text:
Citation and commencement
1
These Regulations may be cited as the Social Security Pensions (Home Responsibilities) Amendment Regulations 2008 and shall come into force on 6 th April 2008.
Amendment of the Social Security Pensions (Home Responsibilities) Regulations 1994
2
1
Regulation 2 of the Social Security Pensions (Home Responsibilities) Regulations 1994 (preclusion from regular employment for the purpose of paragraph 5(7)(b) of Schedule 3 to the Act) is amended as follows.
2
In paragraph (2) —
a
after sub-paragraph (a) insert —
aa
that child benefit awarded to his partner was payable in respect of a child under the age of 16;
;
b
for sub-paragraph (b)(i) substitute —
i
he is a person to whom paragraphs 4 to 6 of Schedule 1B to the Income Support (General) Regulations 1987 apply, and
;
c
at the end of sub-paragraph (c), add “throughout the year 2003-2004 or any subsequent year”.
3
After paragraph (4B) insert —
4C
In paragraph (2)(aa), “partner” means the person with whom he was both residing and sharing responsibility for the child throughout that year.
.
4
After paragraph (5)(a) insert —
aza
in the case of a person who satisfies the condition in paragraph (2)(aa) above —
i
such information is not furnished as the Secretary of State may from time to time require which is relevant to the question of whether in that year he was precluded from regular employment by responsibilities at home within the meaning of these Regulations;
ii
he attained pensionable age on or before 5 th April 2008 or, in relation to a claim for a bereavement benefit in respect of his death, he died on or before that date; or
iii
the aggregate of his partner’s earnings factors —
aa
in respect of any year preceding 2002-2003;
bb
in respect of the year 2002-2003 or any subsequent year, where those earnings factors are derived from so much of his earnings as do not exceed the upper earnings limit and upon which primary Class 1 contributions have been paid or treated as paid,
is less than the qualifying earnings factor for the year in question.
.
Signed by authority of the Secretary of State for Work and Pensions
Mike O’Brien
Minister of State,
Department for Work and Pensions.
27th February 2008


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (England) Regulations 2008 and come into force on 1st April 2008.
2
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations —
“the 2002 Act ” means the Education Act 2002;
“appeal panel” has the meaning given in regulation 7(2);
“management committee” means, in relation to a pupil referral unit, the committee established by the local education authority pursuant to the Education (Pupil Referral Units) (Management Committees etc. ) (England) Regulations 2007 ;
“relevant person” means —
in relation to a pupil under the age of 18 years, a parent of the pupil;
in relation to a pupil who has attained that age, the pupil.
2
Any exclusion for a fixed period consisting of the period between the morning and afternoon school sessions shall for the purposes of these Regulations be taken as equivalent to half a school day.
Responsible body
3
For the purposes of section 52(5) of the 2002 Act, the management committee of a pupil referral unit is prescribed as the responsible body.
Power of teacher in charge to exclude pupils
4
The teacher in charge of a pupil referral unit may not exercise the power under section 52(2) of the 2002 Act so as to exclude a pupil from the pupil referral unit for one or more fixed periods if, as a result, the pupil would be excluded for more than 45 school days in any one school year.
Exclusion of pupils : duty to inform parents, management committee and local education authority
5
1
Where the teacher in charge of a pupil referral unit excludes any pupil for a fixed period, the teacher in charge shall, as soon as practicable, inform the relevant person of the following matters —
a
the period of the exclusion;
b
the reasons for the exclusion;
c
that the relevant person may make representations about the exclusion to the management committee; and
d
the means by which such representations may be made.
2
Where the teacher in charge of a pupil referral unit excludes any pupil permanently or decides that any exclusion of a pupil for a fixed period should be made permanent, the teacher in charge shall, as soon as is practicable —
a
inform the relevant person, the local education authority and the management committee of the decision and the reasons for it;
b
if the pupil resides in the area of a different local education authority, in addition, inform that local authority of the decision and the reasons for it; and
c
give the relevant person notice in writing of the decision stating the following matters —
i
the reasons for the decision;
ii
that the relevant person may make representations about the decision to the management committee;
iii
the means by which such representations shall be made.
3
Where the teacher in charge of a pupil referral unit excludes any pupil for a fixed period in circumstances where the pupil would, as a result of the exclusion —
a
be excluded from the pupil referral unit for a total of more than five school days in any one term, or
b
lose an opportunity to take any public examination,
the teacher in charge shall, as soon as practicable, inform the local education authority and the management committee of the period of the exclusion and the reasons for it.
4
The teacher in charge shall in each relevant term —
a
inform the management committee and local education authority of any relevant exclusions which do not fall within paragraphs (2) or (3) and in respect of each such exclusion provide details of the period of the exclusion and the reason for it; and
b
unless the teacher in charge has already done so, inform the management committee and the local education authority of any exclusions occurring during any previous terms and in respect of each of those exclusions provide details of the period of the exclusion and the reason for it.
5
In paragraph (4) —
a
“relevant exclusion”, in relation to a relevant term, means an exclusion which first takes effect in that term;
b
“relevant term” means —
i
where in the school year of a pupil referral unit there are three terms or fewer, each term;
ii
where in the school year of a pupil referral unit there are more than three terms, any term during which a reference date falls.
6
In paragraph (5), “reference date” means 31st December, Easter Monday and 31st July.
7
For the purposes of paragraph (5)(b)(ii), if a reference date does not fall during a term, the reference to the term during which the reference date falls is to be taken as a reference to the term which last preceded that date.
Functions of management committee in relation to excluded pupils
6
1
Paragraphs (2) to (6) apply where the management committee is informed under regulation 5(2) or (3) of —
a
the permanent exclusion of a pupil;
b
a decision that any exclusion of a pupil should be made permanent;
c
the exclusion of any pupil where that pupil would, as a result of the exclusion —
i
be excluded from the pupil referral unit for a total of more than fifteen school days in any one term, or
ii
lose an opportunity to take a public examination; or
d
the exclusion of any pupil where —
i
the pupil would as a result of the exclusion be excluded from the pupil referral unit for a total of more than five school days in any one term, and
ii
the relevant person makes representations to the management committee in pursuance of regulation 5(1)(c).
2
The management committee shall in any such case —
a
consider the circumstances in which the pupil was excluded;
b
consider any representations about the exclusion made to the management committee —
i
by the relevant person in pursuance of regulation 5(1)(c), or
ii
by the local education authority;
c
allow each of the following, namely —
i
the relevant person, and
ii
an officer of the local education authority nominated by the authority,
to attend a meeting of the management committee and to make oral representations about the exclusion; and
d
consider any oral representations so made.
3
Subject to paragraph (7), the management committee shall consider whether or not the pupil should be reinstated; and where they consider that the pupil should be reinstated, they shall in addition consider whether the pupil should be reinstated immediately, or reinstated by a particular date.
4
Subject to paragraph (7), if the management committee decide that the pupil should be reinstated they shall immediately —
a
give the appropriate direction to the teacher in charge, and
b
inform the relevant person and the local education authority of their decision.
5
The teacher in charge shall comply with any direction of the management committee for the reinstatement of a pupil who has been excluded from the pupil referral unit.
6
If the management committee decide that the pupil should not be reinstated, they shall immediately —
a
inform the relevant person, the teacher in charge and the local education authority of their decision, and
b
in addition, in the case of a pupil who is permanently excluded, give the relevant person notice in writing referring to that decision and stating the following matters —
i
the reasons for the decision,
ii
his right to appeal against the decision,
iii
the person to whom the relevant person should give any notice of appeal,
iv
that any notice of appeal must contain the grounds of appeal, and
v
the last date on which an appeal may be made.
7
Where the period of the exclusion has expired before the management committee considers the exclusion pursuant to paragraph (3), the management committee shall consider whether the exclusion was appropriate and shall notify the teacher in charge, the relevant person and the local education authority of their decision.
8
Where —
a
the teacher in charge of a pupil referral unit excludes a pupil in a case where paragraphs (2) to (6) do not apply, and
b
the management committee receive any representations made in pursuance of regulation 5(1)(c) by the relevant person about the exclusion,
they shall consider those representations.
9
Subject to paragraph (10), the management committee shall take each of the steps referred to in paragraph (2) —
a
not earlier than 6 school days; and
b
not later than 15 school days in the case of a permanent exclusion or a fixed period exclusion of more than 15 school days; or
c
not later than 50 school days, in the case of an exclusion for a fixed period of 15 school days or fewer,
after the date on which they were informed of the matters referred to in regulation 5(2) or (3).
10
Where a pupil has been excluded in circumstances in which the pupil would, as a result of the exclusion, lose an opportunity to take a public examination, the management committee shall, so far as it is practical for them to do so, take each of the steps referred to in paragraph (2) before the date on which the pupil is due to take the examination and in any event, no later than is required by paragraph (9).
11
The management committee shall not be relieved of the duty to take any step referred to in paragraph (2) because it has not been taken within the periods specified in paragraphs (9) and (10).
