text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Guernsey) (Revocation) Order 2008 and comes into force on the day on which Part III of the Aviation (Bailiwick of Guernsey) Law 2008 comes into force.
Revocation
2
The Air Navigation (Guernsey) Order 1981 is revoked but: —
a
any licence granted under Article 70(1) of the Air Navigation Order 1980 , as that Article has effect in Guernsey, shall remain in force as if granted by the Director of Civil Aviation under section 105(2) of the Aviation (Bailiwick of Guernsey) Law 2008; and
b
the Air Navigation (Restriction of Flying) (Guernsey) Regulations 1985 shall remain in force as if made by the Director of Civil Aviation under section 63(1) of the Aviation (Bailiwick of Guernsey) Law 2008.
Interpretation
3
In this Order, “Guernsey” means the Bailiwick of Guernsey and its adjacent territorial sea.
Judith Simpson
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Fal & Helford Designated Area (Fishing Restrictions) Order 2008 and comes into force on 1st October 2008.
Prohibition on dredging and trawling
2
1
Dredging for shellfish and demersal trawling in the designated area are prohibited.
2
The designated area is the area seaward of lines drawn —
a
across the Helford River, on a bearing of 195° true from Mawnan Shear to a point on the opposite shore, and
b
across the River Fal (Carrick Roads), from the southernmost extremity of Pendennis Point to the lighthouse at St Anthony Head,
and within a line drawn from Zone Point to Manacle Point.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of enforcing this Order, a British sea‑fishery officer has the powers set out in this article in relation to a fishing boat to which the prohibition in article 2 applies.
2
A British sea‑fishery officer may go on board the boat, with or without persons assigned to assist in that officer’s duties, and may require it to stop and do anything else that will facilitate boarding or disembarkation.
3
A British sea‑fishery officer may require the attendance of the master and other persons on board and may make any examination and inquiry as appears to the officer to be necessary for the purpose of enforcing this Order, and in particular may —
a
search for fish or fishing gear on the boat and examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board to do anything that appears to the officer to be necessary for facilitating the examination;
b
require any person on board to produce any document in that person’s custody or possession relating to the boat, to any fishing or ancillary operations or to persons on board;
c
for the purpose of ascertaining whether an offence under this Order has been committed, search the boat for any such document and may require any person on board to do anything that appears to the officer to be necessary for facilitating the search;
d
inspect and copy any such document produced or found on board and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
e
where the boat is one in relation to which the officer has reason to suspect that an offence under this Order has been committed, seize and detain any such document produced or found on board for the purpose of enabling it to be used as evidence in proceedings in connection with any offence under this Order.
4
Where it appears to a British sea-fishery officer that an offence under this Order has at any time been committed in relation to a fishing boat, the officer may —
a
take, or require the master of the boat to take, the boat and its crew to the port that appears to the officer to be the nearest convenient port; and
b
detain, or require the master to detain, the boat in the port.
5
A British sea‑fishery officer who detains or requires the detention of a boat must serve on the master a written notice stating that the boat is, or is required to be, detained until the notice is withdrawn by the service on the master of a further written notice signed by a British sea-fishery officer.
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
26th August 2008
Paul Goggins
Minister of State
Northern Ireland Office
1st September 2008


text:
Citation and commencement
1
1
These Regulations may be cited as the Immigration and Nationality (Cost Recovery Fees) (Amendment) Regulations 2008.
2
Subject to paragraph (3), these Regulations shall come into force on 29th February 2008.
3
Regulations 2(4) and 2(6) shall come into force on 1st April 2008.
Amendment
2
1
The Immigration and Nationality (Cost Recovery Fees) Regulations 2007 shall be amended as follows.
2
In regulation 2 (interpretation) —
a
after the definition of “assistance” insert —
“charity” means an English charity, a Scottish charity or a Northern Ireland charity;
;
b
after the definition of “document of identity” insert —
“English charity” means —
subject to paragraph (b), a charity as defined in section 1 of the Charities Act 2006 ;
prior to the commencement of section 1 of the Charities Act 2006, a charity within the meaning of section 96 of the Charities Act 1993 ;
;
c
after the definition of “leave to remain” insert —
“Northern Ireland charity” means a charity within the meaning of section 35 of the Charities Act (Northern Ireland) 1964 ;
“Scottish charity” means a body entered in the Scottish Charity Register;
“small sponsor” means a sponsor that is either —
subject to paragraph (b) —
a company that qualifies as small in accordance with sections 382 and 383 of the Companies Act 2006 ; or
in the case of a person who is not a company for the purposes of sections 382 and 383 of the Companies Act 2006 and therefore does not qualify as small in accordance with those sections, a person who employs no more than 50 employees;
prior to the commencement of sections 382 and 383 of the Companies Act 2006 —
a company that qualifies as small or medium sized for the purposes of section 247 of the Companies Act 1985 ; or
in the case of a person who is not a company for the purposes of section 247 of the Companies Act 1985 and therefore does not qualify as small or medium-sized in accordance with that section, a person who employs no more than 50 employees; or
a charity.
“sponsor” means a person who is granted a sponsorship licence;
“sponsorship licence” means a licence granted by the Secretary of State to a person who, by virtue of such grant, is licensed as a sponsor;
.
3
In regulation 3 (fees for leave to remain applications), omit paragraph (1)(a).
4
After regulation 10 (exceptions in respect of leave to remain applications) insert —
Fees for entry clearance
10A
1
In the case of an application to which article 3(2)(aa) of the 2007 Order applies,
a
where the application is for entry clearance as a visitor for a period of six months or less under the immigration rules, the fee is £65;
b
where the application is for entry clearance as a student under the immigration rules, the fee is £99;
c
where the application is for entry clearance outside the immigration rules on an application by —
i
entertainers in accordance with Chapter 17 Section 3 of the Immigration Directorate’s Instructions dated April 2007 ;
ii
outside the immigration rules on an application by sportsmen and sportswomen in accordance with Chapter 17 Section 8 of the Immigration Directorate’s Instructions dated August 2001; or
iii
outside the immigration rules on an application by voluntary workers in accordance with Chapter 17 Section 9 of the Immigration Directorate’s Instructions dated July 2003, the fee is £99;
d
where the application is for entry clearance for passing through the United Kingdom, the fee is £45.
2
This regulation is subject to regulations 10B and 10C.
Exceptions and waivers in respect of fees for entry clearance applications
10B
No fee is payable in relation to an application referred to in regulation 10A where —
a
it is in connection with the official duty of any official of Her Majesty’s Government;
b
it is for the purpose of family reunion under Part 11 of the immigration rules; or
c
the Secretary of State determines that the fee should be waived.
10C
The official determining the application may waive the payment of a fee required under regulation 10A where —
a
it is made by a candidate for or holder of a scholarship funded by Her Majesty’s Government and is in connection with such scholarship; or
b
where the official so decides as a matter of international courtesy.
.
5
In regulation 13 (fees for travel documents), —
a
in paragraph (3)(a), for “45” substitute “46”;
b
in paragraph (3)(b), for “66” substitute “72”.
6
After regulation 14 (fee for application for registration as a British citizen) insert —
Fee for a direct airside transit visa
14A
In the case of an application to which article 3(2)(la) of the 2007 Order applies, the fee is £45.
Fee for a certificate of entitlement to the right to abode
14B
In the case of an application to which article 3(2)(lb) of the 2007 Order applies, and the application is made in respect of an applicant who is in the United Kingdom, the fee is £135.
.
7
After Regulation 15 (fee for permission to marry or form a civil partnership) insert —
Fee for sponsorship applications
15A
In the case of an application to which article 3(2)(p) of the 2007 Order applies, where such application is in respect of a person who, if granted a sponsorship licence, would be a small sponsor, the fee is £300.
.
Meg Hillier
Minister of State
Home Office
4th February 2008
We consent
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
4th February 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Child Maintenance and Other Payments Act 2008 (Commencement No. 4 and Transitional Provision) Order 2008.
2
In this Order “the relevant date” means 1st November 2008.
3
In this Order, except where otherwise stated, any reference to a numbered section or Schedule is a reference to a section of, or Schedule to, the Child Maintenance and Other Payments Act 2008.
Appointed day for paragraph 40(b) of Schedule 3
2
Paragraph 40(b) of Schedule 3 (transfer of child support functions) and section 13, in so far as it relates to that sub-paragraph, come into force —
a
in relation to Scotland, immediately after paragraph 18(a)(i) of Schedule 5 to the Bankruptcy and Diligence etc. (Scotland) Act 2007 comes into force; and
b
in relation to England and Wales, immediately after paragraph 18(a)(i) of Schedule 5 to the Bankruptcy and Diligence etc. (Scotland) Act 2007 extends to England and Wales.
Appointed day for other provisions
3
The following provisions come into force on the relevant date —
a
section 3(1)(a) (functions of the Commission : general);
b
section 13 (transfer of child support functions) and Schedules 2 and 3, except in relation to paragraph 40(b) of Schedule 3;
c
section 14 (transfer of property, rights and liabilities);
d
section 44 and Schedule 6 (use of information);
e
sections 57(1) and 58, so far as relating to the paragraphs and entries referred to in sub-paragraphs (f) and (g) below;
f
paragraph 1(19), (20), (21) and (33) of Schedule 7 (minor and consequential amendments); and
g
in Schedule 8 (repeals), the entries relating to the repeals in —
i
section 50(5) of, and Schedule 2 to, the Child Support Act 1991 ; and
ii
section 80 of the Welfare Reform and Pensions Act 1999 .
Transitional provision
4
Where, on or after the relevant date, any document or notice relating to a function transferred to the Commission by virtue of section 13 is given or sent to any person by the Commission which contains a reference to the Secretary of State, that document or notice is not to be invalidated by virtue of that reference.
James Purnell
Secretary of State for Work and Pensions
7th October 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2008 and shall come into force on 1st April 2008.
2
In this Order —
a
“the Code” means the code of practice set out in the Schedule;
b
“material” means material of all kinds, including information and objects;
c
“ service court ” means a court-martial under any of the Service Discipline Acts or a Standing Civilian Court;
d
“Service Discipline Acts” means the Army Act 1955 , the Air Force Act 1955 and the Naval Discipline Act 1957 ;
e
“service investigation” means an investigation conducted by a service policeman with a view to it being ascertained —
i
whether a person should be charged with a service offence, or
ii
whether a person charged with a service offence is guilty of it;
f
“service offence” means an offence under a provision of any of the Service Discipline Acts; and
g
“ service police force ” means the Royal Navy Police, the Royal Military Police or the Royal Air Force Police.
3
In this Order —
a
subject to sub-paragraphs (b) and (c), “service policeman” means a member of a service police force;
b
a Provost Marshal is to be taken to be a member of the appropriate service police force (if he is not a member of that force);
c
an officer in the Royal Air Force or the Royal Auxiliary Air Force who is appointed to exercise functions conferred by or under the Air Force Act 1955 on service policemen is to be taken to be a member of the Royal Air Force Police.
Code of practice
2
The Code shall have effect in relation to service investigations which begin on or after 1st April 2008.
Effect of the Code
3
A failure by a service policeman to comply with any provision of the Code shall not in itself render him liable to proceedings for a service offence.
4
In all proceedings before a service court the Code shall be admissible in evidence.
5
If it appears to a service court conducting proceedings that —
a
any provision of the Code, or
b
any failure by a service policeman,
is relevant to any question arising in the proceedings, the provision or failure shall be taken into account in deciding the question.
Common law rules as to service investigations
6
1
Where the Code applies in relation to a suspected or alleged service offence, the rules of common law which —
a
were effective immediately before 1st April 2008, and
b
relate to the matter mentioned in paragraph (2),
shall not apply in relation to the suspected or alleged service offence,
2
The matter is the revealing of material by a service policeman charged with the duty of conducting a service investigation to a person involved in the prosecution service offences.
Signatory text
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
7th March 2008


