Sikh Nanaksar Thath Isher Darbar Trust
Matters to which consultation is to relate
13
1
This regulation prescribes for the purposes of section 88C(2) the matters to which any consultation must relate.
2
Subject to regulations 14 and 15, consultation must relate to all of the arrangements (including the whole admissions policy and any supplementary information form) which the admission authority propose to determine as the admission arrangements for the school for the particular academic year, except any exempt arrangements.
3
For the purposes of paragraph (2) admission arrangements are exempt to the extent that —
a
in the case of a grammar school, they make provision that the school should retain selective admission arrangements as defined by section 104(2) or that the school should cease to have such arrangements in accordance with section 108 or section 109; or
b
section 88C is excluded by section 103(1) and (2) from applying to their determination (making or abandonment of provision for selection which constitutes a prescribed alteration) .
Additional consultation: proposed increase in admission number
14
1
Where the proposed admission arrangements include an admission number which exceeds the admission number determined for the previous academic year by 27 or more —
a
the admission authority must also consult any trade union representing staff at the school who may be affected by the proposed increase, and
b
such consultation need only relate to the proposed admission number.
2
For the purposes of this regulation “staff” means any person who works at the school.
Circumstances where consultation is not required
15
1
This regulation prescribes for the purposes of section 88C(2) the circumstances in which an admission authority is not required to consult on its proposed admission arrangements.
2
An admission authority is not required to consult on its proposed admission arrangements for the academic year 2011-12 and any subsequent academic year where —
a
it consulted on its proposed admission arrangements in accordance with section 88C(2) in one or both of the two preceding determination years, and
b
the proposed admission arrangements are the same as those determined following the last such consultation.
Manner of consultation
16
1
An admission authority must communicate their proposed admission arrangements by —
a
sending each person who must be consulted by virtue of sub-paragraphs (a) to (f) and (i) of regulation 12(2) or regulation 14 a copy of the proposed admission arrangements and inviting their comments,
b
displaying a copy of their proposed admission arrangements on their website (if they have one) together with details of the person within the admission authority to whom comments may be sent, for the duration of the consultation held by virtue of regulation 17(1) and (2), and
c
publishing, in a newspaper circulating in the locality of the local authority-
i
information about where a copy of their proposed admission arrangements may be obtained, and
ii
details of the person within the admission authority to whom comments may be sent.
2
For the purposes of this regulation the proposed admission arrangements must include any exempt arrangements (within the meaning of regulation 13) together with an indication that comments are not sought on any such element of the proposed admission arrangements.
3
Communication under paragraph (1) (a) may be effected by the transmission of a copy of the proposed admission arrangements in electronic form, except in any case where there are grounds for believing that the intended recipient is unable to make use of it in that form.
Time for consultation and determination of admission arrangements
17
1
Subject to paragraph (2) every admission authority must, in respect of their proposed admission arrangements for the school for each academic year, take all steps necessary to ensure that they will have completed any consultation required by section 88C and these Regulations before 1st March in the determination year.
2
Any consultation —
a
must allow consultees at least eight weeks to respond, and
b
in the case of consultations in relation to admission arrangements for the academic year 2011-2012 and subsequent years, must start no earlier than 1st November in the determination year.
3
Every admission authority must take all steps necessary to ensure that they determine their admission arrangements before 15th April in the determination year.
PART 5 Notification and publication of determined admission arrangements
Manner of notification of admission arrangements
18
1
This regulation prescribes for the purposes of section 88C(4) the manner in which, and the time by which, an admission authority must notify the appropriate bodies of determined admission arrangements.
2
For the purposes of this regulation and regulation 22 “appropriate bodies” has the meaning given in section 88F(3) and —
a
for the purposes of section 88F(3)(d) the prescribed admission authorities are those falling within regulation 12(2)(d) and (4);
b
for the purposes of section 88F(3)(e) the religious bodies or persons are those set out in regulation 12(2)(i) and (7); and
c
for the purposes of section 88F(3)(g) the prescribed persons are those persons falling within regulation 12(2)(g) and (h) and (6).
3
The admission authority must, within 14 days after the date on which they determined the admission arrangements —
a
give notice in writing of the admission arrangements to —
i
each of the appropriate bodies set out in section 88F(3)(a) to (f),
ii
any person falling within section 88F(3)(g) who responded to any consultation carried out under section 88C(2), and
iii
any person whom the admission authority were required to consult by virtue of regulation 14; and
b
place a copy of the determined admission arrangements on their website (if they have one).
4
Where the determined admission arrangements differ in any respect from the proposed arrangements on which the appropriate bodies were consulted (save any difference which relates solely to exempt arrangements within the meaning of regulation 13(3)), the notification required by paragraph (3) must include a complete copy of the admission arrangements as determined.
5
Notification under paragraph (3)(a) may be effected by the transmission of the notification in electronic form, except in any case where there are grounds for believing that the intended recipient is unable to make use of it in that form.
6
Arrangements published under sub-paragraph (3)(b) must be displayed on the website until such time as they are replaced by arrangements published under regulation 22(2)(b) or by arrangements determined for the following academic year.
Publication by local authority
19
1
No later than 1st May in the determination year, a local authority must publish the following information on their website, and in a newspaper circulating in the locality of the local authority, namely —
a
the extent to which admission arrangements have been determined for schools, Academies, city technology colleges and city colleges for the technology of the arts in the area of the local authority;
b
the fact that copies of the determined admission arrangements are available on the local authority’s website and are available for inspection at the offices of the local authority and at such other places and by such other means as the local authority considers appropriate;
c
a statement about parents’ right of objection to the adjudicator explaining —
i
the effect of section 88H(3) ( reference of objections to the adjudicator by parents ),
ii
that a parent may only refer an objection if the objection falls within regulation 27 and the parent falls within the relevant paragraph of regulation 26, and
iii
the operation of regulation 28 in relation to objections falling within regulation 27(b);
d
the address to which such objection should be referred;
e
the date by which it must be referred; and
f
the fact that further information about the determined arrangements and the ability of a parent to object may be obtained from the local authority including the address and telephone number for such contact.
2
Where determined admission arrangements are varied under regulation 21, the local authority must publish a copy of the varied admission arrangements on their website within 14 days of —
a
the variation, or
b
in the case of admission arrangements for a school for which the local authority is not the admission authority, receipt of notification under regulation 22(3).
Additional publication by admission authority
20
1
This regulation applies in any case where-
a
the admission arrangements for a school determined by an admission authority include pre-existing selection arrangements;
b
the determined admission number for any relevant age group at a school is lower than the current indicated admission number for that age group.
2
Within 14 days after the date on which the admission authority determined the admission arrangements they must publish the following information in a newspaper circulating in the locality served by the school —
a
in a case falling within paragraph (1)(a) —
i
the names of the admission authority and of the school or schools in respect of admission to which the provision for selection applies, and
ii
the fact that admission arrangements have been determined which make provision for selection and a statement summarising the effect of the selection arrangements;
b
in a case falling within paragraph (1)(b) —
i
the names of the admission authority and of the school or schools in respect of which an admission number lower than the current indicated admission number has been determined for any relevant age group,
ii
the current indicated admission number relating to each relevant age group to which the admission authority had regard when determining a lower admission number,
iii
the determined admission number relating to each relevant age group which is lower than the current indicated number for that age group, and
iv
the admission authority’s reasons for determining an admission number which is lower than the current indicated admission number; and
c
in either case —
i
the fact that parents living in the relevant area are able to refer an objection about the selection arrangements or, as the case may be, the admission number to the adjudicator,
ii
the address to which, and the date by which, such an objection must be sent to the adjudicator, and
iii
the fact that further information about the selection arrangements or, as the case may be, the admission number, or about parents’ right of objection may be obtained from the admission authority, including an address and telephone number for such contact.
3
An admission authority must in addition provide to any person without charge on request —
a
a copy of the selection arrangements or, as the case may be, details of the assessment of the school’s current indicated admission number relating to any relevant age group for which a lower admission number has been determined, and of any other parts of the admission arrangements that are material to them; and
b
an explanation of the relevant area that applied to the admission authority’s consultation on the admission arrangements.
