text:
Citation and commencement
1
This Order may be cited as the Armed Forces (Alignment of Service Discipline Acts) Order 2008 and shall come into force twenty one days after the day on which it is made.
Interpretation
2
In this Order —
“the 1955 Acts ” means the Army Act 1955 and the Air Force Act 1955 ;
“the 1957 Act ” means the Naval Discipline Act 1957 ; and
“commencement” means the date on which this Order comes into force.
Powers of arrest
3
For section 74 of the Army Act 1955 (power to arrest offenders) substitute —
Power to arrest offenders
74
1
A person who is reasonably suspected of being engaged in committing, or of having committed, an offence against any provision of this Act may be arrested in accordance with subsection (2), (3), (4) or (5) by a person subject to military or air-force law or to the Naval Discipline Act 1957 (c. 53) .
2
An officer may be arrested under subsection (1) —
a
by an officer of superior rank or, if engaged in a mutiny, quarrel or disorder, by an officer of any rank;
b
by a service policeman; or
c
on the order of another officer, by a person who is lawfully exercising authority on behalf of a provost officer.
3
A person of or below the rank of warrant officer may be arrested under subsection (1) —
a
by an officer;
b
by a warrant officer or non-commissioned officer of superior rank or rate;
c
by a service policeman;
d
by a person who is lawfully exercising authority on behalf of a provost officer; or
e
if a member of a ship’s company or an embarked force, by a person exercising authority as a member of the staff of the officer of the day.
4
A person to whom any provisions of Part 2 of this Act apply by virtue of section 208A or 209 of this Act (application of Act to passengers in HM ships and aircraft and to civilians) may be arrested under subsection (1) —
a
by an officer;
b
by a service policeman; or
c
by a person who is lawfully exercising authority on behalf of a provost officer.
5
Where none of subsections (2) to (4) applies in relation to the person to be arrested, that person may be arrested under subsection (1) by a service policeman.
6
The power of arrest conferred on any person by this section may be exercised —
a
personally;
b
by giving orders for the arrest of the person who is to be arrested; or
c
where that person is subject to military or air-force law or to the Naval Discipline Act 1957, by ordering him into arrest.
Power of arrest in anticipation of commission of offence
74A
1
A service policeman may arrest a person whom he reasonably suspects of being about to commit an offence against any provision of this Act.
2
Subsection (6) of section 74 of this Act applies in relation to the power of arrest conferred by this section as it applies in relation to the power of arrest conferred by that section.
3
Where a person is arrested under this section —
a
the arrest must be reported as soon as practicable to his commanding officer; and
b
he may be kept in military, air-force or naval custody until such time as a service policeman is satisfied that the risk of his committing the offence concerned has passed.
4
For section 74 of the Air Force Act 1955 (power to arrest offenders) substitute —
Power to arrest offenders
74
1
A person who is reasonably suspected of being engaged in committing, or of having committed, an offence against any provision of this Act may be arrested in accordance with subsection (2), (3), (4) or (5) by a person subject to air-force or military law or to the Naval Discipline Act 1957 (c. 53) .
2
An officer may be arrested under subsection (1) —
a
by an officer of superior rank or, if engaged in a mutiny, quarrel or disorder, by an officer of any rank;
b
by a service policeman; or
c
on the order of another officer, by a person who is lawfully exercising authority on behalf of a provost officer.
3
A person of or below the rank of warrant officer may be arrested under subsection (1) —
a
by an officer;
b
by a warrant officer or non-commissioned officer of superior rank or rate;
c
by a service policeman;
d
by a person who is lawfully exercising authority on behalf of a provost officer; or
e
if a member of a ship’s company or an embarked force, by a person exercising authority as a member of the staff of the officer of the day.
4
A person to whom any provisions of Part 2 of this Act apply by virtue of section 208A or 209 of this Act (application of Act to passengers in HM ships and aircraft and to civilians) may be arrested under subsection (1) —
a
by an officer;
b
by a service policeman; or
c
by a person who is lawfully exercising authority on behalf of a provost officer.
5
Where none of subsections (2) to (4) applies in relation to the person to be arrested, that person may be arrested under subsection (1) by a service policeman.
6
The power of arrest conferred on any person by this section may be exercised —
a
personally;
b
by giving orders for the arrest of the person who is to be arrested; or
c
where that person is subject to air-force or military law or to the Naval Discipline Act 1957, by ordering him into arrest.
Power of arrest in anticipation of commission of offence
74A
1
A service policeman may arrest a person whom he reasonably suspects of being about to commit an offence against any provision of this Act.
2
Subsection (6) of section 74 of this Act applies in relation to the power of arrest conferred by this section as it applies in relation to the power of arrest conferred by that section.
3
Where a person is arrested under this section —
a
the arrest must be reported as soon as practicable to his commanding officer; and
b
he may be kept in air-force, military or naval custody until such time as a service policeman is satisfied that the risk of his committing the offence concerned has passed.
5
In section 131(1) of each of the 1955 Acts (trial and punishment of persons no longer subject to military or air-force law), omit “arrest,”.
6
In section 132(4) of each of the 1955 Acts (arrest and custody of person who has ceased to be triable), after “arrested” insert “under section 74 of this Act”.
7
1
Section 209 of each of the 1955 Acts (application of Act to civilians) is amended as follows.
2
In each of subsections (1) and (2), after “Subject to the modifications hereinafter specified” insert “and to section 74(4) of this Act”.
3
Omit subsection (3)(c).
8
For subsections (2) and (3) of section 45 of the 1957 Act (power to arrest offenders) substitute —
2
A person who is reasonably suspected of being engaged in committing, or of having committed, any such offence may be arrested in accordance with subsection (3), (4), (5) or (6) by a person subject to this Act or to military or air-force law.
3
An officer may be arrested under subsection (2) —
a
by an officer of superior rank or, if engaged in a mutiny, quarrel or disorder, by an officer of any rank;
b
by a service policeman; or
c
on the order of another officer, by a person who is lawfully exercising authority on behalf of a provost officer.
4
A person of or below the rate of warrant officer may be arrested under subsection (2) —
a
by an officer;
b
by a warrant officer or non-commissioned officer of superior rank or rate;
c
by a service policeman;
d
by a person who is lawfully exercising authority on behalf of a provost officer; or
e
if a member of a ship’s company or an embarked force, by a person exercising authority as a member of the staff of the officer of the day.
5
A person to whom any provisions of Parts 1 and 2 of this Act apply by virtue of section 117 or 118 of this Act (application of Act to passengers in HM ships and aircraft and to civilians) may be arrested under subsection (2) —
a
by an officer;
b
by a service policeman; or
c
by a person who is lawfully exercising authority on behalf of a provost officer.
6
Where none of subsections (3) to (5) applies in relation to the person to be arrested, that person may be arrested under subsection (2) by a service policeman.
7
The power of arrest conferred on any person by this section may be exercised —
a
personally;
b
by giving orders for the arrest of the person who is to be arrested; or
c
where that person is subject to this Act or to military or air-force law, by ordering him into arrest.
9
After section 45 of the 1957 Act insert —
Power of arrest in anticipation of commission of offence
45A
1
A service policeman may arrest a person whom he reasonably suspects of being about to commit an offence under any provision of Part 1 of this Act.
2
Subsection (7) of section 45 of this Act applies in relation to the power of arrest conferred by this section as it applies in relation to the power of arrest conferred by that section.
3
Where a person is arrested under this section —
a
the arrest must be reported as soon as practicable to his commanding officer; and
b
he may be kept in naval, military or air-force custody until such time as a service policeman is satisfied that the risk of his committing the offence concerned has passed.
10
In section 51(1) of the 1957 Act (jurisdiction to try persons no longer subject to the Act), for “may for that purpose be arrested and kept in custody” substitute “if arrested under section 45 of this Act may for that purpose be kept in naval, military or air-force custody”.
11
1
Section 118 of the 1957 Act (application of Act to civilians) is amended as follows.
2
In subsection (1), after “Subject to the provisions of this section” insert “and to section 45(5) of this Act,”.
3
In subsection (2), after “subject to the provisions of this section” insert “and to section 45(5) of this Act”.
12
Omit paragraph 3 of Schedule 4 to the 1957 Act (power of arrest in respect of civilians).
13
1
Section 225(1) of the Army Act 1955, section 223(1) of the Air Force Act 1955 and section 135(1) of the 1957 Act (general interpretation) are amended as follows.
2
For the definition of “provost officer”, substitute —
“provost officer” means an officer (of any of Her Majesty’s forces) who is a service policeman;
.
3
Insert in the appropriate place —
“service policeman” means anyone who is, or by reason of section 375(5) of the Armed Forces Act 2006 (c. 52) is to be treated as, a service policeman for the purposes of that Act;
.
14
1
Section 9 of the Armed Forces Act 2001 (entry for purpose of arrest etc ) is amended as follows.
2
For subsection (4) substitute —
4
Subsection (3) applies to a person who is reasonably suspected of having committed the offence in respect of which the arrest is to be made while subject to service law, but has ceased to be so subject.
3
In subsection (8), before paragraph (a) insert —
za
the arrest is to be made under section 74 of either of the 1955 Acts or section 45 of the 1957 Act, and
.
15
In section 10(13) of the Armed Forces Act 2001 (power to make provision for entry and search of premises in which a person was when or immediately before he was arrested) and section 11(1) of that Act (power to make provision for entry and search of premises occupied or controlled by an arrested person), for “any of the services Acts” substitute “section 74 of either of the 1955 Acts or section 45 of the 1957 Act”.