text:
Citation and commencement
1
This Order may be cited as the Christmas Bonus (Relevant Week) Order 2008 and shall come into force on 27th November 2008.
Relevant week for the year 2008
2
For the purposes of subsection (4) of section 150 (interpretation of Part 10) of the Social Security Contributions and Benefits Act 1992, the relevant week in relation to the year 2008 is the week beginning Monday, 22nd December.
Signed by authority of the Secretary of State.
Rosie Winterton
Minister of State,
Department for Work and Pensions
26th November 2008


text:
Citation
1
This Order may be cited as the Finance Act 2007 section 46 (Commencement) Order 2008.
Commencement of section 46 of the Finance Act 2007
2
Section 46 (1) to (3) and (5) to (7) of the Finance Act 2007 comes into force on 6th April 2008.
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 2008


text:
1
This Order may be cited as the Export Control (Democratic Republic of Congo) (Amendment) Order 2008 and shall come into force on 24 th January 2008.
2
The Export Control (Democratic Republic of Congo) Order 2005 is amended as set out in the Schedule to this Order.
Malcolm Wicks
Minister of State for Energy,
Department for Business, Enterprise and Regulatory Reform
22nd January 2008


text:
Citation, commencement and application
1
1
This Order may be cited as the Fire and Rescue Services (National Framework) (England) Order 2008 and shall come into force on 30th June 2008.
2
This Order shall apply in relation to fire and rescue authorities in England only.
The Fire and Rescue National Framework
2
The Fire and Rescue National Framework prepared by the Secretary of State for Communities and Local Government and entitled “The Fire and Rescue National Framework 2008/11” which was published by the Department for Communities and Local Government on 20th May 2008 shall have effect as a revision, which appears to the Secretary of State to be significant, of the Fire and Rescue National Framework 2006/08 .
Signed by authority of the Secretary of State for Communities and Local Government
Parmjit Dhanda
Parliamentary Under Secretary of State
Department for Communities and Local Government
23rd May 2008


text:
Title, Commencement and Interpretation
1
1
The title of this Order is the Conwy and Denbighshire National Health Service Trust (Transfer of Staff, Property, Rights and Liabilities) Order 2008 and it comes into force on 1 July 2008.
2
In this Order, unless the context otherwise requires:
“the old trust” (“ yr hen ymddiriedolaeth ”) means Conwy and Denbighshire National Health Service Trust established on 4 January 1999;
“the transfer date” (“ y dyddiad trosglwyddo ”) means the 1 July 2008;
“the new trust” (“ yr ymddiriedolaeth newydd ”) means the North Wales National Health Service Trust established on 25 June 2008.
Transfer of employees to the transferee
2
1
Subject to paragraph (3), any person who immediately before the transfer date, was employed by the old trust shall have their contract of employment transferred to the new trust on the transfer date and that contract will have effect as if originally made between the person so employed and the new trust.
2
Without prejudice to paragraph (1) above —
a
all the rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies will, by virtue of this article, be transferred to the new trust on the transfer date;
b
anything done before that date by, or in relation to, the old trust in respect of that contract or that employee, will be deemed from the transfer date to have been done by, or in relation to, the new trust.
3
Paragraphs (1) and (2) are without prejudice to any right of any employee to terminate his or her contract of employment if a substantial change is made to his or her detriment in his or her working conditions, but no such right shall arise by reason only of the change in employer effected by this article.
Transfer of property, rights and liabilities
3
On the transfer date all the property, rights and liabilities of the old trust, not referred to in article 2 above, shall be transferred to the new trust, including without limitation —
a
the duty to prepare the outstanding accounts of the old trust and to perform all statutory duties relating to those accounts;
b
the trust property of the old trust listed in Schedule 1.
c
the charities of the old trust listed in Schedule 2.
Transfer of functions of the old trust to the new trust
4
With effect from the transfer date, all the functions of the old trust are transferred to the new trust.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
30 June 2008