PART 6 Variation and alteration of determined admission arrangements
Variation of admission arrangements
21
1
This regulation prescribes for the purposes of section 88E(9)(b) the circumstances in which an admission authority may vary the admission arrangements they have determined for a particular academic year.
2
An admission authority may vary its admission arrangements to the extent that such variation is necessary to give effect to an admission forum protocol.
3
An admission authority may vary its admission arrangements under which pupils are to be admitted to the school to the extent that such variation is necessary to give effect to any mandatory requirements of —
a
the School Admissions Code; or
b
Part 3 of SSFA 1998 (school admissions) .
4
For the purposes of this regulation an “admission forum protocol” means an arrangement of an admission forum which aims to ensure that children who have no school place are offered a place at a suitable school as quickly as possible.
Notification of variation of admission arrangements
22
1
This regulation prescribes for the purposes of section 88E(8) and (9) the manner in which, and the time by which, an admission authority must notify the appropriate bodies of admission arrangements varied —
a
under section 88E(6), or
b
under regulation 21.
2
The admission authority must, within 14 days after the date on which the admission arrangements are varied —
a
give notice in writing to each of the appropriate bodies set out in section 88F(3)(a) to (f), and to any person falling within section 88F(3)(g) who responded to any consultation carried out under section 88C(2); and
b
display a copy of the determined admission arrangements on their website (if they have one).
3
The notification required by paragraph (2) must include a complete copy of the admission arrangements as varied.
4
Notification under paragraph (2)(a) may be effected by the transmission of the notification in electronic form, except in any case where there are grounds for believing that the intended recipient is unable to make use of it in that form.
5
Arrangements published under sub-paragraph (2)(b) must be displayed on the website until such time as they are replaced by further arrangements published under this regulation or by arrangements determined for the following academic year.
Restriction on alteration of admission arrangements following establishment or expansion
23
1
For the purposes of section 88G(1)(d) the prescribed condition is that the proposals are not for the establishment of, or alteration to, a new foundation or voluntary school which is to provide education suitable only to the requirements of persons above compulsory school age.
2
Where section 88G(2) applies in relation to a school, the admission arrangements for the initial period and the period prescribed by paragraph (3) are to be the arrangements which fall to be implemented in accordance with the proposals or in accordance with the proposals as modified.
3
For the purposes of section 88G(2)(a) the prescribed number of school years is two (“the prescribed period”).
4
Section 88C does not apply to admission authorities for schools to which section 88G applies, for school years falling within the initial period and the prescribed period.
5
For the purposes of section 86(5) to (5B) the admission arrangements of all schools to which section 88G applies that fall to be implemented in accordance with the proposals (with or without modifications) are, during the initial period and the prescribed period, to be treated as having been determined under section 88C.
6
For the purposes of section 88G(5) the prescribed circumstances are that there has been a major change in circumstances since the date when the admission arrangements were implemented.
7
At any time before the end of the prescribed period, upon the making of a reference by the admission authority (pursuant to section 88G(5) and paragraph (6)), the adjudicator may vary the admission arrangements.
8
Where the adjudicator decides that the admission arrangements must be varied pursuant to paragraph (7), that decision is binding until the end of the prescribed period.
PART 7 Reference of objections to adjudicator
Objections by appropriate persons
24
1
This regulation prescribes the objections that, by virtue of section 88H(2)(b), may not be referred under subsection 88H(2) by an appropriate person.
2
An objection may not be referred under that subsection —
a
if the substance of the objection is to seek an alteration to admission arrangements for a grammar school, which by virtue of section 104(4) may only be made in accordance with sections 105 to 109 (altering the school’s admission arrangements so that it no longer has selective admission arrangements) ; or
b
in any case where the body seeking to make an objection are the governing body of a community or voluntary controlled school, responsibility for determining the admission arrangements for the school not having been delegated to them under section 88(1)(a)(ii), and the objection is to —
i
the admission arrangements for any other community or voluntary controlled school in the relevant area (as defined in section 88F(4)) for which the local authority are the admission authority, or
ii
the admission arrangements for the school for which they are the governing body, unless the substance of the objection relates to the determination of any admission number for that school.
3
For the purposes of section 88H(6)(b) and this regulation “appropriate person” includes any person falling within regulation 12(2)(h).
Time within which objection must be referred
25
1
Subject to paragraph (2) an objection may not be referred under section 88H (2) or (3 ) unless it is received by the adjudicator on or before 31 st July in the determination year.
2
An objection which is received after the date specified in paragraph (1) must be regarded as properly referred if it was not reasonably practicable for the objection to have been received earlier than the time it was received.
Parents who are eligible to refer an objection
26
For the purposes of section 88H(3)(a) the description of a parent who may refer an objection relating to admission arrangements under that subsection is an individual who is —
a
where the objection falls within regulation 27(a), the parent of a child of compulsory school age receiving primary education;
b
where the objection falls within regulation 27(b), the parent of a child who has attained the age of two and is receiving primary education; or
c
where the objection falls within regulation 27(c) —
i
in the case of an objection to arrangements for admission for sixth form education , the parent of a child who is, or will be, eligible to apply to the school whose admission arrangements are the subject of the objection, and
ii
in any other case, the parent of a child who has attained the age of two but is not above compulsory school age;
and, in the case of the matters referred to in either paragraph (a) or (b), is resident in the relevant area for consultation relating to those admission arrangements.
Objections that may be referred by parents
27
For the purposes of section 88H(3)(b) the description of objection that may be referred under that subsection is —
a
an objection relating to pre-existing selection arrangements;
b
an objection relating to an admission number for any relevant age group which is lower than the indicated admission number for that age group; or
c
an objection that any aspect of a school’s admission arrangements does not comply with any mandatory requirements in the School Admissions Code or Part 3 of SSFA 1998 (school admissions) .
Condition to be met before determination of objections by parents
28
1
In relation to objections that fall within regulation 27(b), the condition in paragraph (2) must be satisfied before the adjudicator is required to determine an objection referred by a parent under section 88H(3).
2
The condition is that not less than ten parents who satisfy the requirement in regulation 26(b) have referred objections under section 88H(3) (or one or more such objections jointly) which —
a
are about the same admission arrangements; and
b
raise the same or substantially the same issue.
PART 8 Consideration of determined admission arrangements by the adjudicator: supplementary
Information to be provided by the admission authority
29
Where the adjudicator is carrying out his functions under sections 88H to 88J and makes a request to the admission authority for any of the information set out in Schedule 3 to these Regulations, the admission authority must provide the requested information to the adjudicator.
Steps to be taken by the admission authority pending adjudicator’s decision
30
1
This regulation prescribes for the purposes of section 88H(5)(c) and section 88I(6) the steps which may be taken by an admission authority where —
a
an objection has been referred to the adjudicator and has not yet been determined, or
b
where the adjudicator is considering the authority’s admission arrangements under section 88I(4)(a) or (5)(a) and has not yet made a decision in the case.
2
The admission authority must, within 14 days, notify whichever of the governing body and the local authority are not the admission authority of the fact that the admission arrangements are being considered by the adjudicator.
Publication of reports
31
1
This regulation prescribes for the purposes of section 88K(4)(b) the manner in which a report by the adjudicator required by section 88K(3) must be published.
2
A copy of the report must, within 14 days after the date when the adjudicator’s decision was made —
a
be displayed on the adjudicator’s website;
b
be published in a newspaper circulating in the locality served by the school;
c
be provided to all the persons whom the admission authority were required to consult by virtue of section 88C and regulation 12(2)(a) to (f) and (i) (or would have been required to consult but for the operation of regulation 15); and
d
in the case of an objection under section 88H, be provided to the parties to the objection.
3
Publication required by paragraph (2)(c) and (d) may be effected by the transmission of the report in electronic form, except in any case where there are grounds for believing that the intended recipient is unable to make use of it in that form.
Power to alter arrangements following adjudicator’s decision
32
1
This regulation applies where —
a
the adjudicator has made a decision under section 88H(4) to uphold an objection to admission arrangements to any extent, or a decision under section 88I(4)(b) or (5)(b) that admission arrangements do not conform with the requirements of Part 3 of SSFA 1998; and
b
a relevant admission authority reasonably believe that the arrangements which they have determined are, so far as material —
i
the same as those arrangements, or
ii
sufficiently similar for the same decision to have been made against them had they been considered by the adjudicator.