Custody after charge
16
In section 75F(2) of each of the 1955 Acts and section 47G(2) of the 1957 Act (custody after charge) —
a
in paragraph (b) insert “or” at the end;
b
omit paragraph (d) and the “or” immediately preceding it.
Referral of charge to commanding officer
17
1
Section 83B of each of the 1955 Acts (functions of the prosecuting authority) is amended as follows.
2
In subsection (4) —
a
in paragraph (a) omit “and section 83BB of this Act”; and
b
in paragraph (b) omit “(subject to section 83BB of this Act)”.
3
For subsection (9A) substitute —
9A
If the case has been referred to the prosecuting authority as a result of an election for court-martial trial, the prosecuting authority may not —
a
determine under subsection (4)(a) above that a charge which is not capable of being dealt with summarily is to be preferred,
b
substitute, before the commencement of the trial, any charge which is not capable of being dealt with summarily for any charge preferred against the accused, or
c
prefer any additional charge against the accused before the commencement of the trial,
unless the accused has given his written consent.
.
18
1
Section 83BB of each of the 1955 Acts (referral of charge or case to commanding officer) is amended as follows.
2
For the sidenote substitute “Referral of case to commanding officer”.
3
Omit subsections (1) and (2).
4
For subsection (3) substitute —
3
Where a case is referred to a commanding officer under this section, he shall deal with such charge as he considers appropriate in relation to the case as if it had been reported to him under section 76(1) of this Act.
4
Where part of a case is referred to a commanding officer under this section, he shall deal with such charge as he considers appropriate in relation to that part of the case as if it had been reported to him under section 76(1) of this Act.
19
In section 85A of each of the 1955 Acts (powers of court-martial where accused elected court-martial trial), omit subsection (3).
20
1
Section 52I of the 1957 Act (functions of the prosecuting authority) is amended as follows.
2
In subsection (4), omit “(subject to section 52II of this Act)”.
3
For subsection (8A) substitute —
8A
If the case has been referred to the prosecuting authority as a result of an election for court-martial trial, the prosecuting authority may not —
a
determine under subsection (4) above that a charge which is not capable of being tried summarily is to be preferred,
b
substitute, before the commencement of the trial, any charge which is not capable of being tried summarily for any charge preferred against the accused, or
c
prefer any additional charge against the accused before the commencement of the trial,
unless the accused has given his written consent.
.
21
1
Section 52II of the 1957 Act (referral of charge or case to commanding officer) is amended as follows.
2
For the sidenote substitute “Referral of case to commanding officer”.
3
Omit subsections (1) and (2).
4
For subsection (3) substitute —
3
Where a case is referred to a commanding officer under this section, he shall deal with such charge as he considers appropriate in relation to the case as if it had been reported to him under section 52B(1) of this Act.
4
Where part of a case is referred to a commanding officer under this section, he shall deal with such charge as he considers appropriate in relation to that part of the case as if it had been reported to him under section 52B(1) of this Act.
22
In section 62ZA of the 1957 Act (powers of court-martial where accused elected court-martial trial), omit subsection (4).
Suspended sentences of military and air-force courts-martial
23
In section 118(2) of each of the 1955 Acts (commencement of suspended sentence), omit the words from “: Provided that” to “may specify”.
24
1
Section 120 of each of the 1955 Acts (suspension of sentences) is amended as follows.
2
Omit subsection (4) .
3
For subsection (5) substitute —
5
Where, while a sentence is suspended under this section, the person sentenced commits a fresh offence and is convicted of that offence by a court-martial, then (unless the balance of the earlier sentence is remitted by virtue of section 119A(3) of this Act) the court may determine the suspension of the sentence by an order committing the person sentenced to imprisonment or detention, as the case may be.
5A
Subsections (5B) to (5E) apply where a court-martial makes an order under subsection (5).
5B
The court may direct that the sentence in respect of which the order is made shall begin to run from the end of another term of imprisonment or detention which —
a
has been passed on the person on a previous occasion; or
b
the court passes on him on the same occasion.
5C
In subsection (5B) the reference to another term of imprisonment does not include a term from which the person has been released early under Part 2 of the Criminal Justice Act 1991 (c. 53) or Chapter 6 of Part 12 of the Criminal Justice Act 2003 (c. 44) .
5D
Subsection (5B) is subject to section 119A of this Act (limitation of total period of sentences of detention).
5E
For the purposes of sections 113 and 113AA of this Act (review) and subsection (3) above, the order is to be treated as a sentence passed on the offender for the earlier offence.
4
In subsection (6) , for “an order under the last foregoing subsection directing that the suspension of that sentence shall be determined” substitute “an order under subsection (5)”.
25
After section 120 of each of the 1955 Acts insert —
Activation of suspended sentence: appeals
120ZA
1
Subsections (2) to (4) apply where a court-martial makes an order under section 120(5) of this Act.
2
For the purposes of the Courts-Martial (Appeals) Act 1968 (c. 20) (“the 1968 Act ”) —
a
the order is to be treated as a sentence passed on the offender for the offence for which the sentence was passed;
b
any appeal, or application for leave to appeal, against the sentence passed in respect of the new offence is to be treated as also being an appeal or application for leave to appeal against the order; and
c
any appeal, or application for leave to appeal, against the order is to be treated as also being an appeal or application for leave to appeal against the sentence passed in respect of the new offence.
3
In relation to any appeal against the order, section 16A of the 1968 Act (powers on appeals against sentence) is to be read as conferring power —
a
to quash the order; or
b
if the court-martial gave a direction under section 120(5B) of this Act, to quash that direction.
4
Where the Appeal Court quashes the order, or any direction under section 120(5B) of this Act, then in relation to any appeal against the sentence passed in respect of the new offence —
a
section 16A of the 1968 Act has effect as if the words “and which is not of greater severity than that for which it is substituted” were omitted; but
b
the Appeal Court may not exercise its powers under that section in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal than he was dealt with by the court-martial.
5
Subsections (6) and (7) apply where a court-martial has power to make an order under section 120(5) of this Act in respect of a sentence (“the suspended sentence”) but does not do so.
6
On any appeal against the sentence passed in respect of the new offence, the Appeal Court’s power under section 16A of the 1968 Act to pass a sentence in substitution for the sentence of the court-martial includes —
a
power to make an order under section 120(5) of this Act in respect of the suspended sentence; and
b
if the court makes such an order, power to give a direction under section 120(5B) of this Act in relation to the order.
7
But the Appeal Court may not exercise its powers under subsection (6) in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal than he was dealt with by the court-martial.
8
In this section —
a
“the new offence” means the offence mentioned in section 120(5) of this Act; and
b
“the Appeal Court” means the Courts-Martial Appeal Court.
Suspended sentences of Standing Civilian Courts
26
1
In Schedule 3 to the Armed Forces Act 1976 , paragraph 20 (review of findings or sentences of a Standing Civilian Court) is amended as follows.
2
Omit sub-paragraph (5A).
3
In sub-paragraph (6), for the words from “then without prejudice” to the end substitute “, the suspension of the earlier sentence may be determined by order of any such court on awarding the later sentence.”
4
Omit sub-paragraph (7).
27
After paragraph 20 of that Schedule insert —
21
1
Where the suspension of a sentence is determined under paragraph 20(6) above by order of a Standing Civilian Court —
a
for the purposes of paragraph 18 above and rules under section 103 of the Army Act 1955 or the Air Force Act 1955 the order is to be treated as a sentence passed on the offender for the offence for which the suspended sentence was passed; and
b
on an appeal against the order, the court-martial may quash the order.
2
Sub-paragraphs (3) to (5) apply where the suspension of a sentence is determined under paragraph 20(6) above by order of a court-martial.
3
For the purposes of the Courts-Martial (Appeals) Act 1968 (c. 20) (“the 1968 Act”) —
a
the order is to be treated as a sentence passed on the offender for the offence for which the sentence was passed;
b
the offender is to be treated as having been convicted by court-martial of that offence;
c
any appeal, or application for leave to appeal, against the sentence passed in respect of the fresh offence is to be treated as also being an appeal or application for leave to appeal against the order; and
d
any appeal, or application for leave to appeal, against the order is to be treated as also being an appeal or application for leave to appeal against the sentence passed in respect of the fresh offence.
4
In relation to any appeal against the order, section 16A of the 1968 Act (powers on appeals against sentence) is to be read as conferring power to quash the order.
5
Where the Appeal Court quashes the order, in relation to any appeal against the sentence passed in respect of the fresh offence —
a
section 16A of the 1968 Act has effect as if the words “and which is not of greater severity than that for which it is substituted” were omitted; but
b
the Appeal Court may not exercise its powers under that section in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal than he was dealt with by the court-martial.
6
Where a court-martial passing sentence on a person has power to determine the suspension of a sentence under paragraph 20(6) above but does not do so —
a
on an appeal against the sentence passed by the court-martial, the power of the Appeal Court under section 16A of the 1968 Act to pass a sentence in substitution for the sentence of the court-martial includes power to make an order under paragraph 20(6) above in respect of the suspended sentence; but
b
the court may not exercise that power in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal than he was dealt with by the court-martial.
7
In this paragraph —
a
“the fresh offence” means the offence mentioned in paragraph 20(6) above; and
b
“the Appeal Court” means the Courts-Martial Appeal Court.
Suspended sentences and committal orders under the 1957 Act
28
1
Section 52F of the 1957 Act (regulations as to summary trial etc) is amended as follows.
2
In subsection (1), for “and summary trial” substitute “, summary trial and hearings as regards the making of orders under section 91B of this Act (activation of suspended sentence by commanding officer)”.