12
The notice in writing referred to in paragraph (6)(b) may be given either —
a
by delivering it to the relevant person’s last known address, or
b
by properly addressing, pre-paying and sending by first class post to the relevant person’s last known address a letter containing the notice.
Appeals against permanent exclusion of pupils
7
1
A local education authority shall make arrangements for enabling the relevant person to appeal against any decision of the management committee under regulation 6 not to reinstate a pupil who has been permanently excluded from a pupil referral unit maintained by the authority.
2
The Schedule to these Regulations has effect in relation to the making and hearing of appeals pursuant to arrangements made under paragraph (1); and in these Regulations “appeal panel” means an appeal panel constituted in accordance with paragraph 2 of the Schedule.
3
In making any decision on an appeal pursuant to arrangements made under paragraph (1), an appeal panel shall have regard both to the interests of the excluded pupil and to the interests of other pupils and persons working at the pupil referral unit (including persons working at the unit voluntarily).
4
An appeal panel shall not determine that a pupil is to be reinstated merely because of the failure of any person to comply with any procedural requirement imposed by or under these Regulations in relation to the decision under section 52(2) of the 2002 Act in respect of which the appeal is brought.
5
The decision of an appeal panel on an appeal pursuant to arrangements under paragraph (1) shall be binding on the relevant person, the teacher in charge and the local education authority.
6
On such an appeal the appeal panel may —
a
uphold the decision not to reinstate the pupil;
b
direct that the pupil is to be reinstated (either immediately or by a date specified in the direction), or
c
decide that because of exceptional circumstances or for other reasons it is not practical to give a direction requiring his reinstatement, but that it would otherwise have been appropriate to give such a direction.
Exclusion of pupils : guidance
8
1
This regulation applies to any functions of —
a
the teacher in charge of a pupil referral unit,
b
the management committee,
c
a local education authority, or
d
an appeal panel,
under section 52(2) of the 2002 Act or these Regulations.
2
In discharging any such function, such a person or body shall have regard to any guidance given from time to time by the Secretary of State.
Exclusions : standard of proof
9
Where it falls to —
a
the teacher in charge of a pupil referral unit, in exercise of the power conferred by section 52(2) of the 2002 Act,
b
the management committee, in exercise of functions under regulation 6, or
c
an appeal panel, in exercise of functions under regulation 7,
to establish any fact, any question as to whether that fact is established shall be decided on a balance of probabilities.
Information
10
A local education authority shall give to the Secretary of State at his request any information they have received from a teacher in charge under regulation 5.
Revocation and transitional provisions
11
1
The following provisions are revoked.
2
Subject to paragraph (6), the Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (England) Regulations 2002 .
3
Regulations 5 and 10 of the Education (Pupil Exclusions) (Miscellaneous Amendments) (England) Regulations 2004 .
4
Regulations 2(2), 4 and 5(3) of the Education (Pupil Exclusions and Appeals) (Miscellaneous Amendments) (England) Regulations 2006 .
5
Regulation 10(2) of the Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007 .
6
Where a pupil is excluded from a pupil referral unit before 1st April 2008, the Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (England) Regulations 2002 shall continue to have effect in relation to that exclusion.
Kevin Brennan
Parliamentary Under-Secretary of State
Department for Children, Schools and Families
26th February 2008


text:
Citation and commencement
1
These Regulations may be cited as the Overseas Insurers (Tax Representatives) (Amendment) Regulations 2008 and shall come into force on 27th October 2008.
Amendment of the Overseas Insurers (Tax Representatives) Regulations 1999
2
The Overseas Insurers (Tax Representatives) Regulations 1999 are amended as follows.
Amendment of regulation 2
3
In regulation 2 (interpretation) —
a
in the definition of “the Board” for “of Inland Revenue” substitute “for Her Majesty’s Revenue and Customs”;
b
omit the definition of “ EEA Agreement”;
c
for the definition of “EEA State” substitute —
“EEA state” has the meaning given in Schedule 1 to the Interpretation Act 1978 ;
; and
d
after the definition of “EEA state” (as substituted by sub-paragraph (c) above) insert —
“ ITTOIA 2005 ” means the Income Tax (Trading and Other Income) Act 2005 ;
.
Amendment of regulation 4
4
In paragraph (1)(e) of regulation 4 (notification of tax representative by overseas insurer) for “Inland Revenue office” substitute “office of Her Majesty’s Revenue and Customs”.
Amendment of regulation 10
5
In paragraph (1)(f)(ii) of regulation 10 (appointment by the Board of an overseas insurer’s tax representative) for “State” substitute “state”.
Amendment of regulation 12
6
In paragraphs (1)(a) and (9)(b) of regulation 12 (release of overseas insurer from requirement to nominate a tax representative) for “State” substitute “state”.
Amendment of the Schedule: general
7
1
Amend the Schedule as follows.
2
In paragraph 1 —
a
in the definition of “basic rate limit” for “section 1(3)(a) of the Taxes Act” substitute “section 20(2) of the Income Tax Act 2007” ;
b
omit the definition of “financial year”;
c
in the definition of “gain” for “section 541, 543, 545 or 546C” substitute “Chapter 9 of Part 4 of ITTOIA 2005”;
d
omit the definition of “inspector”;
e
omit the definition of “year of assessment”; and
f
at the end insert —
“tax year” has the meaning given by section 4(2) of the Income Tax Act 2007.
.
3
Omit paragraph 2.
4
In paragraph 3 —
a
for “year of assessment” substitute “tax year” (in both places);
b
omit “or where the policy holder is a company each financial year,”;
c
for “inspector” substitute “Board”; and
d
omit “or financial year”.
5
In paragraph 4 —
a
for “Chapter II of Part XIII of the Taxes Act” substitute “Chapter 9 of Part 4 of ITTOIA 2005”; and
b
for sub-paragraph (d) substitute —
d
by reason of which the aggregate sum payable, or other benefits to be conferred, by the overseas insurer exceeds twice the basic rate limit for the tax year in which it occurs.
.
6
In paragraph 5 —
a
for “the year of assessment in which it occurs” substitute “the tax year in which it occurs”;
b
omit “or for the year of assessment corresponding to the financial year in which it occurs, as the case may be,”;
c
for “that year of assessment” substitute “that tax year”; and
d
omit “or that financial year”.
7
In paragraph 7(b) —
a
for “year of assessment” substitute “tax year”;
b
omit “, or where the policy holder is a company each financial year,”; and
c
for “inspector” substitute “Board”.
8
For paragraph 8 substitute —
8
For the purpose of this undertaking a relevant event is a chargeable event within the meaning of Chapter 9 of Part 4 of ITTOIA 2005 in respect of which an insurer is under an obligation to deliver a certificate under section 552.
8A
For the purposes of this Part of this Schedule, in the determination of the amount of a gain in connection with a policy or contract, no account is to be taken of the effect of section 541A of ITTOIA 2005 .
.
9
In paragraph 9 —
a
for “in the year of assessment or financial year” substitute “in the tax year”;
b
for “that year of assessment or for the year of assessment corresponding to that financial year” substitute “that tax year”; and
c
for sub-paragraph (c) substitute —
c
both gains arise in the same tax year.
.
10
In paragraph 10 —
a
in sub-paragraph (e), for “550(3), apart from section 553(3)” substitute “536, apart from section 536(7), of ITTOIA 2005”; and
b
in sub-paragraph (f) —
i
omit “or lower”, and
ii
for “547(5)(a), apart from section 553(8)” substitute “530, apart from section 528, of ITTOIA 2005”.
Mike Eland
3rd October 2008
Dave Hartnett
6th October 2008
Two of the Commissioners for Her Majesty’s Revenue and Customs


text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Amendment) Regulations 2008 and shall come into force on 1st October 2008.
Amendment of the Housing Benefit Regulations 2006
2
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation), omit the definition of “gateway office”.
3
In regulation 82 (who may claim), omit paragraph (7).
4
In regulation 83 (time and manner in which claims are to be made) —
a
in paragraph (1) for “paragraph (4A)”, substitute “paragraphs (4A) to (4AE)”;
b
in paragraph (4) omit sub-paragraphs (d) and (e);
c
after paragraph (4A) insert —
4AA
If the Secretary of State agrees, where —
a
a person makes a claim for a benefit referred to in paragraph (4)(a); and
b
the Secretary of State has made provision in the Social Security (Claims and Payments) Regulations 1987 for that benefit to be claimed by telephone,
that person may claim housing benefit by telephone to the telephone number specified by the Secretary of State.
4AB
A claim for housing benefit may be made in accordance with paragraph (4AA) at any time before a decision has been made on the claim for the benefit referred to in paragraph (4)(a).
4AC
If the Secretary of State agrees, where a person, in accordance with regulation 32 of the Social Security (Claims and Payments) Regulations 1987 (information to be given and changes to be notified) —
a
furnishes the Secretary of State with such information or evidence as he may require; or
b
notifies the Secretary of State of any change of circumstances,
that person may claim housing benefit in the same manner in which the information or evidence was furnished or the notification was given.