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Welwyn Hatfield (Electoral Changes) Order 2008.
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2008, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2008.
Interpretation
2
In this Order —
“borough” means the borough of Welwyn Hatfield;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
“map” means the map marked “Map referred to in the Borough of Welwyn Hatfield (Electoral Changes) Order 2008”, of which prints are available for inspection at the principal office of the Electoral Commission: and any reference to a numbered sheet is a reference to the sheet of the map which bears that number;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 ; and
“registration officer” means an officer appointed for the purpose of, and in accordance with, section 8 of the Representation of the People Act 1983.
Wards of the borough of Welwyn Hatfield
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into seventeen wards which shall be named as set out in column (1) of Schedule 1.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines.
4
The number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of Schedule 1.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Welwyn Hatfield
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2008 .
2
The councillors holding office for any ward of the borough immediately before the fourth day after the ordinary day of election of councillors in 2008 shall retire on that date and the newly elected councillors shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Of the councillors elected in 2008 for any ward of the borough —
a
the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Hatfield
5
1
The existing wards of the parish of Hatfield shall be abolished.
2
The parish shall be divided into six wards which shall be named Central, East, Newgate Street and Wildhill, South, Villages and West.
3
Each ward shall comprise the area designated on sheets 3 and 4 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each of Central, East, Villages and West wards shall be three, for South ward shall be two and for Newgate Street and Wildhill ward shall be one.
Wards of the parish of Welwyn
6
1
The existing wards of the parish of Welwyn shall be abolished.
2
The parish of Welwyn shall be divided into three wards which shall be named Digswell, Oaklands and Mardley Heath, and Welwyn Village.
3
Each ward shall comprise the area designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for Welwyn Village ward shall be five, for Oaklands and Mardley Heath ward shall be four and for Digswell ward shall be two.
Parish elections
7
1
Elections of all parish councillors for the parishes of Hatfield and Welwyn shall be held simultaneously on the ordinary day of election of councillors in 2008 and 2011 .
2
The term of office of every parish councillor for these parishes elected on the ordinary day of election of councillors in 2007 shall be one year.
3
Where any provision of an Order made before the making of this Order requires an election of parish councillors for a parish mentioned in paragraph (1) to be held on a date other than that for which that paragraph provides, it shall cease to have effect to that extent.
Map
8
Welwyn Hatfield Borough Council shall make a print of the map available for inspection at its offices by any member of the public at any reasonable time.
Electoral register
9
The registration officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
10
Articles 2, 3(4), 4 and Schedule 1 and 2 of the District of Welwyn Hatfield (Electoral Changes) Order 1998 are revoked.
Sealed with the seal of the Electoral Commission on the 20th day of February 2008
Peter Wardle
Chief Executive
20th February 2008
Vera Markos
Secretary to the Commission
20th February 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No.6) Regulations 2008.
2
Subject to paragraph (3), these Regulations shall come into force on 17th November 2008.
3
Regulations 7(7) and 8(7) shall come into force on 6th April 2009.
Amendment of the Income Support (General) Regulations 1987
2
1
The Income Support (General) Regulations 1987 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
omit the following definitions —
i
“community charge benefit” ;
ii
“the Independent Living (Extension) Fund” ;
iii
“the Independent Living Fund” ;
iv
“the Independent Living (1993) Fund” ;
v
“the Independent Living Funds” ;
b
at the appropriate places insert the following definitions —
“ Health Service Act ” means the National Health Service Act 2006 ;
“ Health Service (Wales) Act ” means the National Health Service (Wales) Act 2006 ;
;
c
in the definition of “non-dependant deduction” for “11” substitute “18”;
d
in the definition of “youth training scheme or youth training” omit “youth training scheme or”.
3
In regulation 4 (temporary absence from Great Britain), for sub-paragraph (3A)(b) substitute —
b
that period of temporary absence is for the purpose of the claimant receiving treatment at a hospital or other institution outside Great Britain where the treatment is being provided —
i
under section 6(2) of the Health Service Act (performance of functions outside England) or section 6(2) of the Health Service (Wales) Act (performance of functions outside Wales);
ii
pursuant to arrangements made under section 12(1) of the Health Service Act (Secretary of State’s arrangements with other bodies), section 10(1) of the Health Service (Wales) Act (Welsh Minister’s arrangements with other bodies), paragraph 18 of Schedule 4 to the Health Service Act (joint exercise of functions) or paragraph 18 of Schedule 3 to the Health Service (Wales) Act (joint exercise of functions); or
iii
under any equivalent provision in Scotland or pursuant to arrangements made under such provision.
.
4
In regulation 31 (date on which income is treated as paid) —
a
in paragraph (1) for “(2) or (3) applies” substitute “(2) to (4) apply”;
b
in paragraph (3) —
i
for “Working tax credit or child tax credit” substitute “Subject to paragraph (4), working tax credit”;
ii
omit sub-paragraph (c) and the preceding “or”;
c
after paragraph (3) add —
4
Where working tax credit is paid by virtue of regulation 7D (ceasing to undertake work or working less than 16 hours a week) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 , it shall be treated as paid on the first day of the benefit week in which that award of tax credit begins; but this paragraph shall only apply until the last day of the last benefit week that coincides with or precedes the last day for which tax credit is awarded under that regulation.
.
5
In regulation 32(1) (calculation of weekly amount of income) —
a
after “other than earnings)” insert “ and regulation 31(3) (date on which income is treated as paid)” and after “a payment” insert “of income or tax credit”;
b
for sub-paragraph (b)(iii) substitute —
iii
in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7;
iiia
in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52;
.
6
In —
a
regulation 42(4ZA)(a) (notional income),
b
regulation 48(10)(c) (income treated as capital),
c
regulation 51(3A)(a) (notional capital),
d
regulation 72(1)(a)(i) (assessment of income and capital in urgent cases),
e
paragraph 18(8)(b) of Schedule 3 (housing costs),
f
paragraphs 21(2) and 39(1) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings),
g
paragraph 22(1) of Schedule 10 (capital to be disregarded),
for “Funds” substitute “Fund (2006)”.
7
In regulation 42(4A) (notional income) after “partner in that home” insert “or hospital”.
8
In regulation 51A (diminishing notional capital rule) omit sub-paragraph (3)(c).
9
In regulation 61(1) (interpretation) —
a
in the definition of “contribution” for “Further and Higher Education (Scotland) Act 1992” substitute “Education (Scotland) Act 1980” ;
b
for the definition of “sandwich course” substitute —
“sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2008 , regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007 , regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007 ;
;
c
in paragraph (c) of the definition of “standard maintenance grant” omit “and paid under the Further and Higher Education (Scotland) Act 1992”.
10
In regulation 66A (treatment of student loans) —
a
in paragraph (1) omit “unless it is a hardship loan in which case it shall be disregarded”;
b
omit paragraph (1A).
11
In Schedule 3 (housing costs) —
a
in paragraph 3(11)(c)(i)(bb) (circumstances in which a person is to be treated as occupying a dwelling as his home) for “section 9 of Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007 ”;
b
in paragraphs 4(10)(b) (housing costs not met) for “children” substitute “persons” and for “who belong to the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”;
c
in paragraph 14(3) (linking rule) after “that section” insert “or under the Enterprise and New Towns (Scotland) Act 1990 ”;
d
and 16(2)(l) (loans for repairs and improvements to the dwelling occupied as the home) for “children” substitute “persons” and for “who are part of the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”;
e
in paragraph 18(7)(b) (non-dependant deductions) for “a Youth Training Scheme” substitute “youth training”.
12
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) omit paragraph 45 .
13
In paragraph 29 of Schedule 10 (capital to be disregarded) omit “, the Independent Living (1993) Fund”.
Amendment of the Social Security (Claims and Payments) Regulations 1987
3
1
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
2
In Schedule 9 (deductions from benefit and direct payment to third parties) —
a
in sub-paragraph 1(1) (interpretation) —
i
in the definition of “hostel” for sub-paragraph (b)(ii) substitute —
ii
managed or owned by a registered social landlord which is registered in accordance with Part 3 of the Housing (Scotland) Act 2001;
;
ii
in the definition of “housing authority” omit “Scottish Homes”;
b
in paragraph 9(1B)(a) (priority as between certain debts) after “paragraph 3 (housing costs)” add “, paragraph 4 (miscellaneous accommodation costs) or paragraph 4A (hostel payments)”.