3
In subsection (2)(d), after “summary trial” insert “and on hearings as regards the making of orders under section 91B of this Act”.
4
After subsection (2)(e) insert —
ee
limitations on the orders which may be made, and the directions which may be given, under section 91B of this Act by a commanding officer of a specified description;
.
5
In subsection (2)(f), for “so awarded” substitute “awarded on summary trial”.
6
In subsection (2)(g), after “punishments” insert “, and orders and directions under section 91B of this Act,”.
29
1
Section 81 of the 1957 Act (place of imprisonment or detention) is amended as follows.
2
In subsection (3) —
a
insert after paragraph (c) —
ca
where the offender appeals to the summary appeal court, that court;
; and
b
insert after paragraph (d) —
e
where an officer makes an order under section 91B(1) of this Act determining the suspension of the sentence, that officer;
.
3
After subsection (3) insert —
4
But a committal order may not be made by virtue of subsection (3)(a), (b), (d) or (e) while the sentence is suspended by virtue of section 85A(4) of this Act.
30
1
Section 90 of the 1957 Act (suspension of sentences) is amended as follows.
2
In subsection (1) , for “a committal order is issued under section ninety-one of this Act” substitute “an order determining the suspension of the sentence is made under section 91(1) or 91B(1) of this Act and a committal order is issued”.
3
In subsection (1A) , for “, the court-martial” substitute “or by the summary appeal court to detention, the court”.
4
In subsection (2), for “a further committal order is issued in respect of that sentence under section ninety-one of this Act” substitute “an order determining the suspension of the sentence is made under section 91(1) or 91B(1) of this Act and a further committal order is issued”.
31
For section 91 of the 1957 Act (committal or re-committal of persons under suspended sentence) substitute —
Activation of suspended sentence by court-martial
91
1
Where, while a sentence of imprisonment or detention is suspended under section 90 of this Act, the person sentenced is convicted by court-martial of an offence committed since the sentence was suspended, the court may make an order determining the suspension of the sentence (whether or not it also makes a committal order under section 81(3) of this Act).
2
A court-martial which makes an order under subsection (1) may direct that the sentence shall begin to run from the end of another term of imprisonment or detention which —
a
has been passed on the offender on a previous occasion; or
b
the court passes on him on the same occasion.
3
In subsection (2) the reference to another term of imprisonment does not include a term from which the person has been released early under Part 2 of the Criminal Justice Act 1991 (c. 53) or Chapter 6 of Part 12 of the Criminal Justice Act 2003 (c. 44) .
4
Subsection (2) is subject to section 89 of this Act (limitation of total period of sentences of detention).
5
Subsection (1) does not apply if —
a
the sentence was passed by a court-martial or the Courts-Martial Appeal Court; and
b
the person was tried by court-martial for the offence mentioned in subsection (1) in pursuance of an election for court-martial trial.
Activation of suspended sentence by court-martial: appeals
91A
1
Subsections (2) to (4) apply where a court-martial makes an order under section 91(1) of this Act.
2
For the purposes of the Courts-Martial (Appeals) Act 1968 (c. 20) (“the 1968 Act”) —
a
the order is to be treated as a sentence passed on the offender for the offence for which the sentence was passed;
b
if the offender was not convicted by court-martial of that offence, he is to be treated as having been so convicted;
c
any appeal, or application for leave to appeal, against the sentence passed in respect of the new offence is to be treated as also being an appeal or application for leave to appeal against the order; and
d
any appeal, or application for leave to appeal, against the order is to be treated as also being an appeal or application for leave to appeal against the sentence passed in respect of the new offence.
3
In relation to any appeal against the order, section 16A of the 1968 Act (powers on appeals against sentence) is to be read as conferring power —
a
to quash the order; or
b
if the court-martial gave a direction under section 91(2) of this Act, to quash the direction.
4
Where the Appeal Court quashes the order, or a direction under section 91(2) of this Act, then in relation to any appeal against the sentence passed in respect of the new offence —
a
section 16A of the 1968 Act has effect as if the words “and which is not of greater severity than that for which it is substituted” were omitted; but
b
the Appeal Court may not exercise its powers under that section in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal than he was dealt with by the court-martial.
5
Subsections (6) and (7) apply where a court-martial has power to make an order under section 91(1) of this Act in respect of a sentence (“the suspended sentence”) but does not do so.
6
On any appeal against the sentence passed in respect of the new offence, the Appeal Court’s power under section 16A of the 1968 Act to pass a sentence in substitution for the sentence of the court-martial includes —
a
power to make an order under section 91(1) of this Act in respect of the suspended sentence; and
b
if the court makes such an order, power to give a direction under section 91(2) of this Act in relation to the order.
7
But the Appeal Court may not exercise its powers under subsection (6) in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal than he was dealt with by the court-martial.
8
In this section —
a
“the new offence” means the offence mentioned in section 91(1) of this Act;
b
“the Appeal Court” means the Courts-Martial Appeal Court.
Activation of suspended sentence by commanding officer
91B
1
Where, while a sentence of detention is suspended under section 90 of this Act —
a
an officer finds the offender guilty on summary trial of an offence committed since the sentence was suspended, or
b
the offender is convicted of an offence in the British Islands committed since the sentence was suspended and subsequently appears before the officer in command of the ship or naval establishment to which he belongs,
the officer may make an order determining the suspension of the sentence (whether or not he also makes a committal order under section 81(3) of this Act, in a case in which he is not prohibited by section 81(4) from doing so).
2
Subsections (3) to (8) apply where an officer makes an order under subsection (1).
3
If the sentence is for a term of more than 90 days, the order has effect as if the sentence were for a term of 90 days; but this is subject to section 91C of this Act (partial activation by commanding officer of suspended sentence for more than 90 days).
4
The sentence in respect of which the order is made is to be treated for the purposes of section 85A of this Act (commencement of sentence of detention awarded on summary trial) as a sentence awarded on summary trial at the time at which the order is made.
5
The reference in subsection (3) of that section to the signature of the warrant by the officer by whom the offender was tried is to be read, in relation to the sentence in respect of which the order is made, as a reference to the making, in accordance with regulations made under section 52F of this Act, of an application to higher authority for permission to make the order.
6
The officer may direct that the sentence in respect of which the order is made (“the subsequent sentence”) shall begin to run from the end of another sentence of detention (“the current sentence”) which —
a
has been passed on the offender on a previous occasion; or
b
where the order is made by virtue of subsection (1)(a), the officer passes on him on the same occasion.
7
Subsection (6) is subject to section 89 of this Act (limitation of total period of sentences of detention), as modified by section 91C of this Act in a case where that section applies.
8
Where the officer gives a direction under subsection (6) —
a
section 85A of this Act applies to the subsequent sentence as if the reference in subsection (2) of that section to the day on which the sentence is awarded were to the expiry of the current sentence, and subsection (3) of that section were omitted; and
b
where the suspension of the subsequent sentence by virtue of subsection (4) or (5) of that section would end before the expiry of the current sentence, the subsequent sentence shall run from the expiry of the current sentence.
Partial activation by commanding officer of suspended sentence for more than 90 days
91C
1
This section applies where an officer has made an order under section 91B(1) of this Act (activation of suspended sentence by commanding officer) in respect of a sentence for a term of more than 90 days.
2
That part of the term which exceeds 90 days is not to be remitted by virtue of section 89(2) of this Act (limitation of total period of sentences of detention).
3
Unless the order is quashed on appeal, sections 91 and 91B of this Act (activation of suspended sentence by court-martial and by commanding officer respectively) have effect as if —
a
the sentence were for that part of the term which exceeds 90 days; and
b
no order determining the suspension of the sentence had been made.
4
For the purposes of section 92(3) of this Act (remission of suspended sentence) the date on which the order was made is to be treated as the date on which the suspension of the sentence took effect.
Activation of suspended sentence by commanding officer: appeals etc.
91D
1
For the purposes of sections 52FF to 52FR and 71B of this Act (appeals and review) an order under section 91B(1) of this Act is to be treated as a punishment awarded for the offence for which the sentence was passed.
2
In relation to any appeal against such an order, section 52FM(4) of this Act (powers of the summary appeal court on an appeal against punishment) has effect as if for paragraphs (a) and (b) there were substituted —
a
may confirm the order;
b
may quash the order; or
c
if the officer who made the order gave a direction under section 91B(6) of this Act, may confirm the order but quash the direction.
.
3
Subsections (4) to (6) apply where an officer makes an order under section 91B(1) of this Act by virtue of paragraph (a) of that subsection.
4
Any appeal, or application for leave to appeal, against the finding or the punishment awarded in respect of the offence mentioned in that paragraph (“the new offence”) is for the purposes of sections 52FF to 52FR of this Act to be treated as also being an appeal or application for leave to appeal against the order.
5
Any appeal, or application for leave to appeal, against the order is for those purposes to be treated as also being an appeal or application for leave to appeal against the punishment awarded in respect of the new offence.
6
Where the summary appeal court quashes the order, or a direction under section 91B(6) of this Act, then —
a
in relation to any appeal against the finding of guilt in respect of the new offence, the references in section 52FM(2)(b)(ii) and (3)(b) of this Act to the punishment originally awarded include the order and any such direction given in relation to it (as well as the punishment awarded in respect of the new offence); and
b
in relation to any appeal against the punishment awarded in respect of the new offence, the reference in section 52FM(4)(b)(ii) of this Act to the punishment originally awarded includes the order and any such direction given in relation to it (as well as the punishment awarded in respect of the new offence).
7
Subsections (8) and (9) apply where an officer has power to make an order under section 91B(1) of this Act by virtue of paragraph (a) of that subsection but does not do so.