4AD
If the Secretary of State agrees, where a person, in accordance with regulation 24 of the Jobseeker’s Allowance Regulations (provision of information and evidence) —
a
furnishes the Secretary of State with such certificates, documents and other evidence as he may require; or
b
notifies the Secretary of State of any change of circumstances,
that person may claim housing benefit in the same manner as the certificate, document and other evidence was furnished or the notification was given.
4AE
A claim for housing benefit may be made in accordance with paragraphs (4AC) or (4AD) at any time before a decision has been made on the award of benefit to which the information, evidence, certificates, documents or notification relates.
;
d
in paragraph (4B) after “by telephone” insert “in accordance with paragraph (4A)”;
e
after paragraph (4B) insert —
4BA
The relevant authority or the Secretary of State may determine that a claim made by telephone in accordance with paragraphs (4AA) to (4AE) is not a valid claim unless the person making the claim approves a written statement of his circumstances, provided for the purpose by the Secretary of State.
;
f
for paragraph (4C) , substitute —
4C
A claim made by telephone in accordance with paragraphs (4A) to (4AE) is defective unless the relevant authority or the Secretary of State is provided with all the information requested during that telephone call.
;
g
in paragraph (4D) for “is to”, substitute “must”;
h
after paragraph (4D) insert —
4DA
Where a claim made by telephone in accordance with paragraphs (4AA) to (4AE) is defective —
a
the Secretary of State may provide the person making it with an opportunity to correct the defect;
b
the relevant authority must provide the person making it with an opportunity to correct the defect if the Secretary of State has not already done so, unless it considers that it has sufficient information to determine the claim.
;
i
in paragraph (4E) for “of the date it”, substitute “of the date the relevant authority or the Secretary of State”;
j
after paragraph (4E) insert —
4F
If the person does not correct the defect within one month, or such longer period as the relevant authority considers reasonable, of the date the relevant authority or the Secretary of State last drew attention to it, the relevant authority may treat the claim as if it had been duly made in the first instance where it considers that it has sufficient information to determine the claim.
;
k
in paragraph (5), omit the words “and to regulation 84 (date of claim where claim sent or delivered to a gateway office)”;
l
for paragraph (5)(d) , substitute —
d
except where sub-paragraph (a), (b) or (c) is satisfied, in a case where a properly completed claim is received in a designated office, an authorised office, county offices or an appropriate DWP office within one month, or such longer period as the relevant authority considers reasonable, of the date on which —
i
a claim form was issued to the claimant following the claimant first notifying, by whatever means, a designated office, an authorised office or an appropriate DWP office of an intention to make a claim; or
ii
a claimant notifies, by whatever means, a designated office, an authorised office or an appropriate DWP office of an intention to make a claim by telephone in accordance with paragraphs (4A) to (4AE),
the date of first notification; and
.
5
Omit regulation 84 (date of claim where claim sent or delivered to a gateway office).
6
Omit regulation 85 (date of claim where claim sent or delivered to an office of a designated authority).
7
For regulation 87 (amendment and withdrawal of claim), substitute —
87
1
A person who has made a claim may amend it at any time before a decision has been made on it by a notice in writing delivered or sent to the designated office.
2
Where the claim was made by telephone in accordance with paragraphs (4A) to (4AE) of regulation 83, the amendment may also be made by telephone.
3
Any claim amended in accordance with paragraph (1) or (2) shall be treated as if it had been amended in the first instance.
4
A person who has made a claim may withdraw it at any time before a decision has been made on it by notice to the designated office.
5
Where the claim was made by telephone in accordance with paragraphs (4AA) to (4AE) of regulation 83, the withdrawal may also be made by telephone to the telephone number specified by the Secretary of State.
6
Any notice of withdrawal given in accordance with paragraph (4) or (5) shall have effect when it is received.
.
8
In regulation 88 (duty to notify changes of circumstances) in paragraph (1) —
a
for “paragraphs (3) and (5)”, substitute “paragraph (3)”; and
b
omit paragraphs (2) and (5).
9
For regulation 121 (criminal offence), substitute —
121
Any supplier who fails to supply relevant information to the requirer as, when and how required under regulations 117 to 120 shall be guilty of an offence under section 113 of the Administration Act .
.
10
After regulation 121 (criminal offence), insert —
Supply of benefit administration information between authorities
121A
1
For the purpose of section 122E(3) of the Administration Act (supply of information between authorities administering benefit) the circumstances in which information is to be supplied and the information to be supplied are set out in paragraph (2).
2
Where the functions of an authority (“Authority A”) relating to housing benefit are being exercised, wholly or in part, by another authority (“Authority B”) —
a
Authority A must supply to Authority B any benefit administration information it holds which is relevant to, and necessary for, Authority B to exercise those functions; and
b
Authority B must supply to Authority A any benefit administration information it holds which is relevant to, and necessary for, Authority A to exercise those functions.
3
The circumstances in which paragraph (2) applies include cases where the authorities have agreed to discharge functions jointly.
4
In paragraph (2) “Authority A” and “Authority B” include any person authorised to exercise functions relating to housing benefit on behalf of the authority in question.
5
This regulation shall not apply if the person or authority to whom the information is to be supplied agrees that the information need not be supplied.
.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
3
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 “gateway office”.
3
In regulation 63 (who may claim), omit paragraph (7).
4
In regulation 64 (time and manner in which claims are to be made) —
a
in paragraph (2) for “paragraph (5A) and (5B)”, substitute “paragraphs (5A) to (5BD)”;
b
in paragraph (5) omit sub-paragraphs (d) and (e);
c
for paragraph (5B) , substitute —
5B
If the Secretary of State agrees, where —
a
a person makes a claim for a benefit referred to in paragraph (5)(a); and
b
the Secretary of State has made provision in the Social Security (Claims and Payments) Regulations 1987 for that benefit to be claimed by telephone,
that person may claim housing benefit by telephone to the telephone number specified by the Secretary of State.
5BA
A claim for housing benefit may be made in accordance with paragraph (5B) at any time before a decision has been made on the claim for the benefit referred to in paragraph (5)(a).
5BB
If the Secretary of State agrees, where a person, in accordance with regulation 32 of the Social Security (Claims and Payments) Regulations 1987 (information to be given and changes to be notified) —
a
furnishes the Secretary of State with such information or evidence as he may require; or
b
notifies the Secretary of State of any change of circumstances,
that person may claim housing benefit in the same manner in which the information or evidence was furnished or the notification was given.
5BC
If the Secretary of State agrees, where a person, in accordance with regulation 24 of the Jobseeker’s Allowance Regulations (provision of information and evidence) —
a
furnishes the Secretary of State with such certificates, documents and other evidence as he may require; or
b
notifies the Secretary of State of any change of circumstances,
that person may claim housing benefit in the same manner as the certificate, document and other evidence was furnished or the notification was given.
5BD
A claim for housing benefit may be made in accordance with paragraphs (5BB) or (5BC) at any time before a decision has been made on the award of benefit to which the information, evidence, certificates, documents or notification relates.
;
d
in paragraph (5C) —
i
after “by telephone” insert “in accordance with paragraph (5A)”; and
ii
omit “or the Secretary of State”;
e
after paragraph (5C) insert —
5CA
The relevant authority or the Secretary of State may determine that a claim made by telephone in accordance with paragraphs (5B) to (5BD) is not a valid claim unless the person making the claim approves a written statement of his circumstances, provided for the purpose by the Secretary of State.
;
f
for paragraph (5D) , substitute —
5D
A claim made by telephone in accordance with paragraphs (5A) to (5BD) is defective unless the relevant authority or the Secretary of State is provided with all the information requested during that telephone call.
;
g
in paragraph (5E) —
i
omit “or (5B)”; and
ii
for “is to”, substitute “must”;
h
after paragraph (5E) insert —
5EA
Where a claim made by telephone in accordance with paragraphs (5B) to (5BD) is defective —
a
the Secretary of State may provide the person making it with an opportunity to correct the defect;
b
the relevant authority must provide the person making it with an opportunity to correct the defect if the Secretary of State has not already done so unless it considers that it has sufficient information to determine the claim.
;
i
in paragraph (5F) after “of the date the relevant authority”, insert “or the Secretary of State”;
j
after paragraph (5F) insert —
5G
If the person does not correct the defect within one month, or such longer period as the relevant authority considers reasonable, of the date the relevant authority or the Secretary of State last drew attention to it, the relevant authority may treat the claim as if it had been duly made in the first instance, where it considers that it has sufficient information to determine the claim.
;
k
in paragraph (6), omit the words “and to regulation 65 (date of claim where claim sent or delivered to a gateway office)”;
l
for paragraph (6)(d) , substitute —
d
except where sub-paragraph (a), (b) or (c) is satisfied, in a case where a properly completed claim is received in a designated office, an authorised office, county offices or an appropriate DWP office within one month, or such longer period as the relevant authority considers reasonable, of the date on which —
i
a claim form was issued to the claimant following the claimant first notifying, by whatever means, a designated office, an authorised office or an appropriate DWP office of an intention to make a claim; or
ii
a claimant notifies, by whatever means, a designated office, an authorised office or an appropriate DWP office of an intention to make a claim by telephone in accordance with paragraphs (5A) to (5BD),
the date of first notification; and
.