Amendment of the Jobseeker’s Allowance Regulations 1996
4
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 1(3) (citation, commencement and interpretation) —
a
at the appropriate places insert the following definitions —
“Health Service Act” means the National Health Service Act 2006;
“Health Service (Wales) Act” means the National Health Service (Wales) Act 2006;
;
b
omit the following definitions —
i
“the Independent Living (Extension) Fund”;
ii
“the Independent Living Fund”;
iii
“the Independent Living (1993) Fund”;
iv
“the Independent Living Funds” ;
c
for the definition of “sandwich course” substitute —
“sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2008, regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007, regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007;
.
3
In regulation 50 (persons temporarily absent from Great Britain) for paragraphs (6AA)(b) and (6C)(b) substitute —
b
that period of temporary absence is for the purpose of the claimant receiving treatment at a hospital or other institution outside Great Britain where the treatment is being provided —
i
under section 6(2) of the Health Service Act (performance of functions outside England) or section 6(2) of the Health Service (Wales) Act (performance of functions outside Wales);
ii
pursuant to arrangements made under section 12(1) of the Health Service Act (Secretary of State’s arrangements with other bodies), section 10(1) of the Health Service (Wales) Act (Welsh Minister’s arrangements with other bodies), paragraph 18 of Schedule 4 to the Health Service Act (joint exercise of functions) or paragraph 18 of Schedule 3 to the Health Service (Wales) Act (joint exercise of functions); or
iii
under any equivalent provision in Scotland or pursuant to arrangements made under such provision.
.
4
In regulation 96 (date on which income is treated as paid) —
a
in paragraph (1) for “(2) or (3) applies” substitute “(2) to (4) apply”;
b
in paragraph (3) —
i
for “Working tax credit or child tax credit” substitute “Subject to paragraph (4), working tax credit”;
ii
omit sub-paragraph (c) and the preceding “or”;
c
after paragraph (3) add —
4
Where working tax credit is paid by virtue of regulation 7D (ceasing to undertake work or working less than 16 hours a week) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 , it shall be treated as paid on the first day of the benefit week in which that award of tax credit begins; but this paragraph shall only apply until the last day of the last benefit week that coincides with or precedes the last day for which tax credit is awarded under that regulation.
.
5
In regulation 97(1) (calculation of weekly amount of income) —
a
after “other than earnings)” insert “ and regulation 96(3) (date on which income is treated as paid)”, and after “a payment” insert “of income or tax credit”;
b
for sub-paragraph (b)(iii) substitute —
iii
in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7;
iiia
in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52;
.
6
In regulation 105 (notional income) —
a
in sub-paragraph (10A)(a) for “Funds” substitute “Fund (2006)”;
b
in paragraph (11) after “partner in that home” insert “or hospital”.
7
In —
a
regulation 110(10)(c) (income treated as capital),
b
regulation 113(3A)(a) (notional capital),
c
regulation 149(1)(a)(i) (assessment of income and capital in urgent cases),
d
paragraph 17(8)(b) of Schedule 2 (housing costs),
e
paragraphs 22(2) and 41(1) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings),
f
paragraph 27(1) and paragraph 31 of Schedule 8 (capital to be disregarded),
for “Funds” substitute “Fund (2006)”.
8
In regulation 130 (interpretation) in paragraph (c) of the definition of “standard maintenance grant” omit “and paid under the Further and Higher Education (Scotland) Act 1992”.
9
In regulation 136 (treatment of student loans) —
a
in paragraph (1) omit “unless it is a hardship loan in which case it shall be disregarded”;
b
omit paragraph (1A).
10
In Schedule 2 (housing costs) —
a
in paragraph 3(11)(c)(i)(bb) (circumstances in which a person is to be treated as occupying a dwelling as his home) for “section 9 of Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”;
b
in paragraphs 4(10)(b) (housing costs not met) for “children” substitute “persons” and for “who belong to the same family as a claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”;
c
in paragraph 13(3) (linking rule) after “that section” insert “or under the Enterprise and New Towns (Scotland) Act 1990”;
d
in paragraph 15(2)(l) (loans for repairs and improvements to the dwelling occupied as the home) for “children” substitute “persons” and for “who are part of the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”;
e
in paragraph 17(7)(b) (non-dependant deductions) for “a Youth Training Scheme” substitute “youth training”.
11
In Schedule 7 (sums to be disregarded in the calculation of income other than earnings) omit paragraph 44.
Amendment of the State Pension Credit Regulations
5
1
The State Pension Credit Regulations 2002 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation)
a
omit the following definitions —
i
“the Independent Living Fund”;
ii
“the Independent Living Funds”;
iii
“the Independent Living (Extension) Fund”;
iv
“the Independent Living (1993) Fund”;
b
at the appropriate places insert the following definitions —
“the Health Service Act” means “the National Health Service Act 2006”;
“the Health Service (Wales) Act” means “the National Health Service (Wales) Act 2006”;
.
3
In regulation 4 (persons receiving treatment outside Great Britain) for paragraph (1) substitute —
1
For the purposes of the Act, a person who is receiving treatment at a hospital or other institution outside Great Britain shall be treated as being in Great Britain if the treatment is being provided —
a
under section 6(2) of the Health Service Act (performance of functions outside England) or section 6(2) of the Health Service (Wales) Act (performance of functions outside Wales);
b
pursuant to arrangements made under section 12(1) of the Health Service Act (Secretary of State’s arrangements with other bodies), section 10(1) of the Health Service (Wales) Act (Welsh Ministers’ arrangements with other bodies), paragraph 18 of Schedule 4 to the Health Service Act (joint exercise of functions) or paragraph 18 of Schedule 3 to the Health Service (Wales) Act (joint exercise of functions);
c
under equivalent provision in Scotland or pursuant to arrangements made under such provision.
.
4
In Schedule 2 (housing costs) —
a
in paragraph 4(11)(c)(i)(bb) (circumstances in which a person is to be treated as occupying a dwelling as his home) for the words “section 9 of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”;
b
for paragraph 10(6) (excessive housing costs) substitute —
6
Where sub-paragraph (4) does not apply and the claimant or the claimant’s partner was able to meet the financial commitments for the dwelling occupied as the home when these were entered into, no restriction shall be made under this paragraph during the first 26 weeks immediately following the date on which —
a
the claimant became entitled to state pension credit where the claimant’s housing costs fell within one of the cases in sub-paragraph (1) on that date; or
b
a decision took effect which was made under section 10 (decisions superseding earlier decisions) of the Social Security Act 1998 on the ground that the claimant’s housing costs fell within one of the cases in sub-paragraph (1),
nor during the next 26 weeks if and so long as the claimant uses his best endeavours to obtain cheaper accommodation.
;
c
in paragraph 14(7)(b) (persons residing with the claimant) for the words “a Youth Training Scheme established” substitute “youth training”;
d
in paragraph 14(8)(b) for the word “Funds” substitute “Fund (2006)”.
5
In paragraph 15(1) of Schedule 5 (income from capital) for the words “Independent Living Funds” substitute “Independent Living Fund (2006)”.
Amendment of the Housing Benefit Regulations 2006
6
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation), omit the following definitions —
a
“community charge benefit”;
b
“the Independent Living Fund”;
c
“the Independent Living Funds” ;
d
“the Independent Living (Extension) Fund”;
e
“the Independent Living (1993) Fund”.
3
In regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) —
a
in paragraph (5), for “section 9(1) of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”;
b
in paragraph (16)(c)(i)(bb), for “section 9 of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”.
4
In —
a
regulation 42(7)(a) (notional income),
b
regulation 46(6) (income treated as capital),
c
regulation 49(4)(a) (notional capital),
d
regulation 74(9)(b) (non-dependent deductions),
e
regulation 86(4)(b) and (c) (evidence and information),
f
paragraph 35(1) of Schedule 5 (sums to be disregarded in the calculation of income other than earnings),
g
paragraph 24(1) of Schedule 6 (capital to be disregarded) where it first occurs,
for “Funds” substitute “Fund (2006)”.
5
In regulation 53(1) (interpretation) —
a
in the definition of “contribution” for “Further and Higher Education (Scotland) Act 1992” substitute “Education (Scotland) Act 1980”;
b
in the definition of “standard maintenance grant” omit “and paid under the Further and Higher Education (Scotland) Act 1992”.
6
In regulation 74(7)(b) (non-dependant deductions) for “a Youth Training Scheme” substitute “youth training”.
7
In paragraph 9 of Schedule 2 (excluded tenancies) for “section 9(1) of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”.
8
In paragraph 15(2)(b) of Schedule 3 (applicable amounts) for “regulation 24(2)” substitute “regulation 28(11)(e)”.
9
In Schedule 5 (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 28, for “23C or 24” substitute “23B, 23C or 24A”;
b
omit paragraph 40.
10
In Schedule 6 (capital to be disregarded) —
a
in paragraph 19, after “section 17,” insert “ 23B, ” and for “28” substitute “29”;