2
In a case where this regulation applies, the relevant admission authority may revise their admission arrangements by making such alterations as are necessary to achieve consistency with the decision, and may determine their arrangements in that revised form.
3
Any such determination may only be made if —
a
such alterations are made within two months of the date on which the report was published in accordance with regulation 31; and
b
the relevant authority have informed each admission authority whom they were required to consult under section 88C and regulation 12 (or would have been required to consult but for the operation of regulation 15) about the admission arrangements which they are seeking to revise under this regulation.
4
In this regulation “relevant admission authority” means an admission authority who, before they determined the admission arrangements that they wish to revise, were required to consult under section 88C (or would but for regulation 15 have been required so to consult) the admission authority in respect of which the decision was made.
Restriction on alteration of admission arrangements following adjudicator’s decision
33
1
For the purposes of section 88L(2) the required number of school years is two.
2
Section 88C does not apply to admission authorities for schools to which section 88L applies, in respect of admission arrangements that are part of the adjudicator’s decision —
i
to uphold an objection,
ii
that admission arrangements do not conform with the requirements of Part 3 of SSFA 1998, or
iii
to make a modification pursuant to section 88J(3).
3
For the purposes of section 88L(6) the prescribed circumstances are that there has been a major change in circumstances since the beginning of the period prescribed by paragraph (1).
4
On the making of a reference by the admission authority (pursuant to section 88L(6) and paragraph (3)), the adjudicator may vary the admission arrangements.
5
Where the adjudicator decides that the admission arrangements must be varied his decision is binding on the admission authority.
PART 9 Amendment of Regulations
Amendment of the Education (Infant Class Sizes) (England) Regulations 1998
34
1
The Education (Infant Class Sizes) (England) Regulations 1998 are amended as follows.
2
For the words “qualified teacher” wherever they appear substitute the words “school teacher” .
Amendment of the Information as to Provision of Education (England) Regulations 2008
35
1
The Information as to Provision of Education (England) Regulations 2008 are amended as follows.
2
In regulation 3 for the definition of “application” substitute–
“application” means a preference expressed by a parent in accordance with section 86(1), or by a parent or a child in accordance with section 86A(1)(c) or (d) of the School Standards and Framework Act 1998, as to the school at which education is to be provided for the child;
.
Amendment of the Education (Proportion of Selective Admissions) Regulations 1998
36
1
The Education (Proportion of Selective Admissions) Regulations 1998 are amended as follows.
2
After regulation 1 insert —
1A
These Regulations do not apply in England
.
Amendment of the Education (Aptitude for Particular Subjects) Regulations 1999
37
1
The Education (Aptitude for Particular Subjects) Regulations 1999 are amended as follows.
2
After regulation 1 insert —
1A
These Regulations do not apply in England.
.
Sarah McCarthy-Fry
Parliamentary Under Secretary of State
Department for Children, Schools and Families
3rd December 2008


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Sex Discrimination (Amendment of Legislation) Regulations 2008 and come into force on the fifth day after the day on which they are made, or on 6th April 2008, whichever is the later.
2
Regulations 2(1) and 4 extend to Great Britain only.
3
Regulations 1(7), 2(2) and 5 extend to Northern Ireland only.
4
Regulation 3 extends to England and Wales only.
5
The remainder of these Regulations extend to the whole of the United Kingdom.
6
In these Regulations —
“the 1975 Act ” means the Sex Discrimination Act 1975 and;
“the 1976 Order ” means the Sex Discrimination (Northern Ireland) Order 1976 .
7
The Interpretation Act (Northern Ireland) 1954 shall apply to regulations 1(3), 2(2) and 5 and Schedule 2 as it applies to an Act of the Northern Ireland Assembly.
Amendment of the 1975 Act and the 1976 Order
2
1
The 1975 Act shall be amended in accordance with Schedule 1.
2
The 1976 Order shall be amended in accordance with Schedule 2.
Amendment of the Public Heath Act 1936
3
In subsection (3)(c) of section 87 of the Public Health Act 1936 (provision of public conveniences) omit “, other than urinals,”.
Transitional provisions in respect of the 1975 Act
4
1
The amendment made by paragraph 17 of Schedule 1 (burden of proof) shall not apply in relation to proceedings where the act complained of took place before the date on which these Regulations come into force.
2
The amendment made by paragraph 18 of Schedule 1 (time for answering questions from aggrieved persons) shall not apply in the case of a question served on a respondent before the date on which these Regulations come into force.
3
Section 45(3)(a)(iv) of the 1975 Act, inserted by paragraph 13 of Schedule 1 (insurance) shall not apply to contracts entered into before 22nd December 2008.
Transitional provisions in respect of the 1976 Order
5
1
The amendment made by paragraph 17 of Schedule 2 (burden of proof) shall not apply in relation to proceedings where the act complained of took place before the date on which these Regulations come into force.
2
The amendment made by paragraph 18 of Schedule 2 (time for answering questions from aggrieved persons) shall not apply in the case of a question served on a respondent before the date on which these Regulations come into force.
3
Article 46(3)(a)(iv) of the 1976 Order, inserted by paragraph 13 of Schedule 2 (insurance), shall not apply to contracts entered into before 22 December 2008.
Signed by authority of the Lord Privy Seal
Barbara Follett
Parliamentary Secretary
Government Equalities Office
1st April 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cornwall Partnership National Health Service Trust (Transfer of Trust Property) Order 2008 and shall come into force on 1st April 2008.
2
In this Order —
“the old Trust” means the Cornwall Partnership National Health Service Trust ;
“the new Trust” means the Cornwall and Isles of Scilly Primary Care Trust;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 10th January 2008 and on behalf of the new Trust on 14th January 2008.
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 old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference in relation to the trust property to the trustees of the trust property or to the old Trust shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of Health,
Department of Health
19th February 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Child Maintenance and Other Payments Act 2008 (Commencement No. 3 and Transitional and Savings Provisions) Order 2008.
2
In this Order —
“the 1991 Act ” means the Child Support Act 1991 ;
“the relevant date” means the 27th October 2008.
3
In this Order, except where otherwise stated, any reference to a numbered section or Schedule is a reference to a section of, or Schedule to, the Child Maintenance and Other Payments Act 2008.
Appointed days for sections 20 and 36
2
The following provisions come into force on 26th September 2008 for the purpose of making regulations and on the relevant date for all other purposes —
a
section 20 (use of deduction from earnings orders as basic method of payment); and
b
section 36 (offence of failing to notify change of address).
Appointed day for other provisions
3
So far as not already in force, the following provisions come into force on the relevant date —
a
section 15(a) (repeal of section 6 of the 1991 Act);
b
sections 57(1) and 58, so far as relating to the paragraphs and entries referred to in sub-paragraphs (c) and (d) below;
c
paragraph 2(1) and (2) of Schedule 7 (minor and consequential amendments); and
d
in Schedule 8 (repeals), the entries relating to repeals in —
i
sections 4, 8, 9, 11, 12, 14, 26, 27, 27A, 28, 28A, 28F, 28J, 29, 41 and 52 of, and Schedules 4A and 4B to, the 1991 Act;
ii
sections 107 and 122(3) of the Social Security Administration Act 1992 ; and
iii
section 3 of, and paragraphs 11(3) to (6), (8) to (10), (13)(a) and (22) of Schedule 3 to the Child Support, Pensions and Social Security Act 2000 .
Transitional and savings provisions
4
1
Any existing case, as defined in paragraph (2), is to be treated from the relevant date as though the person with care had made an application under section 4 of the 1991 Act.
2
In paragraph (1) an existing case is one in which, immediately before 14th July 2008, section 6 of the 1991 Act applied in relation to a parent with care and —
a
a maintenance calculation or assessment was in force as a result of the Secretary of State acting under that section; or
b
no maintenance calculation or assessment had been made but the Secretary of State had given notice in accordance with regulation 5 of the Child Support (Maintenance Calculation Procedure) Regulations 2000 or regulation 5 of the Child Support (Maintenance Assessment Procedure) Regulations 1992 .
3
Paragraph (1) is not to apply in any case where the maintenance assessment or calculation ceases to have effect, or would have ceased to have effect had it been made, before the relevant date.