5
Omit regulation 65 (date of claim where claim sent or delivered to a gateway office).
6
Omit regulation 66 (date of claim where claim sent or delivered to an office of a designated authority).
7
For regulation 68 (amendment and withdrawal of claim), substitute —
68
1
A person who has made a claim may amend it at any time before a decision has been made on it by a notice in writing delivered or sent to the designated office.
2
Where the claim was made by telephone in accordance with paragraphs (5A) to (5BD) of regulation 64, the amendment may also be made by telephone.
3
Any claim amended in accordance with paragraph (1) or (2) shall be treated as if it had been amended in the first instance.
4
A person who has made a claim may withdraw it at any time before a decision has been made on it by notice to the designated office.
5
Where the claim was made by telephone in accordance with paragraphs (5B) to (5BD) of regulation 64, the withdrawal may also be made by telephone to the telephone number specified by the Secretary of State.
6
Any notice of withdrawal given in accordance with paragraph (4) or (5) shall have effect when it is received.
.
8
In regulation 69 (duty to notify changes of circumstances), in paragraph (1) —
a
for “(3) and (5) to (7)”, substitute “(3), (6) and (7)”; and
b
omit paragraphs (2) and (5).
9
For regulation 102 (criminal offence), substitute —
102
Any supplier who fails to supply relevant information to the requirer as, when and how required under regulations 98 to 101 shall be guilty of an offence under section 113 of the Administration Act.
.
10
After regulation 102 (criminal offence), insert —
Supply of benefit administration information between authorities
102A
1
For the purpose of section 122E(3) of the Administration Act (supply of information between authorities administering benefit) the circumstances in which information is to be supplied and the information to be supplied are set out in paragraph (2).
2
Where the functions of an authority (“Authority A”) relating to housing benefit are being exercised, wholly or in part, by another authority (“Authority B”) —
a
Authority A must supply to Authority B any benefit administration information it holds which is relevant to, and necessary for, Authority B to exercise those functions; and
b
Authority B must supply to Authority A any benefit administration information it holds which is relevant to, and necessary for, Authority A to exercise those functions.
3
The circumstances in which paragraph (2) applies include cases where the authorities have agreed to discharge functions jointly.
4
In paragraph (2), “Authority A” and “Authority B” include any person authorised to exercise functions relating to housing benefit on behalf of the authority in question.
5
This regulation shall not apply if the person or authority to whom the information is to be supplied agrees that the information need not be supplied.
.
Amendment of the Council Tax Benefit Regulations 2006
4
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation), omit the definition of “gateway office”.
3
In regulation 68 (who may claim), omit paragraph (7).
4
In regulation 69 (time and manner in which claims are to be made) —
a
in paragraph (1) for “paragraph (4A)”, substitute “paragraphs (4A) to (4AE)”;
b
in paragraph (4) omit sub-paragraphs (d) and (e);
c
after paragraph (4A) insert —
4AA
If the Secretary of State agrees, where —
a
a person makes a claim for a benefit referred to in paragraph (4)(a); and
b
the Secretary of State has made provision in the Social Security (Claims and Payments) Regulations 1987 for that benefit to be claimed by telephone,
that person may claim council tax benefit by telephone to the telephone number specified by the Secretary of State.
4AB
A claim for council tax benefit may be made in accordance with paragraph (4AA) at any time before a decision has been made on the claim for the benefit referred to in paragraph (4)(a).
4AC
If the Secretary of State agrees, where a person, in accordance with regulation 32 of the Social Security (Claims and Payments) Regulations 1987 (information to be given and changes to be notified) —
a
furnishes the Secretary of State with such information or evidence as he may require; or
b
notifies the Secretary of State of any change of circumstances,
that person may claim council tax benefit in the same manner in which the information or evidence was furnished or the notification was given.
4AD
If the Secretary of State agrees, where a person, in accordance with regulation 24 of the Jobseeker’s Allowance Regulations (provision of information and evidence) —
a
furnishes the Secretary of State with such certificates, documents and other evidence as he may require; or
b
notifies the Secretary of State of any change of circumstances,
that person may claim council tax benefit in the same manner as the certificate, document and other evidence was furnished or the notification was given.
4AE
A claim for council tax benefit may be made in accordance with paragraphs (4AC) or (4AD) at any time before a decision has been made on the award of benefit to which the information, evidence, certificates, documents or notification relates.
;
d
in paragraph (4B) after “by telephone” insert “in accordance with paragraph (4A)”;
e
after paragraph (4B) insert —
4BA
The relevant authority or the Secretary of State may determine that a claim made by telephone in accordance with paragraphs (4AA) to (4AE) is not a valid claim unless the person making the claim approves a written statement of his circumstances provided for the purpose by the Secretary of State.
;
f
for paragraph (4C) , substitute —
4C
A claim made by telephone in accordance with paragraphs (4A) to (4AE) is defective unless the relevant authority or the Secretary of State is provided with all the information requested during that telephone call.
;
g
in paragraph (4D) for “is to”, substitute “must”;
h
after paragraph (4D) insert —
4DA
Where a claim made by telephone in accordance with paragraphs (4AA) to (4AE) is defective —
a
the Secretary of State may provide the person making it with an opportunity to correct the defect;
b
the relevant authority must provide the person making it with an opportunity to correct the defect if the Secretary of State has not already done so unless it considers that it has sufficient information to determine the claim.
;
i
in paragraph (4E) for “of the date it”, substitute “of the date the relevant authority or the Secretary of State”;
j
after paragraph (4E) insert —
4F
If the person does not correct the defect within one month, or such longer period as the relevant authority considers reasonable, of the date the relevant authority or the Secretary of State last drew attention to it, the relevant authority may treat the claim as if it had been duly made in the first instance where it considers that it has sufficient information to determine the claim.
;
k
in paragraph (5), omit the words “and to regulation 70 (date of claim where claim sent or delivered to a gateway office)”;
l
for paragraph (5)(d) , substitute —
d
except where sub-paragraph (a), (b) or (c) is satisfied, in a case where a properly completed claim is received in a designated office, an authorised office, county offices, or an appropriate DWP office within one month, or such longer period as the relevant authority considers reasonable, of the date on which —
i
a claim form was issued to the claimant following the claimant first notifying, by whatever means, a designated office, an authorised office or an appropriate DWP office of an intention to make a claim; or
ii
a claimant notifies, by whatever means, a designated office, an authorised office or an appropriate DWP office of an intention to make a claim by telephone in accordance with paragraphs (4A) to (4AE),
the date of first notification; and
.
5
Omit regulation 70 (date of claim where claim sent or delivered to a gateway office).
6
Omit regulation 71 (date of claim where claim sent or delivered to an office of a designated authority).
7
For regulation 73 (amendment and withdrawal of claim), substitute —
73
1
A person who has made a claim may amend it at any time before a decision has been made on it by a notice in writing delivered or sent to the designated office.
2
Where the claim was made by telephone in accordance with paragraphs (4A) to (4AE) of regulation 69, the amendment may also be made by telephone.
3
Any claim amended in accordance with paragraph (1) or (2) shall be treated as if it had been amended in the first instance.
4
A person who has made a claim may withdraw it at any time before a decision has been made on it by notice to the designated office.
5
Where the claim was made by telephone in accordance with paragraphs (4AA) to (4AE) of regulation 69, the withdrawal may also be made by telephone to the telephone number specified by the Secretary of State.
6
Any notice of withdrawal given in accordance with paragraph (4) or (5) shall have effect when it is received.
.
8
In regulation 74 (duty to notify changes of circumstances), in paragraph (1) —
a
for “paragraphs (3), (5) and (6)”, substitute “paragraphs (3) and (5)”; and
b
omit paragraphs (2) and (6).
9
After regulation 97 (supply of information: extended payments (severe disablement allowance and incapacity benefit)), insert —
Supply of benefit administration information between authorities
98
1
For the purpose of section 122E(3) of the Administration Act (supply of information between authorities administering benefit) the circumstances in which information is to be supplied and the information to be supplied are set out in paragraph (2).
2
Where the functions of an authority (“Authority A”) relating to council tax benefit are being exercised, wholly or in part, by another authority (“Authority B”) —
a
Authority A must supply to Authority B any benefit administration information it holds which is relevant to, and necessary for, Authority B to exercise those functions; and
b
Authority B must supply to Authority A any benefit administration information it holds which is relevant to, and necessary for, Authority A to exercise those functions.
3
The circumstances in which paragraph (2) applies include cases where the authorities have agreed to discharge functions jointly.
4
In paragraph (2), “Authority A” and “Authority B” include any person authorised to exercise functions relating to council tax benefit on behalf of the authority in question.
5
This regulation shall not apply if the person or authority to whom the information is to be supplied agrees that the information need not be supplied.