b
in paragraph 34 omit “, the Independent Living (1993) Fund”;
c
omit paragraph 36.
11
In paragraphs (4)(d), (6) and (7) of this regulation the references to regulation 74 and Schedule 2 mean regulation 74 of and Schedule 2 to the Housing Benefit Regulations 2006 —
a
as substituted by regulations 14 and 18 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 ; and
b
as in force for cases to which regulation 14 and 18 of those Regulations do not have effect (non-local housing allowance cases).
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
7
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation), omit the definition of —
a
“the Independent Living Fund”;
b
“the Independent Living Funds” .
c
“the Independent Living (Extension) Fund”;
d
“the Independent Living (1993) Fund”;
3
In regulation 7 (circumstances in which a person is or is not to be treated as occupying the dwelling as his home) —
a
in paragraph (5) for “section 9(1) of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”;
b
in paragraph (16)(c)(i)(bb) for “section 9 of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”.
4
In regulation 55 (non-dependant deductions) —
a
in sub-paragraph (7)(b) for “a Youth Training Scheme” substitute “youth training”;
b
in sub-paragraph (10)(b) for “Funds” substitute “Fund (2006)”.
5
In —
a
regulation 67(4)(b) and (c) (evidence and information),
b
paragraph 16(1)(b) of Schedule 6 (capital to be disregarded),
for “Funds” substitute “Fund (2006)”.
6
In paragraph 9 of Schedule 2 (excluded tenancies) for “section 9(1) of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”.
7
In paragraph 14(a)(ii) of Schedule 8 (matters to be included in decision notice) for “income support or an income-based jobseeker’s allowance” substitute “state pension credit”.
8
In paragraphs (4) and (6) of this regulation the references to regulation 55 and Schedule 2 mean regulation 55 of and Schedule 2 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 —
a
as substituted by regulations 14 and 18 of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007; and
b
as in force for cases to which regulation 14 and 18 of those Regulations do not have effect (non-local housing allowance cases).
Amendment of the Council Tax Benefit Regulations 2006
8
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1), omit the following definitions —
a
“community charge benefit”;
b
“the Independent Living Fund”;
c
“the Independent Living Funds” ;
d
“the Independent Living (Extension) Fund”;
e
“the Independent Living (1993) Fund”.
3
In regulation 8(4)(a)(ii) (prescribed persons for the purposes of 131(3)(b) of the Act) for “section 9 of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”.
4
In —
a
regulation 32(7)(a) (notional income),
b
regulation 36(6) (income treated as capital),
c
regulation 39(4)(a) (notional capital),
d
regulation 58(9)(b) (non-dependant deductions),
e
regulation 72(4)(b) and (c) (evidence and information),
f
paragraph 2(b) of Schedule 2 (amount of alternative maximum council tax benefit),
g
paragraph 36(1) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings),
h
paragraph 24(1) of Schedule 5 (capital to be disregarded) where it first occurs,
for “Funds” substitute “Fund (2006)”.
5
In regulation 43(1) (interpretation) —
a
in the definition of “contribution” for “Further and Higher Education (Scotland) Act 1992” substitute “Education (Scotland) Act 1980”;
b
in paragraph (c) of the definition of “standard maintenance grant” omit “and paid under the Further and Higher Education (Scotland) Act 1992”.
6
In regulation 58(7)(b) (non-dependant deductions) for “a Youth Training Scheme” substitute “youth training”.
7
In regulation 74(5) (duty to notify changes of circumstances) after “in receipt of” insert “state pension credit,”.
8
In paragraph 13(1)(a)(ii) of Schedule 1 (applicable amounts) omit “community charge benefit or, as the case may be,”.
9
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 29, before “23C” insert “23B,”;
b
omit paragraph 42.
10
In Schedule 5 (capital to be disregarded) —
a
in paragraph 19 after “section 17,” insert “ 23B, ” and for “28” substitute “29”;
b
in paragraph 34 omit “, the Independent Living (1993) Fund”;
c
omit paragraph 36.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
9
1
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation), omit the following definitions —
a
“the Independent Living Fund”;
b
“the Independent Living Funds” ;
c
“the Independent Living (Extension) Fund”;
d
“the Independent Living (1993) Fund”.
3
In regulation 8(4)(a)(ii) (prescribed persons for the purposes of 131(3)(b) of the Act) for “section 9 of the Criminal Justice and Court Services Act 2000” substitute “section 13 of the Offender Management Act 2007”.
4
In regulation 42 (non-dependant deductions) —
a
in paragraph (7)(b) for “a Youth Training Scheme” substitute “youth training”;
b
in paragraph (9)(b) for “Funds” substitute “Fund (2006)”.
5
In —
a
regulation 57(4)(b) and (c) (evidence and information),
b
paragraph 16(1)(b) of Schedule 4 (capital disregards),
c
paragraph 2(b) of Schedule 6 (amount of alternative maximum council tax),
for “Funds” substitute “Fund (2006)”.
6
In regulation 59(5) (duty to notify changes of circumstances), after “in receipt of” insert “state pension credit,”.
Signed by authority of the Secretary of State for Work and Pensions,
Tony McNulty
Minister of State,
Department for Work and Pensions.
17th October 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2008 and shall come into force on 1 st October 2008.
2
In these Regulations, “the principal Regulations ” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 .
Amendments to regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations —
a
for the definition of “the approved classification and labelling guide” substitute —
“the approved classification and labelling guide” means the guide entitled “Approved Guide to the Classification and Labelling of Dangerous Substances and Dangerous Preparations (Fifth Edition)” approved by the Health and Safety Commission on 16 th April 2002 ,as revised or re-issued from time to time,
; and
b
for the definition of “the approved supply list” substitute —
“the approved supply list” means the document entitled “Information approved for the Classification and Labelling of Dangerous Substances and Dangerous Preparations (Eighth Edition)” approved by the Health and Safety Commission on 26 July 2005 , as revised or re-issued from time to time,
.
Amendments to regulations 8A and 9 of the principal Regulations
3
1
In regulation 8A(4) of the principal Regulations after the words “this regulation” add the words “and regulation 9(2)”.
2
In regulation 9(2) of the principal Regulations —
a
For the words “regulations 8 and 8A” substitute the words “paragraph (2A)”; and
b
After paragraph (2) add —
2A
Where a package would be required to be labelled and marked in accordance with any of the national or international transport rules listed in regulation 8A(4) and the package consists of one or more receptacles in outer packagings, it shall be sufficient compliance with paragraph (2) if the package shows the labels and markings required by whichever of the national or international rules is appropriate.
.
Amendments to Schedule 3 of the principal Regulations
4
Schedule 3 to the principal Regulations shall be amended in accordance with the following paragraphs —
a
in Part I omit paragraph 19(2);
b
in Part II Tables II and IIA omit in both footnotes marked with a dagger the words “carcinogenic or”;
c
for Part II Table VI substitute the Table VI contained in Schedule 1 to these Regulations;
d
for Part II Table VIA substitute the Table VIA contained in Schedule 1 to these Regulations;
e
for Part III Tables 1 and 2 substitute Tables 1a, 1b and 2 contained in Schedule 2 to these Regulations; and
f
for Part III Table 5 substitute the Table contained in Schedule 3 to these Regulations.
Amendments to Schedule 5 of the principal Regulations
5
For Schedule 5 Part II of the principal Regulations substitute the Part II contained in Schedule 4 to these Regulations.
Amendments to the Chemicals (Hazard Information and Packaging for Supply)(Amendment) Regulations 2005
6
In the Chemicals (Hazard Information and Packaging for Supply)(Amendment) Regulations 2005 omit regulation 2(2)(b), (4), (5) and (6).
Amendments to the Control of Major Accident Hazards Regulations 1999
7
For regulation 20(6) of the Control of Major Accident Hazards Regulations 1999 substitute the following paragraph —
6
Notwithstanding the Health and Safety (Enforcing Authority) Regulations 1998, the Executive shall, for the purposes of the 1974 Act, be the enforcing authority for the relevant statutory provisions at an establishment to which any of these Regulations apply, unless a transfer of responsibility is made under paragraph (7) below.
7
The responsibility, for the purposes of the 1974 Act, for enforcing any of the relevant statutory provisions at any establishment to which any of these Regulations apply may be transferred from the Executive to the local authority, insofar as the main activity carried on at that establishment is the sale of goods, or the storage of goods for retail or wholesale distribution, except —
a
at container depots where the main activity is the storage of goods in the course of transit to or from dock premises, an airport or a railway;
b
where the main activity is the sale or storage for wholesale distribution of any substance or preparation dangerous for supply, or
c
where the main activity is the sale or storage of water or sewage or their by-products or natural or town gas.
8
A transfer may be made only by agreement between the Executive and the local authority.
9
Where a transfer has been made, the local authority shall cause notice of the transfer to be given to persons affected by it.
.
Signed by the authority of the Secretary of State for Work and Pensions
William D.McKenzie
Parliamentary Under-Secretary of State
Department for Work and Pensions
1st September 2008