4
The repeal of section 6 of the 1991 Act is not to prevent the Secretary of State from exercising any powers that he would have otherwise had under section 41 of the 1991 Act to recover and retain arrears of child support maintenance accrued in relation to any period before the relevant date.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
25th September 2008


text:
1
These Regulations may be cited as the South Staffordshire College (Government) Regulations 2008 and come into force on 1st August 2008.
2
The Instrument of Government and Articles of Government of the further education corporation established under the name of “the South Staffordshire College” shall be as set out in Schedules 1 and 2 to these Regulations respectively.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
3rd July 2008


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 2008.
2
This Order shall come into force on 1st January 2009.
The revaluation percentage for each revaluation period
2
For the purposes of paragraph 2(1) of Schedule 3 to the Pension Schemes Act 1993, the revaluation percentage for each revaluation period specified in column 1 below is the percentage specified in column 2 in relation to that period.
Column 1 Column 2 Revaluation period Revaluation percentage
1st January 1986 - 31st December 2008 129.1% 1st January 1987 - 31st December 2008 122.3% 1st January 1988 - 31st December 2008 113.3% 1st January 1989 - 31st December 2008 101.8% 1st January 1990 - 31st December 2008 87.5% 1st January 1991 - 31st December 2008 69.1% 1st January 1992 - 31st December 2008 62.4% 1st January 1993 - 31st December 2008 56.8% 1st January 1994 - 31st December 2008 54.0% 1st January 1995 - 31st December 2008 50.7% 1st January 1996 - 31st December 2008 45.1% 1st January 1997 - 31st December 2008 42.1% 1st January 1998 - 31st December 2008 37.1% 1st January 1999 - 31st December 2008 32.9% 1st January 2000 - 31st December 2008 31.4% 1st January 2001 - 31st December 2008 27.2% 1st January 2002 - 31st December 2008 25.1% 1st January 2003 - 31st December 2008 23.0% 1st January 2004 - 31st December 2008 19.7% 1st January 2005 - 31st December 2008 16.1% 1st January 2006 - 31st December 2008 13.0% 1st January 2007 - 31st December 2008 9.1% 1st January 2008 – 31st December 2008 5.0%
Signed by authority of the Secretary of State for Work and Pensions.
William D. McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
27th November 2008


text:
PART 1 Preliminary
Citation and commencement
1
These Regulations may be cited as the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 and shall come into force on 1st February 2008.
Revocation
2
The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2006 (“the 2006 Regulations ”) are revoked.
Interpretation
3
In these Regulations —
“compliance notice” has the meaning given in regulation 14(2);
“electrical and electronic equipment” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Annex 1A to Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current;
“enforcement notice” has the meaning given in regulation 15(2);
“enforcement officer” means a person appointed to act on behalf of the Secretary of State for the purposes of enforcing these Regulations;
“infringing goods” has the meaning given in regulation 15(2)(a);
“producer” means any person who, irrespective of the selling technique used, including by means of distance communication according to Directive 97/7/EC as amended by Directive 2002/65/EC on the protection of consumers in respect of distance contracts —
manufactures and sells electrical and electronic equipment under that person’s own brand;
resells under that person’s own brand equipment produced by other suppliers, but for these purposes a reseller shall not be regarded as the producer if the brand of the producer appears on the equipment, as provided for in (a); or
imports or exports electrical and electronic equipment on a professional basis into an EEA state; and
“the 2006 Regulations” has the meaning given in regulation 2.
Electrical and electronic equipment to which these Regulations apply
4
These Regulations apply to electrical and electronic equipment that is within the categories set out in the Schedule and to electric light bulbs and to luminaires for use in households.
Electrical and electronic equipment to which these Regulations do not apply
5
These Regulations do not apply to those applications of lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls and polybrominated diphenyl ethers which are listed in the Annex to Directive 2002/95/EC of the European Parliament and of the Council on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment , as that Annex is amended from time to time.
Existing legislation
6
Nothing in these Regulations shall affect the application of existing Community legislation and national legislation as regards —
a
safety and health requirements; and
b
waste management.
PART 2 Producers’ obligations
Prohibition on hazardous substances
7
Producers shall ensure that new electrical and electronic equipment put on the market on or after 1st February 2008 does not contain lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls or polybrominated diphenyl ethers in quantities exceeding the following maximum concentration value levels —
a
0.1% by weight in homogeneous materials for lead;
b
0.1% by weight in homogeneous materials for mercury;
c
0.1% by weight in homogeneous materials for hexavalent chromium;
d
0.1% by weight in homogeneous materials for polybrominated biphenyls;
e
0.1% by weight in homogeneous materials for polybrominated diphenyl ethers; and
f
0.01% by weight in homogeneous materials for cadmium.
Technical documentation
8
Producers shall —
a
prepare technical documentation or other information showing that any electrical and electronic equipment which they have put on the market complies with the requirements of regulation 7;
b
retain that technical documentation or other information for a period of four years from the date on which they put the equipment on the market; and
c
if the Secretary of State so requests by notice in writing, submit that technical documentation or other information (or copies of it) to the Secretary of State within 28 days of the date of the notice.
PART 3 Enforcement
Enforcement authority
9
1
It shall be the duty of the Secretary of State to enforce these Regulations.
2
The Secretary of State may appoint any person to act on behalf of the Secretary of State for the purposes of paragraph (1).
3
The Secretary of State shall not commence proceedings for an offence in Scotland.
Test purchases
10
1
The Secretary of State may purchase electrical and electronic equipment for the purpose of ascertaining whether the requirements of regulation 7 have been met in respect of it.
2
If —
a
equipment purchased under this regulation is submitted to a test;
b
the test leads to the bringing of proceedings for an offence under regulation 15(1)(a) or the serving of an enforcement notice; and
c
a person —
i
from whom the equipment was purchased;
ii
who is a party to the proceedings; or
iii
who has an interest in equipment which is identified as infringing goods in an enforcement notice,
requests the Secretary of State to allow that person to have the equipment tested,
the Secretary of State shall, if it is practicable for such a test to be carried out, allow that person to have the equipment tested.
Power to require production of documents and information by notice
11
1
If the Secretary of State reasonably believes that a person possesses information or documents (other than technical documentation or other information retained by a producer as referred to in regulation 8) which may provide evidence as to whether or not the requirements of Part 2 have been contravened in a particular case or class of cases or by a particular person, the Secretary of State may give that person notice in writing, requiring that person to provide the Secretary of State with that information, those documents, or copies of them.
2
A notice given under paragraph (1) shall state the period of time within which the person to whom it is given must comply with it: this shall be a period which is reasonable in all the circumstances, and shall not in any event be less than 14 days.
Further powers to obtain evidence
12
1
The powers specified in paragraphs (3) and (4) may be exercised where the Secretary of State reasonably believes that their exercise will enable the Secretary of State to obtain evidence as to whether or not the requirements of Part 2 have been contravened in a particular case or class of cases or by a particular person.
2
Before exercising any of the powers specified in paragraph (3) or (4), enforcement officers shall, if so requested, produce a copy of their authorisations to act as enforcement officers.
3
Enforcement officers may —
a
enter at any reasonable time any premises other than premises occupied only as a person’s residence;
b
examine and investigate —
i
any process of assembly or manufacture; or
ii
any other aspect of the supply,
of electrical and electronic equipment, or the component parts of such equipment, taking place on, or organised from, such premises;
c
take such measurements and photographs and make such recordings as are necessary for the purpose of any examination or investigation under sub-paragraph (b)(i); and
d
require any person on such premises to afford them such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable them to exercise any of the powers conferred on them by sub-paragraphs (b) and (c) with due regard to the health and safety of themselves and others.