.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
5
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 definition of “gateway office”.
3
In regulation 52 (who may claim), omit paragraph (7).
4
In regulation 53 (time and manner in which claims are to be made) —
a
in paragraph (1) for “paragraph (4A) and (4B)”, substitute “paragraphs (4A) to (4BD)”;
b
in paragraph 4 omit sub-paragraphs (d) and (e);
c
for paragraph (4B) , substitute —
4B
If the Secretary of State agrees, where a person is —
a
making a claim for a benefit referred to in paragraph (4)(a); and
b
the Secretary of State has made provision in the Social Security (Claims and Payments) Regulations 1987 for that benefit to be claimed by telephone,
that person may claim council tax benefit by telephone to the telephone number specified by the Secretary of State.
4BA
A claim for council tax benefit may be made in accordance with paragraph (4B) at any time before a decision has been made on the claim for the benefit referred to in paragraph (4)(a).
4BB
If the Secretary of State agrees, where a person, in accordance with regulation 32 of the Social Security (Claims and Payments) Regulations 1987 (information to be given and changes to be notified) —
a
furnishes the Secretary of State with such information or evidence as he may require; or
b
notifies the Secretary of State of any change of circumstances,
that person may claim council tax benefit in the same manner in which the information or evidence was furnished or the notification was given.
4BC
If the Secretary of State agrees, where a person, in accordance with regulation 24 of the Jobseeker’s Allowance Regulations (provision of information and evidence) —
a
furnishes the Secretary of State with such certificates, documents and other evidence as he may require; or
b
notifies the Secretary of State of any change of circumstances,
that person may claim council tax benefit in the same manner as the certificate, document and other evidence was furnished or the notification was given.
4BD
A claim for council tax benefit may be made in accordance with paragraphs (4BB) or (4BC) at any time before a decision has been made on the award of benefit to which the information, evidence, certificates, documents or notification relates.
;
d
in paragraph (4C) —
i
after “by telephone” insert “in accordance with paragraph (4A)”; and
ii
omit “or the Secretary of State”;
e
after paragraph (4C) insert —
4CA
The relevant authority or the Secretary of State may determine that a claim made by telephone in accordance with paragraphs (4B) to (4BD) is not a valid claim unless the person making the claim approves a written statement of his circumstances, provided for the purpose by the Secretary of State.
;
f
for paragraph (4D) , substitute —
A claim made by telephone in accordance with paragraphs (4A) to (4BD) is defective unless the relevant authority or the Secretary of State is provided with all the information requested during that telephone call.
;
g
in paragraph (4E) —
i
omit “or (4B)”; and
ii
for “is to”, substitute “must”;
h
after paragraph (4E) insert —
4EA
Where a claim made by telephone in accordance with paragraphs (4B) to (4BD) is defective —
a
the Secretary of State may provide the person making it with an opportunity to correct the defect;
b
the relevant authority must provide the person making it with an opportunity to correct the defect if the Secretary of State has not already done so unless it considers that it has sufficient information to determine the claim.
;
i
in paragraph (4F) for “of the date it”, substitute “of the date the relevant authority or the Secretary of State”;
j
after paragraph (4F) insert —
4G
If the person does not correct the defect within one month, or such longer period as the relevant authority considers reasonable, of the date the relevant authority or the Secretary of State last drew attention to it, the relevant authority may treat the claim as if it had been duly made in the first instance where it considers that it has sufficient information to determine the claim.
;
k
in paragraph (5), omit the words “and to regulation 54 (date of claim where claim sent or delivered to a gateway office)”;
l
for paragraph (5)(d) , substitute —
d
except where sub-paragraph (a), (b) or (c) is satisfied, in a case where a properly completed claim is received in a designated office, an authorised office, county offices or an appropriate DWP office within one month, or such longer period as the relevant authority considers reasonable, of the date on which —
i
a claim form was issued to the claimant following the claimant first notifying, by whatever means, a designated office, an authorised office or an appropriate DWP office of an intention to make a claim; or
ii
a claimant notifies, by whatever means, a designated office, an authorised office or an appropriate DWP office of an intention to make a claim by telephone in accordance with paragraphs (4A) to (4BD),
the date of first notification; and
.
5
Omit regulation 54 (date of claim where claim sent or delivered to a gateway office).
6
Omit regulation 55 (date of claim where claim sent or delivered to an office of a designated authority).
7
For regulation 58 (amendment and withdrawal of claim), substitute —
58
1
A person who has made a claim may amend it at any time before a decision has been made on it by a notice in writing delivered or sent to the designated office.
2
Where the claim was made by telephone in accordance with paragraphs (4A) to (4BD) of regulation 53, the amendment may also be made by telephone.
3
Any claim amended in accordance with paragraph (1) or (2) shall be treated as if it had been amended in the first instance.
4
A person who has made a claim may withdraw it at any time before a decision has been made on it by notice to the designated office.
5
Where the claim was made by telephone in accordance with paragraphs (4B) to (4BD) of regulation 53, the withdrawal may also be made by telephone to the telephone number specified by the Secretary of State.
6
Any notice of withdrawal given in accordance with paragraph (4) or (5) shall have effect when it is received.
.
8
In regulation 59 (duty to notify changes of circumstances), omit paragraphs (2) and (6).
9
After regulation 82 (supply of information: extended payments (severe disablement allowance and incapacity benefit)), insert —
Supply of benefit administration information between authorities
83
1
For the purpose of section 122E(3) of the Administration Act (supply of information between authorities administering benefit) the circumstances in which information is to be supplied and the information to be supplied are set out in paragraph (2).
2
Where the functions of an authority (“Authority A”) relating to council tax benefit are being exercised, wholly or in part, by another authority (“Authority B”) —
a
Authority A must supply to Authority B any benefit administration information it holds which is relevant to, and necessary for, Authority B to exercise those functions; and
b
Authority B must supply to Authority A any benefit administration information it holds which is relevant to, and necessary for, Authority A to exercise those functions.
3
The circumstances in which paragraph (2) applies include cases where the authorities have agreed to discharge functions jointly.
4
In paragraph (2), “Authority A” and “Authority B” include any person authorised to exercise functions relating to council tax benefit on behalf of the authority in question.
5
This regulation shall not apply if the person or authority to whom the information is to be supplied agrees that the information need not be supplied.
.
Signed by authority of the Secretary of State for Work and Pensions
Anne C.McGuire
Parliamentary Under Secretary of State
Department for Work and Pensions
27th August 2008


text:
PART 1 Preliminary
Citation, application and commencement
1
These Regulations, which apply to England only, may be cited as the Non-Domestic Rating (Communications Hereditaments) (Valuation, Alteration of Lists and Appeals and Material Day) (England) Regulations 2008 and shall come into force on 1st October 2008.
Interpretation
2
In these Regulations —
“ 1988 Act ” means the Local Government Finance Act 1988;
“ ALA Regulations ” means the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2005 ;
“ BT ” means British Telecommunications plc;
“ Central List Regulations ” means the Central Rating List (England) Regulations 2005 ;
“fully unbundled local loop” means an unbundled local loop which BT has let or licensed to any person for all uses that comprise the monitoring, processing or transmission of communications or other signals for the provision of electronic communications services;
“the hereditament” means the hereditament described in regulation 8(1) of the Central List Regulations (BT’s central rating list hereditament); and
“unbundled local loop” has the meaning given by regulation 8(6) of the Central List Regulations.
PART 2 Valuation
Valuation of certain communications hereditaments
3
The letting or licensing by BT to any person of a fully unbundled local loop shall be assumed for the purpose of valuing the hereditament pursuant to paragraph 2(5) or (6) of Schedule 6 to the 1988 Act (non-domestic rating: valuation) to be a matter affecting the physical state or physical enjoyment of the hereditament.
PART 3 Alteration of Lists and Appeals
Material change of circumstances
4
1
A proposal to alter the rateable value shown for the hereditament in a central rating list compiled on or after 1st April 2005 may be made under regulation 4(1)(b) (circumstances in which proposals may be made) and Part 3 (alteration of central rating lists) of the ALA Regulations as a consequence of the letting or licensing of a fully unbundled local loop by BT to any person.
2
In relation to such a proposal, regulation 4(1)(b) shall have effect as if “material change of circumstances” included the matter assumed by regulation 3 of these Regulations to affect the hereditament’s physical state or the physical enjoyment of it for the purpose of valuing it pursuant to paragraph 2(5) or (6) of Schedule 6 to the 1988 Act.
Modification of regulation 6 of the ALA Regulations
5
Where a proposal is made pursuant to regulation 4(1), regulation 6(1)(e)(ii) (information to accompany proposal) of the ALA Regulations shall have effect as if it also required the inclusion of a statement specifying the number of fully unbundled local loops that are comprised in the hereditament as at the effective date proposed in that proposal.