text:
1
This Order may be cited as the A65 Trunk Road (From M6 Junction 36 to the Roundabout Junction with the A59) (Detrunking) Order 2008 and shall come into force on 31st January 2009 and 1st April 2009.
2
In this Order —
i
“the plan” means the plan, numbered HA 10/ TD /026 and marked “A65 Trunk Road (From M6 Junction 36 to the Roundabout Junction with the A59) (Detrunking) Order 2008” signed by the Secretary of State for Transport, and deposited at DFT Records Management Branch, Ashdown House, St. Leonards-on-Sea, Hastings, East Sussex TN37 7GA;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A65 Trunk Road (A65).
3
The lengths of trunk road described in the Schedule to this Order shall cease to be trunk road and shall be classified as principal road from the dates on which this Order comes into force.
Signed by authority of theSecretary of State for Transport
D. Grunwell
Divisional Director Highways Agency
8th December 2008


text:
Citation and extent
1
1
This Order may be cited as the Mental Health Act 2007 (Commencement No. 9) Order 2008.
2
This Order extends to England and Wales.
Commencement of provisions
2
The following provisions of the Mental Health Act 2007 shall come into force on 28th October 2008 —
a
section 39 (cross-border arrangements) insofar as it gives effect to Schedule 5 and is not already in force;
b
section 55 (repeals and revocations) insofar as it gives effect to Part 7 of Schedule 11.
Signed by authority of the Secretary of State for Health.
Phil Hope
Minister of State,
Department of Health
22nd October 2008


text:
Citation and commencement
1
These Rules may be cited as the Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2008 and shall come into force on 8th December 2008.
Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991
2
The Family Proceedings Courts (Children Act 1989) Rules 1991 shall be amended in accordance with the provisions of rules 3 to 13.
3
In the Arrangement of Rules, in the entry for rule 11AA, omit “family assistance order”.
4
In rule 1(2) after the definition of “children’s guardian”, insert —
“contact activity condition” has the meaning assigned to it by section 11C(2);
“contact activity direction” has the meaning assigned to it by section 11A(3);
“contact order” has the meaning assigned to it by section 8(1);
.
5
In rule 4(1A)(a) —
a
in sub-paragraph (i), after “C1,”, insert “C100,”;
b
in sub-paragraph (iii), after “C1”, insert “or (as the case may be) question 5 on Form C100”.
6
In rule 5 —
a
in paragraph (3) —
i
for “or” the first time it appears, substitute “,”;
ii
for “or” the second time it appears, substitute “, the”;
iii
after “children and family reporter” insert “or the officer of the service or the Welsh family proceedings officer who is acting or has acted under a duty referred to in rule 11AA(1)(a) to (e)”; and
b
in paragraph (4)(a) and (b) for “preparing or has prepared a family assistance order report or a risk assessment” substitute “acting or has acted under a duty referred to in rule 11AA(1)(a) to (e)”.
7
In rule 11(1) —
a
omit “section 16(6), section 16A”; and
b
after “section 41(2)” insert “or in acting under a duty referred to in rule 11AA(1)”.
8
In rule 11AA —
a
in the heading, omit “family assistance order”;
b
for paragraph (1), substitute —
1
This rule applies where an officer of the service or a Welsh family proceedings officer is acting under a duty in accordance with —
a
section 11E(7) (providing the court with information as to the making of a contact activity direction or a contact activity condition);
b
section 11G(2) (monitoring compliance with a contact activity direction or a contact activity condition);
c
section 11H(2) (monitoring compliance with a contact order);
d
section 16(6) (providing a family assistance order report to the court); and
e
section 16A (making a risk assessment).
;
c
in paragraph (2) —
i
for “preparing a family assistance order report or a risk assessment” substitute “ acting under a duty referred to in paragraph (1)(a) to (e)”;
ii
in sub-paragraph (a), for “the report or assessment” substitute “any report or risk assessment he makes”; and
iii
in sub-paragraph (b), for “the report or assessment” the first time it appears, substitute “any report or risk assessment he makes”;
d
in paragraphs (3) and (6), for “the report or assessment” substitute “any report or risk assessment he makes”;
e
in paragraph (8), for “a family assistance order report” substitute “a report as a result of acting under a duty referred to in paragraph (1)(a) to (d)”; and
f
in paragraph (9), for “a family assistance order report or risk assessment” substitute “a report or assessment prepared as a result of acting under a duty referred to in paragraph (1)(a) to (e)”.
9
In rule 14 —
a
in paragraph (1)(b) —
i
for “a family assistance order report” substitute “a duty referred to in rule 11AA(1)(a) to (d)”; and
ii
for “preparing the report” substitute “acting under the duty in question”;
b
in paragraph (2), after sub-paragraph (m) insert —
n
the exercise by an officer of the service or a Welsh family proceedings officer of any duty referred to in rule 11AA(1)(a) to (c).
; and
c
in paragraph (11A), for “a family assistance order report or a risk assessment” substitute “a report or assessment prepared as a result of acting under a duty referred to in rule 11AA(1)(a) to (e)”.
10
In rule 15(5)(c)(ii), for “preparing or has prepared a family assistance order report or a risk assessment” substitute “acting or has acted under a duty referred to in rule 11AA(1)(a) to (e)”.
11
In rule 16, after paragraph (1) insert —
1A
Paragraphs (2) to (4) do not apply where —
a
the hearing relates to a decision about whether to make a contact activity direction or to attach a contact activity condition to a contact order; and
b
the court has yet to obtain sufficient evidence from, or in relation to, the person who may be the subject of the direction or condition to enable it to determine the matter.
.
12
In rule 17(1), for “preparing or has prepared a family assistance order report or a risk assessment” substitute “ acting or has acted under a duty referred to in rule 11AA(1)(a) to (e)”.
13
In Schedule 1 —
a
in the list of forms —
i
in the entry for Form C1, in the third column, for “for an order”, substitute “Children Act 1989 except section 8 orders and orders related to enforcement of a contact order”; and
ii
after the entry for Form C1, in the first column insert “C100”, in the second column “Application”, and in the third column “under the Children Act 1989 for a residence, contact or other section 8 order”;
b
for Forms C1 and C7, substitute the forms set out in Schedule 1;
c
after Form C1, insert Form C100 set out in Schedule 2.
d
in Form C42 (family assistance order), in paragraph (b) of the section that begins “Where” omit “who has been”; and
e
in Form C43 (order) —
i
immediately after the section headed “The Court orders” insert —
Where —
a
there are no proceedings pending under Part 2 Children Act 1989;
b
an officer of the service or Welsh family proceedings officer who remains involved with the case is given cause to suspect, whilst this order is in force, that the child concerned is at risk of harm; and
c
as a result that officer makes a risk assessment under section 16A of that Act,
the officer may apply to the court for it to revive the previous proceedings and to consider that risk assessment and give such directions as the court thinks necessary.
; and
ii
in the section headed “Warning” after “without the leave of the Court”, insert —
Where a contact order is in force: if you do not comply with this contact order–
a
you may be committed to prison or fined; and/or
b
the Court may make an order requiring you to undertake unpaid work (“an enforcement order”) and/or an order that you pay financial compensation.
.
Transitional provision
14
Where proceedings have been commenced before rule 5 comes into force, the Family Proceedings Courts (Children Act 1989) Rules 1991 shall apply to those proceedings as if rules 5 and 13(a), (b) and (c) had not been made.
Lord Judge, C.J.
I concur
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
3rd November 2008