4
When enforcement officers have exercised the power of entry under paragraph (3)(a), or when, with a view to ascertaining whether or not the requirements of Part 2 have been contravened in a particular case or class of cases or by a particular person, they have agreed to meet, at a specified time and place, a person in whose possession they reasonably believe there is evidence of the kind referred to in paragraph (1), they may —
a
take samples of any articles or substances found on or in the vicinity of the premises they have entered or which are in that person’s possession;
b
require any person on the premises or at the meeting to produce, or, where the information is recorded in computerised form, furnish extracts in legible form from, any records to which that person has access —
i
which are required to be kept under regulation 8;
ii
which it is necessary for the enforcement officers to see for the purposes of an examination or investigation under paragraph (3)(b); or
iii
which take the form of existing documents which the Secretary of State could require to be produced under regulation 11,
and inspect and take copies of, or of any entry in, the records; and
c
take possession of articles or substances of the kind referred to in sub-paragraph (a) or records of the kind referred to in sub-paragraph (b), and detain them for so long as is necessary to —
i
examine them, or cause them to be examined;
ii
ensure that they are not tampered with before examination of them is completed; and
iii
ensure that they are available for use in evidence in any proceedings for an offence under regulation 16(1) or (3).
5
Where enforcement officers exercise a power conferred by paragraph (4)(a) or (b), instead of immediately —
a
taking the samples, articles or substances; or
b
requiring the production of the records,
they may require them (or, in the case of records, copies of them) to be produced at such time and place and by such means as they may reasonably specify.
Powers of entry: supplementary
13
1
When enforcement officers enter premises by virtue of regulation 12(3)(a), they may take with them such other persons and such equipment or materials as they reasonably consider it necessary or expedient to have with them —
a
for the purpose of establishing whether there has been a contravention of the requirements of Part 2; and
b
to assist them in exercising any of their powers under regulation 12(3)(b) and (c).
2
Enforcement officers who enter any premises by virtue of paragraph (3)(a) may direct that those premises, or any part of them, or anything in them, shall be left undisturbed for so long, and to such extent, as is reasonably necessary for the purpose of the exercise of any of their powers under regulation 12(3)(b) and (c).
3
Where enforcement officers leave any premises that they have entered by virtue of regulation 12(3)(a) and such premises are unoccupied or their occupier is temporarily absent, they shall leave them as effectively secured against a trespasser as they found them.
4
If enforcement officers or other persons who enter any premises by virtue of this regulation disclose to any person any information obtained by them in the premises with regard to any secret manufacturing process or trade secret, they shall, unless the disclosure was made in the performance of their duty, be guilty of an offence.
5
It shall not be an offence under paragraph (4) for a person to disclose information in circumstances where —
a
the person from whom the information was received has consented to the disclosure; or
b
the information is disclosed more than 50 years after it was received.
Compliance notice
14
1
Where there are reasonable grounds for suspecting that any of the requirements of Part 2 have not been complied with, the Secretary of State may serve a notice on the producer.
2
A notice served under paragraph (1) (a “compliance notice”) shall —
a
state that the Secretary of State suspects a requirement of Part 2 (a “relevant requirement”) has been contravened;
b
state why the Secretary of State suspects that the relevant requirement has been contravened and specify the goods in respect of which it has been contravened;
c
require the producer to whom notice is given —
i
to comply with the relevant requirement; or
ii
to provide evidence to the Secretary of State demonstrating that the relevant requirement has been complied with;
d
specify the period of time within which the producer must comply with the notice; and
e
warn the producer that, unless the requirements of the notice are complied with within the period which it specifies —
i
where a contravention of regulation 7 is suspected, the Secretary of State may take further action under regulation 15; and
ii
the producer may be prosecuted.
Enforcement notice
15
1
Where the Secretary of State serves a compliance notice on a producer on the grounds of a suspected contravention of regulation 7 and —
a
the producer fails to comply with a requirement in the compliance notice to comply with regulation 7; or
b
notwithstanding any evidence which the producer has provided in response to a requirement in the compliance notice to provide evidence demonstrating compliance with regulation 7, the Secretary of State has reasonable grounds for suspecting that the contravention has occurred and is continuing,
the Secretary of State may serve a further notice on the producer.
2
A notice served under paragraph (1) (an “enforcement notice”) shall —
a
specify the goods in respect of which the Secretary of State considers that regulation 7 has been contravened (the “infringing goods”);
b
state, in relation to the infringing goods —
i
why the Secretary of State considers that the producer has contravened regulation 7; and
ii
any respect in which the Secretary of State considers that the producer has failed to comply with a compliance notice;
c
specify the date, not less than 21 days from the date of the notice, by which the producer is required to comply with the notice; and
d
state the judicial remedies available to the producer and the time limits to which those remedies are subject.
3
An enforcement notice may —
a
require the infringing goods to be withdrawn from the market; or
b
prohibit or restrict the putting on the market of the infringing goods.
Offences
16
1
A person who contravenes or fails to comply with any of the requirements of —
a
regulation 7,
b
regulation 8, or
c
an enforcement notice,
shall be guilty of an offence.
2
A person who intentionally obstructs an enforcement officer who is acting pursuant to any provision of this Part shall be guilty of an offence.
3
A person who is subject to a requirement imposed under regulation 11 or paragraphs (3) to (5) of regulation 12 to provide information, documents or records (or copies of information, documents or records) shall be guilty of an offence —
a
if that person fails, without reasonable excuse, to comply with that requirement; or
b
if —
i
any information, document or record which that person provides in response to that requirement is false or misleading in a material respect; or
ii
any statement which that person makes in response to that requirement is false or misleading in a material respect,
and that person either knows that it is false or misleading in a material respect or is reckless as to whether it is false or misleading in a material respect.
Penalties
17
1
A person who is guilty of an offence under regulation 16(1)(a) or (c) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
2
A person who is guilty of an offence under regulation 16(1)(b), (2) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Power of the court to require matter to be remedied
18
1
Where a person is convicted of an offence under regulation 16(1) in respect of any matters which appear to the court to be matters which it is in that person’s power to remedy, the court may, in addition to or instead of imposing any punishment, order that person, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying those matters.
2
The time fixed by an order under paragraph (1) may be extended or further extended by order of the court on an application made before the end of that time as originally fixed or as extended under this paragraph, as the case may be.
3
Where a person is ordered under paragraph (1) to remedy any matters, that person shall not be guilty of an offence under regulation 16(1) in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under paragraph (2).
Recovery of expenses of enforcement
19
1
This regulation applies where a court convicts a person of an offence under regulation 16(1)(a) or (c).
2
The court may (in addition to any other order it may make as to costs or expenses) order the person convicted to reimburse the Secretary of State for any expenditure which the Secretary of State has incurred in investigating the offence, including in having the electrical and electronic equipment in respect of which the offence was committed tested.
Commencement of proceedings
20
In England and Wales a magistrates’ court may try an information, and in Northern Ireland a magistrates’ court may try a complaint, in relation to an offence under these Regulations if the information is laid or if the complaint is made within twelve months from the time when the offence is committed. In Scotland summary proceedings for such an offence may be begun at any time within twelve months from the time when the offence is committed.
Defence of due diligence
21
1
Subject to the following provisions of this regulation, in proceedings for an offence under these Regulations, a person who is shown to have taken all reasonable steps and exercised all due diligence to avoid committing the offence shall have a defence.
2
Where, in any proceedings against a person for such an offence, the defence provided by paragraph (1) involves an allegation that the commission of the offence was due to —
a
the act or default of another; or
b
reliance on information given by another,
such a defence shall not, without leave of the court, be relied on unless, not later than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), that person has served a notice in accordance with paragraph (3) on the person bringing the proceedings.
3
A notice under this regulation shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time it is served.
4
A person shall not be entitled to rely on the defence provided by paragraph (1) by reason of that person’s reliance on information supplied by another, unless it is shown that it was reasonable in all the circumstances for that person to have relied on the information, having regard in particular to —
a
the steps which that person took and those which might reasonably have been taken, for the purpose of verifying the information; and
b
whether that person had any reason to disbelieve the information.
Liability of persons other than the principal offender
22
1
Where the commission by a person of an offence under these Regulations is due to anything which another person did or failed to do in the course of a business, that other person shall be guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against the first person.
2
Where a body corporate commits an offence and it is proved that the offence was committed —
a
with the consent or connivance of an officer of the body corporate; or
b
as a result of the negligence of an officer of the body corporate,
the officer, as well as the body corporate, shall be guilty of the offence.
3
In paragraph (2) a reference to an officer of a body corporate includes a reference to —
a
a director, manager, company secretary or other similar officer of the body corporate;
b
a person purporting to act as a director, manager, company secretary or other similar officer; and
c
if the affairs of a body corporate are managed by its members, a member.