PART 4 Material Day
Material day for valuation
6
Regulation 3(7)(b)(i) of the Non-Domestic Rating (Material Day for List Alterations) Regulations 1992 (material day for list alterations made in pursuance of a proposal) shall have effect, in relation to a proposal made pursuant to regulation 4(1), as if the material day in relation to any particular fully unbundled local loop were the day on which BT let or licensed it.
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
28th August 2008


text:
Citation, commencement and extent
1
1
This Order may be cited as the Criminal Justice Act 1988 (Offensive Weapons) (Amendment) Order 2008 and shall come into force on 6th April 2008.
2
This Order extends to England and Wales and Northern Ireland.
Amendment of the Criminal Justice Act 1988 (Offensive Weapons) Order 1988
2
1
The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 (which specifies offensive weapons for the purposes of section 141 of the Criminal Justice Act 1988) is amended as follows.
2
In paragraph 1, after sub-paragraph (q) insert —
r
a sword with a curved blade of 50 centimetres or over in length; and for the purposes of this sub-paragraph, the length of the blade shall be the straight line distance from the top of the handle to the tip of the blade.
.
3
After paragraph 2 insert —
3
It shall be a defence for a person charged —
a
with an offence under section 141(1) of the Criminal Justice Act 1988; or
b
with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 ,
in respect of any conduct of his relating to a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of paragraph 1(r) to show that the weapon in question was made in Japan before 1954 or was made in Japan at any other time according to traditional methods of forging swords.
4
It shall be a defence for a person charged —
a
with an offence under section 141(1) of the Criminal Justice Act 1988; or
b
with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,
in respect of any conduct of his relating to a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of paragraph 1(r) to show that his conduct was for the purpose only of making the weapon available for the purposes of the organisation and holding of a permitted activity for which public liability insurance is held in relation to liabilities to third parties arising from or in connection with the organisation and holding of such an activity.
5
For the purposes of paragraph 4 —
“historical re-enactment” means any presentation or other event held for the purpose of re-enacting an event from the past or of illustrating conduct from a particular time or period in the past;
“insurance” means a contract of insurance or other arrangement made for the purpose of indemnifying a person or persons named in the contract or under the arrangement;
“permitted activity” means an historical re-enactment or a sporting activity;
“sporting activity” means the practising of a sport which requires the use of a weapon described in paragraph 1(r);
“third parties” includes participants in, and spectators of, a permitted activity and members of the public.
6
For the purposes of paragraphs 3 and 4, a person shall be taken to have shown a matter specified in those paragraphs if —
a
sufficient evidence of that matter is adduced to raise an issue with respect to it; and
b
the contrary is not proved beyond a reasonable doubt.
.
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
3rd April 2008


text:
Title and commencement
1
1
The title of this Order is the Welsh Levy Board Order 2008.
2
Articles 2, 3(1) and (2), 4, 5, 8, 9 and 10 and Schedule 2 come into force the day after this Order is made.
3
The remainder of the Order comes into force on 1 April 2008.
Scope
2
1
This Order relates to —
a
the beef and sheep industry in Wales; and
b
the pig industry in Wales.
2
For these purposes —
“beef and sheep industry” (“ diwydiant cig eidion a chig defaid ”) means all the activities comprised in the production, processing, marketing and distribution of —
cattle and sheep, including the carrying on of slaughterhouses and cattle and sheep auctions and markets;
meat and meat products (other than milk and milk products) from cattle and sheep;
“pig industry” (“ diwydiant moch ”) means all the activities comprised in the production, processing, marketing and distribution of pigs or pig products, including the carrying on of slaughterhouses and pig auctions and markets;
3
A reference in these Regulations to “industry” (“ diwydiant ”) is a reference to one or more of these industries.
Establishment of the Welsh Levy Board
3
1
A body called the Welsh Levy Board is established.
2
Its purposes are —
a
increasing efficiency or productivity in the industry;
b
improving marketing in the industry;
c
improving or developing services that the industry provides or could provide to the community; and
d
improving the ways in which the industry contributes to sustainable development.
3
Its functions are the provision of any of the services specified in Schedule 1 (functions of the Welsh Levy Board).
Constitution etc. of the Welsh Levy Board
4
Schedule 2 (constitution and proceedings of the Welsh Levy Board) has effect.
Acting through subsidiaries and other companies
5
1
The Welsh Levy Board may establish or acquire a subsidiary company for each of the industries within the scope of this Order and may establish or acquire such other subsidiary companies as may be conducive or incidental to its functions, and a reference to a subsidiary company in this Order is a reference to such a company.
2
The Welsh Levy Board may delegate any of its functions in Schedule 1 to a subsidiary or other company but any such arrangement will not affect the responsibilities of the Welsh Levy Board under this Order.
Levies
6
1
The Welsh Levy Board may impose a levy to enable it to provide services for each industry covered by this Order, and Schedule 3 has effect.
2
All figures in that Schedule exclude VAT.
3
The levies are to enable the Welsh Levy Board to —
a
cover its costs in providing any of the services specified in Schedule 1;
b
meet its administrative expenses;
c
further a purpose in article 3(2);
d
establish a reserve fund.
4
If the rate of levy (and any higher rate for late payment of the levy) exceeds the appropriate rate set out at paragraph 1(8) of Schedule 3 Part 2 of this Order such rate of levy (and any higher rate for late payment of the levy) must be approved in advance by the Welsh Ministers.
5
The Welsh Levy Board may delegate the collection of levy to a subsidiary company or a nominated company.
6
Levy raised in relation to an industry may only be used in relation to that industry.
Estimates
7
1
If any person liable to pay levy fails to notify the Welsh Levy Board or a subsidiary or nominated company of the information specified in Schedule 3 by the due date specified in that Schedule, the Welsh Levy Board or the subsidiary or nominated company may estimate the amount that should have been notified, and notify the person of the estimate.
2
If the person fails to make a return within 28 days of notification of the estimate he or she becomes liable to pay levy on that estimate.
3
The Welsh Levy Board may provide that a higher rate of levy is payable on the estimated amount, but that higher rate may not exceed the maximum rates provided for in Schedule 3.
Charges for services
8
The Welsh Levy Board, or any subsidiary or other company, may make such charges for any services in addition to the services referred to in article 6 as appear to the Welsh Levy Board or subsidiary or nominated company to be reasonable.
Reserve funds etc.
9
The Welsh Levy Board may —
a
establish and maintain a reserve fund for the purposes of its functions; and
b
borrow money and charge property.
Incidental Powers
10
1
The Welsh Levy Board may do anything that appears to it to be conducive or incidental to the discharge of its functions.
2
In particular it may —
a
enter into agreements;
b
acquire or dispose of property;
c
raise funds by means of voluntary contributions; and
d
accept gifts.
Ballots
11
1
The Welsh Levy Board may hold a ballot at any time on whether or not a levy should continue.
2
It must do so if it receives within a three month period one or more requests for a ballot signed by at least 5% of persons entitled to vote in a ballot.
3
The three month period is calculated from the first day of any month.
4
The maximum frequency with which ballots for the same levy can be held at the request of persons entitled to vote is 5 years.
5
A request for a ballot is not valid if it is made before 1 April 2012.
6
The Welsh Levy Board must immediately inform the Welsh Ministers of the result of a ballot, but the Welsh Ministers are not bound by the result.
Who can vote
12
1
The following are entitled to vote in relation to the levy.
Voters
Levy Voters and categories Pigs Any person who keeps pigs in Wales Any person who slaughters or exports pigs in Wales Cattle Any person who keeps cattle in Wales Any person who slaughters or exports cattle in Wales Sheep Any person who keeps sheep in Wales Any person who slaughters or exports sheep in Wales
2
The qualification for voting must be satisfied at any time in the twelve months preceding the ballot.
3
Each person entitled to vote has one vote (if there is a partnership each partnership has one vote).
4
Separate ballots may be held for different categories of voters.
Report and accounts
13
1
For each financial year, the Welsh Levy Board must —
a
prepare an annual report on how it has discharged its functions during the year; and
b
send a copy of the report to the Welsh Ministers within such period as the Welsh Ministers direct.
2
In this article, “financial year” (“ blwyddyn ariannol ”) means —
a
the period beginning with the day on which the Welsh Levy Board is established and ending with 31 March 2009; and
b
each subsequent period of 12 months ending with 31 March.
3
The Welsh Levy Board must —
a
keep proper accounting records; and
b
prepare accounts in respect of each financial year.
4
The Welsh Levy Board must submit the accounts that it prepares for a financial year to the Auditor General for Wales no later than 30 November in the following financial year.
5
The Auditor General for Wales must —
a
examine, certify and report on each set of accounts submitted to him or her under this paragraph, and
b
no later than four months after the accounts are submitted to him or her, lay before the Assembly a copy of them as certified by him or her together with his or her report on them.
Provision of information by the Welsh Levy Board
14
1
The Welsh Levy Board must provide the Welsh Ministers with such information as they may require relating to the Welsh Levy Board’s property or to the discharge or proposed discharge of its functions.