8
On any appeal against the finding of guilt or the punishment awarded in respect of the new offence, the summary appeal court’s powers under section 52FM(2)(b), (3) and (4)(b) of this Act to vary the punishment or substitute another punishment include —
a
power to make the order under section 91B(1) of this Act which the officer could have made; and
b
power to give any direction under section 91B(6) of this Act which the officer could have given if he had made the order.
9
But the court may not exercise its powers under subsection (8) in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal than he was dealt with by the officer who tried him for the new offence.
32
In section 92(1)(b) of the 1957 Act (reconsideration of sentences), omit “or section ninety-one”.
Postponement of sentence
33
1
Each of the 1955 Acts is amended as follows.
2
In section 113AA (powers of reviewing authority), omit subsection (5)(a).
3
Omit section 120A .
34
1
The 1957 Act is amended as follows.
2
In section 71 (powers of reviewing authority), omit subsection (5)(a).
3
Omit section 89A .
Transitional provisions
35
The Schedule to this Order shall have effect.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
27th June 2008


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Whole of Government Accounts (Designation of Bodies) Order 2008 and shall come into force on 27th June 2008.
Designation
2
The bodies listed in the Schedule to this Order are designated in respect of the financial year ending on 31st March 2008 for the purposes of section 10 of the Government Resources and Accounts Act 2000.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 2008


text:
Citation
1
This Order may be cited as the Forced Marriage (Civil Protection) Act 2007 (Commencement No.1) Order 2008.
Commencement
2
The following provisions of the Forced Marriage (Civil Protection) Act 2007 shall come into force on 25 th November 2008 —
a
section 1, except in so far as it provides for section 63N (power to extend jurisdiction to magistrates’ courts) to be inserted into the Family Law Act 1996;
b
section 3(1), in so far as it relates to Part 1 of Schedule 2 (except for paragraph 3(3) of that Part); and
c
Part 1 of Schedule 2 (except for paragraph 3(3) of that Part).
Signed on behalf of the Lord Chancellor
Bridget Prentice
Parliamentary under Secretary of State
Ministry of Justice
20th October 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (England) (Amendment No. 2) Regulations 2008, and shall come into force on 1st April 2008.
2
These Regulations apply in relation to local authorities in England.
Amendment
2
1
The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 are amended as follows.
2
In Schedule 3 (functions not to be the sole responsibility of an authority’s executive) —
a
in column (1), omit the words “Local Area Agreement”; and
b
in column (2), in relation to the words omitted by paragraph (a), omit “Section 106(1) of the 2007 Act .”.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
11th March 2008


text:
Citation, application and commencement
1
These Regulations may be cited as the Site Waste Management Plans Regulations 2008; they apply in England and come into force on 6th April 2008.
Interpretation
2
In these Regulations —
“client” means a person who in the course of business —
seeks or accepts the services of another which may be used in the carrying out of a project for that person; or
carries out a project on their own behalf;
“construction site” includes any place where construction work is being carried out or to which the workers have access, but does not include a workplace within it which is set aside for purposes other than construction work;
“construction work” means the carrying out of any building, civil engineering or engineering construction work and includes —
the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure or the use of corrosive or toxic substances), de-commissioning, demolition or dismantling of a structure;
the preparation for an intended structure, including site clearance, exploration, investigation (but not site survey) and excavation, and the clearance or preparation of the site or structure for use or occupation at its conclusion;
the assembly on site of prefabricated elements to form a structure or the disassembly on site of prefabricated elements which, immediately before such disassembly, formed a structure;
the removal of a structure or of any product or waste resulting from demolition or dismantling of a structure or from disassembly of prefabricated elements which immediately before such disassembly formed such a structure; and
the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure,
but does not include the exploration for or extraction of mineral resources or preparatory activities carried out at a place where such exploration or extraction is carried out;
“principal contractor” means the principal contractor appointed under regulation 4;
“project” means a project that includes or is intended to include construction work and includes all planning, design, management or other work involved in a project until the end of the construction phase.
Exemptions
3
These Regulations do not apply to a project relating to a Part A installation as defined in the Environmental Permitting (England and Wales) Regulations 2007 .
Appointment of principal contractor
4
1
A client who intends to use one or more contractors for any project to which these Regulations apply must appoint a contractor as the principal contractor.
2
If a client does not use a contractor, all obligations placed on the principal contractor under these Regulations must be carried out by the client.
Preparation of a site waste management plan
5
1
Any client who intends to carry out a project on any one construction site with an estimated cost greater than £300,000 excluding VAT must prepare a site waste management plan conforming to these Regulations before construction work begins.
2
For these purposes the cost is the price in the accepted tender or, if there is no tender, the cost of labour, plant and materials, overheads and profit.
3
If such project is started without a site waste management plan, the client and the principal contractor are both guilty of an offence.
Requirements for a site waste management plan
6
1
A site waste management plan must identify —
a
the client;
b
the principal contractor; and
c
the person who drafted it.
2
It must describe the construction work proposed, including —
a
the location of the site; and
b
the estimated cost of the project.
3
It must record any decision taken before the site waste management plan was drafted on the nature of the project, its design, construction method or materials employed in order to minimise the quantity of waste produced on site.
4
It must —
a
describe each waste type expected to be produced in the course of the project;
b
estimate the quantity of each different waste type expected to be produced; and
c
identify the waste management action proposed for each different waste type, including re-using, recycling, recovery and disposal.
5
It must contain a declaration that the client and the principal contractor will take all reasonable steps to ensure that —
a
all waste from the site is dealt with in accordance with the waste duty of care in section 34 of the Environmental Protection Act 1990 and the Environmental Protection (Duty of Care) Regulations 1991 ; and
b
materials will be handled efficiently and waste managed appropriately.
Updating a site waste management plan for a project of £500,000 or less
7
1
If the project has an estimated cost of £500,000 or less, whenever waste is removed from the site the principal contractor must record on the site waste management plan —
a
the identity of the person removing the waste;
b
the types of waste removed; and
c
the site that the waste is being taken to.
2
Within three months of the work being completed the principal contractor must add to the plan —
a
confirmation that the plan has been monitored on a regular basis to ensure that work is progressing according to the plan and that the plan was updated in accordance with this regulation; and
b
an explanation of any deviation from the plan.
3
Failure to comply with this regulation is an offence.
Updating a site waste management plan for a project worth more than £500,000
8
1
If the project has an estimated cost greater than £500,000 the principal contractor must update the site waste management plan in accordance with this regulation.
2
When any waste is removed the principal contractor must record on the plan —
a
the identity of the person removing the waste;
b
the waste carrier registration number of the carrier;
c
a copy of, or reference to, the written description of the waste required by section 34 of the Environmental Protection Act 1990; and
d
the site that the waste is being taken to and whether the operator of that site holds a permit under the Environmental Permitting (England and Wales) Regulations 2007 or is registered under those Regulations as a waste operation exempt from the need for such a permit.
3
As often as necessary to ensure that the plan accurately reflects the progress of the project, and in any event not less than every six months, the principal contractor must —
a
review the plan;
b
record the types and quantities of waste produced;
c
record the types and quantities of waste that have been —
i
re-used (and whether this was on or off site);
ii
recycled (and whether this was on or off site);
iii
sent for another form of recovery (and whether this was on or off site);
iv
sent to landfill; or
v
otherwise disposed of; and
d
update the plan to reflect the progress of the project.
4
Within three months of the work being completed the principal contractor must add to the plan —
a
confirmation that the plan has been monitored on a regular basis to ensure that work is progressing according to the plan and that the plan was updated in accordance with this regulation;
b
a comparison of the estimated quantities of each waste type against the actual quantities of each waste type;
c
an explanation of any deviation from the plan; and
d
an estimate of the cost savings that have been achieved by completing and implementing the plan.
5
Failure to comply with this regulation is an offence.
Availability of the plan
9
1
The principal contractor must ensure that the site waste management plan is kept —
a
at the site office, or
b
if there is no site office, at the site.
2
The principal contractor must ensure that every contractor knows where it is kept, and must make it available to any contractor carrying out work described in the plan.
3
Failure to comply with this regulation is an offence.
Keeping plans
10
1
The principal contractor must keep the site waste management plan for two years after the completion of the project at the principal contractor’s principal place of business or at the site of the project.
2
Failure to comply with this regulation is an offence.
Additional duties
11
The Schedule provides for additional duties on the principal contractor and the client.
False statements
12
It is an offence knowingly or recklessly to make a false or misleading statement in a site waste management plan.
Obstruction
13
Any person who —
a
intentionally obstructs any person acting in the execution of these Regulations;
b
without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information that that person may reasonably require under these Regulations;
c
furnishes to any person acting in the execution of these Regulations any information knowing it to be false or misleading; or
d
fails to produce a site waste management plan or any other record when required to do so by any person acting in the execution of these Regulations,
is guilty of an offence.
Penalties
14
1
A person guilty of any offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding £50,000; or
b
on conviction on indictment, to a fine.
2
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate; or
b
any person who was purporting to act in any such capacity,
that person is guilty of the offence as well as the body corporate.
3
In this regulation, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Enforcement
15
1
The following may enforce these Regulations —
a
the Environment Agency;
b
in any local government area with a principal authority, that authority;
c
any district or county council;
d
in the City of London, the common council.
2
For the purposes of these Regulations an officer of a local authority authorised to enforce these Regulations has all the powers of an officer of the Environment Agency under section 108 of the Environment Act 1995 .
Fixed penalty notices
16
1
A person authorised to enforce these Regulations who believes that any person has contravened regulation 13(d) (production of a site waste management plan or other record to a person acting in the execution of these Regulations) may give to that person a notice offering the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty of £300.