4
In this regulation references to a “body corporate” include references to a partnership in Scotland, and in relation to such partnership, any reference to a director, manager, company secretary or other similar officer of a body corporate is a reference to a partner.
Service of documents
23
1
Any document required or authorised by these Regulations to be served on a person may be so served —
a
by delivering it to that person or by leaving it at that person’s proper address or by sending it by post to that person at that address; or
b
if a person is a body corporate, by serving it in accordance with sub-paragraph (a) on the company secretary, clerk or other similar officer of that body corporate; or
c
if the person is a partnership, by serving it in accordance with sub-paragraph (a) on a partner or on a person having control or management of the partnership business.
2
For the purposes of paragraph (1), and for the purposes of section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to that paragraph, the proper address of any person on whom a document is to be served in accordance with these Regulations shall be that person’s last known address except that —
a
in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body corporate;
b
in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the principal office of the partnership;
and for the purposes of this paragraph, the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
PART 4 Miscellaneous
Continuity of obligations under the 2006 Regulations
24
1
Any act or omission which would have constituted a failure to comply with the provisions of regulations 7, 8 or 9 of the 2006 Regulations while they were in force may be treated in all respects as a contravention of the corresponding requirements of Part 2 of these Regulations.
2
This includes any act or omission relating to spare parts for the repair, or to the reuse, of electrical and electronic equipment put on the market after 1st July 2006, but the provisions of these Regulations shall not be applied in respect of spare parts for the repair, or to the reuse, of electrical and electronic equipment put on the market before 1st July 2006.
3
Any question as to whether a requirement of regulations 7, 8 or 9 of the 2006 Regulations was complied with while they were in force may be investigated as if it was a question about compliance with the corresponding requirement of Part 2 of these Regulations, and regulation 16(2) and (3) shall apply accordingly in respect of any such investigation.
Restrictions on enforcement powers and use of certain evidence under them
25
1
Nothing in these Regulations shall be taken as —
a
requiring a person to produce any document which that person would be entitled to refuse to produce in any proceedings in any court on the grounds that it is the subject of legal professional privilege or, in Scotland, that it contains a confidential communication made by or to an advocate or solicitor in that capacity; or
b
authorising a person to take possession of any document which is in the possession of a person who would be so entitled.
2
A statement by a person in response to a requirement imposed by virtue of regulation 11 may only be used in evidence against that person —
a
on a prosecution for an offence under regulation 16(3)(b); or
b
on a prosecution for some other offence where in giving evidence that person makes a statement inconsistent with it.
3
But the statement may not be used against that person by virtue of paragraph (2)(b) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of that person in the proceedings arising out of the prosecution.
Amendment of the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004
26
1
The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004 is amended as follows.
2
In Schedule 1, for the words “The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2006” substitute “The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008”.
Malcolm Wicks
Minister of State for Energy,
Department for Business, Enterprise and Regulatory Reform
10th January 2008


text:
Title and Commencement
1
The Title of this Order is the Ceredigion and Mid Wales National Health Service Trust (Dissolution) Order 2008 and it comes into force on 1 April 2008.
Dissolution of NHS Trust
2
The Ceredigion and Mid Wales National Health Service Trust established by the Ceredigion and Mid Wales National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
28 March 2008


text:
Citation and commencement and application
1
1
This Order may be cited as the Local Authorities (England) (Charges for Property Searches) (Disapplication) Order 2008.
2
This Order shall come into force on the same day as the day on which regulations revoking the Local Authorities (Charges for Land Searches) Regulations 1994 come into force.
3
This Order applies only to local authorities in England.
Interpretation
2
1
In this Order, “access to property records” means access to property records granted by a local authority in any of the following ways —
a
allowing a person to inspect or search property records at a place designated by the authority for doing so;
b
allowing the making of or providing copies of, property records; or
c
the electronic transmission of property records, or copies of such records,
and in this Order, the expression “access to property records” is to be construed accordingly.
2
In this Order, a reference to a local authority “answering enquiries about a property” means —
a
the answering by the authority of any specific oral or written enquiries from a person about a property or property records; or
b
the carrying out by the authority of any activities for the purposes of answering such enquiries.
3
In this Order —
“property” means a specified building or structure or specified land in relation to which property records are held by a local authority; and
“property records” —
includes documents, registers, files and archives (held in any form by the local authority), which relate to a property;
includes information derived from such documents, registers, files and archives; but
excludes the local land charges register kept under section 3(2) of the Local Land Charges Act 1975 .
Disapplication of section 93(1) of the Local Government Act 2003
3
Section 93(1) of the Local Government Act 2003 does not apply in relation to the best value authorities named in article 4 , when granting access to property records or answering enquiries about a property.
Authorities to which this Order applies
4
The best value authorities to which this Order applies are —
a
a county council;
b
a district council;
c
a London Borough Council;
d
the Common Council of the City of London; and
e
the Council of the Isles of Scilly.
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
10th November 2008


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programme of Study in Science in respect of the Third Key Stage) (England) Order 2008 and comes into force on 1st August 2008.
2
This Order applies in relation to England only.
Interpretation
2
In this Order —
a
“the Key Stage 3 Document” means the document published by the Authority on 30th August 2007 entitled “Science Programme of study: key stage 3”;
b
“level 1 of the National Curriculum levels of attainment” is to be interpreted in accordance with the description of performance at level 1 of the attainment targets contained in the booklet published by the Stationery Office entitled “Science, The National Curriculum for England, Key Stages 1-4”, ISBN 0113700709, as revised in 2004; and
c
“special educational needs” is to be interpreted in accordance with section 312 of the Education Act 1996 .
Specification of attainment targets and programmes of study
3
Subject to article 5(2)(b), in relation to any pupil who starts in the third key stage on or after 1st August 2008, it is directed that the provisions relating to attainment targets and the programme of study set out in the Key Stage 3 Document have effect for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Science.
4
For the purposes of this Order, the examples and other passages printed in grey text or within square brackets in the Key Stage 3 Document (which serve to illustrate the programme of study described therein or relate to background information) do not form part of the provisions relating to attainment targets and the programme of study referred to in article 3.
Revocation and savings
5
1
Subject to paragraph (2), the Education (National Curriculum) (Attainment Targets and Programmes in Science in respect of the First, Second, Third and Fourth Key Stages) (England) (No 2) Order 2004 is revoked in so far as it has effect for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Science.
2
The Education (National Curriculum) (Attainment Targets and Programmes in Science in respect of the First, Second, Third and Fourth Key Stages) (England) (No 2) Order 2004 continues to have effect —
a
in relation to any pupil who started in the third key stage before 1st August 2008, for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Science; and
b
in relation to any pupil who starts in the third key stage on or after 1st August 2008, has special educational needs and is working below level 1 of the National Curriculum levels of attainment, for the purposes of specifying attainment targets for the third key stage in relation to Science.
Jim Knight
Minister of State
Department for Children, Schools and Families
3rd July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 2008 and shall come into force on 1st October 2008.
Amendment of Regulations
2
The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997 ) shall be amended in accordance with the following regulations.
3
In regulation 2 (interpretation), in paragraph (1) after the definition of “release” there shall be inserted —
“relevant place” means a place to which Schedule 2A to the 1994 Act applies;
.
4
In regulation 4 (disapplication of the Regulations) —
a
in paragraph (1), there shall be omitted “which is on a public road”;
b
in paragraph (2), there shall be omitted sub-paragraph (b);
c
paragraph (3) shall be omitted.
5
In regulation 5 (power to immobilise vehicles) —
a
in paragraph (1) for “on a public road” there shall be substituted “in a relevant place”;
b
in paragraph (2) —
i
after “may” there shall be inserted “enter a relevant place and”;
ii
in sub-paragraph (a), for “in the place where it is stationary” there shall be substituted “in that place”; and
iii
in sub-paragraph (b), for “place on the same or another public road” there shall be substituted “relevant place”.