2
The Welsh Levy Board must also —
a
permit any person authorised by the Welsh Ministers to inspect and make copies of any accounts or other documents; and
b
provide such explanation of them as that person or the Welsh Ministers may require.
Provision of information to the Welsh Levy Board
15
1
It is an offence to provide false or misleading information relating to the requirements of this Order to the Welsh Levy Board or a subsidiary or nominated company.
2
Any person obliged to pay levy under this Order must keep sufficient records to enable the Welsh Levy Board or a subsidiary or nominated company to establish how much levy is due, and must produce them to an officer of the Welsh Levy Board or a subsidiary or nominated company on demand; and failure to comply with this paragraph is an offence.
Penalties and proceedings
16
1
A person guilty of an offence under this Order is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Proceedings for an offence under this Order may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his or her knowledge, provided that the commencement of such proceedings is not more than 2 years after the date on which the offence was committed.
3
Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate; or
b
any person who was purporting to act in any such capacity,
that person is guilty of the offence as well as the body corporate.
4
For the purposes of this article “director” (“ cyfarwyddwr ”) in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
5
Where an offence under this Order that has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he or she as well as the partnership is guilty of the offence.
Elin Jones
Minister for Rural Affairs, one of the Welsh Ministers
19 February 2008


text:
PART 1 INTRODUCTION
Citation, commencement and application
1
1
These Regulations may be cited as the Insurance Accounts Directive (Miscellaneous Insurance Undertakings) Regulations 2008.
2
These Regulations come into force on 6th April 2008 and apply in relation to —
a
insurance undertakings’ financial years beginning on or after that date, and
b
auditors appointed in respect of those financial years.
Interpretation
2
1
In these Regulations —
“the Companies Accounts Regulations ” means the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 ;
“the appropriate audit authority” means —
the Secretary of State, or
if the Secretary of State has delegated functions under section 1252 of the Companies Act 2006 to a body whose functions include receiving the equivalent notice under section 522 or 523 of that Act, that body;
“ the Authority ” means the Financial Services Authority ;
“director” includes, in the case of an undertaking which is not a company, any corresponding officer of that body;
“enactment” includes —
an enactment contained in subordinate legislation, other than these Regulations,
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,
an enactment contained in, or in an instrument made under, Northern Ireland legislation, and
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;
“friendly society” has the same meaning as in the Financial Services and Markets Act 2000 ;
“industrial and provident society” means a registered society within the meaning of either section 74 of the Industrial and Provident Societies Act 1965 or section 101 of the Industrial and Provident Societies Act (Northern Ireland) 1969 ;
“insurance undertaking” shall be construed in accordance with paragraphs (2) and (3).
2
Subject to paragraph (3), a body incorporated in or formed under the law of any part of the United Kingdom is an insurance undertaking for the purposes of these Regulations if it —
a
is incorporated by or registered under any public general Act of Parliament,
b
requires permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance without contravening the prohibition imposed by section 19 of that Act, and
c
is not required by any enactment to prepare accounts under Part 15 of the Companies Act 2006 (accounts and reports).
3
Paragraph (2)(b) must be read with —
a
section 22 of the Financial Services and Markets Act 2000,
b
the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ,
c
Schedule 2 to that Act.
4
A body is not an insurance undertaking for the purposes of these Regulations if it —
a
is excluded from the scope of Council Directive 73/239/ EEC by Article 3 of that Directive,
b
is referred to in Article 3(2) to (6) of Directive 2002/83/ EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance , or
c
is a friendly society.
5
Any reference in these Regulations to the accounts required by or prepared under regulation 3 are references to the annual accounts, the directors’ report and the auditor’s report required by or prepared under paragraph (1) of that regulation.
6
Any reference in these Regulations to “financial year” in relation to an insurance undertaking means —
a
any period in respect of which a profit and loss account, or in the case of an industrial and provident society, an annual return, of that undertaking is required to be made up by or in accordance with its constitution or by any enactment (whether that period is a year or not), or
b
failing any such requirement, each period of 12 months beginning with 1st April.
7
Except as otherwise provided in these Regulations, words and expressions used in the Companies Act 2006 have the same meaning in these Regulations as they have in that Act.
PART 2 ACCOUNTS
Preparation of accounts by insurance undertakings
3
1
The directors of an insurance undertaking must in respect of each financial year of the undertaking —
a
prepare the like annual accounts and directors’ report, and
b
cause to be prepared such an auditor’s report,
as would be required under the provisions mentioned in paragraph (3) if the undertaking were a company which is an insurance company or the parent company of an insurance group.
2
The accounts required by this regulation must —
a
be prepared within the period of 6 months beginning immediately after the end of the undertaking’s financial year,
b
state that they are prepared under this regulation, and
c
comply with such of the requirements of the provisions mentioned in paragraph (3) as relate to the contents of accounts or reports subject, where the insurance undertaking is unincorporated, to any necessary modifications to take account of that fact.
3
The provisions referred to in paragraphs (1) and (2) are the following provisions of the Companies Act 2006 and the Companies Accounts Regulations —
a
Chapters 4 and 5 of Part 15 of the Companies Act 2006 (accounts and reports),
b
sections 433 (name of signatory to be stated in published copies of accounts and reports) and 436 (meaning of “publication” in relation to accounts and reports) of that Act as far as the latter section has effect for the purposes of section 433,
c
section 469 of that Act (preparation and filing of accounts in euros),
d
sections 475(1) (requirement for audited accounts), 495 (auditor’s report on annual accounts), 496 (auditor’s report on directors’ report), 498 (duties of auditor), 503 (signature of auditor’s report) and 505 (names to be stated in published copies of auditor’s report) of that Act,
e
where Companies Act individual accounts are prepared, Schedule 3 to the Companies Accounts Regulations (insurance companies: Companies Act individual accounts) other than paragraphs 11, 62, 68, 70, 71, 72, 82(2), 83 and 84 and, in paragraph 2(2), the words from “save that none of the following” to the end,
f
Schedule 4 to those Regulations (information on related undertakings required whether preparing Companies Act or IAS accounts) other than paragraphs 9 and 12,
g
Schedule 5 to those Regulations (information about benefits of directors) other than paragraphs 2, 4 and 5,
h
where Companies Act group accounts are prepared, Part 1 of Schedule 6 to the Companies Accounts Regulations (Companies Act group accounts: general rules) (as modified by Part 3 of that Schedule (modifications for insurance groups)) other than paragraphs 13(3) and (4), 14 and 15,
i
paragraphs 6 and 7 of Schedule 7 to those Regulations (directors’ report).
4
For the purposes of those provisions as applied to accounts prepared under this regulation, these Regulations are to be regarded as part of the requirements of the Companies Act 2006 and the Companies Accounts Regulations.
5
Regulations 5 and 6 of the Companies (Disclosure of Auditor Remuneration and Liability Limitation Agreements) Regulations 2008 apply in relation to the accounts required by this regulation as they apply in relation to the annual accounts of a company or group which is not a small or medium-sized company or group.
Publication of accounts
4
1
An insurance undertaking must —
a
make available the latest accounts and reports prepared under regulation 3 for inspection by any person, without charge and during business hours, at the undertaking’s head office in the United Kingdom, and
b
supply to any person upon request a copy of those accounts (or such part of those accounts as may be requested) at a price not exceeding the administrative cost of making the copy.
2
In the case of industrial and provident societies which are insurance undertakings, the obligation in paragraph (1) (b) is subject to the provisions of section 39(5) of the Industrial and Provident Societies Act 1965 or section 48(6) of the Industrial and Provident Societies Act (Northern Ireland) 1969, as the case may be.
Penalties for non-compliance (accounts)
5
1
If the directors of an insurance undertaking fail to comply with paragraph (1) of regulation 3 within the period referred to in paragraph (2) of that regulation, an offence is committed by every person who, immediately before the end of that period, was a director of the undertaking.
2
If accounts and reports which are made available for inspection under regulation 4(1) do not comply with the requirements of regulation 3, an offence is committed by every person who, at the time when the accounts and reports were or the account was first made available for inspection, was a director of the insurance undertaking.
3
If an insurance undertaking fails to comply with regulation 4(1) an offence is committed by —
a
the insurance undertaking, and
b
every director of the insurance undertaking who is in default.
4
Where the affairs of an insurance undertaking are managed by its members, any reference in this regulation to a director of the insurance undertaking shall be read as referring to a member of the undertaking.
5
In proceedings for an offence under this section it is a defence for the person charged to show that he took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
6
A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
7
Section 1130 of the Companies Act 2006 (proceedings against unincorporated bodies) applies to an offence under paragraph (3) as it does to an offence under section 519 of that Act (statement by auditor to be deposited with company).
PART 3 AUDITORS
Appointment of auditors
6
1
Sections 485 (appointment of auditors of private company: general), 486 (appointment of auditors of private company: default power of Secretary of State), 487 (term of office of auditors of private company) and 488 (prevention by members of deemed re-appointment of auditor) of the Companies Act 2006 apply in relation to the appointment of auditors of an insurance undertaking subject —
a
where the undertaking concerned is unincorporated, to any necessary modifications to take account of that fact,
b
to the modifications made by paragraph (2), and
c
to paragraph (3).