text:
Citation and commencement
1
This Order may be cited as the Gambling (Geographical Distribution of Large and Small Casino Premises Licences) Order 2008 and shall come into force on the day after the day on which it is made.
Licensing authorities who may issue large casino premises licences
2
1
The following licensing authorities may issue large casino premises licences —
a
Great Yarmouth Borough Council,
b
Kingston upon Hull City Council,
c
Leeds City Council,
d
Middlesbrough Borough Council,
e
Milton Keynes Borough Council,
f
Newham London Borough Council,
g
Solihull Metropolitan Borough Council, and
h
Southampton City Council.
2
No more than one such licence issued by each licensing authority may have effect at any time.
Licensing authorities who may issue small casino premises licences
3
1
The following licensing authorities may issue small casino premises licences —
a
Bath and North East Somerset District Council,
b
East Lindsey District Council,
c
Luton Borough Council,
d
Scarborough Borough Council,
e
Swansea City and County Council,
f
Torbay Borough Council,
g
Wigtown Divisional Licensing Board in the area of Dumfries and Galloway Council, and
h
Wolverhampton City Council.
2
No more than one such licence issued by each licensing authority may have effect at any time.
Andy Burnham
Secretary of State
Department for Culture, Media and Sport
19th May 2008


text:
Citation and commencement
1
This Order may be cited as the Immigration and Nationality (Fees) (Amendment) Order 2008 and shall come into force on the day after the day on which it is made.
Amendment
2
The Immigration and Nationality (Fees) Order 2007 shall be amended as follows.
3
In article 2 –
a
after “the 1997 Act” insert –
“the 1999 Act ” means the Immigration and Asylum Act 1999 ;
b
after “the 2006 Act ” insert –
“A rated sponsor” means a sponsor to whom the Secretary of State has given an A rating;
“action plan” means an action plan issued to a B rated sponsor and with which a B rated sponsor must comply in order to become an A rated sponsor;
“B rated sponsor” means a sponsor to whom the Secretary of State has given a B rating;
“certificate of sponsorship” means an authorisation issued by the Secretary of State to a sponsor in respect of one or more applications, or potential applications, for leave to enter or remain in accordance with the immigration rules;
;
c
after “the immigration rules” omit “and”;
d
after “the former nationality Acts” insert –
“sponsor” means a person who is granted a sponsorship licence; and
“sponsorship licence” means a licence granted by the Secretary of State to a person who, by virtue of such grant, is licensed as a sponsor.
4
After article 3(2)(a) insert –
aa
entry clearance to the United Kingdom within the meaning of section 33 of the 1971 Act;
.
5
After article 3(2)(l) insert –
la
a transit visa within the meaning of section 41(2) of the 1999 Act;
lb
a certificate that a person has the right of abode in the United Kingdom, issued pursuant to section 10 of the Nationality, Immigration and Asylum Act 2002 ;
.
6
After article 3(2)(m) omit “and”.
7
After article 3(2)(n) insert –
o
a document recording biometric information within the meaning of section 5 of the UK Borders Act 2007 ; and
p
a sponsorship licence, or for the renewal of such licence.
.
8
After article 4 insert —
Requirement to pay a fee in respect of a process in connection with immigration
5
1
In respect of a process in connection with immigration to which this article applies, the fee for the time being specified in regulations made under section 51(3) of the 2006 Act as payable in connection with that process is to be charged by the Secretary of State.
2
This article applies to the following processes –
a
the issuing of a certificate of sponsorship; and
b
the issuing of an action plan .
.
Liam Byrne
Minister of State
Home Office
28th January 2008
We consent
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
28th January 2008


text:
Citation and commencement
1
These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations 2008 and shall come into force on 6th April 2008.
Amendment of the Child Support (Information, Evidence and Disclosure) Regulations 1992
2
1
The Child Support (Information, Evidence and Disclosure) Regulations 1992 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation), after the definition of “appropriate authority”, insert the following definition:
“deposit-taker” means a person who, in the course of a business, may lawfully accept deposits in the United Kingdom;
.
3
In regulation 2(2) (persons under a duty to furnish information or evidence) —
a
in sub-paragraph (h)(i), for “(e)” substitute “(d), (e) and (o)”;
b
at the end of sub-paragraph (h)(ii) omit “and”;
c
in sub-paragraph (i), for “and (n)” substitute “, (n) and (o)”;
d
after sub-paragraph (i) insert —
j
a deposit-taker with respect to the matters listed in sub-paragraphs (d), (e), (f) and (o) of regulation 3(1).
.
4
In regulation 3(1) (purposes for which information or evidence may be required) after sub-paragraph (n) insert —
o
the collection and enforcement of child support maintenance payable and amounts payable under a relevant court order.
.
Amendment of the Child Support (Collection and Enforcement) Regulations 1992
3
1
The Child Support (Collection and Enforcement) Regulations 1992 are amended as follows.
2
For regulation 15 (information to be provided by liable person), substitute —
15
1
A liable person in respect of whom a deduction from earnings order is in force must notify the Secretary of State in writing within 7 days of each occasion on which he leaves employment or becomes employed, or re-employed.
2
If a liable person becomes employed or re-employed, such notification must include the following details —
a
the name and address of his employer;
b
the amount of his earnings and expected earnings; and
c
his place of work, nature of his work and any works or pay number.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under Secretary of State,
Department for Work and Pensions
27th February 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 and comes into force on 7th April 2008.
2
In this Order —
“the 1999 Act ” means the Protection of Children Act 1999 ;
“the 2000 Act ” means the Criminal Justice and Court Services Act 2000 ;
“the 2002 Act ” means the Education Act 2002 ;
“ the Act ” means the Safeguarding Vulnerable Groups Act 2006;
“the CSA ” means the Care Standards Act 2000 ;
“disqualification order” means an order under section 28, 29 or 29A of the 2000 Act ;
“Tribunal” means the Tribunal established under section 9 of the 1999 Act.
Inclusion in the children’s barred list: persons disqualified from working with children
2
1
This article applies to a person, other than a person to whom article 3(1) applies, (“X”) —
a
who is —
i
included (otherwise than provisionally) in the list kept under section 1 of the 1999 Act (individuals considered unsuitable to work with children) ;
ii
subject to a disqualification order; or
iii
subject to a direction under section 142(1) of the 2002 Act (prohibition from teaching etc. ), given on the grounds that X is unsuitable to work with children (including any prohibition, restriction or disqualification which has effect as if it were contained in such a direction on those grounds );
b
who has no appeal or review outstanding under the 1999 Act or the 2000 Act , or representations, appeal or review outstanding under the 2002 Act , or in whose case the time limit for making representations or appealing under those Acts has expired; and
c
who is referred by the Secretary of State to IBB .
2
IBB must —
a
include X in the children’s barred list , and
b
subject to paragraphs (5) and (7), give X the opportunity to make representations as to why X should be removed from the children’s barred list.
3
Regulation 2 (representations) of the Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 2008 applies in relation to representations made under paragraph (2)(b) as it applies in relation to representations made under Schedule 3 to the Act.
4
IBB must consider any representations made by X and if it appears to IBB in light of those representations that it is not appropriate for X to be included in the children’s barred list, it must remove X from that list.
5
Part 3 of Schedule 3 to the Act in its application to the functions of IBB under this article has effect subject to the following modifications —
a
in paragraph 16(1) —
i
for “any provision of this Schedule” substitute “article 2 of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008”; and
ii
for “this Schedule” substitute “that article”;
b
after paragraph 16(1), insert —
1A
A person to whom article 2(2)(b) of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 applies may make representations as to why he should be removed from the children’s barred list in accordance with that provision only in relation to his engaging in regulated activity relating to children which does not constitute work in a regulated position within the meaning of section 36 of the Criminal Justice and Court Services Act 2000.
;
c
in paragraph 16(2), for “Schedule” substitute “article 2 of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008”;
d
in paragraph 18(4), for the words “he was included” to “(as the case may be)” substitute “the date of the most recent disqualification decision made in respect of him”;
e
after paragraph 18(4), insert —
4A
In sub-paragraph (4), “disqualification decision” means —
a
a decision of the Secretary of State —
i
to include the person (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999, or
ii
not to remove him from that list;
b
a decision of the Tribunal not to direct the person’s removal from the list referred to in sub-paragraph (4A)(a);
c
a decision of the court to make a disqualification order (within the meaning given by paragraph 24(6)(b)) in respect of the person;
d
a decision of the Tribunal, that the person should continue to remain subject to that disqualification order;
e
a decision of the Secretary of State —
i
to make the person subject to a direction under section 142(1) of the Education Act 2002, given on the grounds that the person is unsuitable to work with children (including any prohibition, restriction or disqualification which has effect as if it were contained in such a direction on those grounds), or
ii
not to revoke that direction;
f
a decision of the Tribunal not to order the Secretary of State to revoke the direction referred to in sub-paragraph (4A)(e).
; and
f
in paragraph 19(1)(a) and (d), for “any of paragraphs 1 to 5 or 7 to 11”, substitute “article 2(1) of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008”.
6
X may appeal to the Tribunal against a decision under this article not to remove him from the children’s barred list and section 4 of the Act applies in relation to an appeal under this paragraph as it applies in relation to an appeal under subsection (1) of that section.
7
Paragraph (2)(b) does not apply to a person if any of the criteria prescribed for the purposes of paragraph 1 of Schedule 3 to the Act as it has effect for the purposes of this paragraph is satisfied in relation to that person.
Inclusion in the children’s barred list: other persons prohibited from teaching etc.
3
1
This article applies to a person (“Y”) —
a
who —
i
is included in the list kept under section 1 of the 1999 Act on transfer from the Consultancy Service Index under section 3 of that Act and is not subject to a disqualification order or a direction under section 142(1) of the 2002 Act given on grounds that Y is unsuitable to work with children; or
ii
is subject to a direction under section 142(1) of the 2002 Act (including any prohibition, restriction or disqualification which has effect as if it were contained in such a direction), given only —
aa
on grounds relating to Y’s misconduct;
bb
on grounds relating to Y’s health;
cc
on grounds relating to Y’s professional incompetence;
b
who has no appeal or review outstanding under the 1999 Act or the 2002 Act or in whose case the time limit for appealing under those Acts has expired; and
c
who is referred by the Secretary of State to IBB.
2
IBB must consider including Y in the children’s barred list in accordance with paragraphs 3 to 5 of Schedule 3 to the Act.
Inclusion in the adults’ barred list: persons considered unsuitable to work with vulnerable adults
4
1
This article applies to a person (“X”) —
a
who is included (otherwise than provisionally) in the list kept under section 81 of the CSA (individuals considered unsuitable to work with vulnerable adults);
b
who has no appeal or review outstanding under the CSA or in whose case the time limit for appealing under that Act has expired; and
c
who is referred by the Secretary of State to IBB.
2
IBB must —
a
include X in the adults’ barred list , and
b
subject to paragraphs (5) and (7), give X the opportunity to make representations as to why he should be removed from the adults’ barred list.
3
Regulation 2 (representations) of the Safeguarding Vulnerable Groups (Barring Procedure) Regulations 2008 applies in relation to representations made under paragraph (2)(b) as it applies in relation to representations made under Schedule 3 to the Act.
4
IBB must consider any representations made by X and if it appears to IBB in light of those representations that it is not appropriate for X to be included in the adults’ barred list, it must remove X from that list.
5
Part 3 of Schedule 3 to the Act in its application to the functions of IBB under this article has effect subject to the following modifications —
a
in paragraph 16(1) —
i
for “any provision of this Schedule” substitute “article 4 of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008”; and
ii
for “this Schedule” substitute “that article”;
b
after paragraph 16(1), insert —
1A
A person to whom article 4(2)(b) of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 applies may make representations as to why he should be removed from the adults’ barred list in accordance with that provision only in relation to his engaging in regulated activity relating to vulnerable adults which does not constitute work in a care position within the meaning of section 80(2)(a) and (c) of the Care Standards Act 2000.
;
c
in paragraph 16(2), for “Schedule” substitute “article 4 of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008”;
d
in paragraph 18(4), for the words “he was included” to “(as the case may be)” substitute “the date of the most recent disqualification decision made in respect of him”;
e
after paragraph 18(4), insert —
4A
In sub-paragraph (4), “disqualification decision” means —
a
a decision of the Secretary of State —
i
to include the person in the list kept under section 81 of the Care Standards Act 2000, or
ii
not to remove him from that list; or
b
a decision of the Tribunal not to direct the person’s removal from the list referred to in sub-paragraph (4A)(a).
; and
f
in paragraphs 19(1)(a) and (d), for “any of paragraphs 1 to 5 or 7 to 11”, substitute “article 4(1) of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008”.
6
X may appeal to the Tribunal against a decision under this article not to remove him from the adults’ barred list and section 4 of the Act applies in relation to an appeal under this paragraph as it applies to an appeal under subsection (1) of that section.
7
Paragraph (2)(b) does not apply to a person if any of the criteria prescribed for the purposes of paragraph 7 of Schedule 3 to the Act as it has effect for the purposes of this paragraph is satisfied in relation to that person.
Kevin Brennan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
28th February 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Children and Adoption Act 2006 (Commencement No. 2) Order 2008.
2
In this Order, “ the Act ” means the Adoption and Children Act 2006.
Appointed days
2
1
7th July 2008 is the appointed day for the coming into force of the following provisions of the Act —
a
section 9(4) (declaration of special restrictions on adoptions from abroad), and
b
section 16 (regulations and orders).
2
1st August 2008 is the appointed day for the coming into force of the following provisions of the Act —
a
in so far as it is not brought into force by paragraph (1), section 9 (declaration of special restrictions on adoptions from abroad),
b
section 10 (review), and
c
in so far as they are not already in force, section 11 (the special restrictions) and section 12 (imposition of extra conditions in certain cases).
Kevin Brennan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
6th July 2008