2
Where such a notice is served —
a
no proceedings may be instituted for that offence for 14 days; and
b
that person may not be convicted of that offence if the fixed penalty is paid within that period.
3
The notice must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and must state —
a
the fact that no proceedings for the offence will be instituted for 14 days;
b
the amount of the fixed penalty; and
c
the name and address of the person to whom the fixed penalty may be paid.
4
If payment is made by pre-paying and posting to that person at that address a letter containing the amount of penalty (in cash or otherwise), payment is regarded as having been made at the time that the letter would be delivered in the ordinary course of post.
5
In any proceedings a certificate purporting to be signed by or on behalf of the chief finance officer of the enforcing body stating that payment of a fixed penalty was or was not received by a date specified in the certificate is evidence of the facts stated.
6
Fixed penalty receipts received by —
a
the Environment Agency must be paid to the Secretary of State, and
b
a local authority must be used for enforcing these Regulations.
7
An enforcement authority must supply the Secretary of State with such information relating to its use of its fixed penalty receipts as the Secretary of State may require.
Transitional provisions
17
These Regulations do not apply in relation to a project planned before the coming into force of these Regulations but where the construction work begins before 1st July 2008.
Joan Ruddock
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
8th February 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health and Social Care Act 2008 (Commencement No. 6, Transitory and Transitional Provisions) Order 2008 and shall come into force on 12th January 2009.
2
In this Order —
“ the Act ” means the Health and Social Care Act 2008;
“registered person” means a person registered as a service provider under Chapter 2 of Part 1 of the Act;
“the Tribunal” means the tribunal to which an appeal lies under section 32 of the Act.
Appointed day for commencement of provisions relating to the Care Quality Commission
2
1
Subject to paragraph (2), 12 th January 2009 is the day appointed for the coming into force of the following provisions of the Act —
a
section 2(2)(a);
b
section 8;
c
section 10(3);
d
section 11;
e
section 12(1) to (5);
f
sections 20 to 22;
g
section 25 insofar as it relates to a code of practice under section 21;
h
section 26(1) insofar as it relates to subsection (3);
i
section 26(3) and (6);
j
section 27;
k
section 28(1) to (4)(a);
l
section 32;
m
section 35;
n
section 37;
o
section 44;
p
sections 60 to 65;
q
sections 90 to 94.
2
No provision in paragraph (1) is commenced by this Order to the extent that such provision relates to the registration of managers.
Transitory provision relating to references to a service provider
3
For the period 12th January to 31st March 2009, the reference in section 11 of the Act (applications for registration as a service provider) to a person seeking to be registered as a service provider shall be interpreted as a reference to a person who intends to be carrying on, on or after 1st April 2009, an activity which the person reasonably expects to be prescribed as a regulated activity under section 8 of the Act from 1st April 2009.
Transitory modification relating to section 22(3) of the Act
4
For the purposes of the first code issued by the Secretary of State under section 21 of the Act (code of practice relating to health care associated infections), section 22(3) shall have effect as if for “at the time when it is issued by the Secretary of State” there were substituted “on 1st April 2009”.
Transitory modification relating to section 32(7) of the Act
5
Until such date as it is repealed, the definition of “the Tribunal” in subsection (7) of section 32 of the Act (appeals to the Tribunal) shall have effect as if there were substituted for it —
“the Tribunal” means the First-tier Tribunal.
.
Transitional provisions relating to grant or refusal of registration for 2009/10
6
1
Paragraph (2) applies to any application made under section 11 of the Act (applications for registration as a service provider) in respect of a period commencing on or after 1st April 2009 but before 1st April 2010.
2
In the case of an application to which this paragraph applies, section 12 of the Act (grant or refusal of registration as a service provider) shall apply as if modified as set out in paragraph (3).
3
For subsections (2) and (3) substitute —
2
If the Commission is satisfied that the requirements of regulations under section 20 are being and will continue to be complied with (so far as applicable) in relation to the carrying on of the regulated activity, it must grant the application either unconditionally or subject to such conditions as it thinks fit.
3
If the Commission is not so satisfied then it must —
a
grant the application subject to such conditions as it thinks fit; or
b
refuse the application.
3A
The conditions referred to in subsections (2), (3) and (5)(b) may relate to the requirements of any other enactment which appears to the Commission to be relevant.
.
4
In the case of any application to which paragraph (2) applies which is made on or before 6th February 2009 —
a
registration, if granted, shall take effect from 1st April 2009; and
b
section 12 of the Act shall apply as if, in addition to the modifications in paragraph (3), for subsection (4) there were substituted —
4
Where the application is granted, the Commission must issue a certificate of registration to the applicant on or before 30th April 2009.
.
Transitional provisions relating to registration subject to conditions
7
1
Where, pursuant to section 12 of the Act as modified by article 6, the Commission decides to grant an application subject to any condition which has not been agreed in writing between it and the applicant, the Commission must follow the procedure set out in the following paragraphs.
2
The Commission shall give the applicant notice in writing of its decision under paragraph (1) and of the conditions to which the registration is to be made subject.
3
A notice under paragraph (2) must —
a
give the Commission’s reasons for its decision; and
b
state that within 28 days of service of the notice, the person on whom it was served may make written representations to the Commission concerning any matter which that person wishes to dispute.
4
In the case of any application which is made on or before 6th February 2009, the notice referred to in paragraph (2) must be given on or before 31st March 2009.
5
Within 28 days of receipt of representations pursuant to paragraph (3)(b), the Commission shall give notice in writing —
a
confirming the original decision; or
b
varying or removing any of the conditions.
6
Section 32 of the Act (appeals to the Tribunal) shall apply to the notice referred to in paragraph (5) as it applies to a decision of the Commission under Chapter 2 of Part 1 of the Act, other than a decision to give a warning notice under section 29.
7
Notwithstanding the right to make representations under paragraph (3) and the right of appeal to the Tribunal under paragraph (6), any condition set out in a notice under paragraph (2) shall, unless otherwise specified by the Commission in the notice, have effect from 1st April 2009 or, if later, the date of grant of registration, until such date as —
a
the registered person is notified in writing by the Commission of its variation or removal; or
b
the Tribunal directs that it is to cease to have effect.
8
Notwithstanding the right of appeal to the Tribunal under paragraph (6), any varied condition set out in a notice under paragraph (5) shall, unless otherwise specified by the Commission in the notice, have effect from the date of that notice until such date as —
a
the registered person is notified in writing by the Commission of its variation or removal; or
b
the Tribunal directs that it is to cease to have effect.
9
In deciding whether to specify a date other than 1st April 2009 or, if later, the date of grant of registration, in a notice under paragraph (2) or (5), the Commission shall have regard to the need to strike a balance between the desirability of preserving service continuity and the need to safeguard patients against serious risks to their life, health or well-being.
Transitional provisions relating to refusal of registration
8
1
Where, pursuant to section 12 of the Act as modified by article 6, the Commission proposes to refuse an application it must give the applicant a notice of proposal pursuant to section 26(3) of the Act (notice of proposal relating to refusal of registration) —
a
in the case of any application to which article 6(2) applies and which is made on or before 6th February 2009, on or before 31st March 2009; and
b
in the case of any other application to which article 6(2) applies, when the decision to propose refusal is made.
2
Any subsequent notice of decision relating to that refusal given under section 28(3) of the Act shall, in addition to the item listed in section 28(4)(a) of the Act, state that the decision takes effect —
a
on 1st April 2009 in the case of a decision made on or before 31st March 2009 or immediately in the case of a decision made on or after 1st April 2009;
b
at the end of the period of 28 days referred to in section 32(2) of the Act; or
c
subject to any decision by the Tribunal, at the end of such further period specified in the notice.
3
In deciding which of the periods listed in paragraph (2) shall be stated in any particular case, the Commission shall have regard to the need to strike a balance between the desirability of preserving service continuity and the need to safeguard patients against serious risks to their life, health or well-being.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
11th December 2008


text:
Citation and commencement
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Transfer Values) (Amendment) Regulations 2008 and shall come into force on 13th October 2008.
Amendment of the Personal Pension Schemes (Transfer Values) Regulations 1987
2
1
The Personal Pension Schemes (Transfer Values) Regulations 1987 are amended in accordance with this regulation.
2
In regulation 3(2) (manner of calculation and verification of cash equivalents) , after “realisable value” insert “at the date of calculation”.
Amendment of the Occupational Pension Schemes (Transfer Values) Regulations 1996
3
1
The Occupational Pension Schemes (Transfer Values) Regulations 1996 are amended in accordance with this regulation.
2
In regulation 7B (initial cash equivalents for salary related benefits: assumptions) —
a
for the heading and paragraph (1), substitute —
Initial cash equivalents for salary related benefits: assumptions and guidance
7B
1
The trustees must calculate the initial cash equivalent for salary related benefits —
a
by using the assumptions determined under this regulation; and
b
where the scheme falls within paragraph (6), in accordance with the guidance referred to in that paragraph.
;
b
in paragraph (4), for “The trustees must” substitute “Except where the scheme falls within paragraph (6), the trustees must”; and
c
after paragraph (5), insert —
6
A scheme falls within this paragraph if it is a public service pension scheme in respect of which guidance has been prepared, and from time to time revised, by the Treasury for calculating the discount rates .
.
3
In regulation 7C(2) (manner of calculation of initial cash equivalents for money purchase benefits) , after “realisable value” insert “at the date of calculation”.