6
In regulation 6 (release of immobilised vehicles) —
a
in paragraph (1) sub-paragraph (b) —
i
paragraph (i) and the word “or” following it shall be omitted; and
ii
in paragraph (ii) there shall be omitted “or that the vehicle was at the time it was immobilised an exempt vehicle”;
b
for paragraph (3) there shall be substituted —
3
The second requirement is that —
a
evidence that no offence under section 29(1) of the 1994 Act was being committed when the immobilisation device was fixed or the vehicle moved is produced in accordance with instructions specified in the immobilisation notice;
b
the prescribed charge for a surety payment is paid in any manner specified in the immobilisation notice;
c
a vehicle licence for the vehicle, which is in force, is produced; or
d
a declaration is made that —
i
an appropriate licence was in force for the vehicle at the time when the immobilisation device was fixed or the vehicle moved;
ii
save in the case of a vehicle stationary on a public road, a relevant declaration was in force for the vehicle at that time; or
iii
at that time the vehicle was an exempt vehicle which was not one in respect of which regulations under the 1994 Act require a nil licence to be in force.
.
7
In regulation 8 (other offences connected with immobilisation) in paragraph (2) for sub-paragraphs (a) and (b) there shall be substituted —
a
a person makes a declaration of a type referred to in regulation 6(3)(d) with a view to securing the release of a vehicle from an immobilisation device purported to have been fixed in accordance with the regulations; and
.
8
In regulation 9 (removal of vehicles) —
a
in paragraph (1), in sub-paragraph (a) for “on a public road” there shall be substituted “in a relevant place”; and
b
in paragraph (3), after “direction, may” there shall be inserted “enter the relevant place and”.
9
In regulation 12 (taking possession of a vehicle), in paragraph (2) —
a
in sub-paragraph (b), for “a vehicle licence in respect of the vehicle which was in force when the vehicle was immobilised, or where it was not immobilised, it was removed,” there shall be substituted “evidence that no offence under section 29(1) of the 1994 Act was committed”;
b
for sub-paragraph (c) there shall be substituted —
c
the claimant —
i
produces to the custodian evidence that no offence under section 29(1) was committed;
ii
produces to the custodian a vehicle licence for the vehicle which is then in force; or
iii
pays to the custodian the prescribed charge for the surety payment.
.
10
In regulation 17 (disputes), in paragraph (6) for “on a public road” in each instance those words appear there shall be substituted “in a relevant place”.
11
In Schedule 1 (the prescribed charges) —
a
in Table I —
i
in relation to item 1 in column (3) for “£80” there shall be substituted “£100”;
ii
in relation to item 2 —
aa
in column (2) for “motorcycle” there shall be substituted “vehicle”; and
bb
in column (3) for “£80” there shall be substituted “£100”;
iii
in relation to item 3 —
aa
in column (2) “, including a motorcycle” shall be omitted; and
bb
in column (3) for “£160” there shall be substituted “£200”; and
iv
in relation to item (4) for “£15” there shall be substituted “£21; and
b
in Table II in column (3) —
i
in relation to item 1 for “£120” there shall be substituted “£160”;
ii
in relation to item 2 for “£300” there shall be substituted “£330”; and
iii
in relation to item 3 for “£600” there shall be substituted “£700”.
Signed by the authority of the Secretary of State for Transport
Tom Harris
Parliamentary Under Secretary of State
Department for Transport
20th August 2008


text:
Citation
1
These rules may be cited as the Land Registration (Amendment) Rules 2008.
Commencement
2
1
Subject to paragraph (2), these rules shall come into force on 10 November 2008.
2
Paragraph 40 of Schedule 1 (new rule 111) shall come into force on the day that section 869 of the Companies Act 2006 comes into force.
Interpretation
3
In these rules “the principal rules” means the Land Registration Rules 2003 and in rule 6 and in the Schedules to these rules (other than in respect of the reference note at the head of each Schedule) a reference to a rule by number is a reference to the rule so numbered in the principal rules.
Amendments to the principal rules
4
1
Parts 1 to 10 and 13 to 16 of the principal rules are amended as set out in Schedule 1.
2
For Schedule 1 to the principal rules substitute the schedule set out in Schedule 2.
3
In Schedule 1A to the principal rules, for the words in italicised text immediately below the heading “LR3. Parties to this lease” substitute —
Give full names and addresses of each of the parties. For UK incorporated companies and limited liability partnerships, also give the registered number including any prefix. For overseas companies, also give the territory of incorporation and, if appropriate, the registered number in England and Wales including any prefix.
.
4
In paragraph 5 of Schedule 2 to the principal rules, after “owing” insert “to”.
5
Schedule 3 to the principal rules is amended as set out in Schedule 3.
6
For Schedule 4 to the principal rules substitute the schedule set out in Schedule 4.
7
In Schedule 5 to the principal rules, insert at the appropriate places and in the columns indicated below —
Column 1 Column 2
An authorised person within the meaning of section 108(15) of the Environment Act 1995 Certificate P Director of Enforcement at the Financial Services Authority or a member of the Financial Services Authority authorised to apply on behalf of the Director of Enforcement. Certificate Q
8
Schedule 6 to the principal rules is amended as set out in Schedule 5.
9
Schedule 9 to the principal rules is amended as set out in Schedule 6.
Use of old forms
5
1
Subject to paragraph (3), an application may be accompanied by an old form instead of the equivalent new form —
a
if the application is delivered to the registrar during the period of three months beginning with the commencement day, or
b
if the old form is one to which paragraph (2) applies.
2
An old form is one within paragraph (1)(b) if its use is expressly required —
a
by an agreement entered into at least three months before the commencement day,
b
by an order of the court, or
c
by or under an enactment.
3
This rule does not apply to an application which is required to be in Form AP1, Form DS2 or Form FR1.
4
In this rule —
“commencement day” means 10 November 2008,
“new form” means a form set out in Schedule 2,
“old form” means a form set out in Schedule 1 to the principal rules immediately before the commencement day.
Provision consequential upon revocation of rule 8(1)(i)
6
The registrar need not retain in the register any entry made under rule 8(1)(i) (name of the first proprietor of a registered estate with possessory title) or an equivalent entry made under the Land Registration Act 1925 .
Signed by authority of the Lord Chancellor
Michael Wills
Minister of State
Ministry of Justice
17th July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) (Amendment) Regulations 2008 and shall come into force on 1st October 2008.
Amendment of 2006 Regulations
2
The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 are amended in accordance with the following provisions of these Regulations.
3
In regulation 2 (interpretation) —
a
after the definition of “bus” insert the following definition–
“bus substitution service” means a service for the carriage of passengers by road that is provided as an alternative to the whole or a part of a railway or tramway passenger service that has been discontinued, reduced or modified (whether temporarily or permanently)
;
b
after the definition of “construction work” insert the following definition —
“contractor” has the same meaning as in regulation 2(1) of the Construction (Design and Management) Regulations 2007
;
c
delete the definition of “dock premises” and after the definition of “guided transport” insert the following definition —
“harbour” means a harbour or harbour area as defined in regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations 1987
;
d
after the definition of “mine” insert the following definition —
“miniature railway” means a system of transport employing parallel rails which–
provide support and guidance for vehicles carried on flanged wheels; and
form a track of a gauge of less than 350 millimetres
;
e
in paragraph (k) of the definition of “operation of a railway” replace “dock premises” with “harbours”.
4
In regulation 4 (exceptions)–
a
at the end of paragraph (1) add the following sub-paragraphs —
or
a miniature railway which does not cross a carriageway (whether or not on the same level); or
a bus substitution service when outside operational premises.
and
b
in paragraph (3) for sub-paragraphs (a) and (b) substitute the following paragraphs–
a
a harbour within premises referred to in any of sub paragraphs (c) to (h);
b
any other harbour unless —
i
the system of transport operated is part of a system which is operated outside the harbour and the operation is for the purpose of or related to the carriage of passengers or goods to or from the harbour; or
ii
the system of transport is not operated outside the harbour but is a railway, tramway or other system of guided transport for the carriage of the public not connected to any other railway
;
5
For regulation 5 (construction work) substitute the following regulation —
5
1
Without prejudice to regulation 4(5), the operations specified in paragraph (2) of regulation 3 include construction work
a
for the maintenance, repair, renewal or improvement of existing infrastructure; and
b
for the extension or enlargement of infrastructure if that work is in such close proximity to the operation of a railway, tramway or other system of guided transport specified in that paragraph that such operation creates a risk to the health, safety or welfare of those engaged in that work.