2
The modifications are —
a
in section 485(2)(a), the reference to “the time allowed for sending out copies of the company’s annual accounts and reports” is to be construed as a reference to the time allowed under regulation 3(2)(a) of these Regulations for preparing the accounts required by regulation 3;
b
in section 485(2)(b), the reference to “the day on which copies of the company’s annual accounts and reports for the previous financial year are sent out under section 423” is to be construed as a reference to the day on which the accounts required by regulation 3 are prepared;
c
in section 487(3), the reference to “the provisions of this Part as to removal and resignation of auditors” is to be construed as a reference to provisions in these Regulations, and to any public general Act governing an insurance undertaking, as to removal and resignation of auditors;
d
in section 488(3)(c), the reference to “the accounting reference period” is to be construed as a reference to the financial year.
3
Sections 1121 (liability of officer in default), 1122 (liability of company as officer in default), 1123 (application to bodies other than companies) and 1130 (proceedings against unincorporated bodies) of the Companies Act 2006 apply in relation to an offence committed under section 486(3) of that Act as applied by this regulation.
4
This regulation does not apply in relation to industrial and provident societies which prepare accounts under the provisions of these Regulations.
Functions of auditor
7
1
The following provisions of the Companies Act 2006 apply to the auditor of an insurance undertaking as they apply to an auditor of a company —
a
section 495 (auditor’s report on company’s annual accounts);
b
section 498 (duties of auditor);
c
section 499 (auditor’s general right to information).
2
The auditor of an insurance undertaking must supply the directors of that undertaking with such information as is necessary to enable the disclosure required by regulation 3(5) to be made.
3
This regulation does not apply in relation to industrial and provident societies which prepare accounts under the provisions of these Regulations.
Signature of auditor’s report
8
1
Sections 503 to 506 of the Companies Act 2006 (signature of auditor’s report) apply in relation to the auditor’s report required by regulation 3(1)(b), subject to —
a
any necessary modifications to take account of the fact that the insurance undertaking is unincorporated, and
b
the modifications made by paragraph (2).
2
The modifications are —
a
in section 505(1)(b) and section 506(2)(b), the references to the Secretary of State are to be construed as references to the Authority, and
b
in section 506(1)(b), the reference to the copy of the report delivered to the registrar under Chapter 10 of Part 15 (filing of accounts and reports) is to be construed as a reference to any copy of the report made available for inspection by, or supplied to, the Authority.
3
The reference to section 505 of the Companies Act 2006 in regulation 3(3)(d) is to be construed in accordance with this regulation.
Removal of auditors on improper grounds
9
1
Where the auditor of an insurance undertaking is removed from office an application may be made to the High Court under this regulation.
2
The persons who may make such an application are —
a
any member of the insurance undertaking who was also a member at the time of the removal, and
b
the Authority.
3
If the court is satisfied that the removal was —
a
on grounds of divergence of opinion on accounting treatments or audit procedures, or
b
on any other improper grounds,
it may make such order as it thinks fit for giving relief in respect of the removal.
4
The court may, in particular —
a
declare that any resolution of the insurance undertaking removing an auditor, or appointing a new auditor in his place, is void;
b
require the directors of the insurance undertaking to re-appoint the dismissed auditor until the next general meeting of the insurance undertaking;
c
give directions as to the conduct of the insurance undertaking’s affairs in the future.
5
In the application of this regulation to an insurance undertaking whose principal place of business is in Scotland or Northern Ireland, references to the High Court are to be read as references to the Court of Session or, as the case may be, the High Court in Northern Ireland.
Duty of auditor to notify appropriate audit authority
10
1
Where an auditor of an insurance undertaking ceases for any reason to hold office, he must notify the appropriate audit authority.
2
The notice must —
a
inform the appropriate audit authority that he has ceased to hold office, and
b
if the auditor resigns, be accompanied by a copy of any notice of resignation and a statement of the reasons for his resignation.
3
The auditor must comply with this regulation —
a
if he resigns, at the same time as he deposits his notice of resignation at the head office of the insurance undertaking or otherwise informs it of his resignation;
b
in any other case, not later than the end of the period of 14 days beginning with the date on which he ceases to hold office.
Duty of insurance undertaking to notify appropriate audit authority
11
1
Where an auditor of an insurance undertaking ceases to hold office before the end of his term of office, the undertaking must notify the appropriate audit authority.
2
The notice must —
a
inform the appropriate audit authority that the auditor has ceased to hold office, and
b
be accompanied by —
i
a statement by the undertaking of the reasons for his ceasing to hold office, or
ii
if the auditor has resigned and he has given the insurance undertaking a statement of the reasons for his resignation, a copy of that statement.
3
The insurance undertaking must give notice under this paragraph —
a
if the auditor resigns, not later than the end of the period of 14 days beginning with the date on which the auditor first informs the insurance undertaking of his resignation (whether by notice deposited at its head office or otherwise);
b
in any other case, not later than the end of the period of 14 days beginning with the date on which the auditor ceases to hold office.
Penalties for non-compliance (notification of appropriate audit authority)
12
1
If an auditor fails to comply with regulation 10 , an offence is committed by —
a
the auditor, and
b
if the auditor is a firm, every officer of the firm who is in default.
2
If an insurance undertaking fails to comply with regulation 11 , an offence is committed by —
a
the insurance undertaking, and
b
every director of the insurance undertaking who is in default.
3
Where the affairs of an insurance undertaking are managed by its members, any reference in this regulation to a director of the insurance undertaking shall be read as referring to a member of the undertaking.
4
In proceedings for an offence under this section it is a defence for the person charged to show that he took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
5
A person guilty of an offence under this regulation is liable —
a
on conviction on indictment, to a fine, and
b
on summary conviction, to a fine not exceeding the statutory maximum.
6
Sections 1121 (liability of officer in default), 1122 (liability of company as officer in default), 1123 (application to bodies other than companies) and 1130 (proceedings against unincorporated bodies) of the Companies Act 2006 apply to an offence under paragraphs (1) and (2) as they apply to an offence under section 519 of that Act (statement by auditor to be deposited with company).
PART 4 FINAL PROVISIONS
Summary proceedings: venue and time limit
13
Sections 1127 (summary proceedings: venue) and 1128 (summary proceedings: time limit for proceedings) of the Companies Act 2006 apply in relation to summary proceedings for any offence under these Regulations as they apply in relation to such proceedings for any offence under that Act.
Industrial and provident societies
14
1
Schedule 1 to these Regulations makes provision for the modification of the Friendly and Industrial and Provident Societies Act 1968 in its application to industrial and provident societies that are insurance undertakings for the purposes of these Regulations.
2
Schedule 2 makes provision for the modification of the Industrial and Provident Societies (Northern Ireland) Act 1969 in its application to industrial and provident societies that are insurance undertakings for the purposes of these Regulations.
3
The Industrial and Provident Societies (Group Accounts) Regulations 1969 and the Industrial and Provident Societies Act (Group Accounts) Regulations (Northern Ireland) 1969 do not apply to industrial and provident societies that are insurance undertakings for the purposes of these Regulations.
4
Notwithstanding anything in the rules of the society, the committee of an industrial and provident society that is an insurance undertaking for the purposes of these Regulations may by resolution passed before 1st April 2009 make such amendments of the rules of the society as may be consequential on the provisions of these Regulations.
5
The Authority is not required to register any amendment of the rules of such a society unless such consequential amendments of the rules of the society as are mentioned in paragraph (4) either have been made before the application for registration of that amendment or are to be effected by that amendment.
Consequential amendments
15
1
In section 1210 of the Companies Act 2006 (meaning of “statutory auditor” etc ) —
a
for subsection (1)(f) substitute —
f
a person appointed as auditor of an insurance undertaking for the purposes of the Insurance Accounts Directive (Miscellaneous Insurance Undertakings) Regulations 2008,
; and
b
omit —
i
subsection (1)(d), and
ii
in subsection (3), omit the definition of “industrial and provident society”.
2
In section 4A(3) of the Friendly and Industrial and Provident Societies Act 1968 (power to disapply obligation to appoint auditor: excluded cases) , omit paragraph (d) (but not the word “or” following it).
3
In section 38A of the Industrial and Provident Societies (Northern Ireland) Act 1969 (power to disapply obligation to appoint auditor: excluded cases) , omit paragraph (c) (but not the word “or” following it).
Revocation
16
1
The Insurance Accounts Directive (Miscellaneous Insurance Undertakings) Regulations 1993 and the Insurance Accounts Directive (Miscellaneous Insurance Undertakings) Regulations (Northern Ireland) 1994 are revoked.
2
The regulations specified in paragraph (1) continue to apply to any financial year of an insurance undertaking beginning before 6th April 2008.
Gareth Thomas
Parliamentary Under Secretary of State for Trade and Consumer Affairs,
Department for Business, Enterprise and Regulatory Reform
26th February 2008