Amendment of the Occupational Pension Schemes (Early Leavers: Cash Transfer Sums and Contribution Refunds) Regulations 2006
4
1
The Occupational Pension Schemes (Early Leavers: Cash Transfer Sums and Contribution Refunds) Regulations 2006 are amended in accordance with this regulation.
2
In regulation 2B (initial cash transfer sum for salary related benefits: assumptions) —
a
for the heading and paragraph (1), substitute —
Initial cash transfer sum for salary related benefits: assumptions and guidance
2B
1
The trustees or managers must calculate the initial cash transfer sum for salary related benefits —
a
by using the assumptions determined under this regulation; and
b
where the scheme falls within paragraph (6), in accordance with the guidance referred to in that paragraph.
;
b
in paragraph (4), for “The trustees or” substitute “Except where the scheme falls within paragraph (6), the trustees or”; and
c
after paragraph (5), insert —
6
A scheme falls within this paragraph if it is a public service pension scheme in respect of which guidance has been prepared, and from time to time revised, by the Treasury for calculating the discount rates .
.
3
In regulation 2C(2) (manner of calculation of initial cash transfer sums for money purchase benefits) , after “realisable value” insert “at the date of calculation”.
4
In regulation 2D (alternative manner of calculating and verifying cash transfer values) —
a
in the heading, for “cash transfer values” substitute “cash transfer sums”; and
b
in all four places where “cash transfer value” appears, substitute “cash transfer sum”.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
18th September 2008


text:
Citation and interpretation
1
This Order may be cited as the Pensions Act 2008 (Commencement No. 1 and Consequential Provision) Order 2008.
Commencement
2
For the purposes only of section 286A of the Pensions Act 2004 (restriction on purchase of annuities) , section 124(2) and (6) of the Pensions Act 2008 (financial assistance scheme) shall come into force on 19th December 2008.
Consequential provision
3
1
After regulation 15 of the Financial Assistance Scheme Regulations 2005 (qualifying members) insert —
Qualifying members for the purposes of section 286A
15A
1
A member or a former member of a qualifying pension scheme is a qualifying member of that scheme for the purposes of section 286A (restriction on purchase of annuities) where the conditions in paragraphs (2) and (3) are satisfied.
2
The condition in this paragraph is that the member or former member has an accrued right to a benefit under the scheme.
3
The condition in this paragraph is that the member or former member —
a
was a member of the qualifying pension scheme immediately before the scheme began to wind up; or
b
was not a member of the scheme at that time but became a pension credit member of the scheme on or after the day on which the scheme began to wind up.
.
2
The amendment made by paragraph (1) shall have effect from 19th December 2008.
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
16th December 2008


text:
Citation and commencement
1
1
This Order may be cited as the Welsh Ministers (Transfer of Functions) Order 2008.
2
This Order shall come into force on the day after the day on which it is made.
Transfer of Functions
2
The following functions are, so far as exercisable in relation to Wales, transferred to the Welsh Ministers —
a
functions under section 86 of the Mental Health Act 1983 , except in relation to a patient who is subject to one or more of the following, namely —
i
a restriction order made under section 41 of that Act;
ii
a hospital direction made under section 45A(3)(a) of that Act;
iii
a limitation direction made under section 45A(3)(b) of that Act; or
iv
a restriction direction made under section 49 of that Act;
b
functions under section 259 of, and Schedule 21 to, the National Health Service Act 2006 .
Transfer of property, rights and liabilities - exception
3
The provisions of paragraph 1(1) of Schedule 4 to the Government of Wales Act 2006 do not apply to any documentary or electronic records to which a Minister of the Crown is entitled at the coming into force of this Order, in connection with any function exercisable by the Minister which is transferred by this Order.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Trustees for the St Mary’s National Health Service Trust (Transfer of Trust Property) Order 2008 and shall come into force on 1 st May 2008.
2
In this Order —
“the old Trustees” means the trustees for the St Mary’s National Health Service Trust ;
“the new Trustees” means the trustees for the Imperial College Healthcare National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trustees and the new Trustees and signed on behalf of the old Trustees on 1 st February 2008 and on behalf of the new Trustees on 1 st and 4 th February 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 Trustees to the new Trustees.
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 Trustees shall be construed as a reference to the new Trustees.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
26th March 2008


text:
1
This Order may be cited as the Value Added Tax (Refund of Tax to Museums and Galleries) (Amendment) Order 2008 and comes into force on 1st July 2008.
2
The Value Added Tax (Refund of Tax to Museums and Galleries) Order 2001 is amended as follows.
3
In column 2 of the Schedule, opposite the entry in column 1 for National Museums and Galleries on Merseyside —
a
in the entry relating to Liverpool Museum substitute “World Museum Liverpool” for “Liverpool Museum”;
b
in the entry relating to Museum of Liverpool Life substitute “Museum of Liverpool” for “Museum of Liverpool Life”;
c
in the entry relating to The Lady Lever Art Gallery substitute “CH62 5EQ” for “L62 4XE”;
d
in the entry relating to The Conservation Centre substitute “National Conservation Centre” for “The Conservation Centre”; and
e
in the entry relating to HM Customs & Excise National Museum substitute “HM Revenue and Customs” for “HM Customs & Excise”.
4
In column 2 of the Schedule, opposite the entry in column 1 for National Museums and Galleries on Merseyside and below the entry referred to in article 3(e), insert —
International Slavery Museum
Dock Traffic Office
Albert Dock
Liverpool L3 4AX
.
5
In column 3 of the Schedule, opposite the entry inserted by article 4, insert “1st April 2006”.
6
In column 2 of the Schedule, opposite the entry in column 1 for The Royal Air Force Museum and below the entry in column 2 for The Royal Air Force Museum Hendon, insert —
The Royal Air Force Museum Cosford
Shifnal
Shropshire TF11 8UP
.
7
In column 3 of the Schedule, opposite the entry inserted by article 6, insert “24th August 2005”.
8
In column 2 of the Schedule, opposite the entry in column 1 for University of Oxford and below the entry in column 2 for Pitt Rivers Museum, insert —
Museum of the History of Science
Broad Street
Oxford OX1 3AZ
.
9
In column 3 of the Schedule, opposite the entry inserted by article 8, insert “1st April 2007”.
10
At the end of the Schedule, below the entry for the University of Wales Swansea, insert —
People’s History Museum People’s History Museum
The Pump House
Bridge Street
Manchester M3 3ER
9th August 2005
National Football Museum National Football Museum
Sir Tom Finney Way
Deepdale
Preston PR1 6PA
1st July 2005 University of Liverpool The Victoria Gallery and Museum
The Foundation Building
765 Brownlow Hill
Liverpool L69 7ZX
24th October 2005
Frank Roy
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
21st May 2008


text:
PART 1 Introductory Provisions
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Involvement Networks Regulations 2008.
2
These Regulations shall come into force on 1st April 2008.
3
In these Regulations —
“ the Act ” means the Local Government and Public Involvement in Health Act 2007;
“authorised individual” has the meaning given in regulation 13;
“authorised representative” means an authorised representative within the meaning of section 225(5) of the Act;
“care services” has the meaning given in section 221(6) of the Act;
“excluded activities” means any activities provided in pursuance of —
the social services functions of a local authority so far as relating to persons aged under 18;
the functions, in so far as not covered by paragraph (a), conferred on or exercised by a local authority under the Children Act 1989 , the Adoption (Intercountry Aspects) Act 1999 or the Adoption and Children Act 2002 ; and
the functions, in so far as not covered by paragraph (a), continuing to be exercisable by a local authority under the Adoption Act 1976 ;
“excluded premises” means —
parts of a care home which are not communal areas;
premises or parts of premises used as residential accommodation for employees of services-providers;
premises which are occupied by one or more persons as their home and which at least one of those persons occupies under a tenancy or a licence;
“local involvement network” means a person who, in pursuance of arrangements made under section 221(1) of the Act, is to carry on section 221 activities;
“overview and scrutiny committee” has the meaning given in section 226(8) of the Act;
“the relevant local authority” means the local authority who made the arrangements under section 221(1) of the Act pursuant to which a local involvement network is to carry on section 221 activities;
“relevant person” means a person carrying-on section 221 activities in pursuance of temporary arrangements;
“relevant time” has the meaning given in regulation 7;
“section 221 activities” means the activities specified in section 221(2) of the Act;
“services-provider” means, subject to paragraph (4) —
a National Health Service trust;
an NHS foundation trust;
a Primary Care Trust; and
a local authority;
“social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970 ;
“working day” means any day except for a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday (in England) under the Banking and Financial Dealings Act 1971 .
4
In the definition of “excluded premises” in paragraph (3) and in regulations 2(2)(d) and (f), 3(2)(c), 8(6)(d) and (f), 9(2)(c), 12 and 14 “services-provider” also includes a person prescribed by regulations made by the Secretary of State under section 225(7)(e) of the Act.
PART 2 Local involvement networks
Local authority arrangements
2
1
The arrangements made by a local authority under section 221(1) of the Act must require that the local involvement network arrangements made pursuant to those local authority arrangements include provision that a local involvement network must —
a
before making any relevant decisions, have and publish the required procedures;
b
if any amendments are made to a required procedure, as soon as practicable publish the required procedure as amended;
c
comply with the required procedures as may be amended from time to time;
d
within a reasonable time after a relevant decision has been made, publish a written statement of that decision and the reasons for that decision; and
e
comply with the requirements about authorised representatives in regulation 3.