2
Without prejudice to regulation 4(5) and subject to paragraph (3), the operations set out in paragraph (2) of regulation 3 also include construction work if it is
a
carried out within operational premises; and
b
relates to the maintenance, repair, renewal or improvement of any fixed asset (other than infrastructure) of a system of transport specified in that paragraph.
3
Paragraph (2) does not include construction work —
a
carried out in relation to a structure, premises or other property whose primary function is not related to the operation of the system of transport; or
b
carried out in relation to a bridge, structure or other property which spans or is adjacent to operational premises, by persons other than the owners, operator or manager of the system of transport or persons acting on behalf of one or more of them; or
c
where there is a suspension of the activities normally carried out in the operational premises (other than the use of the infrastructure for the through operation of vehicles with the exit of a passenger or passengers from such a vehicle only in the case of emergency) and the construction work meets the following conditions —
i
the work is carried out in an area which is segregated physically from the infrastructure; and
ii
the contractor has the authority to exclude from the segregated area persons who are not attending in connection with the carrying out of the work; or
d
where activities normally carried on in relation to the operation of the system of transport continue and —
i
the construction work meets the conditions set out in sub paragraphs (i) and (ii) of paragraph (c); and
ii
there is no access (other than emergency access) between the segregated area and the remainder of the operational premises.
Transitional provisions
6
1
In this regulation —
a
“function” means a function transferred to the Office of Rail Regulation or, as the case may be, to the Health and Safety Executive by these Regulations;
b
function referred to in sub-paragraph (a);
c
“transferor” means the Office of Rail Regulation or, as the case may be, the Health and Safety Executive from which the function is transferred and “transferee” means the Office of Rail Regulation or, as the case may be, the Health and Safety Executive to which the function is transferred.
2
Anything done by, or in relation to, the transferor in relation to any function which has effect before or at the date of coming into force of these Regulations shall, so far as necessary or appropriate for the purpose of, or in consequence of, the transfer, have effect as if done by, or in relation to, the transferee.
3
There may be continued by, or in relation to, the transferee anything (including legal proceedings) relating to a function which is in the process of being done by, or in relation to, the transferor immediately before the coming into force of these Regulations.
4
Any reference to the transferor in any document relating to a function shall be taken, so far as necessary or appropriate for the purposes of, or in consequence of, the transfer, as a reference to the transferee.
5
The transfer does not affect the validity of anything done by, or in relation to, the transferor before the coming into force of these Regulations.
6
In this regulation a reference to the Office of Rail Regulation or to the Health and Safety Executive includes a reference to an officer of such body, including any inspector appointed by it, so far as may be necessary for the purposes of, or in consequence of, the transfer.
7
If and in so far as immediately before the coming into force of these Regulations any function transferred by these Regulations is held by a local authority pursuant to any transfer or assignment made under regulations 5 or 6 of the Health and Safety (Enforcing Authority) Regulations 1998, paragraphs (2) to (6) of this regulation shall have effect as if any reference to the Health and Safety Executive were a reference to the local authority.
Signed by authority of the Secretary of State
Tom Harris
Parliamentary Under Secretary of State
Department for Transport
27th August 2008


text:
1
This Order may be cited as the Eccles College and Salford College (Dissolution) Order 2008 and comes into force on 1st January 2009.
2
On 1st January 2009 each of the corporations shall be dissolved and all of their property, rights and liabilities shall be transferred to Pendleton College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by any of the corporations immediately before 1st January 2009 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st January 2009;
c
to the transferor were to the corporation in question; and
d
to the corporation were to Pendleton College.
Siôn Simon
Parliamentary Under Secretary of State
Department for Innovation, Universities and Skills
21st October 2008


text:
Title and commencement
1
These Regulations may be cited as the Plant Health (Import Inspection Fees) (England) (Amendment) Regulations 2008 and come into force on 7th January 2009.
Amendments to the Plant Health (Import Inspection Fees) (England) Regulations 2006
2
1
The Plant Health (Import Inspection Fees) (England) Regulations 2006 are amended as follows.
2
In regulation 4(1)(a)(ii) omit “the fee specified”.
3
For Schedule 2, substitute —
SCHEDULE 2
IMPORT INSPECTION FEES (REDUCED RATES)
Regulation 4
Genus Quantity Country of origin Fee Fee (non-daytime working hours)
Where the total amount of any fee comprises an amount of less than £0.01, that amount is to be excluded.
Cut flowers Dianthus Per consignment — up to 20,000 in number Colombia £0.40 £0.60 Kenya £1.32 £1.98 Ecuador £1.98 £2.97 Turkey £3.31 £4.96 Israel £4.63 £6.95 — for each additional 1,000 units or part thereof Colombia £0.003 £0.004 Kenya £0.01 £0.015 Ecuador £0.01 £0.02 Turkey £0.02 £0.03 Israel £0.03 £0.05 — maximum price Colombia £3.17 £4.75 Kenya £10.59 £15.89 Ecuador £15.88 £23.83 Turkey £26.48 £39.72 Israel £37.07 £55.60 Rosa Per consignment — up to 20,000 in number Ecuador £0.40 £0.60 Colombia £0.66 £0.99 Ethiopia, Kenya £1.32 £1.98 Tanzania £1.98 £2.97 Zambia £3.31 £4.96 India, Uganda £6.62 £9.93 — for each additional 1,000 units or part thereof Ecuador £0.003 £0.004 Colombia £0.005 £0.007 Ethiopia, Kenya £0.01 £0.015 Tanzania £0.01 £0.02 Zambia £0.02 £0.03 India, Uganda £0.05 £0.07 — maximum price Ecuador £3.17 £4.75 Colombia £5.29 £7.94 Ethiopia, Kenya £10.59 £15.89 Tanzania £15.88 £23.83 Zambia £26.48 £39.72 India, Uganda £52.96 £79.44 Fruit Malus Per consignment Chile £0.93 £1.39 — up to 25,000 kg in weight Argentina, New Zealand, South Africa £1.32 £1.98 Brazil £1.98 £2.97 China, USA £3.31 £4.96 — for each additional 1,000 kg or part thereof Chile £0.03 £0.05 Argentina, New Zealand, South Africa £0.05 £0.07 Brazil £0.07 £0.11 China, USA £0.13 £0.19 Mangifera Per consignment — up to 25,000 kg in weight Brazil £0.66 £0.99 — for each additional 1,000 kg or part thereof Brazil £0.02 £0.03 Prunus Per consignment — up to 25,000 kg in weight Chile, South Africa, Turkey £1.32 £1.98 Argentina £3.31 £4.96 USA £6.62 £9.93 — for each additional 1,000 kg or part thereof Chile, South Africa, Turkey £0.05 £0.07 Argentina £0.13 £0.19 USA £0.26 £0.39 Pyrus Per consignment — up to 25,000 kg in weight South Africa £1.98 £2.97 Argentina £3.31 £4.96 Chile £4.63 £6.95 China £6.62 £9.93 — for each additional 1,000 kg or part thereof South Africa £0.07 £0.11 Argentina £0.13 £0.19 Chile £0.18 £0.27 China £0.26 £0.39 Citrus Per consignment — up to 25,000 kg in weight Turkey £0.39 £0.58 Morocco £0.66 £0.99 Uruguay, USA £1.98 £2.97 Egypt, Israel, Mexico, Peru £3.31 £4.96 Honduras £9.93 £14.89 — for each additional 1,000 kg or part thereof Turkey £0.01 £0.02 Morocco £0.02 £0.03 Uruguay, USA £0.07 £0.11 Egypt, Israel, Mexico, Peru £0.13 £0.19 Honduras £0.39 £0.58 Passiflora Per consignment — up to 25,000 kg in weight Colombia, Kenya £1.32 £1.98 Zimbabwe £4.63 £6.95 South Africa £6.62 £9.93 — for each additional 1,000 kg or part thereof Colombia, Kenya £0.05 £0.07 Zimbabwe £0.18 £0.27 South Africa £0.26 £0.39 Vegetables Solanum melongena Per consignment — up to 25,000 kg in weight Turkey £1.98 £2.97 — for each additional 1,000 kg or part thereof Turkey £0.07 £0.11
.
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
14th December 2008
We consent,
Dave Watts
Tony Cunningham
Two of the Lords Commissioners
of Her Majesty’s Treasury
16th December 2008