text:
In accordance with section 6(6)(e) of that Act, a draft of this instrument was laid before and approved by a resolution of each House of Parliament.
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration (Biometric Registration) Regulations 2008 and shall come into force on the day after the day on which they are made.
2
In these Regulations —
“dependant” means a spouse or civil partner, or a child under the age of 18;
“immigration rules” means rules made under section 3(2) of the Immigration Act 1971 .
Requirement to apply for a biometric immigration document
3
1
A person subject to immigration control must apply for the issue of a biometric immigration document where he satisfies —
a
one of the conditions in paragraph (2); and
b
the condition in paragraph (3).
2
The conditions are that the person makes an application for limited leave to remain —
a
under one of the categories of the immigration rules specified in regulation 4; or
b
as a dependant of a person who is applying at the same time for limited leave to remain under one of those categories.
3
The condition is that the person makes the application for limited leave to remain on the form specified for that purpose in accordance with the immigration rules.
Specified categories
4
The specified categories under the immigration rules are —
a
as a student;
b
as a student nurse;
c
to re-sit an examination;
d
to write up a thesis;
e
as a prospective student;
f
as a sabbatical officer;
g
as the spouse or civil partner of a person present and settled in the United Kingdom; or
h
as the unmarried or same-sex partner of a person present and settled in the United Kingdom.
Power for an authorised person to require a person to provide biometric information
5
1
Subject to regulation 7, where a person makes an application for the issue of a biometric immigration document in accordance with regulation 3, an authorised person may require him to provide a record of his fingerprints and a photograph of his face.
2
Where an authorised person requires a person to provide biometric information in accordance with paragraph (1), the person must provide it.
Power for the Secretary of State to use and retain existing biometric information
6
1
This regulation applies where —
a
a person makes an application for the issue of a biometric immigration document in accordance with regulation 3; and
b
the Secretary of State already has a record of the person’s fingerprints or a photograph of the person’s face in his possession (for whatever reason).
2
Where this regulation applies the Secretary of State may use or retain that information for the purposes of these Regulations.
Provision in relation to persons under the age of sixteen
7
1
A person under the age of sixteen (“the child”) must not be required to provide a record of his fingerprints or a photograph of his face in accordance with regulation 5 except where the authorised person is satisfied that the fingerprints or the photograph will be taken in the presence of a person aged eighteen or over who is —
a
the child’s parent or guardian; or
b
a person who for the time being takes responsibility for the child.
2
The person mentioned in paragraph (1)(b) may not be —
a
an officer of the Secretary of State who is not an authorised person;
b
an authorised person; or
c
any other person acting on behalf of an authorised person under regulation 8(2)(d).
3
This regulation does not apply if the authorised person reasonably believes that the person who is to be fingerprinted or photographed is aged sixteen or over.
Process by which a person’s fingerprints and photograph may be obtained and recorded
8
1
An authorised person who requires a person to provide a record of his fingerprints or a photograph of his face under regulation 5 may require the person to submit to any process, or any combination of processes, specified in paragraph (2).
2
An authorised person may —
a
require a person to make an appointment before a specified date, which the person must attend, to enable a record of his fingerprints or a photograph of his face to be taken;
b
specify the date, time and place for the appointment;
c
specify any documents which the person must bring to the appointment, or action which the person must take, to confirm his appointment and identity; and
d
require a person to attend premises where a record of his fingerprints or a photograph of his face is taken by a person on behalf of an authorised person.
3
An authorised person may require a record of fingerprints or photograph to be of a particular specification.
4
Where an authorised person requires a person to submit to any process, or any combination of processes, in accordance with paragraph (1), the person must submit to it.
Use and retention of biometric information
9
Subject to regulations 10 and 11, the Secretary of State may use a record of a person’s fingerprints or a photograph of a person’s face provided in accordance with these Regulations —
a
in connection with the exercise of a function by virtue of the Immigration Acts;
b
in connection with the control of the United Kingdom’s borders;
c
in connection with the exercise of a function related to nationality;
d
in connection with the prevention, investigation, or prosecution of an offence;
e
for a purpose which appears to the Secretary of State to be required in order to protect national security;
f
in connection with identifying victims of an event or situation which has caused loss of human life or human illness or injury;
g
for the purpose of ascertaining whether any person has failed to comply with the law or has gained, or sought to gain, a benefit or service, or has asserted an entitlement, to which he is not by law entitled.
10
Subject to regulation 11, any record of a person’s fingerprints or his photograph, or any copy of them, held by the Secretary of State pursuant to these Regulations must be destroyed if the Secretary of State thinks it is no longer likely to be of use in accordance with regulation 9.
11
If a person proves that he is —
a
a British citizen; or
b
a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971 (statement of right of abode in the United Kingdom) ,
any record of the person’s fingerprints or his photograph, or any copy of them, held by the Secretary of State pursuant to these Regulations must be destroyed as soon as reasonably practicable.
12
1
The Secretary of State must take all reasonably practicable steps to secure —
a
that data held in an electronic form which relate to any record of fingerprints or photograph which has to be destroyed in accordance with regulation 10 or 11 are destroyed or erased; or
b
that access to such data is blocked.
2
The person to whom the data relate is entitled, on written request, to a certificate issued by the Secretary of State to the effect that he has taken the steps required by paragraph (1).
3
A certificate issued under paragraph (2) must be issued within three months of the date on which the request was received by the Secretary of State.
Issue of a biometric immigration document
13
1
The Secretary of State may issue a biometric immigration document to a person who has applied in accordance with regulation 3, provided the Secretary of State has decided to grant limited leave to remain to the person.
2
A biometric immigration document begins to have effect on the date of issue.
3
A biometric immigration document ceases to have effect on one of the dates specified in paragraph (4), whichever date occurs earliest.
4
The specified dates are —
a
the date that the person’s leave to remain ceases to have effect, including where the leave to remain is varied, cancelled or invalidated, or is to lapse;
b
in the case of a biometric immigration document which was issued to a person aged eighteen or over, the date after the expiry of ten years beginning with the date of issue; or
c
in the case of a biometric immigration document which was issued to a person aged under eighteen, the date after the expiry of five years beginning with the date of issue.
Requirement to surrender documents connected with immigration and nationality
14
1
On issuing the biometric immigration document, the Secretary of State may require the surrender of other documents connected with immigration or nationality.
2
Where the Secretary of State requires the surrender of other documents, the person must comply with the requirement.
Content of a biometric immigration document
15
1
A biometric immigration document may contain some or all of the following information on the face of the document —
a
the title of the document;
b
the document number;
c
the name of the holder;
d
the holder’s date of birth;
e
the holder’s place of birth;
f
the holder’s nationality;
g
the sex of the holder;
h
the period of leave to remain which the person is granted;
i
the class of leave to remain which the person is granted;
j
any conditions to which the limited leave to remain is subject or remarks relating to those conditions;
k
the place and date of issue of the document;
l
the period for which the document is valid;
m
the holder’s facial image;
n
the signature of the holder;
o
a machine readable code;
p
a hologram;
q
an emblem of the United Kingdom and the words “United Kingdom”;
r
the symbol of the International Civil Aviation Organization denoting a machine readable travel document which contains a contactless microchip; and
s
any additional security features.
2
A biometric immigration document may contain some or all of the following within a radio frequency electronic microchip embedded in the document —
a
any of the information specified in paragraph (1)(a) to (m);
b
information relating to a record of any two of the holder’s fingerprints; and
c
any additional security features.
Surrender of a biometric immigration document
16
1
The Secretary of State may require the surrender of a biometric immigration document as soon as reasonably practicable if he thinks that —
a
information provided in connection with the document was or has become false, misleading or incomplete;
b
the document (including any information recorded in it) has been altered, damaged or destroyed (whether deliberately or not);
c
an attempt has been made (whether successfully or not) to copy the document or to do anything to enable it to be copied;
d
the document should be re-issued (whether because the information recorded in it requires alteration or for any other reason);
e
the holder’s leave to remain is to be varied, cancelled or invalidated, or is to lapse;
f
a person has acquired the biometric immigration document without the consent of the holder or of the Secretary of State;
g
the document has ceased to have effect under regulation 13(3) or has been cancelled under regulation 17; or
h
the holder has died.
2
Where a person is required to surrender the biometric immigration document under paragraph (1), the person must comply with the requirement.
Cancellation of a biometric immigration document
17
The Secretary of State may cancel a biometric immigration document if he thinks that —
a
information provided in connection with the document was or has become false, misleading or incomplete;
b
the document has been lost or stolen;
c
the document (including any information recorded in it) has been altered, damaged or destroyed (whether deliberately or not);
d
an attempt has been made (whether successfully or not) to copy the document or to do anything to enable it to be copied;
e
a person has failed to surrender the document when required to do so under regulation 16(a) to (f) or (h);
f
the document should be re-issued (whether because the information recorded in it requires alteration or for any other reason);
g
a person has acquired the biometric immigration document without the consent of the holder or of the Secretary of State; or
h
the holder has died.
Requirement for the holder of a document to notify the Secretary of State
18
The holder of a biometric immigration document must notify the Secretary of State as soon as reasonably practicable if he —
a
knows or suspects that information provided in connection with the document was or has become false, misleading or incomplete;
b
knows or suspects that the document has been lost or stolen;
c
knows or suspects that the document (including any information recorded in it) has been altered or damaged (whether deliberately or not);
d
was given leave to enter or remain in the United Kingdom in accordance with a provision of the immigration rules and knows or suspects that owing to a change of his circumstances he would no longer qualify for leave under that provision; or
e
knows or suspects that another person has acquired the biometric immigration document without his consent or the consent of the Secretary of State.
Requirement to apply for a replacement biometric immigration document
19
1
A person who has been issued with a biometric immigration document under regulation 13(1) is required to apply for a replacement biometric immigration document where his original document —
a
has been cancelled under regulation 17; or
b
has ceased to have effect under regulation 13(4)(b) or (c).
2
A person required to apply for a biometric immigration document under paragraph (1) must do so within 3 months beginning with the date that the original document was cancelled or ceased to have effect.
Application of these Regulations to a person who is required to apply for a replacement biometric immigration document
20
1
These Regulations apply to a person who makes an application for a biometric immigration document in accordance with regulation 19 just as they apply to a person who makes an application for a document in accordance with regulation 3, with the modification in paragraph (2).
2
The Secretary of State may issue a biometric immigration document to a person who has applied in accordance with regulation 19, provided the person has limited leave to remain.
Requirement to use a biometric immigration document
21
1
The holder of a biometric immigration document must provide his document to an immigration officer or the Secretary of State, as applicable, —
a
where he is examined by an immigration officer under paragraph 2, 2A or 3 of Schedule 2 to the Immigration Act 1971;
b
where he is examined by an immigration officer under Article 7(2) of the Immigration (Leave to Enter and Remain) Order 2000 ;
c
where he is examined by the Secretary of State under Article 3 of the Immigration (Leave to Enter) Order 2001 ;
d
where he makes an application for further leave to remain to the Secretary of State;
e
when his dependant makes an application for entry clearance, leave to enter or leave to remain as his dependant; or
f
when he is the sponsor under the immigration rules of a person who seeks entry clearance, leave to enter or leave to remain in the United Kingdom.
2
Where the holder of a biometric immigration document attends premises to take a test known under the immigration rules as the “Life in the UK Test”, he must provide his document to the representative of the educational institution, or other person, who is administering the test.
3
The holder of a biometric immigration document must provide his document to a prospective employer or employer —
a
prior to the commencement of his employment; and
b
on the anniversary of the date that the document was first produced, provided he is still working for that employer on that date.
Requirement to provide information for comparison
22
1
A person who provides a biometric immigration document in accordance with regulation 21(1) or (2) is required to provide biometric information for comparison with biometric information provided in connection with the application for the document.
2
Where the document is provided to an authorised person, the authorised person may require the provision of the information in a specified form.
3
Regulation 8 applies to a person required to provide information under paragraph (1) as it applies to a person who is required to provide biometric information under regulation 5.
Consequences of a failure to comply with a requirement of these Regulations
23
1
Where a person who is required to make an application for the issue of a biometric immigration document fails to comply with a requirement of these Regulations, the Secretary of State —
a
may take any, or any combination, of the actions specified in paragraph (2); and
b
must consider giving a notice under section 9 of the UK Borders Act 2007.
2
The actions specified are to —
a
refuse an application for a biometric immigration document;
b
disregard the person’s application for leave to remain;
c
refuse the person’s application for leave to remain; and
d
cancel or vary leave to enter or remain.
3
Where any person apart from a person referred to in paragraph (1) fails to comply with a requirement of these Regulations, the Secretary of State must consider giving a notice under section 9 of the UK Borders Act 2007.
4
The Secretary of State may designate an adult as the person responsible for ensuring that a child complies with the requirements of these Regulations.
Revocation and transitional provisions
24
1
Subject to paragraph (2), the Immigration (Biometric Registration) (Pilot) Regulations 2008 are revoked.
2
The Immigration (Biometric Registration) (Pilot) Regulations 2008 continue to apply to a person who was required to apply for a biometric immigration document in accordance with regulation 3 of those Regulations before the coming into force of these Regulations, subject to paragraph (3).
3
These Regulations apply to any application for leave to remain falling within regulation 3 of these Regulations, which is made by a person referred to in paragraph (2) on or after the coming into force of these Regulations.
Meg Hillier
Parliamentary Under Secretary of State
Home Office
24th November 2008


text:
Citation and commencement
1
These Regulations may be cited as the Pension Protection Fund (Prescribed Payments) Regulations 2008 and shall come into force on 1st April 2008.
Payments to meet certain costs
2
The Board may pay out of the Pension Protection Fund any sum required to meet expenditure by the Board on —
a
creating and maintaining records of persons entitled to compensation under section 162 of the Pensions Act 2004 or Article 146(2) of the Pensions (Northern Ireland) Order 2005 (the pension compensation provisions);
b
maintaining a payroll for the payment of such compensation;
c
verifying data required for the creation and maintenance of those records and that payroll.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
9th March 2008


text:
1
This Scheme may be cited as the A556 Trunk Road (Turnpike Wood, Over Tabley-A56 Bowdon Roundabout) (Detrunking) Order 1996 (Revocation) Order 2008 and shall come into force on 7th March 2008.
2
The A556 Trunk Road (Turnpike Wood, Over Tabley-A56 Bowdon Roundabout) (Detrunking) Order 1996 is hereby revoked.
Signed by authority of theSecretary of State for Transport
John Bagley
Divisional Director Highways Agency
30th January 2008