2
For the purposes of this regulation a “relevant decision” is a decision of a local involvement network as to —
a
how the local involvement network is to undertake the relevant section 221 activities;
b
which care services in relation to which those activities are to be carried out;
c
the spending of amounts in relation to the local involvement network’s section 221 activities;
d
whether to request information from a services-provider;
e
whether to refer a report or a recommendation to a services-provider;
f
which premises owned or controlled by a services-provider an authorised representative is to enter and view and when those premises are to be visited;
g
whether to refer a matter to an overview and scrutiny committee of a local authority; or
h
whether to report a matter concerning one or more of the section 221 activities to another person.
3
In this regulation —
a
“Host” means the person with whom the local authority has made local authority arrangements pursuant to which the local involvement network is carrying on section 221 activities;
b
“relevant section 221 activities”, in relation to a local involvement network, means the section 221 activities that the local involvement network is to carry on pursuant to local authority arrangements;
c
“required procedures” means —
i
a procedure for making relevant decisions, including provisions as to who may make such decisions; and
ii
a procedure for dealing with breaches of the procedure referred to in sub-paragraph (i).
4
The procedure referred to in paragraph (3)(c)(ii) must include provision setting out the circumstances in which the breach must be referred by the local involvement network to the Host or the relevant local authority
Arrangements for authorised representatives for the purposes of entering and viewing
3
1
The requirements referred to in regulation 2(1)(e) are that a local involvement network must —
a
have and publish a procedure for the making of decisions by the local involvement network about who may be an authorised representative;
b
if any amendments are made to the procedure referred to in sub-paragraph (a), as soon as practicable publish the procedure as amended;
c
comply with the procedure referred to in sub-paragraph (a) as may be amended from time to time;
d
maintain and publish a list of individuals authorised by that local involvement network as authorised representatives;
e
provide each authorised representative with written evidence of that individual’s authorisation; and
f
ensure that only an individual to whom paragraph (2) applies may be an authorised representative.
2
This paragraph applies to an individual if–
a
a criminal records certificate under section 113A of the Police Act 1997 has been obtained in respect of that individual;
b
a person nominated by the local involvement network (“nominated person”) has considered that certificate; and
c
the nominated person is satisfied that the individual to whom that certificate refers is a suitable person for the purposes of entering and viewing, and observing the carrying-on of activities on, premises owned or controlled by a services-provider.
3
For the purposes of paragraph (2), the nominated person must not be the individual to whom the certificate refers.
Notification requirements
4
1
Subject to paragraph (2), a local involvement network must notify in writing the relevant local authority of the date when that person first carries on one of the section 221 activities pursuant to arrangements made by the relevant local authority.
2
Paragraph (1) applies only where a local involvement network first carries on one of those activities before 30th September 2008.
3
A notification under paragraph (1) must be sent as soon as practicable after the duty imposed by paragraph (1) applies.
Duties of services-providers to respond to reports and recommendations by local involvement networks
5
1
Subject to regulation 6, this regulation applies where a local involvement network has, in the carrying-on of section 221 activities pursuant to arrangements made under section 221(1) of the Act, made a report or recommendation to a services-provider.
2
Where a report or recommendation (whether an original or a copy) is received for the first time by a relevant services-provider that services-provider must within 20 working days beginning with the date of receipt of that report or recommendation —
a
acknowledge receipt to the referrer; and
b
provide an explanation to the referrer of any action it intends to take in respect of the report or recommendation or an explanation of why it does not intend to take any action in respect of that report or recommendation.
3
Where a report or recommendation (whether an original or a copy) is received by a services-provider, other than a relevant services-provider, for the first time that services-provider must within 20 working days beginning with the date of receipt of that report or recommendation —
a
acknowledge receipt to the referrer;
b
provide a copy of the report or recommendation to any other services-provider which appears to it to be a relevant services-provider; and
c
inform the referrer if no other services-provider appears to it to be a relevant services-provider.
4
A relevant services-provider is a services-provider who was responsible for commissioning any of the care services to which the report or recommendation relates.
5
This paragraph applies where the relevant services-providers in respect of a report or recommendation agree that one of those services-providers may act on their behalf in relation to a report or recommendation made by a local involvement network in accordance with paragraph (1).
6
Where paragraph (5) applies —
a
the duty in paragraph (2)(b) does not apply; and
b
the services-provider acting on behalf of the relevant services-providers must, within 20 working days of the latest date on which the report or recommendation was received by one of those services-providers, provide to the referrer —
i
an explanation of any action any of the relevant services-providers intends to take in respect of the report or recommendation; or
ii
an explanation of why none of the relevant services-providers intends to take any action in respect of that report or recommendation.
7
If a relevant services-provider receives a report or recommendation from a local involvement network it must send a copy of the report or recommendation to any other relevant services-provider which appears to it not to have received that report or recommendation, or a copy of it.
8
If a relevant services-provider receives a copy of a report or recommendation from a services-provider it must send a copy to any other relevant services-provider which appears to it not to have received a copy of that report or recommendation.
9
In this regulation “the referrer” means the local involvement network who made the report or recommendation.
10
Where a services-provider is required to acknowledge receipt, provide an explanation or inform the referrer, that services-provider must do so in writing.
Excluded services
6
1
Regulation 5 does not apply where a report or recommendation relates wholly to —
a
excluded activities; or
b
excluded services.
2
Where a report or recommendation relates partly to —
a
excluded activities; or
b
excluded services,
then regulation 5 applies only to that part of the report or recommendation that does not relate to those activities or services.
3
In this regulation “excluded services” means services which are not care services in respect of which the local involvement network who made the report or recommendation is carrying-on activities in pursuance of arrangements made under section 221(1) of the Act.
PART 3 Transitional arrangements
Relevant time
7
For the purpose of section 228(2) of the Act, the “relevant time”, in relation to a local authority, is the earlier of —
a
30th September 2008; or
b
the time when a person first carries on one of the section 221 activities in pursuance of arrangements made under section 221(1) of that Act by that local authority.
Compliance with the temporary duty
8
1
A local authority complies with the duty under section 228(2) only if it acts in accordance with the following paragraphs.
2
The local authority must not make temporary arrangements for any of the following persons to carry on section 221 activities —
a
another local authority;
b
a National Health Service trust;
c
an NHS foundation trust;
d
a Primary Care Trust;
e
a Strategic Health Authority;
f
a person with whom a local authority has made contractual arrangements under section 221(1) of the Act;
g
a person who has submitted a tender to the local authority relating to the contractual arrangements to be made by that authority under section 221(1) of the Act.
3
Paragraph (2)(g) does not apply once the local authority has entered into the contractual arrangements to which the tender relates.
4
The local authority may not carry on section 221 activities.
5
The temporary arrangements made by the local authority must include provision requiring that a person who is to carry on section 221 activities in pursuance of the temporary arrangements must —
a
before making any relevant decisions, have a procedure for making relevant decisions;
b
comply with the procedure referred to in sub-paragraph (a) as may be amended from time to time;
c
within a reasonable time after a relevant decision has been made, publish a written statement of that decision and the reasons for that decision; and
d
comply with the requirements about authorised individuals in regulation 9.
6
For the purpose of this regulation a “relevant decision” is a decision of a relevant person as to —
a
how the relevant person is to undertake the relevant section 221 activities;
b
which care services in relation to which those activities are to be carried out;
c
the spending of amounts in relation to the relevant person’s section 221 activities;
d
whether to request information from a services-provider;
e
whether to refer a report or a recommendation to a services-provider;
f
which premises owned or controlled by a services-provider an authorised individual is to enter and view and when those premises are to be visited;
g
whether to refer a matter to an overview and scrutiny committee of a local authority; or
h
whether to report a matter concerning one or more of the section 221 activities to another person.
7
In this regulation “relevant section 221 activities”, in relation to a relevant person, means the section 221 activities that the relevant person is to carry on pursuant to temporary arrangements.
Arrangements for authorised individuals for the purposes of entering and viewing
9
1
The requirements referred to in regulation 8(5)(d) are that a relevant person must —
a
have a procedure for the making of decisions by the relevant person about who may be an authorised individual;
b
comply with the procedure referred to in sub-paragraph (a) as may be amended from time to time;
c
provide each authorised individual with written evidence of that individual’s authorisation;
d
ensure that only an individual to whom paragraph (2) applies may be an authorised individual.
2
This paragraph applies to an individual if —
a
a criminal records certificate under section 113A of the Police Act 1997 has been obtained in respect of that individual;
b
a person nominated by the relevant person (“nominated person”) has considered that certificate;
c
the nominated person is satisfied that the individual to whom that certificate refers is a suitable person for the purposes of entering and viewing, and observing the carrying-on of activities on, premises owned or controlled by a services-provider.
3
For the purposes of paragraph (2), the nominated person must not be the individual to whom the certificate refers.
Duties of services-providers to respond to reports and recommendations by relevant persons
10
1
Subject to regulation 11, this regulation applies where a relevant person has in the carrying-on of section 221 activities pursuant to temporary arrangements made a report or recommendation to a services-provider.
2
Where a report or recommendation (whether an original or a copy) is received for the first time by a relevant services-provider that services-provider must within 20 working days beginning with the date of receipt of that report or recommendation —
a
acknowledge receipt to the referrer; and
b
provide an explanation to the referrer of any action it intends to take in respect of the report or recommendation or an explanation of why it does not intend to take any action in respect of that report or recommendation.
3
Where a report or recommendation (whether an original or a copy) is received by a services-provider, other than a relevant services-provider, for the first time that services-provider must within 20 working days beginning with the date of receipt of that report or recommendation —
a
acknowledge receipt to the referrer;
b
provide a copy of the report or recommendation to any other services-provider which appears to it to be a relevant services-provider;
c
inform the referrer if no other services-provider appears to it to be a relevant services-provider.
4
A relevant services-provider is a services-provider who was responsible for commissioning any of the care services to which the report or recommendation relates.
5
This paragraph applies where the relevant services-providers in respect of a report of recommendation agree that one of those services-providers may act on their behalf in relation to a report or recommendation made by a relevant person in accordance with paragraph (1).
6
Where paragraph (5) applies —
a
the duty in paragraph (2)(b) does not apply; and
b
the services-provider acting on behalf of the relevant services-providers must, within 20 working days of the latest date on which the report or recommendation was received by one of those services-providers, provide to the referrer —
i
an explanation to the referrer of any action that any of the relevant services-providers intends to take in respect of the report or recommendation; or
ii
an explanation of why none of the relevant services-providers intends to take any action in respect of that report or recommendation.
7
If a relevant services-provider receives a report or recommendation from a relevant person it must send a copy of the report or recommendation to any other relevant services-provider which appears to it not to have received that report or recommendation, or a copy of it.
8
If a relevant services-provider receives a copy of a report or recommendation from a services-provider it must send a copy to any other relevant services-provider which appears to it not to have received a copy of that report or recommendation.
9
In this regulation —
a
“the referrer” means —
i
before the relevant time in relation to the local authority pursuant to whose temporary arrangements the relevant person is carrying-on section 221 activities, the relevant person who made the report or recommendation in accordance with paragraph (1); or
ii
at any other time, a relevant local involvement network;
b
“relevant local involvement network” means a person who pursuant to arrangements made under section 221(1) of the Act is to carry on section 221 activities to which the report or recommendation referred to in paragraph (1) relates.
10
Where a services-provider is required to acknowledge receipt, provide an explanation or inform the referrer, that services-provider must do so in writing.
Excluded services
11
1
Regulation 10 does not apply where a report or recommendation relates wholly to —
a
excluded activities; or
b
excluded services.
2
Where a report or recommendation relates partly to —
a
excluded activities; or
b
excluded services,
then regulation 10 applies only to that part of the report or recommendation that does not relate to those activities or services.
3
In this regulation “excluded services” means services which are not care services in respect of which the relevant person who made the report or recommendation is carrying-on section 221 activities in pursuance of temporary arrangements.
Duty of services-providers to allow entry by local involvement networks
12
1
A services-provider must allow an authorised individual to —
a
enter and view, and
b
observe the carrying-on of activities on,
premises that it owns or controls.
2
Paragraph (1) does not apply —
a
in respect of any premises, or parts of premises, if the presence of an authorised individual on those premises, or those parts of premises, would compromise —
i
the effective provision of care services, or
ii
the privacy or dignity of any person;
b
if the authorised individual does not comply with regulation 14;
c
in respect of excluded premises;
d
to observing the carrying-on of excluded activities;
e
to entering and viewing premises, or parts of premises, for the purpose of observing excluded activities;
f
in respect of any premises, or parts of premises, at any time when care services are not being provided on those premises or parts of premises;
g
if, in the opinion of the services-provider, the authorised individual in seeking to enter and view, and observe the carrying-on of activities on, the premises that the services-provider owns or controls is not acting reasonably and proportionately;
h
if an authorised individual does not provide the services-provider with evidence that the individual is authorised in accordance with regulation 13.
3
Where any premises, or parts of premises, are owned by a services-provider and controlled by another services-provider, then for the purpose of this regulation the services-provider who owns those premises, or parts of premises, is to be treated as not being a services-provider.
Authorised individual
13
1
An “authorised individual” means an individual who, until the relevant time in relation to the local authority who made the temporary arrangements pursuant to which the relevant person is carrying-on section 221 activities, is authorised for the purposes of regulation 12 —
a
by a relevant person; and
b
in accordance with the requirements to be included in temporary arrangements specified in regulation 9.
Viewing and observing activities
14
While an authorised individual is on any premises as a result of a services-provider having complied with a duty imposed under regulation 12 —
a
any viewing, or observation, carried out by the individual must be carried out for the purposes of the carrying-on of activities under temporary arrangements;
b
the authorised individual must not act in any way that compromises —
i
the effective provision of care services; or
ii
the privacy or dignity of any person.
Transitional reports
15
1
Each relevant person must prepare a report (“a transitional report”) setting out —
a
the section 221 activities that that person has carried on in pursuance of temporary arrangements made by the relevant local authority;
b
details of the amount spent by the relevant person in respect of the activities referred to in sub-paragraph (a); and
c
details of what those amounts referred to in sub-paragraph (b) were spent on.
2
The transitional report must be prepared within 2 months of the date on which the relevant person ceases to carry on section 221 activities pursuant to temporary arrangements made by the relevant local authority.
3
A relevant person must provide a copy of the transitional report to —
a
a Host,
b
the appropriate local authority, and
c
the Secretary of State,
within 3 months of the date on which the relevant person ceases to carry on section 221 activities pursuant to temporary arrangements made by the relevant local authority.
4
In this regulation —
“appropriate local authority” means the local authority who made the temporary arrangements pursuant to which the relevant person was carrying on section 221 activities;
“Host” means a person with whom the appropriate local authority has made arrangements under section 221(1) of the Act.
Relevant persons: referrals of social care matters
16
1
Paragraphs (2) to (6) apply where a relevant person refers a matter relating to social care services to an overview and scrutiny committee of a local authority.
2
The committee must —
a
acknowledge receipt of the referral within 20 working days beginning with the date on which the referral to which the duty applies was made; and
b
keep the referrer informed of the committee’s actions in relation to the matter.
3
The committee must decide whether or not any of its powers is exercisable in relation to the matter referred.
4
If the committee concludes that any of those powers is exercisable in relation to the matter, the committee must decide whether or not to exercise that power in relation to the matter.
5
The committee, in exercising any of those powers in relation to the matter, must take into account any relevant information provided by a relevant person.
6
In paragraph (2), from the relevant time in relation to the local authority which made the arrangements pursuant to which the relevant person made the referral, “referrer” means a relevant local involvement network.
7
In this regulation —
a
“a relevant local involvement network” means a person who pursuant to arrangements made under section 221(1) of the Act is to carry on section 221 activities to which the matter referred in paragraph (1) relates to;
b
a matter is referred by a “relevant person” if the referral is made by a person in carrying on section 221 activities in pursuance of temporary arrangements.
PART 4 Miscellaneous
Local involvement networks: referrals of social care matters
17
For the purposes of section 226(2)(a) of the Act, the time by which the duty under that section is to be performed is 20 working days beginning with the date on which the referral to which the duty applies was made.
Amendment of regulation 2 of the Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002
18
1
Regulation 2 of the Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002 is amended as follows.
2
In paragraph (2)(c) for the words “Patients’ Forum pursuant to a referral under section 15(5)(a) of the 2002 Act” substitute “local involvement network or relevant person when that person refers a matter falling within paragraph (1) to the committee”.
3
After paragraph (2) insert —
2A
Where a matter falling within paragraph (1) is referred to the overview and scrutiny committee by a local involvement network or a relevant person, the overview and scrutiny committee must —
a
acknowledge receipt of the referral within 20 working days beginning with the date on which the referral to which the duty applies was made; and
b
keep the referrer informed of any action taken in relation to the matter.
.
4
After paragraph (3) insert —
4
For the purposes of this regulation —
a
a matter is referred by a local involvement network if it is referred by a local involvement network in the carrying-on of activities specified under section 221(2) of the 2007 Act in pursuance of arrangements made under section 221(1) of that Act;
b
a matter is referred by a relevant person if it is referred by a relevant person in the carrying-on of activities specified under section 221(2) of the 2007 Act in pursuance of arrangements made by a local authority to comply with the duty imposed by section 228(2) of that Act.
5
In relation to a report or recommendation referred to an overview and scrutiny committee by a relevant person, the reference in paragraph (2A) to the “referrer” is, from the relevant time in relation to that committee’s local authority, a reference to the relevant local involvement network.
6
In this regulation —
“the 2007 Act” means the Local Government and Public Involvement in Health Act 2007;
“local involvement network” means a person who is to carry on activities specified under section 221(2) of the 2007 Act in pursuance of arrangements made under section 221(1) of that Act;
“the relevant local involvement network” means a local involvement network who pursuant to arrangements made under section 221(1) of the 2007 Act is to carry on activities to which the matter referred in paragraph (1) relates;
“relevant person” means a person carrying-on section 221 activities in pursuance of arrangements made by a local authority to comply with the duty imposed by section 228(2) of that Act;
“the relevant time” shall be construed in accordance with regulation 7 of the Local Involvement Networks Regulations 2008;
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday (in England) under the Banking and Financial Dealings Act 1971.
.
Consequential amendments
19
The Schedule (consequential amendments) has effect.
Signed by the authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
25th February 2008


text:
Citation
1
This Order may be cited as the Road Safety Act 2006 (Commencement No. 4) Order 2008.
Commencement of provisions
2
The following provisions of the Road Safety Act 2006 shall come into force on 18th August 2008 —
a
section 20;
b
section 21; and
c
section 30, to the extent not already commenced.
Maria Eagle
Parliamentary Under-Secretary of State
Ministry of Justice
17th July 2008


text:
Citation
1
This Order may be cited as the Welfare Reform Act 2007 (Commencement No. 8) Order 2008.
Appointed day
2
27th October 2008 is the day appointed for the coming into force of section 13(7) (work-related activity) of the Welfare Reform Act 2007.
Signed by authority of the Secretary of State for Work and Pensions
Jonathan Shaw
Parliamentary Under-Secretary of State
Department for Work and Pensions
20th October 2008